[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23773-23774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11713]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways 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 the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, the Mercer Corridor Improvements Project, 
located in the city of Seattle, King County, 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 November 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: Brian Hasselbach, Area Engineer, 
Federal Highway Administration--Washington Division, 711 South Capitol 
Way, Suite 501, Olympia, WA 98501. Office hours are 8 a.m. to 4 p.m. 
(Pacific Time), (360) 753-9411, [email protected]. You may also 
contact Angela Brady, Project Manager, Seattle Department of 
Transportation (SDOT), P.O. Box 34996, Seattle, WA 98124; telephone: 
206-684-3115; and e-mail: [email protected]. SDOT's regular 
office hours are between 8 a.m. and 5 p.m. (Pacific Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions by issuing a Finding of No Significant 
Impacts (FONSI) for the Mercer Corridor Improvements Project. The 
purpose of the project is to provide vehicular and pedestrian 
improvements to the Mercer Street corridor between Interstate 5 (I-5) 
on and off ramps and Dexter Avenue North. The project is located in the 
South Lake Union neighborhood of Seattle, King County, Washington.
    The actions by FHWA on this project, and the laws under which such 
actions were taken, are described in the December 2008 Environmental 
Assessment (EA); the May 2009 FONSI; and in other documents in the 
FHWA's administrative record for the project. The EA, FONSI, and other 
documents in the FHWA administrative record are available by contacting 
FHWA or the Seattle Department of Transportation at the addresses 
provided previously.
    The EA and FONSI can be viewed and downloaded from the project Web 
site at http://www.seattle.gov/Transportation/ppmp_mercer.htm or 
viewed at the Seattle Public Library, as well as local neighborhood 
service centers within 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 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].

[[Page 23774]]

    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).

    Issued on: May 14, 2009.
Brian Hasselbach,
Area Engineer, Olympia, Washington.
[FR Doc. E9-11713 Filed 5-19-09; 8:45 am]
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