[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Notices]
[Pages 43318-43319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15098]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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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(l)(1). The actions relate to: the proposed State Route 46 highway 
project, in the City of Wasco between Kilo Posts 74.03/82.43 (Post 
Miles 46.00/51.22) in Kern County, State of California; and, the 
proposed Westside Parkway Project between Heath Road and SR-99 in 
Bakersfield, Kern County, State of California. Those actions grant 
approvals for the two proposed projects.

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 30, 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 still applies.

FOR FURTHER INFORMATION CONTACT: Mayela Sosa, Project Development Team 
Leader, Federal Highway Administration, 650 Capitol Mall, Suite 4-100, 
Sacramento, CA 95814; weekdays 7 a.m. to 4 p.m.(Pacific time); 
telephone (916) 498-5057; e-mail: [email protected]. Juergen 
Vespermann, Senior Environmental Planner, California Department of 
Transportation (Caltrans), 2015 E. Shields Avenue 100, Fresno, 
CA 93726; weekdays 7 a.m. to 4 p.m. (Pacific time); telephone (559) 
243-8157; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the following highway projects in the State of 
California. It is proposed to widen State Route 46 from a two-lane 
conventional highway to a four-lane conventional highway, four-lane 
expressway, or combination of the two between the Jumper Avenue 
alignment (along the west side of the Wasco State Prison) and ``J'' 
Street (State Route 43-North), from kilometer posts 74.03 to 82.43 
(post mile 46.00 to 51.22), in the City of Wasco in Kern County, 
California. Additionally, the Westside Parkway facility is proposed as 
an 8.1-mile-long eight-lane freeway from approximately Heath Road to a 
point near SR-99 at Truxtun Avenue in the City of Bakersfield and an 
unincorporated portion of Kern County. The project would cross a number 
of existing features such as other roadways, canals, and the Kern 
River. The project also includes the extension of Mohawk Street south 
from Rosedale Highway, across the Kern River, to Truxtun Avenue. In 
addition to connecting to Stockdale Highway and Truxtun Avenue, 
interchanges would be provided at Allen Road, Calloway Drive, Coffee 
Road, and Mohawk Street. Grade-separations would be constructed at 
Jewetta Avenue and Renfro Road to carry local roadways over the 
Westside Parkway.
    The actions by the Federal agencies and the laws under which such 
actions were taken on the proposed State Route 46 project are described 
in the Environmental Assessment (EA)/Finding of No Significant Impact 
(FONSI) for the project, approved on November 14, 2006 and in other 
documents in the FHWA administrative record. For the Westside Parkway 
facility, the actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the Tier 2 Environmental 
Assessment/Final Environmental Impact Report (EA/FEIR) with Finding of 
No Significant Impact (FONSI) for the project, approved on January 9, 
2007 and in other documents in the FHWA administrative record. The EAs/
FONSIs and other documents are available by contacting FHWA or Caltrans 
at the addresses provided above.
    This notice applies to all Federal agency decisions as of the 
issuance date

[[Page 43319]]

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]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 
128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 
319].
    4. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 
133(b)(11)].
    5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; and Migratory Bird Treaty Act [16 U.S.C. 703-712].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470 
et seq.]; and Native American Graves Protection and Repatriation Act 
[25 U.S.C. 3001-3013].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-
4209]; and The Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970, as amended.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986; and Resource Conservation 
and Recovery Act [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 the Cultural 
Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve 
America; 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; and 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(l)(1).

    Issued on: July 26, 2007.
Maiser Khaled,
Director, Project Development and Environment, Sacramento, California.
 [FR Doc. E7-15098 Filed 8-2-07; 8:45 am]
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