[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79755-79756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32827]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Interstate 95 High 
Occupancy Toll Lanes Project in Virginia

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 that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
Interstate 95 High Occupancy Toll Lanes project in Spotsylvania, 
Stafford, Prince William, and Fairfax Counties and City of 
Fredericksburg, Virginia, and 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 project will be barred unless the 
claim is filed on or before June 19, 2012. Notwithstanding any other 
provision of law, a claim arising under Federal law seeking judicial 
review of a permit, license, or approval issued by a Federal agency for 
a highway or public transportation capital project shall be barred 
unless it is filed within 180 days after publication of a notice in the 
Federal Register announcing that the permit, license, or approval is 
final pursuant to the law under which the agency action is taken, 
unless a shorter time is specified in the Federal law pursuant to which 
judicial review is allowed.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Sundra, Director of Program 
Development, Federal Highway Administration, 400 North 8th Street, 
Richmond, Virginia, 23219; telephone: (804) 775-3357; email: 
[email protected]. The FHWA Virginia Division Office's normal business 
hours are 8 a.m. to 5 p.m. (eastern time). For the Virginia Department 
of Transportation: Mr. John D. Lynch, P.E., Regional Transportation 
Program Director, Virginia Department of Transportation, 6363 Walker 
Lane, Suite 500, Alexandria, Virginia, 22310; telephone: (703) 383-
2274; email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following project

[[Page 79756]]

in the State of Virginia: Interstate 95 High Occupancy Toll (HOT) 
Lanes. Generally, the Interstate 95 HOT Lanes project will expand the 
existing two High Occupancy Vehicle (HOV) lanes to three lanes from 
just north of the I-95/I-395/I-495 interchange in Fairfax County (in 
the vicinity of the I-395/Edsall Road interchange) to the Prince 
William Parkway in Prince William County (Exit 158) and convert them to 
HOT Lanes. The existing two HOV lanes will be maintained from the 
Prince William Parkway to south of the Town of Dumfries in Prince 
William County but be converted to HOT Lanes. Two new HOV/HOT Lanes 
will be constructed for approximately 26 miles through Stafford County, 
the City of Fredericksburg and Spotsylvania County to approximately one 
mile south of Route 17 in Spotsylvania County. The project will also 
include flyover ramps and at-grade slip ramps to facilitate movement 
between the HOV/HOT lanes and the general purpose lanes. Pull-off areas 
will also be provided for enforcement and breakdown purposes. The 
project would accommodate travel demand more efficiently, provide 
higher reliability of travel times, and expand travel choices. The 
actions taken by FHWA, and the laws under which such actions were 
taken, are described in the Environmental Assessment, the letter 
finalizing the Environmental Assessment process and requesting a 
Finding of No Significant Impact (FONSI), the FONSI that was issued on 
December 5, 2011, and in other documents in the FHWA project records. 
The Environmental Assessment, the Air Quality and Noise Analyses, and 
the Design Public Hearings Comments and Response Report can be viewed 
on the project's Web site at http://www.vamegaprojects.com/about-megaprojects/i-95-hov-hot-lanes/. These documents and other project 
records are also available by contacting FHWA or the VDOT at the 
contact information provided above.
    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 (FAHA) [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].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536].
    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.].
    6. Social and Economic: Farmland Protection Policy Act [7 U.S.C. 
4201-4209].

(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: December 7, 2011.
Edward Sundra,
Director of Program Development.
[FR Doc. 2011-32827 Filed 12-21-11; 8:45 am]
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