[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Notices]
[Page 29737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14674]


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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.

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SUMMARY: This notice announces actions taken by FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, the SR 520 Variable Tolling Project, in the 
State of Washington. Those 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 the highway project will be barred 
unless the claim is filed on or before December 21, 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, Suite 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 6 a.m. and 3:30 p.m. (Pacific Time). You may also 
contact Paul Krueger, Project Environmental Manager, WSDOT Urban 
Corridors Office, 401 2nd Avenue South, Suite 300, Seattle, WA 98104; 
telephone: 206-716-1135; and e-mail: [email protected]. The WSDOT 
Urban Corridors Office regular office hours are between 8 a.m. and 5 
p.m. (Pacific Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions by issuing licenses, permits, and approvals for 
the following highway project: SR 520 Variable Tolling Project. The 
purpose of the project is to reduce congestion on SR 520 between I-5 
and I-405 by implementing tolling, meeting the requirements of the Lake 
Washington Urban Partnership Agreement with USDOT, and raising revenue 
for future transportation improvements on SR 520. The project is 
located on the eastern shore of Lake Washington in Medina, King County.
    The actions by FHWA on this project, and the laws under which such 
actions were taken, are described in the March 2009 Environmental 
Assessment (EA), June 2009 Finding of No Significant Impact (FONSI), 
and in other documents in the FHWA administrative record for the 
project. The EA, FONSI, and other documents in the FHWA administrative 
record are available by contacting FHWA or the Washington State 
Department of Transportation at the addresses provided above.
    The EA and FONSI can be viewed and downloaded from the project Web 
site at http://www.wsdot.wa.gov/Projects/LkWaMgt/. Copies are also 
available for review through the Seattle Public Library and King County 
Library System.
    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).

    Issued on June 17, 2009.
Peter A. Jilek, P.E.,
Urban Area Engineer, Olympia, Washington.
[FR Doc. E9-14674 Filed 6-22-09; 8:45 am]
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