[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78867-78868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30479]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Washington

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 FHWA and other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to the proposed I-405, SR 169 to I-90, Renton to 
Bellevue Project (the Project) located in Renton, Newcastle, Bellevue 
and King County in the State of Washington. These actions grant 
licenses, permits, and approvals for the Project.

DATES: By this notice, 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 any of the listed highway projects 
will be barred unless the claim is filed on or before June 22, 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: Peter A. Jilek, Urban Area Engineer, 
Federal Highway Administration, 711 S. Capitol Way 501, 
Olympia, Washington, 98501; telephone: (360) 753-9480; and e-mail: 
[email protected]. The FHWA Washington Division's Urban Area 
Engineer's regular office hours are between 7 a.m. and 4 p.m. (Pacific 
Time). You may also contact William Jordan, I-405 Environmental 
Manager, Washington State Department of Transportation, 600-108th 
Avenue NE., Suite 405, Bellevue, Washington 98004; telephone: (425) 
456-8547; and e-mail: [email protected]. The I-405 
Corridor Program's regular office hours are between 8 a.m. and 5 p.m. 
(Pacific Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Washington: I-405, SR 169 to I-90, Renton to Bellevue Project. The 
Project extends approximately eight miles along I-405 (milepost 3.8 to 
milepost 11.9) from SR 169 north to the northern on- and off-ramps of 
the I-90 interchange. The Project includes two new southbound general-
purpose (GP) lanes on I-405 throughout the project length; two new 
northbound GP lanes from SR 169 to 112th Avenue SE, with one new GP 
lane continuing north to I-90; a new auxiliary lane from 112th Avenue 
SE to Coal Creek Parkway; realignment of eight interchanges; a new in-
line bus rapid transit station near 112th Avenue SE; a new high-
occupancy vehicle direct-access ramp at N 8th Street; changes to 
several local roadways; and stormwater management facilities.
    These actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the March 2006 Environmental 
Assessment (EA) and in the November 20, 2008 Finding of No Significant 
Impact (FONSI) and Programmatic Section 4(f) Evaluation, and in other 
documents in the FHWA administrative record. The EA, FONSI, and other 
documents in the FHWA administrative record are available by contacting 
FHWA or WSDOT at the addresses provided above. The EA can be viewed and 
downloaded from the project Web site at: http://www.wsdot.wa.gov/projects/i405/rentontobellevue or viewed at public libraries in the 
project area. Since Federal funding is not currently available for this 
project, an FHWA project number has not been established.
    This notice applies to all Federal agency decisions on the project 
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 [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. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson 
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 
1801 et seq.].
    5. 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].
    6. 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 [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management 
Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300(j)(6)]; 
Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability 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)].
    9. 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).


[[Page 78868]]


    Issued on: December 17, 2008.
Peter A. Jilek,
Urban Area Engineer, Olympia, Washington.
 [FR Doc. E8-30479 Filed 12-22-08; 8:45 am]
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