[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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