[Federal Register Volume 72, Number 143 (Thursday, July 26, 2007)]
[Notices]
[Pages 41097-41098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3645]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Idaho

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA, Army Corps of Engineers (USACE), DoD, and Other Federal 
Agencies.

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SUMMARY: This notice announces actions taken by the FHWA, USACE, and 
other Federal Agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, Cheyenne 
Overpass, Project No. DHP-1564(001), Key No. 7508, Pocatello in Bannock 
County in the State of Idaho. 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(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before January 22, 2008. 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 applies.

FOR FURTHER INFORMATION CONTACT: For HWA: Mr. Peter Hartman, Division 
Administrator, Federal Highway Administration, 3050 Lakeharbor Lane 
Suite 126, Boise, Idaho 83703; telephone: (208) 334-1843; e-mail: 
[email protected]. The FHWA Idaho Division Office's normal 
business hours are 8 a.m. to 4 p.m. (Mountain Time). For ITD: Mr. Mark 
Snyder, Project Development Engineer, Idaho Transportation Department, 
District 5, 5151 South 5th Avenue, Pocatello, Idaho 83205-4700; Normal 
business hours are 8 a.m. to 4 p.m. (Mountain Time), telephone: (208) 
239-3336.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions subject to 23 U.S.C. 129(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Idaho: Cheyenne Overpass, Pocatello from Bannock Highway 
to South 5th Avenue in Bannock County. The project will be a 1.1 mile 
long, five-lane arterial street with grade separations at 2nd Avenue 
and Interstate 15. It will begin at Bannock Highway south of Tech Farm 
Road and proceed to the east over the Portneuf River, Union Pacific 
Railroad tracks, and 2nd Avenue. Further east the new roadway will 
cross under Interstate 15 and end at South 5th Avenue. The proposed 
arterial will be on new alignment. The actions by the Federal agencies, 
and the laws under which such actions were taken, are described in the 
Environmental Assessment (EA) and supporting documentation for the 
project. The EA was released for public review on August 24, 2005; a 
Finding of No Significant Impact (FONSI) was issued by the FHWA on May 
14, 2007. The EA, FONSI, and other supporting information are available 
by contacting the FHWA or the Idaho Transportation Department at the 
addresses provided above. The EA and FONSI can be viewed and downloaded 
from the project Web site at: http://itd.idaho.gov/Projects/D5/CheyenneOverpassEA/ or viewed at public libraries in the project area. 
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:

[[Page 41098]]

General Environmental Statutes

    National Environmental Policy Act: 42 U.S.C. 4321-4335 (Pub. L. 91-
190), (Pub. L. 94-83).
    Section 4(f) of The Department of Transportation Act: 23 U.S.C. 
138, 49 U.S.C. 303 (Pub. L. 100-17), (Pub. L. 97-449), (Pub. L. 86-
670).
    Economic, Social, and Environmental Effects: 23 U.S.C. 109(h), 
(Pub. L. 91-605), 23 U.S.C. 128;
    Uniform Relocation Assistance and Real Property Acquisition Act of 
1970 (42 U.S.C. 4601 et seq., (Pub. L. 91-646) as amended by the 
Uniform Relocation Act Amendments of 1987 (Pub. L. 100-17);
    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
23 U.S.C. 324; Americans with Disabilities Act (42 U.S.C. 12101) and 
related statutes.
    Executive Order 12898: Environmental Justice.
    Public hearings: 23 U.S.C. 128.

Health

    Solid Waste Disposal Act, as amended by the Resource Conservation 
and Recovery Act of 1976: 42 U.S.C. 6901, et seq., especially 42 U.S.C. 
6961-6964 (Pub. L. 89-272) (Pub. L. 91-512) (Pub. L. 94-580).

Historical and Archeological Preservation

    Section 106 of the National Historic Preservation Act, as Amended: 
16 U.S.C. 470f (Pub. L. 89-665) (Pub. L. 91-243) (Pub. L. 93-54) (Pub. 
L. 94-422) (Pub. L. 94-458) (Pub. L. 96-199) (Pub. L. 96-244) (Pub. L. 
96-515) (Pub. L. 102-575).
    Section 110 of the National Historic Preservation Act, as Amended: 
16 U.S.C. 470H-2 (Pub. L. 96-515).
    Archeological and Historic Preservation Act: 16 U.S.C. 469-469C 
(Pub. L. 93-291) (Moss-Bennett Act).
    Archeological Resources Protection Act: 16 U.S.C. 470aa-11 (Pub. L. 
96-95).
    American Indian Religious Freedom Act: 42 U.S.C. 1996 (Pub. L. 95-
341).
    Native American Grave Protection and Repatriation Act: (Pub. L. 
101-601) 25 U.S.C. 3001 et seq.

Land and Water Usage

    Executive Order 11988: Floodplain Management, as amended by 
Executive Order 12148.
    Federal Water Pollution Control Act (1972), as Amended by the Clean 
Water Act (1977 & 1987): 33 U.S.C. 1251-1376 (Pub. L. 92-500) (Pub. L. 
95-217) (Pub. L. 100-4).
    Wildflowers 23 U.S.C. 319(B) (Pub. L. 100-17).
    Farmland Protection Policy Act of 1981: 7 U.S.C. 4201-4209 (Pub. L. 
97-98) (Pub. L. 99-198).
    Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), as amended: 42 U.S.C. 9601-9657 (Pub. L. 96-510). 
Superfund Amendments and Reauthorization Act of 1986: (SARA) (Pub. L. 
99-499).
    Endangered Species Act of 1973, as amended: 16 U.S.C. 1531-1543 
(Pub. L. 93-205) (Pub. L. 94-359) (Pub. L. 95-632) (Pub. L. 96-159) 
(Pub. L. 97-304).
    Intermodal Surface Transportation Efficiency Act of 1991 Sec. 1038 
Recycled Paving Material: (Pub. L. 102-240).

Noise

    Standards: 23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87).

Air Quality

    Clean Air Act (as amended), Transportation Conformity Rule: 23 
U.S.C. 109(j) 42 U.S.C. 7521(a) (Pub. L. 101-549).
    Intermodal Surface Transportation Efficiency Act of 1991: 
Congestion Mitigation and Air Quality Improvement Program (CMAQ): Sec. 
1008 23 U.S.C. 149.

(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(1)(1).

    Issued on: July 19, 2007.
B. Renee Sigel,
Assistant Division Administrator.
[FR Doc. 07-3645 Filed 7-25-07; 8:45 am]
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