[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Notices]
[Pages 37527-37528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14945]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in San 
Bernardino County, CA

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
of FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the California 
Department of Transportation (Caltrans) pursuant to its assigned 
responsibilities under 23 U.S.C. 327 that are final within the meaning 
of 23 U.S.C. 139(l)(1). These actions relate to a proposed highway 
project, US-395 from post miles 19.05-35.6 in San Bernardino County, 
California. Those actions grant licenses, permits, and approval of the 
project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 December 
29, 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: Marie J. Petry, California Department 
of Transportation District 8, 464 W. 4th Street, San Bernardino, CA 
94201-1400, telephone (909) 383-6379, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the California 
Department of Transportation (Caltrans), pursuant to its assigned 
responsibilities under U.S.C. 327, and certain Federal Agencies have 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by approving 
the United States 395 (US-395) widening project in the State of 
California. When completed, the US-395 widening project will 
accommodate the installation of rumble strips on the 7.9 ft (2.40 m) 
outside paved shoulders and a 3.9 ft (1.2 m) median buffer. In 
addition, roadway resurfacing will be conducted in both directions and 
the following intersections will be paved to accommodate the new width 
of the US-395: Colusa Road, Desert Flower Road, Purple Sage Street, 
Shadow Mountain Avenue, Sun Hill Ranch, and Princess Pat Mine. The 
project would require right of way acquisition and utility relocation. 
The right of way acquisition will include the required land for the 
project as well as land required to accommodate future passing lanes. 
Since the project consists of widening the existing facility, there 
will be no additional encroachment either upon any floodplain or 
drainage course that might be determined to be associated with a 
floodplain. In addition, the project would not require any new 
structures, retaining walls, and/or soundwalls; therefore, it would not 
create any visual impacts in the area. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Final Initial Study with Mitigated Negative 
Declaration/Environmental Assessment for the project, approved on May 
1, 2008, in the FHWA Finding of No Significant Impact (FONSI) issued on 
May 1, 2008, and in other documents in the FHWA project records. The 
Final Initial Study with Mitigated Negative Declaration/Environmental 
Assessment, FONSI, and other project records are available by 
contacting FHWA or the California Department of Transportation, 
District 8 at the address provided above. The FHWA FONSI can be viewed 
and downloaded from the project Web site at http://district8.dot.ca.gov/projects/index.htm.
    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]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)].
    4. 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 Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archaeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    5. 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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970, as amended [42 U.S.C. 61].
    6. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377 (Section 404, Section 401)].
    7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability

[[Page 37528]]

Act [42 U.S.C. 9601-9675]; Superfund Amendments and Reauthorization Act 
of 1986 [PL 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 
6901-6992(k)].
    8. 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: June 10, 2008.
Nancy E. Bobb,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E8-14945 Filed 6-30-08; 8:45 am]
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