[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66196-66197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29636]


-----------------------------------------------------------------------

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 U.S.C. 327, and other Federal agencies, such as U.S. Army Corps of 
Engineers (USACE) that are using this NEPA document in its 
decisionmaking.

-----------------------------------------------------------------------

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, and applicable Federal agencies 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to a proposed highway project, State Route 152, Los Banos Bypass 
Project postmiles 16.0 to 24.8 in Merced 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 June 14, 
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: Gail Miller; Acting 
Environmental Office Chief; Central Region Environmental North Office, 
2015 E. Shields Ave, Fresno, CA 93726; 8 a.m.-5 p.m., 559-243-8274, 
[email protected].

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and 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) approving 
the following highway project in the State of California: The Los Banos 
Bypass Project would build a four-lane freeway within an ultimate six-
lane right-of-way. Alternative 3M, the chosen alternative, would 
proceed northeast from a western interchange and cross Badger Flat 
Road. The alignment would range from approximately 2,055 to 3,266 feet 
south of Henry Miller Road. The alignment would then dip southeast to 
run between the San Luis and Santa Fe canals. An interchange is 
proposed near

[[Page 66197]]

Santa Fe Grade Road post mile 23.5, where the bypass would connect with 
the existing State Route 152. The actions by the Federal agencies, and 
the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS) for the project, approved 
on June 25, 2007, in the FHWA Record of Decision (ROD) issued on 
September 14, 2009 and in other documents in the FHWA project records. 
The FEIS, ROD, and other project records are available by contacting 
Caltrans at the address provided above.
    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. 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].
    4. 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].
    5. 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.
    6. 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 
Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve 
America; 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; and E.O. 13112 Invasive Species.
    7. 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)].
    8. AB 32 sets the same overall greenhouse gas emissions reduction 
goals while further mandating that the California Air Resources Board 
create a plan, which includes market mechanisms, and implement rules to 
achieve ``real, quantifiable, cost-effective reductions of greenhouse 
gases.''
    9. Executive Order S-20-06 directs state agencies to begin 
implementing AB 32, including the recommendations made by the state's 
Climate Action Team.

(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: December 8, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. E9-29636 Filed 12-11-09; 8:45 am]
BILLING CODE 4910-RY-P