[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Notices]
[Page 16256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8073]


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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 and the United States Fish and Wildlife Service (USFWS).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans and USFWS that are final within the 
meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project (US 101) and local road extension (Union Valley 
Parkway), in the community of Orcutt and City of Santa Maria in the 
County of Santa Barbara, 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 October 
6, 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: For Caltrans: Matt Fowler, Chief, 
Environmental Branch, Caltrans, 50 Higuera Street, San Luis Obispo, CA 
93401 Monday through Friday 8 a.m. to 5 p.m. (805) 542-4603 or [email protected]. For USFWS: Steve Kirkland, USFWS, 2493 Portola 
Road, Suite B, Ventura, CA 93003 Monday through Friday 7:30 a.m. to 4 
p.m. (805) 644-1766 or [email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (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 the 
Caltrans and USFWS have 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 
the County of Santa Barbara in the community of Orcutt. The project 
includes the extension of Union Valley Parkway west over a 1.6-mile 
segment between Hummel Drive on the east and Blosser Road on the west, 
and the extension of Union Valley Parkway east to intersect with 
Highway 101 by constructing an overcrossing with north- and southbound 
freeway ramps. Construction of the interchange portion of the project 
will occur between Post Mile 83.1 and 83.9 on Highway 101. The project 
purpose is to provide a major arterial and improved access to Highway 
101 for the movement of people and goods through the Santa Maria-Orcutt 
area. The actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the Environmental Assessment/
Finding of No Significant Impact (EA/FONSI) for the project, approved 
on March 5, 2009 and in other documents in the FHWA project records. 
The EA/FONSI and other project records are available by contacting 
Caltrans at the addresses provided above. The Caltrans EA/FONSI can be 
viewed and downloaded from the project web site at http://www.dot.ca.gov/dist05/projects/sb_uvp/index.html, or viewed at public 
libraries in the project area. The USFWS decision and Section 7 
Consultation are available by contacting USFWS at the address provided 
above. 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 [23 U.S.C. 109].
    2. Air: Clean Air Act 42 U.S.C. 7401-7671(q).
    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [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]; U.S. Department of Transportation Act of 1966 [49 
U.S.C. 303 Section 4(f)].
    5. 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]; The 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended.
    6. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
    7. Physical Environment: Clean Water Act [33 U.S.C. 1344]
    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: April 3, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-8073 Filed 4-8-09; 8:45 am]
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