[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Page 11988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6091]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Route 58--Martin 
Luther King Freeway Extension in Virginia

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 the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
Route 58--Martin Luther King Freeway Extension in the City of 
Portsmouth, Virginia. 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 16, 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. John Simkins, Senior Environmental 
Specialist, Federal Highway Administration, 400 North 8th Street, 
Richmond, Virginia 23219; telephone: (804) 775-3342; e-mail: 
[email protected]. The FHWA Virginia Division Office's normal 
business hours are 7 a.m. to 5 p.m. (eastern time). For the Virginia 
Department of Transportation: Mr. Nicholas Nies, Virginia Department of 
Transportation, 1401 East Broad Street, Richmond, Virginia 23219; 
telephone: (804) 786-1092; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Virginia: Route 58--Martin Luther King Freeway Extension. 
The project would involve construction of a four-lane highway 
connecting Interstate 264 with existing Martin Luther King Freeway at 
London Boulevard. This direct connection would reduce through traffic 
and related congestion on local streets. The actions taken by FHWA, and 
the laws under which such actions were taken, are described in the 
Revised Environmental Assessment, the Finding of No Significant Impact 
(FONSI) that was issued on February 26, 2009, and in other documents in 
the FHWA project records. The Revised Environmental Assessment, FONSI, 
and other project records are available by contacting FWHA or VDOT at 
the addresses provided above. The Revised Environmental Assessment and 
FONSI can also be viewed on the Internet at http://www.midtowntunnel.org under ``Document Library,'' or at VDOT's offices.
    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 (FAHA) [23 U.S.C. 109 and 23 U.S.C. 
128].
    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)--470(ll)]; Archeological 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].
    7. Executive Orders: E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 13007, Indian Sacred Sites.

(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: March 16, 2009.
John Simkins,
Senior Environmental Specialist.
[FR Doc. E9-6091 Filed 3-19-09; 8:45 am]
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