[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11627-11628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5806]


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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.

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SUMMARY: This notice announces actions taken by FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, the SR 99 S. Holgate Street to S. King Street 
Viaduct Replacement Project, in the State of Washington. Those actions 
grant licenses, permits, and 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 on the highway project will be barred 
unless the claim is filed on or before September 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: Sharon Love, Environmental Program 
Manager, Federal Highway Administration, 711 S. Capitol Way, Suite 501, 
Olympia, Washington, 98501; telephone: (360) 753-9558; and e-mail: 
[email protected]. The FHWA Washington Division's Environmental 
Manager's regular office hours are between 8 a.m. and 4:30 p.m. 
(Pacific Time). You may also contact Angela Freudenstein, Environmental 
Manager, 999 Third Ave., Suite 2424, Seattle, WA 98104; telephone: 206-
382-5230; and e-mail: [email protected]. The SR 99 Project's regular 
office hours are between 8 a.m. and 5 p.m. (Pacific Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions by issuing licenses, permits, and approvals for 
the following highway project: SR 99 S. Holgate Street to S. King 
Street Viaduct Replacement Project. The purpose of the project is to 
replace the seismically vulnerable SR 99 mainline with a seismically 
sound facility between approximately S. Holgate Street and S. King 
Street. The new SR 99 facility would maintain or improve access to, 
from, and across SR 99 for general purpose vehicles, transit, and 
freight. The project is located in the south downtown (SODO) area of 
Seattle, King County.
    The actions by FHWA on this project, and the laws under which such 
actions were taken, are described in the June 2008 Environmental 
Assessment (EA), February 2009 Finding of No Significant Impact 
(FONSI), and in other documents in the FHWA administrative record for 
the project. The EA, FONSI and other documents in the FHWA 
administrative record are available by contacting FHWA or the 
Washington State Department of Transportation at the addresses provided 
above.
    The EA and FONSI can be viewed and downloaded from the project Web 
site at www.alaskanwayviaduct.org or viewed at the Seattle Public 
Library as well as local neighborhood service centers in the project 
area. 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

[[Page 11628]]

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: EO. 11990 Protection of Wetlands; EO. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; EO. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred sites; E.O.13287 Preserve America; 
EO. 13175 Consultation and Coordination with Indian Tribal Governments; 
E.O. 11514 Protection and Enhancement of Environmental Quality; EO. 
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).

Sharon Love,
Environmental Program Manager, Olympia, Washington.
[FR Doc. E9-5806 Filed 3-17-09; 8:45 am]
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