[Federal Register Volume 74, Number 101 (Thursday, May 28, 2009)]
[Notices]
[Pages 25609-25610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12386]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Highway in 
Washington

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation of claims for judicial review of actions 
by FHWA.

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SUMMARY: This notice announces action taken by the FHWA that is final 
within the meaning of 23 U.S.C. 139(l)(1). This notice announces the 
availability of a Record of Decision (ROD) by FHWA pursuant to the 
requirements of the National Environmental Protection Policy Act of 
1969 (NEPA), 42 U.S.C. 4321, as amended and the Council on 
Environmental Quality Regulations (40 CFR Parts 1500-1508). This action 
relates to a proposed project in King County Washington, the SE 
Issaquah Bypass Project.

DATES: By this notice, the FHWA is advising the public of a final 
agency action subject to 23 U.S.C. 771 and 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 
24, 2009. If the Federal law that authorizes that 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 FHWA: Ms. Sharon P. Love, 
Environmental Program Manager, Federal Highway Administration 
Washington Division, 711 S. Capitol Way Suite 501, Olympia, WA 98501; 
phone: (360) 753-9558; fax: (360) 753-9889; and e-mail: 
[email protected]. For the City of Issaquah: Mr. Bob Brock, PO Box 
1307, Issaquah, WA 98027-1307; phone: (425) 837-3405; and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing a 
Record of Decision (ROD) for the following highway project in the State 
of Washington: SE Issaquah Bypass, City of Issaquah, and King County. 
The Selected alternative is the no-build alternative.
    The final environmental impact statement (FEIS) for the project was 
released January 4, 2008. At the time the FEIS was published, the 
Federal Highway Administration (FHWA), the Washington State Department 
of Transportation (WSDOT), and the city of Issaquah identified selected 
Modified Alternative 5 as the preferred course of action for building a 
new 1.9-kilometer (1.1-mile) four-lane principal arterial between 
Interstate 90 (I-90) and Front Street South in Issaquah, Washington. 
The proposed new arterial is commonly referred to as the Southeast 
Issaquah Bypass.
    The Issaquah City Council passed a motion on February 4, 2008, 
Agenda Bill 5562, stating the ``Issaquah City Council recommends that 
the Southeast Issaquah Bypass Alternative 7, the No-Action Alternative, 
be selected for the Record of Decision.''
    Out of seven alternatives considered in the final EIS (including 
the no-action alternative), Modified Alternative 5 was determined to be 
the most desirable in terms of balancing social and economic impacts, 
impacts on the natural environment, transportation system performance, 
and cost. While FHWA supported the preferred alternative identified in 
the FEIS, it selected the No-Build alternative in the ROD due to the 
City Council's decision.
    The actions by FHWA, and the laws under which the action was taken, 
are described in the Final Environmental Impact Statement for the 
project approved on January 4, 2008, in the FHWA Record of Decision 
(ROD) issued on January 26, 2009, and in other project records. The 
FEIS, ROD, and other documents in the FHWA project

[[Page 25610]]

file are available by contacting the FHWA or the City of Issaquah at 
the addresses provided above. The FHWA ROD can be viewed and downloaded 
at http://www.ci.issaquah.wa.us/Files/Final_ROD_SEIssaquahBypass.pdf 
.
    This notice applies to all Federal agency decisions on the listed 
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 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].
    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)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)].
    6. Social and Economics: Civil Rights Act of 1964 [42 U.S.C 
2000(d)-2000(d)(1)]; American Indians Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies 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 [14 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 [42 U.S.C. 401-406]; TEA-21 Wetland 
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. 9501-9675]; 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, Floodplains Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority and Low Income Populations; E.O. 
11593, Protection and Enhancement of Cultural Resources; E.O. 13007, 
Indian Sacred Sites; E.O. 13112, Invasive Species; E.O. 13274, 
Environmental Stewardship and Transportation Infrastructure Project 
Reviews.

(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 21, 2009.
Sharon P. Love,
Environmental Program Manager, Olympia Washington.
[FR Doc. E9-12386 Filed 5-27-09; 8:45 am]
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