[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12793-12794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4425]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on a Proposed U.S. Highway 
Project 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). These actions relate to a proposed highway project to widen a two-
lane conventional highway--State Route 12 in Napa and Solano Counties 
in the State of California--to four lanes and to convert its western 
terminus into an interchange. The State Route 12 widening portion of 
the project is between kilo post 0.0 and R4.2 (post miles 0.0 and R2.6) 
in Solano County, and between kilo post 0.4 and 5.3 (post mile 0.2 and 
3.3) in Napa County. The interchange portion of the project is in Napa 
County between kilo post 0.0 and 0.4 (post mile 0.0 and 0.2) on State 
Route 12 and between kilo post 6.7 and 8.7 (post mile 4.2 and 5.4) on 
State Route 29.

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 project will be barred 
unless the claim is filed on or before September 8, 2008. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such a claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: Melanie Brent, Chief, Office of 
Environmental Analysis, 510-286-5231, [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and

[[Page 12794]]

the California Department of Transportation (Caltrans) assumed 
environmental responsibilities for this project pursuant to 23 U.S.C. 
327. Caltrans prepared an Environmental Assessment on a proposal for a 
highway and intersection improvement project in Napa and Solano 
Counties, California.
    The proposed project would widen the two-lane, conventional 
highway, State Route 12--from east of the city of Napa, in Napa County 
to near Red Top Road, west of the city of Fairfield, in Solano County--
to four lanes (a distance of 5.7 miles) and convert its western 
terminus into an interchange. The State Route 12 widening portion of 
the project is between kilo post 0.0 and R4.2 (post miles 0.0 and R2.6) 
in Solano County, and between kilo post 0.4 and 5.3 (post mile 0.2 and 
3.3) in Napa County. The interchange portion of the project is in Napa 
County between kilo post 0.0 and 0.4 (post mile 0.0 and 0.2) on State 
Route 12 and between kilo post 6.7 and 8.7 (post mile 4.2 and 5.4) on 
State Route 29. The project had two build alternatives pertaining to 
the design--tight diamond or single point urban-of the State Routes 29/
12 interchange and a No Build alternative. The anticipated permits 
include:
    Section 7 Incidental Take Statement for the California red-legged 
frog (from the U.S. Fish and Wildlife Service) under the Federal 
Endangered Species Act).
    401 Water Quality Certification (from the Regional Water Quality 
Control Board) under section 401 of the Clean Water Act).
    404 Individual Permit (from the U.S. Army Corps of Engineers) under 
section 404 of the Clean Water Act).
    Public meeting(s) were held in Fairfield on September 13, 2007 and 
Napa on September 14, 2007. The Environmental Assessment, Finding of No 
Significant Impact, which were approved on January 31, 2008, and other 
documents are available for public and agency review at the Caltrans. 
Address provided above.

(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.)
    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:
    General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-
4351]; Federal Aid-Highway Act [23 U.S.C. 109].
    Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 
219].
    Air: Clean Air Act 42 U.S.C. 7401-7671(q).
    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)], 
Migratory Bird Treaty Act [16 U.S.C. 703-712]. Section 4(f) of the U.S. 
Department of Transportation Act of 1966 [49 U.S.C. 303].
    Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11]; 
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].
    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]; The Uniform 
Relocation Assistance Act and Real Property Acquisition Policies Act of 
1970, as amended.
    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).
    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(l) (1).

    Issued on: February 28, 2008.
Shawn A. Oliver,
South Team Leader.
[FR Doc. E8-4425 Filed 3-7-08; 8:45 am]
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