[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2152-2153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-566]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

-----------------------------------------------------------------------

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 the 
proposed Layton Interchange project in Davis County in the State of 
Utah. Those actions grant approvals for the highway 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 FHWA actions on the highway project will be barred unless the 
claim is filed on or before July 13, 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. Edward Woolford, Project Manager, 
Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt 
Lake

[[Page 2153]]

City, Utah 84118; telephone: (801) 963-0182; e-mail: 
[email protected]. The FHWA Utah Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You 
may also contact Mr. Charles Mace, Utah Department of Transportation, 
166 West Southwell Street, Ogden, Utah 84404-4194; telephone: (801) 
620-1685.


SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Utah:
    Layton Interchange on Interstate 15 in Davis County, Utah. The 
project will include a new full interchange over Interstate 15 at 
milepost 330; a grade separated railroad overpass over the 
Union Pacific Railroad as part of the new interchange; a new five lane 
roadway from Fort Lane to Flint Street (750 South connection); removing 
the existing partial South Layton Interchange; and removing the 
existing at-grade railroad crossing at 900 South. The actions by the 
FHWA, and the laws under which such actions were taken, are described 
in the Final Environmental Impact Statement (FEIS) for the project, 
approved on September 24, 2008, in the FHWA Record of Decision (ROD) 
issued on December 24, 2008, and in other documents in the FHWA project 
files. The FEIS, ROD, and other project records are available by 
contacting the FHWA or the Utah Department of Transportation at the 
addresses provided above. The FHWA FEIS and ROD can be viewed and 
downloaded from the project Web site at http://www.udot.utah.gov/laytoninterchange/ or viewed at public libraries in the project area.
    This notice applies to all FHWA decisions as of the issuance date 
of this notice and all laws under which such actions were taken. Laws 
generally applicable to such actions 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. Air: Clean Air Act, 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];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    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.]; 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].
    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 (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287; 
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; 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. 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: January 5, 2009.
Bryan Cawley,
Acting Division Administrator, Salt Lake City.
[FR Doc. E9-566 Filed 1-13-09; 8:45 am]
BILLING CODE 4910-RY-P