[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Pages 35906-35907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17257]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[4910-RY]


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.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans that are final within the meaning of 
23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, 
State Route-39 (SR-39, San Gabriel Canyon Road) Rehabilitation/
Reopening Project [post mile 40.0-44.4] in the Angeles National Forest, 
County of Los Angeles, 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 January 
19, 2010. 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: Eduardo Aguilar, Branch Chief/Senior 
Environmental Planner, Caltrans, District 7, Division of Environmental 
Planning, 100 South Main Street, Suite 100, Los Angeles, CA 90012-3712, 
(213) 897-8492, [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, 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 California Department 
of Transportation (Caltrans) proposes to rehabilitate and reopen a 4.4 
mile segment of State Route-39 (SR-39) from post mile 40.00 to post 
mile 44.40, in the Angeles National Forest, in Los Angeles County. The 
said segment has been closed to public highway traffic since 1978 as 
the roadway had sustained extensive damage as a result of erosion 
dating from 1978 to 2005. Since 1990, the Caltrans Division of 
Maintenance has rebuilt the roadway at Snow Spring, making it 
traversable throughout the length of the project area. Maintenance 
activities also included the rebuilding of the roadway at Snow Spring 
to make it traversable throughout the length of the project area, the 
cleaning of drainage culverts, and the erection of a dirt berm. These 
past improvements have made the roadway passable, but it is constricted 
as it approaches its northerly terminus, and open only to emergency 
service vehicles.
    The rehabilitation and reopening of this segment is important in 
the enhancement of access and services, and a reduction in response 
times for the United States Forest Service (USFS), the Los Angeles 
County Sheriff's Department, and other emergency service agencies in 
fire suppression, the protection of several watersheds, and search and 
rescue activities. The proposed project would also restore a vital 
traffic circulation connection between points north on State Route-2 
(Angeles Crest Highway, or SR-2) and points south in the San Gabriel 
Valley along Interstate-210 (Foothill Freeway, or I-210). The proposed 
project would improve access for patrons of the numerous recreation 
areas within the Angeles National Forest, and provide as an economic 
benefit to the associated parks and businesses. The restored connection 
would be accessible to public highway traffic throughout the year, with 
seasonal closures during times of inclement weather. These closures 
would likely occur during the winter and early spring seasons.
    A public meeting was held on regarding the proposed project on 
Tuesday, February 24, 2009 from 6 p.m. to 8:30 p.m at the Azusa Senior 
Center in Azusa, California. The actions by the Federal agencies, and 
the laws under which such actions were taken, are described in the 
Finding of No Significant Impact (FONSI) for the project, approved on 
May 27, 2009. The FONSI and other project records are available for 
review by contacting Caltrans at the addresses provided above. The 
Caltrans FONSI can be viewed and downloaded from the Caltrans District 
7 environmental document Web site at http://www.dot.ca.gov/dist07/resources/envdocs/.

    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:
--General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-
4351]; Federal Aid-Highway Act [23 U.S.C. 109].
--Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 219].
--Air: Clean Air Act 42 U.S.C. 7401-7671(q).
--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].
--Section 4(f) of the U.S. Department of Transportation Act of 1966 [49 
U.S.C. 303].
--Historic and Cultural Resources: Section 106 of the National Historic 
Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11]; 
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)]; 
Native American Grave Protection and Repatriation Act (NAGPRA) [25 
U.S.C. 3001-3013].
--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 Act and Real Property Acquisition Policies Act of 
1970, as amended.
--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).
--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

[[Page 35907]]

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: July 14, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-17257 Filed 7-20-09; 8:45 am]
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