[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Page 15575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7610]


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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/NE 195th to SR 527 Northbound 
Auxiliary Lane Project in the City of Bothell, King and Snohomish 
Counties, 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 October 5, 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: Pete Jilek, Urban Area Engineer, 
Federal Highway Administration, 711 S. Capitol Way 501, 
Olympia, WA 98501; telephone: (360) 753-9550; 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, WA 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/NE 195th Street to SR 527 Northbound Auxiliary 
Lane Project. The Project will construct a northbound auxiliary lane 
for approximately 1.8 miles along I-405 (milepost 24.6 to milepost 
26.4) from NE 195th Street north to SR 527. As part of the Project, 
WSDOT will also be constructing associated stormwater treatment and a 
noise wall. In addition, the Project includes other elements that are 
typical for urban interstate widening projects such as retaining walls, 
barriers, guardrails, pavement markings, roadway signs, intelligent 
transportation systems, and illumination systems.
    These actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the March 2009 Environmental 
Classification Summary (ECS) and in other documents in the FHWA 
administrative record, which support FHWA's determination that this 
project qualifies as a Documented Categorical Exclusion. The ECS and 
other documents in the FHWA administrative record are available by 
contacting FHWA or WSDOT at the addresses provided above. The FHWA 
Federal Aid number is ARRA-4053(859).
    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 [Pub. L. 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).

Peter A. Jilek,
Urban Area Engineer, Olympia, Washington.
 [FR Doc. E9-7610 Filed 4-3-09; 8:45 am]
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