[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14839-14840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7278]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans and other Federal agencies that are 
final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to 
a proposed highway project, State Route 76 (SR-76) from Melrose Drive 
in Oceanside to South Mission Avenue in Bonsall [KP 11.7/21.1 (PM 7.3/
13.1)] in the county of San Diego, State of California. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 
28, 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 the shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Susanne Glasgow, Deputy District 
Director, Division of Environmental Analysis, California Department of 
Transportation, 4050 Taylor Street, San Diego, CA 92110, Regular Office 
Hours 8 a.m. to 5 p.m., Telephone number 619-688-0100, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and the California Department of Transportation (Caltrans) assumed, 
environmental responsibilities for this project pursuant to 23 U.S.C. 
327. Notice is hereby given that Caltrans 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 
California: The project is located in northern San Diego County on SR-
76 from Melrose Drive in the City of Oceanside, to South Mission Road 
in the unincorporated community of Bonsall, covering a distance of 
approximately 9.4-kilometers (5.8-miles). The project would construct 
SR-76 as a four-lane conventional highway

[[Page 14840]]

with right-of-way and grading to accommodate future widening, if 
justified. The project would require channelization lanes in some 
locations and would be constructed to accommodate six-lanes in response 
to the channelization need. The Existing Alignment Alternative has been 
selected as the Preferred Alternative and the Least Environmentally 
Damaging Practicable Alternative (LEDPA). The FHWA project reference 
number is FHWA-CA-EIS-07-01-F. The actions by the Federal agencies, and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS) for the project, approved 
on November 26, 2008, in the FHWA Record of Decision (ROD) issued on 
March 3, 2009, and in other documents in the FHWA project records. The 
FEIS, ROD, and other project records are available by contacting 
Caltrans at the addresses provided above. The Caltrans FEIS and ROD can 
be viewed and downloaded from the project Web site at http://www.keepsandiegomoving.com/sr-76.html. Pending federal actions include:
     401 Water Quality Certification from the Regional Water 
Quality Control Board, under Section 401 of the Clean Water Act.
     404 Permit pursuant to the Memorandum of Understanding 
Among the FHWA; Caltrans, USACE, U.S. Fish and Wildlife Service and the 
National Marine Fisheries Service for the National Environmental Policy 
Act and the Clean Water Act Section 404 Integration Process for Federal 
Aid Surface Transportation Projects in California (NEPA/404 MOU).
    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. Council on Environmental Quality regulations;
    2. National Environmental Policy Act (NEPA);
    3. Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU);
    4. Department of Transportation Act of 1966;
    5. Federal Aid Highway Act of 1970;
    6. Clean Air Act Amendments of 1990;
    7. Clean Water Act of 1977 and 1987;
    8. Endangered Species Act of 1973;
    9. Migratory Bird Treaty Act;
    10. Farmland Protection Policy Act of 1981;
    11. Title VI of the Civil Rights Act of 1964;
    12. Uniform Relocation Assistance and Real Property Acquisition Act 
of 1970;
    13. National Historic Preservation Act of 1966;
    14. Historic Sites Act of 1935;
    15. Executive Order 11990, Protection of Wetlands;
    16. Executive Order 13112, Invasive Species;
    17. Executive Order 11988, Floodplain Management; and,
    18. Executive Order 12898, Environmental Justice.

(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 25, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-7278 Filed 3-31-09; 8:45 am]
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