[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Pages 50854-50855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19986]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Final Federal Agency Actions on Proposed Highway in Washington, 
DC

AGENCIES: 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 that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, 11th Street Bridges, Anacostia Freeway (I-
295/DC 295) to Southeast/Southwest Freeway (I-695), and Washington, DC. 
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 that are covered by this notice will be 
barred unless the claim is filed on or before February 24, 2009. 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: Mr. Mark R. Kehrli, Division 
Administrator, Federal Highway Administration, 1990 K Street, NW., 
Suite 510, Washington, DC 20006-1103; telephone: (202) 219-3536; e-
mail: [email protected]. The FHWA District of Columbia Division 
Office normal business hours are 8 a.m. to 4:30 p.m. (Eastern Time). 
You may also contact Mr. Barton Clark, Program Manager, Anacostia 
Waterfront Initiative, District Department of Transportation, 64 New 
York Avenue, NE., Washington, DC 20002; telephone: (202) 671-4696; e-
mail: [email protected]. The District Department of Transportation 
normal business hours are 8:15 a.m. to 4:45 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final action by issuing a Record of Decision for the following highway 
project in the District of Columbia: The project, approximately one 
mile in length, will reconstruct and reconfigure the Interchange 
connecting the Southeast/Southwest Freeway and the Anacostia Freeway 
over the Anacostia River. New ramps east of the Anacostia River would 
link the Anacostia Freeway to the east ends of the 11th Street Bridges 
providing a link to the Freeway that had previously been missing. A 
bridge dedicated to local traffic would be separated from the bridge 
carrying Freeway traffic. The freeway bridge would carry eight lanes of 
traffic while the local bridge would carry four lanes with the 
potential that two of those lanes be designed for future streetcar use. 
The project will maintain the existing alignment. The Federal-aid 
project number is: IM-295-2 (181). The Notice of Intent (NOI) was 
issued in September 2005; the Draft Environmental Impact Statement 
(DEIS) was issued in July 2006; the Final Environmental Impact 
Statement (FEIS) was issued in November 2007; and the Record of 
Decision (ROD) was issued in July 2008. Information about the project 
also is available from the FHWA and the District Department of 
Transportation at the addresses provided above. The DEIS, FEIS, ROD and 
other documents can be viewed and downloaded from the project Web site 
at: http://www.11thstreetbridgeseis.com/reports.asp?DocGroupID=10033.
    This notice applies to other Federal agency final actions taken 
after the issuance date of the FHWA Federal Register notice described 
above. The laws under which actions were taken include, but are 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. Council on Environmental Quality (CEQ) regulations (40 CFR parts 
1500-1508), FHWA Code of Federal Regulations (23 CFR 771.101-771.137, 
et seq.)
    3. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    4. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], 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.]; 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].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].
    8. Wetlands and Water Resources: Safe Drinking Water Act (SDWA), 42 
U.S.C. 300(f)-300(j); TEA-21 Wetlands Mitigation, 23 U.S.C. 
103(b)(6)(m); Land

[[Page 50855]]

and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604.
    9. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    10. 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. 11514, Protection and Enhancement of Environmental 
Quality.

(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 25, 2008.
Mark R. Kehrli,
Division Administrator, District of Columbia.
[FR Doc. E8-19986 Filed 8-27-08; 8:45 am]
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