[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13461-13462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05769]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on South Mountain Freeway 
(Loop 202), Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa 
Freeway) in Phoenix, AZ

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of Availability of the Record of Decision (ROD) for the 
South Mountain Freeway project; and Notice of limitation on claims for 
judicial review of actions by FHWA and other Federal Agencies.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) and FHWA procedures, this notice announces the availability of 
the ROD regarding the South Mountain Freeway project in Phoenix, AZ. 
The Arizona Division Administrator signed the ROD on March 5, 2015.

[[Page 13462]]

    In addition, this notice announces actions taken by FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the design and construction of the 
Selected Alternative for the South Mountain Freeway project. Those 
actions grant licenses, permits, and approvals for the project.

DATES: By this notice, 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 August 10, 2015. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Hansen, Team Leader Planning, 
Environment, Air Quality, and Realty Team, 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 7:30 a.m. to 4 p.m. (Mountain Standard Time).
    You may also contact: Ms. Rebecca Yedlin, Environmental 
Coordinator, 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 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: South Mountain Freeway (Loop 202), Interstate 10 (Papago 
Freeway) to Interstate 10 (Maricopa Freeway). The FHWA has decided to 
identify the Preferred Alternative analyzed in the South Mountain 
Freeway (Loop 202) Final Environmental Impact Statement and Section 
4(f) Evaluation (FEIS) as the Selected Alternative for the South 
Mountain Freeway project in Phoenix, Arizona, and to proceed with its 
construction. The Selected Alternative discussed in the ROD for the 
project is the environmentally preferable alternative. The Selected 
Alternative will meet the project needs as well as or better than the 
other alternatives, and was determined to be the only prudent and 
feasible alternative in the eastern project area during the Section 
4(f) evaluation. The Selected Alternative will have similar 
environmental effects on natural resources, cultural resources, 
hazardous materials, and noise; will displace fewer residences; will 
have the lowest impact on total tax revenues of local governments; will 
have lower construction costs; will cause less construction disruption 
overall to Interstate 10 (Papago Freeway); will mitigate impacts and 
provide measures to minimize harm; represents all possible planning to 
minimize harm to resources receiving protection under Section 4(f); is 
favored by the majority of local governments; and will allow regulatory 
permitting requirements to be met.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Draft Environmental Impact 
Statement approved April 16, 2013, FEIS for the project, approved on 
September 18, 2014, in the FHWA ROD issued on March 5, 2015, and in 
other documents in the FHWA administrative record. Project decision 
documents are also available online at: azdot.gov/southmountainfreeway.
    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 US 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: March 9, 2015.
Karla S. Petty,
Arizona Division Administrator, Phoenix, Arizona.
[FR Doc. 2015-05769 Filed 3-12-15; 8:45 am]
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