[Federal Register Volume 74, Number 151 (Friday, August 7, 2009)]
[Notices]
[Pages 39729-39730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18938]


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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 USC 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, 
the State Route 99 project, Tulare to Goshen Six-Lane Project between 
post miles 30.6 to 41.3 in Tulare County, 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 February 
3, 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: For Caltrans: Sarah Gassner, Chief, 
Southern Sierra Environmental Branch, Caltrans, 2015 East Shields 
Avenue, Suite 100, Fresno, California 93726 Monday through Friday 8 
a.m. to 5 p.m. (559) 243-8243 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 has 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 Tulare to Goshen Six-Lane 
Project would alleviate traffic congestion and delays, improve safety 
and operations, and attain an acceptable Level of Service to meet the 
existing and projected traffic volumes within the project limits. The 
10.7-mile project is located on State Route 99 between the community of 
Goshen and the City of Tulare in Tulare County, California.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA)/
Finding of No Significant Impact (FONSI) for the project, approved on 
October 30, 2008. The EA/FONSI and other documents are available by 
contacting Caltrans at the addresses provided above. The Caltrnas EA/
FONSI can be viewed and downloaded from the project Web site at: http://www.dot.ca.gov/dist6/environmental/envdocs/d6/sr99_tularegoshen6lane.pdf.
    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]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 
128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 
319].
    4. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 
133(b)(11)].
    5. 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)]; and Migratory Bird Treaty Act [16 U.S.C. 703-712].
    6. 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 and Historic Preservation Act [16 U.S.C. 469-
469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa 
et seq.]; and Native American Graves Protection and Repatriation Act 
[25 U.S.C. 3001-3013].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-
4209]; and The Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970, as amended.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986; and 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 the Cultural

[[Page 39730]]

Environment; 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; and 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: August 3, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-18938 Filed 8-6-09; 8:45 am]
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