[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45649-45650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19199]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on I-5: Fern Valley 
Interchange Project: Jackson County, OR

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitations on claims for judicial review of actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA, National 
Marine Fisheries Service (NMFS) and other Federal agencies that are 
final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to 
a proposed highway project, I-5: Fern Valley Interchange in Jackson 
County, Oregon. This action grants approval 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 January 25, 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: Michelle Eraut, Environmental Program 
Manager, Federal Highway Administration, 530 Center Street, NE., Suite 
420, Salem, Oregon 97301, Telephone: (503) 316-2559. The I-5: Fern 
Valley Interchange Environmental Assessment (EA) and other project 
records are available upon written request from the Federal Highway 
Administration at the address shown above. Comments or questions 
concerning this proposed action and the I-5: Fern Valley Interchange 
should be directed to the FHWA at the address provided above.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing 
approval for the following highway project in the State of Oregon: I-5: 
Fern Valley Interchange. The project will replace the existing 
interchange at Fern Valley with a crossing-diamond type interchange to 
improve safety and increase capacity. To the west of I-5, the existing 
bridge over Bear Creek will be replaced by a longer wider structure and 
continuing west, Fern Valley Road will be widened two lanes and the 
OR99/Fern Valley intersection will be improved. East of the 
interchange, North Phoenix Road will be realigned and South Phoenix 
Road will be extended to meet at a new intersection to the north where 
Grove Way, Extended South Phoenix Road and North Phoenix Road meet. The 
actions by the Federal agencies and the laws under which such actions 
were taken are described in the October 18, 2010, Environmental 
Assessment for the project and in the FHWA Finding of No Significant 
Impact (FONSI) issued on June 30, 2011 and in other documents in the 
FHWA project records. The EA, FONSI and other project records are 
available by contacting the FHWA at the address provided above. The 
FHWA EA and FONSI can be viewed and downloaded from the project Web 
site at http://www.oregon.gov/ODOT/HWY/REGION3/fvi_index.shtml. 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. 
4321-4347]; 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 [23 U.S.C. 1536 and 49 U.S.C. 303]; Section 6(f) of the Land and 
Water Conservation Fund Act (LWCF) [16 U.S.C. 460(l)-8f]; Landscaping 
and Scenic Enhancement (Wildflowers) [23 U.S.C. 319].
    4. Wildlife: Section 7 of the Endangered Species Act [16 U.S.C. 
1536]; 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. 470f]; 
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)].
    6. Social and Economic: Title VI of the Civil Rights Act of 1964 
[42 U.S.C. 2000(d) et seq.]; 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 [33 U.S.C. 1251-
1377]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)]; 
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

[[Page 45650]]

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. 139(l)(1).

    Issued On: July 25, 2011.
Michelle Eraut,
Environmental Program Manager, Salem, Oregon.
[FR Doc. 2011-19199 Filed 7-28-11; 8:45 am]
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