[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Pages 41278-41279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17223]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Idaho

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 the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, US-95 Garwood to Sagle Environmental Study in 
Bonner and Kootenai Counties in the State of Idaho, FHWA-ID-EIS-06-F 
Federal-Aid project number NH-5110(141), Idaho Transportation 
Department Key Number 9779.

DATES: By this notice, the 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 prior to January 11, 2011. 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 FHWA: Mr. Peter J. Hartman, 
Division Administrator, Federal Highway Administration, 3050 Lake 
Harbor Lane, Suite 126, Boise, Idaho 83703; telephone: (208) 334-9180; 
e-mail: [email protected]. The FHWA Idaho Division Office's normal 
business hours are 7 a.m. to 4:30 p.m. (Mountain Standard Time). For 
ITD: Ms. Sue Sullivan, Environmental Section Manager, Idaho 
Transportation Department, 3311 W. State St., Boise, ID 83703-1129, 
telephone: (208) 334-8203; e-mail: [email protected]. Normal 
business hours are 8 a.m. to 5 p.m. (Mountain Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project in the State of Idaho: US-
95 Garwood to Sagle Environmental Study, in Bonner and Kootenai 
Counties. The project will be

[[Page 41279]]

approximately 31.5 miles long extending from Garwood (MP 438.24) to 
Sagle (MP 469.75) and will upgrade the existing predominantly two-lane 
highway to a fully controlled access, four-lane divided freeway with 
interchanges and frontage roads. The Draft Environmental Impact 
Statement (DEIS), Final Environmental Impact Statement (FEIS), Record 
of Decision (ROD) and published information regarding this project are 
posted and updated on the Idaho Transportation Department (ITD) Web 
site at http://itd.idaho.gov/projects/d1. Select ``U.S. 95, Garwood to 
Sagle Environmental Study.''
    The actions by the FHWA, and the laws under which such actions were 
taken, are described in the FEIS for the project approved on March 26, 
2010. FHWA issued a Record of Decision (ROD) on July 2, 2010. The DEIS, 
FEIS, and other project records are available by contacting the FHWA or 
the Idaho Transportation Department at the addresses 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:
    General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; 
Public Hearing [23 U.S.C. 128]. Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [23 U.S.C. 
139]
    Air and Noise: Clean Air Act [42 U.S.C. 7401-7671(q)]; Intermodal 
Surface Transportation Efficiency Act of 1991, Congestion Mitigation 
and Air Quality Improvement Program (Sec 1008 U.S.C. 149); Noise 
Standards: [23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87)].
    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]; Bald and Golden Eagle 
Protection Act of 1940 [16 U.S.C. 668-668d]
    Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act of 1974 
[16 U.S.C. 469-469(c)].
    Land: Section 4(f) of The Department of Transportation Act: [23 CFR 
774]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]; Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act of 1976 [42 U.S.C. 6901, et seq.]
    Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-
2000(d)(1)]; Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970 [42 U.S.C. 4601 et seq., Pub. L. 91-646] as 
amended by the Uniform Relocation Act Amendments of 1987 (Pub. L. 100-
17).
    Wetlands and Water Resources: Clean Water Act [33 U.S.C.]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]: Compensatory 
Mitigation for Losses of Aquatic Resources 2008 [40 CFR 230].
    Executive Orders: E.O. 11988 Floodplain Management. E.O. 11990 
Protection of Wetlands; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; 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).

Peter J. Hartman,
Division Administrator, FHWA--Idaho Division.
[FR Doc. 2010-17223 Filed 7-14-10; 8:45 am]
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