[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46889-46890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19641]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Alaska

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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

SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The action relates to a 
proposed highway project in Hyder, State of Alaska. Those actions grant 
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 listed highway project will be 
barred unless the claim is filed on or before January 30, 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: Mr. Alex Viteri, Senior Transportation 
Engineer, FHWA Alaska Division, P.O. Box 21648, Juneau, Alaska 99802-
1648; office hours 8 a.m. to 4:30 p.m. (AST), phone (907) 586-7544; e-
mail [email protected]. You may also contact Jane Gendron, DOT&PF 
Southeast Region, Regional Environmental Manager, Alaska Department of 
Transportation and Public Facilities, 6860 Glacier Highway, P.O. Box 
112506, Juneau, Alaska 99811-2506; office hours 8:30 a.m. to 5 p.m. 
(AST), phone (907) 465-4499, e-mail [email protected].

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 Alaska: 
Project No. MGS-0003(113)/69070; Project Location: The project begins 
on Premier Avenue in the town of Hyder, Alaska and continues along the 
Hyder Causeway and trestle to Harbor Island in Portland Canal, a 
distance of 0.7 miles. Hyder is 75 air miles northeast of Ketchikan, 
Alaska and about 640 air miles northwest of Seattle, Washington. 
Project type: The project would reconstruct the surface approach 
(Premier Avenue and filled causeway) and replace the wooden trestle 
linking Hyder, Alaska to its marine transportation facility on Harbor 
Island.
    The actions by the Federal agency on the project, and the laws 
under which

[[Page 46890]]

such actions were taken, are described in the Environmental Assessment 
(EA) and Finding of No Significant Impact (FONSI) issued for the 
project, approved on July 11, 2011 and in other documents in the FHWA 
project files or the State of Alaska Department of Transportation & 
Public Facilities. The EA, FONSI, and other documents from the FHWA 
project records files are available by contacting the FHWA or the State 
of Alaska Department of Transportation & Public Facilities at the 
addresses provided above.
    This notice applies to all FHWA decisions and approvals on the 
project as of the issuance date of this notice and all laws and 
Executive Orders 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].
    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)-11]; 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, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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; TEA-21 Wetlands 
Mitigation, 23 U.S.C. 103(b)(6)(m), 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. 139(l)(1).

    Issued on: July 25, 2011.
David C. Miller,
Division Administrator, Juneau, Alaska.
[FR Doc. 2011-19641 Filed 8-2-11; 8:45 am]
BILLING CODE 4910-RY-P