[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Page 61654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24934]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

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). The actions relate to the proposed State Route 11 and Otay 
Mesa East Land Port of Entry in the City and County of San Diego, State 
of California. These 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 April 8, 2013. 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: Manuel E. S[aacute]nchez, Senior 
Transportation Engineer/Border Engineer, Federal Highway 
Administration--California Division, 401 B Street, Suite 800, San 
Diego, CA 92101, Regular Office Hours: 6:30 a.m. to 4:00 p.m., 
Telephone: (619) 699-7336, Email: [email protected], or Bruce L. 
April, Deputy District Director--Environmental, Caltrans District 11, 
4050 Taylor Street, MS 242, San Diego, CA 92110, Regular Office Hours: 
8:00 a.m. to 5:00 p.m., Telephone: (619) 688-0100, 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 highway project in 
the State of California: The State Route 11 and the Otay Mesa East Port 
of Entry in City and County of San Diego, California. The selected Tier 
II Preferred Modified Two Interchange Alternative consists of SR-11, 
which will be constructed as a 2.1-mile, four-lane toll highway, with 
two lanes in each direction, plus auxiliary lanes and connectors from 
Harvest Road for approximately 1.5 miles, before curving to the 
southeast near Alta Road and continuing for approximately 0.6 mile to 
connect with the new Otay Mesa Port Of Entry (POE)/Commercial Vehicle 
Enforcement Facility (CVEF) site. SR-11 will cross four local surface 
streets: Sanyo Avenue, Enrico Fermi Drive, Alta Road, and Siempre Viva 
Road. Modifications to SR-905 to accommodate its connections with SR-11 
will occur between the SR-905/SR-125/SR-11 Interchange and the SR-905/
Britannia Boulevard Interchange. These modifications will include the 
construction of two-lane connectors between the two highways, the 
addition of an auxiliary lane between La Media Road and the eastbound 
SR-11 connector, and the tapering of these connectors to match SR-905 
in the vicinity of the Britannia Boulevard Interchange. On the 
westbound side of SR-905, the proposed project will also construct a 
ramp from SR-11 to tie into the planned SR-905 and SR-125 off-ramps to 
La Media Road. SR-11 will include a full interchange at Enrico Fermi 
Drive and partial interchange at Siempre Viva Road, as well as an 
undercrossing at Sanyo Avenue and an overcrossing at Alta Road. The POE 
will occupy approximately 101 acres, and will accommodate northbound 
and southbound commercial and passenger traffic, as well as pedestrians 
and bicycles. The proposed project also includes a new CVEF, which will 
occupy approximately 18 acres east of SR-11 along the northern POE 
boundary. Total new R/W acquisition associated with the Modified Two 
Interchange Alternative would be approximately 236.6 acres.
    The actions by the FHWA and other Federal agencies, and the laws 
under which such actions were taken, are described in the Final 
Environmental Impact Statement (FEIS) for the project, approved on 
March 29, 2012, in the FHWA Record of Decision (ROD) issued on 
September 24, 2012, and other key documents. The FEIS and ROD are 
available by contacting FHWA at the address provided above. The FHWA 
FEIS can be viewed and downloaded from the project Web site at: http://www.dot.ca.gov/dist11/Env_docs/SR11/Final_tech.html.
    The FEIS can also be viewed at public libraries in the project 
area.
    Pending federal actions include:
    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 of 1969, as amended 
[42 U.S.C. 4321 et seq.]; Federal-Aid Highway Act [23 U.S.C 109];
    2. Air: Clean Air Act Amendments of 1990 (CAAA) [[42 U.S.C. 7401-
7671(q)];
    3. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 [Section 404, Section 401, Section 319]; Safe Drinking Water Act 
[42 U.S.C. 300f et seq.]; TEA-21 Wetlands Mitigation [23 U.S.C. 
103(b)(6)(m), 133(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 
4001-129];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Migratory Bird Treaty Act [16 U.S.C. 703-712];
    5. Land: Federal Land Policy and Management Act of 1976 
(Paleontological Resources)
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)- 2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209]
    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. 13175, Consultation and Coordination with Indian 
Tribal Governments; E.O. 13112, Invasive Species. Nothing in this 
notice creates a cause of action under these Executive Orders.

(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: October 3, 2012.
Vincent P. Mammano,
Division Administrator, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2012-24934 Filed 10-9-12; 8:45 am]
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