[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Notices]
[Pages 42161-42162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17964]


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

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.

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

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, and USACE that are final within the 
meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project at the Genesee Avenue Interchange on Interstate 5 (I-5) 
in the City and County of San Diego, 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 January 
14, 2012. 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: Bruce L. April, Deputy District 
Director--Environmental, Caltrans District 11, 4050 Taylor Street, MS 
242, San Diego, CA 92110. Regular Office Hours: 8 am to 5 pm. 
Telephone: (619) 688-0100 Email: [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 
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 I-5/Genesee Avenue Interchange 
(IC) Reconstruction Project. This project would include replacement of 
the Genesee Avenue Overcrossing (OC) with a new OC that would be wider 
to accommodate additional lanes to relieve a ``bottleneck'' on Genesee 
and to improve pedestrian and bicycle access, and would be longer and 
higher to accommodate possible future widening of I-5; widening of IC 
ramps; widening of ramps at Sorrento Valley Road (the next IC to 
north); construction of auxiliary lanes; replacement of Voigt Drive OC 
(the next OC to south); realignment of a portion of nearby Gilman 
Drive; installation of new ramp meters; and, construction of a bicycle 
path along I-5. The project is located in the City and County of San 
Diego and project length along I-5 is a total of approximately three 
(3) kilometers [two (2) miles]. The actions by the Federal agencies, 
and the laws under which such actions were taken, are described in the 
Environmental Assessment (EA) with Finding of No Significant Impact 
(FONSI) for the project, approved on June 29, 2011, and in other 
documents in the FHWA project records. The EA, FONSI, and other project 
records are available by contacting Caltrans at the address provided 
above. The Caltrans EA and FONSI can be viewed and downloaded from the 
project web site at http://www.dot.ca.gov/dist11/envir.htm.
    Pending Federal actions include:
    1. Section 401 Water Quality Certification from the San Diego 
Regional Water Quality Control Board (RWQCB), under Section 401 of the 
Clean Water Act.
    2. Section 404 Permit pursuant to the Memorandum of Understanding 
among FHWA; Caltrans; U.S. Army, Corps of Engineers (USACE); U.S. Fish 
and Wildlife Service (USFWS) and the National Marine Fisheries Service 
for the National Environmental Policy Act (NEPA) and the Clean Water 
Act, Section 404 Integration Process for Federal Aid Surface 
Transportation Projects in California (NEPA/404 MOU).
    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. Council on Environmental Quality Regulations
2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 et seq.
3. Federal-Aid Highway Act of 1970, 23 U.S.C 109
4. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU), Public Law 109-59
5. Clean Air Act Amendments of 1990 (CAAA)
6. Clean Water Act of 1977 and 1987
7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 
1977 & 1987)
8. Federal Land Policy and Management Act of 1976 (Paleontological 
Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944, as amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 13112, Invasive Species
14. Executive Order 13186, Migratory Birds
15. Fish and Wildlife Coordination Act of 1934, as amended
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 
1006-1007
18. Wildflowers, Surface Transportation and Uniform Relocation Act of 
1987 Section 130
19. Coastal Zone Management Act of 1972
20. Coastal Zone Management Act Reauthorization Amendments of 1990
21. Executive Order 11988, Floodplain Management
22. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of 1964, as amended

[[Page 42162]]

25. Act for the Preservation of American Antiquities (1906)
26. Archaeological and Historical Preservation Act of 1974
27. Archeological Resources Protection Act of 1979
28. National Historic Preservation Act of 1966, as amended (Section 
106)
29. Native American Graves Protection and Repatriation Act of 1990
30. 23 CFR 771: Environmental Impact and Related Procedures
31. NEPA/404 Integration MOU (2006)
32. Director's Title VI Statement

(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: July 12, 2011.
Manuel E. S[aacute]nchez,
Senior Transportation Engineer/Border Engineer, Federal Highway 
Administration, San Diego, California.
[FR Doc. 2011-17964 Filed 7-15-11; 8:45 am]
BILLING CODE 4910-RY-P