[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices]
[Pages 53706-53707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21965]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Washington

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 and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). These actions relate to a proposed highway project, the 
State Route (SR) 99 Alaskan Way Viaduct Replacement Project, in the 
State of Washington. These actions provide 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 action on the highway project will be barred 
unless the claim is filed on or before February 27, 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: Randy Everett, Major Project Oversight 
Manager, Federal Highway Administration, Jackson Federal Building, 915 
2nd Avenue, Room 3142, Seattle, WA 98104; telephone: (206) 220-7538; 
and e-mail: [email protected]. The FHWA Washington Division's 
Oversight Manager's regular office hours are between 8 a.m. and 4:30 
p.m. (Pacific Time). You may also contact Allison Hanson, ESO Mega 
Projects Director, WSDOT Alaskan Way Viaduct Office, 999 Third Ave., 
Ste. 2200, Seattle, WA 98104; telephone: (206) 805-2880; and e-mail: 
[email protected]. The AWV Project's regular office hours are 
between 8 a.m. and 5 p.m. (Pacific Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action by issuing approval for the following highway 
project: to replace the Alaskan Way Viaduct between S. Royal Brougham 
Way and Roy Street because it is seismically vulnerable and at the end 
of its useful life.
    The four main components of the bored tunnel alternative include:
     Replacement of SR 99 between S. Royal Brougham Way and Roy 
Street with two lanes in each direction.
     Full northbound and southbound access to and from SR 99 
via ramp connections at the tunnels' south portal north of S. Royal 
Brougham Way and the tunnels' north portal near Harrison and Republican 
Streets.
     Demolition of the existing viaduct along the Seattle 
waterfront.
     Decommissioning of the Battery Street Tunnel.
    The action by the FHWA on this project, and the laws under which 
such action was taken, are described in the March 2004 Draft 
Environmental Impact Statement (DEIS), the July 2006 Supplemental Draft 
EIS, the October 2010 Supplemental Draft EIS, July 2011 Final 
Environmental Impact Statement (Final EIS), August 2011 Record of 
Decision (ROD), and in other documents in the FHWA administrative 
record for the project. The Draft EIS, both Supplemental EIS's, Final 
EIS, ROD and other supporting documents in the FHWA administrative 
record are available by contacting the FHWA or the Washington State 
Department of Transportation at the addresses provided above. The Draft 
EIS, both Supplemental EIS's, Final EIS and ROD can be viewed and 
downloaded from

[[Page 53707]]

the project Web site at http://www.alaskanwayviaduct.org or viewed at 
several libraries as well as local neighborhood service centers in the 
project area. A complete list of the library branches and local 
neighborhood service centers is included in the Final EIS.
    This notice applies to all Federal agency decisions on the project 
as of the issuance date of this notice and all laws, as amended under 
which such actions were taken, including but not limited to:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4347]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Section 
7 of the Endangered Species Act [16 U.S.C. 1536]; Anadromous Fish 
Conservation Act [16 U.S.C. 757(a)-757(f)]; Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667(e)]; Magnuson-Stevenson Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 et 
seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470 f].
    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].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 319); Land and Water Conservation Fund [16 U.S.C. 460l-4-
460l-114]; Safe Drinking Water Act [42 U.S.C. 300f-300j-6].
    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: August 22, 2011.
Daniel M. Mathis,
Division Administrator, Olympia, Washington.
[FR Doc. 2011-21965 Filed 8-26-11; 8:45 am]
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