[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Notices]
[Pages 63642-63643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22031]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Newberg Dundee 
Transportation Improvement Project (Tier 1), Oregon 99W: Yamhill 
County, OR

AGENCY:  Federal Highway Administration (FHWA), DOT.

ACTION:  Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY:  This notice announces actions taken by the FHWA that are 
final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to 
a proposed highway project, the Newberg Dundee Transportation 
Improvement Project (Tier 1), Oregon 99W, extending approximately 11 
miles from the eastern terminus east of Newberg in the Rex Hill area, 
to the western terminus where Oregon 99W intersects with OR18 (McDougal 
Corner) west of Dundee, near Dayton in the County of Yamhill, State of 
Oregon. The Federal actions, taken as a result of a tiered 
environmental review process under the National Environmental Policy 
Act, 42 U.S.C. 4321-4351 (NEPA), and implementing regulations on 
tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR part 771, 
determined certain issues related to the proposed project. Those Tier 1 
decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for the highway project. Tier 1 decisions also may be relied upon by 
State and local agencies in proceedings on the proposed project.

DATES:  By this notice, the FHWA is advising the public that it has 
made decisions that are subject to 23 U.S.C. 139(l)(1) and are final 
within the meaning of that law. A claim seeking judicial review of the 
Tier 1 Federal agency decisions on the proposed highway project will be 
barred unless the claim is filed on or before May 7, 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:  For the FHWA: Ms. Michelle Eraut, 
Environmental Program Manager, Federal Highway Administration, 530 
Center Street, NE., Suite 100, Salem, Oregon 97301; telephone 503-587-
4716. You may also contact Ms. Lisa Ansell, Project Manager, Oregon 
Department of Transportation, 885 Airport Road SE., Building P, Salem,

[[Page 63643]]

Oregon 97301-4788; telephone 503-986-2688.

SUPPLEMENTARY INFORMATION:  Notice is hereby given that the FHWA has 
issued a Tier 1 Final Environmental Impact Statement (FEIS) and Record 
of Decision (ROD) in connection with a proposed highway project in the 
State of Oregon. The Newberg Dundee Transportation Improvement Project 
(Tier 1), Oregon 99W, proposes an approximately 11 mile long, four-lane 
expressway extending from the eastern terminus, east of Newberg in the 
Rex Hill area to its western terminus where Oregon 99 W intersects with 
Oregon 18 (McDougal Corner) west of Dundee near Dayton. The proposed 
expressway will be primarily on new alignment. Decisions in the Tier 1 
ROD include, but are not limited to, the following:
    1. Purpose and need for the project (see Chapter 1 of the FEIS).
    2. Reasonable alternatives that will be carried forward for further 
evaluation in the Tier 2 proceedings (see FEIS Chapter 2).
    3. Selection of the highway build alternative and highway corridor 
for the project. The selected alternative is called Modified 3J, which 
is a combination of Alternative 3J and other build alternatives.
    4. Alternatives that have been eliminated from further 
consideration and study, including but not limited to, those identified 
in the Tier 1 FEIS as the ``no build'' alternative, and alternatives 
3C, 3D, 3G, 3H, 3I, 3J, 3K and 4C (see FEIS Chapter 2). Detailed 
information about the alternatives considered in Tier 1, and about the 
Federal decisions that eliminated alternatives other than Alternative 
Modified 3J, is available in the Tier 1 ROD and Tier 1 FEIS.
    Interested parties may consult the ROD and FEIS for further 
information on each of the decisions described above.
    The Tier 1 actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Tier 1 Final 
Environmental Impact Statement (FEIS) approved on June 2, 2005, in the 
FHWA Record of Decision (ROD) issued on August 26, 2005, and in other 
documents in the FHWA project records. The scope and purpose of the 
Tier 1 FEIS are described in sections Chapter 1 of the FEIS. The FEIS, 
ROD, and other documents in the FHWA project file are available by 
contacting the FHWA or the Oregon Department of Transportation at the 
addresses provided above. The FHWA FEIS and ROD can also be viewed and 
downloaded from the project Web site at http://www.newbergdundeebypass.org.
    This notice applies to all Federal agency Tier 1 decisions that are 
final within the meaning of 23 U.S.C. 139(l)(1) 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 and 23 U.S.C. 128].
    2. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].

(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: November 5, 2007.
Michelle Eraut,
Environmental Program Manager, Salem, Oregon.
[FR Doc. E7-22031 Filed 11-8-07; 8:45 am]
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