[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65695-65696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22700]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project Between Exits 51 & 
52 (Eastbound) in the Town of Huntington, Suffolk County, New York

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 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 Interstate 495 (Long Island Expressway) 
Rest Area Upgrade Project between Exits 51 & 52 (eastbound) in the Town 
of Huntington, Suffolk County, New York (NYSDOT Project Identification 
Number: 0229.14). Those actions rescind the Record of Decision (ROD) 
and the Final Environmental Impact Statement (FEIS) dated May 21, 2007. 
The ROD was signed by FHWA on August 6, 2007.

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 150 days after publication of 
this notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Peter Osborn, Division Administrator, 
Federal Highway Administration, New York Division, Leo W. O'Brien 
Federal Building, Suite 719, Clinton Avenue and North Pearl Street, 
Albany, New York 12207. Telephone (518) 431-4127

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing a 
Rescission of the Record of Decision and a Rescission of the Final 
Environmental Impact Statement (FEIS) for the proposed Interstate 495 
(Long Island Expressway) Rest Area Upgrade Project between Exits 51 & 
52 (eastbound) in the Town of Huntington, Suffolk County, New York. The 
FHWA, as the lead Federal agency, in cooperation with the New York 
State Department of Transportation (NYSDOT) signed a ROD on August 6, 
2007, for the proposed Interstate 495 (Long Island Expressway) Rest 
Area Upgrade Project between Exits 51 & 52 (eastbound). The proposed 
project evaluated alternatives for upgrading the existing rest area for 
cars and trucks located on I-495/LIE eastbound between Exits 51 and 52. 
Since the ROD was signed, NYSDOT notified FHWA that Federal funds will 
not be utilized during the final design and construction of the 
project. Therefore, FHWA has determined that the ROD and the Final 
Environmental Impact Statement dated May 21, 2007, will be rescinded 
since there will be no Federal action, and the requirements of the 
National Environmental Policy Act pursuant to 42 U.S.C. 4321, et seq. 
and 23 Code of Federal Regulations 771 no longer apply.
    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 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]; 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)-470(ll)]; 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: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; 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]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    8. 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

[[Page 65696]]

Federal programs and activities apply to this program.)

    Authority:  23 U.S.C. 139(l)(1)

    Issued on: September 12, 2016.
Peter Osborn,
Division Administrator, Federal Highway Administration, Albany, New 
York.
[FR Doc. 2016-22700 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-RY-P