[Federal Register Volume 73, Number 201 (Thursday, October 16, 2008)]
[Notices]
[Pages 61447-61448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24578]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on a Proposed Highway 
Project in California

AGENCY: Federal Highway Administration (FHWA), U.S. 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(1)(1). These actions relate to a proposed Highway project on these 
actions grants approval for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1)(1). A

[[Page 61448]]

claim seeking judicial review of the Federal agency actions on the 
highway project will be barred unless the claim is filed on or before 
April 14, 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: Cesar Perez, Senior Transportation 
Engineer, Federal Highway Administration, 650 Capitol Mall, 4-
100, Sacramento, CA 95814, weekdays between 7 a.m. and 4 p.m., 
telephone 916-498-5065, [email protected], or Susanne Glasgow, 
Deputy Environmental, 4050 Taylor Street, San Diego, California 92110, 
619-688-6670.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the State Route 11 and Otay Mesa Port of Entry in project 
in the State of California. The Federal Highway Administration (FHWA) 
has selected the Western Alternative for the future State Route (SR-) 
11 Corridor and the associated Western Site for future development of 
the Otay Mesa East Port of Entry (POE) in San Diego County, California. 
The selection of a corridor and site constitute Tier I of the SR-11 and 
Otay Mesa East POE program. This will allow for the following 
decisions/actions: (1) Corridor adoption by the California 
Transportation Commission (CTC); (2) consideration and approval of a 
conditional Presidential Permit for the POE by the U.S. Department of 
State (DOS); (3) facilitation of land use and circulation planning in 
the East Otay Mesa Specific Plan (EOMSP) area by local agencies; (4) 
support of international cooperation efforts to pursue the development 
of a new Otay Mesa East POE, and (5) possible future designation of 
right-of-way (R/W) for each facility. FHWA based its decision on the 
Final Program Environmental Impact Report/Tier I Environmental Impact 
Statement for the program (PEIR/PEIS, August 2008) and its supporting 
studies. With adoption of a Record of Decision (ROD) by FHWA and the 
California Department of Transportation (Caltrans), and the use of the 
PEIR/PEIS and its supporting studies by the General Services 
Administration (GSA) to make its own POE site location NEPA 
determination, these agencies will proceed with identification and 
analysis of design and operational alternatives for SR-11 and the POE, 
and environmental processing of the projects under Tier II, with the 
knowledge that the overall program has been approved.
    Actions by the Federal agencies and the laws under which such 
actions were taken are described in the Final Environmental Assessment 
for the project. The Record of Decision (ROD) was approved on October 
3, 2008. The Final Environmental Impact Statement and other documents 
in the FHWA administrative record file are available by contacting the 
FHWA or the California Department of Transportation at the addresses 
provided above.
    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 42 U.S.C. 7401-7671(q).
    3. 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].
    4. 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].
    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]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]; The 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended.
    6. 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).
    7. 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. I39(1)(1).

    Issued on: October 9, 2008.
Nancy E. Bobb,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E8-24578 Filed 10-15-08; 8:45 am]
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