[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Notices]
[Pages 58902-58903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16479]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
North Carolina

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 139 
(I)(1). The actions relate to a proposed highway project, Fayetteville 
Outer Loop, from I-95 south of Fayetteville to U.S. 401 (Ramsey Street) 
in Fayetteville, North Carolina, Cumberland and Robeson Counties, North 
Carolina. Those actions grant licenses, permits, and approvals for the 
project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139 (I)(1). A claim seeking judicial 
review of the Federal agency actions on the highway project will be 
barred unless the claim is filled on or before April 16, 2007. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Clarence W. Coleman, P.E., Operations 
Engineer, Federal Highway Administration, 310 New Bern Avenue, Ste 410, 
Raleigh, North Carolina, 27601-1418; Telephone: (919) 856-4350 
extension 133; e-mail: [email protected]. FHWA North 
Carolina Division Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time). You may also contact Gregory J. Thorpe, Ph.D., Project 
Development and Environmental Analysis (PDEA) Branch Manager, North 
Carolina Department of Transportation (NCDOT), 1 South Wilmington 
Street (Delivery), 1548 Mail Service Center, Raleigh, North Carolina 
27699-1548; Telephone (919) 733-3141, [email protected]. NCDOT--
PDEA Branch Office's normal business hours are 8 a.m. to 5 p.m. 
(Eastern Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of North Carolina: Fayetteville Outer Loop, Federal Aid No. 
DPR-0100(001) and DPR-0100(002), from I-95 south of Fayetteville to 
U.S. 401 (Ramsey Street) in Fayetteville, North Carolina, Cumberland 
and Robeson Counties, North Carolina. The project will be a 28-mile 
long, four-lane divided controlled-access freeway on new alignment. The 
project extends westward from the end of I-295 along the southern 
boundary of Fort Bragg Military Reservation/northern municipal limits 
of the City of Fayetteville then turns southward along the western 
limits of the City of Fayetteville and the Town of Hope Mills until it 
connects with I-95. The actions by the Federal agencies, and the laws 
under which such actions were taken, are described in the Final 
Environmental Impact Statement (FEIS) for the project, approved on 
August 17, 2005, in the FHWA Record of Decision (ROD) issued on January 
19, 2006, and in other documents in the FHWA administrative record. The 
FEIS, ROD, and other documents in the FHWA administrative record file 
are available by contacting the FHWA or NCDOT at the addresses provided 
above. The FHWA FEIS and ROD can be viewed at the NCDOT--PDEA Branch, 1 
South Wilmington Street, Raleigh, North Carolina; NCDOT--Division 6 
Construction Engineer Office, 558 Gillespie Street, Fayetteville, North 
Carolina and Fayetteville Metropolitan Planning Office (MPO), 130 
Gillespie Street, 2nd Floor, Fayetteville, North Carolina.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended

[[Page 58903]]

[16 U.S.C. 470(f) et seq.]; Archeological Resources Protection Act of 
1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation 
Act [16 U.S.C. 469-469(c)]; Native American Grave Protection and 
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319)]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 
4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-
300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild 
and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; TEA-21 Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. 139 (I)(1).

    Issued on: September 29, 2006.
Clarence W. Coleman,
P.E., Operations Engineer, Raleigh, North Carolina.
[FR Doc. E6-16479 Filed 10-4-06; 8:45 am]
BILLING CODE 4910-RY-P