[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 531-532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33784]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration


Notice of Limitation on Claims Against a Proposed Transportation 
Project

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA, FTA and other agencies.

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SUMMARY: This notice announces final environmental actions taken by 
FHWA, FTA, and other agencies that are final within the meaning of 
Federal transportation law. The actions relate to the Interstate 5 
Columbia River Crossing Project in Clark County, Washington and 
Multnomah County, Oregon.

DATES: By this notice, FHWA and FTA are advising the public of final 
agency actions subject to 23 U.S.C. 139(l). A claim seeking judicial 
review of the Federal agency actions announced herein for the listed 
transportation project will be barred unless the claim is filed on or 
before July 3, 2012.

FOR FURTHER INFORMATION CONTACT: John McAvoy, Major Project Manager, 
Federal Highway Administration, Western Federal Lands Highway Division, 
610 E. Fifth Street, Vancouver, WA 98661; telephone: (360) 619-7591; 
and email: [email protected], or Terence Plaskon, Environmental 
Protection Specialist, Office of Planning and the Environment, FTA; 
telephone: (202) 366-0442; and email: [email protected]. FHWA and 
FTA headquarters are located at 1200 New Jersey Avenue SE., Washington, 
DC 20590. Office hours are from 9 a.m. to 5:30 p.m., EST, Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA, FTA and 
other agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the transportation project in the States of 
Oregon and Washington. Federal Lead Agencies: Federal Highway 
Administration (FHWA) and Federal Transit Administration (FTA). Project 
Sponsors: Oregon and Washington Departments of Transportation (ODOT, 
WSDOT), Southwest Washington Regional Transportation Council (RTC), 
Metro, Clark County Public Transportation Benefit Area (C-TRAN), and 
Tri-County Metropolitan Transportation District (TriMet). Project 
Description: The project is a bridge, transit, highway, and bicycle and 
pedestrian improvement project, consisting of a new river crossing over 
the Columbia River, improvements to highway interchanges and the local 
street network, bicycle and pedestrian improvements, and an extension 
of light rail from the Expo Center in Portland (OR) to Clark College in 
Vancouver (WA). The actions by the Federal and other agencies on this 
project, as well as the laws under which such actions were taken, are 
described in the Final Environmental Impact Statement (FEIS) for the 
project published in the Federal Register on September 23, 2011, and in 
the Record of Decision issued on December 7, 2011. The FEIS and ROD are 
available by contacting FHWA at the address above or can be downloaded 
from the project Web site at www.columbiarivercrossing.org.
    This notice applies to all FHWA, FTA, and other agency decisions on 
the listed project as of the issuance date of this notice and all laws 
under which such actions were taken, including, but not limited to 
those arising under the following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4347]; Federal-Aid Highway Act [23 U.S.C. 109]; the Federal transit 
statutes [49 U.S.C. Chapter 53].
    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 [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]; 
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.]; 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]; 
Archaeological Resources Protection Act of 1977 [16 U.S.C. 470aa-
470mm]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c-2]; Native American Grave Protection and Repatriation Act [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 [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 [Section 404, Section 401, Section 319]; Coastal Zone Management 
Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund [16 U.S.C. 
4601-4-4601-11]; Safe Drinking Water Act [42 U.S.C. 300f et seq.]; 
Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; TEA-21 Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4129].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898,

[[Page 532]]

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.) Nothing in this notice creates a 
cause of action under these executive orders.

    Issued on: December 29, 2011.
John McAvoy,
FHWA Major Project Manager, Vancouver, WA.
Lucy Garliauskas,
Associate Administrator for Planning and Environment, Washington, DC.
[FR Doc. 2011-33784 Filed 1-4-12; 8:45 am]
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