[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Page 26355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10574]



[[Page 26355]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Avenida Rio Salado/
Broadway Road

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal Agencies.

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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). The actions relate to the extension and reconstruction of 
Broadway Road between 67th Avenue and 7th Street within the city of 
Phoenix, Maricopa County, Arizona. 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 highway project will be barred 
unless the claim is filed on or before October 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. Tom Deitering, Area Engineer, 
Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, 
Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-
8998, email: [email protected].
    The FHWA Arizona Division Office's normal business hours are 8 a.m. 
to 5 p.m. (Mountain Standard Time).
    You may also contact: Mr. Ken Davis, Senior Engineering Manager, 
Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, 
Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-
8998, email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following project in the State 
of Arizona: Avenida Rio Salado/Broadway Road. The improvements include 
extending Broadway Road by constructing a new 6-lane roadway between 
67th and 43rd avenues, widening the existing Broadway Road to 6-lanes 
between 43rd and 17th avenues, and improving the Broadway Road 
intersections at 15th, 7th, and Central avenues and 7th Street. The 
project will require approximately 102.63 acres of additional right of 
way and would not result in residential or commercial displacements. 
Some properties will require reconfiguration to remain functional under 
the changed roadway conditions.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Avenida Rio Salado/Broadway 
Road Final Environmental Assessment and Section 4(f) Evaluation (Final 
EA) for the project, approved on January 5, 2012, in the FHWA Finding 
of No Significant Impact (FONSI) issued on January 5, 2012, and in 
other documents in the FHWA administrative record. The FONSI, Final EA, 
and other documents in the FHWA administrative record file are 
available by contacting the FHWA or the Arizona Department of 
Transportation at the addresses provided above. The FONSI and Final EA 
including the Public Hearing Summary are available online at: http://avenidariosalado.com/environmental_assessment.php. 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 [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: 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]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    8. Water: Clean Water Act 33 U.S.C. 1251-1387.
    9. 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: April 25, 2012.
Karla S. Petty,
Division Administrator, Phoenix, Arizona.
[FR Doc. 2012-10574 Filed 5-2-12; 8:45 am]
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