[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Page 60164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24249]



[[Page 60164]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Shared-Use 
Path in New York State

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, USACE, and 
other Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed Shared-Use Path 
Construction Project: PIN 4760.35 Auburn Trail Extension, Town of 
Victor, Ontario County, New York State. Those actions grant licenses, 
permits, and approvals for the project.

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 before 180 days after publication of 
this notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Jeffrey W. Kolb, 
Division Administrator, Federal Highway Administration, Leo W. O'Brien 
Building, Suite 719, Clinton Avenue and North Pearl Street, Albany, New 
York 12207; telephone: (518) 431-4121; e-mail: [email protected]. 
The FHWA New York Division Office's normal business hours are 7:45 a.m. 
to 4:15 p.m. (eastern time). For New York State Department of 
Transportation, Mr. Robert Traver, Acting Regional Director, 1530 
Jefferson Road, Rochester New York, 14623; telephone: (585) 272-3310. 
For the Town of Victor, Jack Marren, Supervisor, Town of Victor Town 
Hall, 85 East Main Street, New York 14564; telephone: (585) 924-3311.

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 a 
Finding of No Significant Impact (FONSI) for the following trail 
project in the State of New York: PIN 4760.35 Auburn Trail Extension, 
Town of Victor, Ontario County. The project is a portion of the Auburn 
Trail located in the northwest quadrant of the Town of Victor, Ontario 
County with a small portion in the Towns of Perinton and Pittsford, 
Monroe County. The project begins at Main Street in the Hamlet of 
Fischers and extends northerly to Woolston Road in Monroe County for a 
total length including the connection to Powder Mills Park of 2.5 
miles. The project primarily provides for the construction of an 8-foot 
wide Two-Way Shared-Use Path with 2-foot wide graded grass shoulders on 
either side and is further described under Alternative 5 in 
the June 2010 Final Design Report/Environmental Assessment. The 
proposed Shared-Use Path will be built on an old railroad embankment 
currently under permanent easement by the Town of Victor. The actions 
by the Federal Highway Administration, and the laws under which such 
action was taken, are described in the Final Design Report/
Environmental Assessment for the project, approved on July 26, 2010 and 
in the FHWA Finding of No Significant Impact (FONSI) issued on 
September 22, 2010 and published in the Federal Register. The FONSI, 
and other project records are available by contacting the FHWA, the New 
York State Department of Transportation or the Town of Victor at the 
addresses provided above. The FHWA FONSI can be viewed and downloaded 
from the project Web site at http://www.victorny.org or viewed at 
public libraries in the project area.
    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]; 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: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. 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 [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. 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].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 
U.S.C. 401-406]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; 
Emergency Wetlands Resources Act, [16 U.S.C. 3921, 3931]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. 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 
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. Sec.  139(l)(1)

    Issued on: September 22, 2010.
Jeffery W. Kolb,
New York Division Administrator, Albany.
[FR Doc. 2010-24249 Filed 9-28-10; 8:45 am]
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