[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Page 48315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16666]



[[Page 48315]]

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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 U.S. 395 Independence 
Roadway Improvement Project in the vicinity of the town of Independence 
from 4.3 kilometers (2.7 miles) south of Mazourka Canyon Road to 0.6 
kilometer (0.4 mile) north of Shabbell Lane in Inyo County, State of 
California. Those actions grant 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 February 19, 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: Dominic Hoang, Project Development 
Engineer, FHWA, 650 Capitol Mall, 4-100, Sacramento, CA 95814; 
weekdays 7 a.m. to 4 p.m. (Pacific time); telephone (916) 498-5002; 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 project in the State of California. 
The Independence Roadway Improvement Project would increase capacity to 
meet present and future traffic demands, improve safety and the flow of 
traffic, and provide route continuity. This would be accomplished by 
widening U.S. 395 from a two-lane highway to a four-lane controlled 
access expressway (except through Independence) from KP 113.1 to 122.5 
(PM 70.3/76.1) in the vicinity of the town of Independence in Inyo 
County. The actions by the Federal agencies and the laws under which 
such actions were taken are described in the Environmental Assessment 
(EA)/Finding of No Significant Impact (FONSI) for the project, approved 
on June 22, 2004, and in other documents in the FHWA administrative 
record. The EA/FONSI and other documents are available by contacting 
FHWA or Caltrans at the addresses provided above. The FHWA EA/FONSI can 
be viewed and downloaded from the project Web site at: http://www.dot.ca.gov/dist9/projmgt/Inyo_projects/21480/IndependenceFED.pdf.
    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]; 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: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, section 401, Section 319); Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m) and 133(b)(11)]; Land and Water Conservation Fund 
(LWCF), 16 U.S.C. 4601-4604; Flood Disaster Protection Act, 42 U.S.C. 
4001-4128; and Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)].
    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]; American Indian Religious Freedom Act [42 U.S.C. 1996]; 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: August 16, 2007.
Maiser Khaled,
Director, Project Development & Environment, Sacramento, California.
[FR Doc. E7-16666 Filed 8-22-07; 8:45 am]
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