[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44691-44692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18919]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Wainiha Bridges 
Along State Route 560 in the State of Hawaii

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of title 23 of the United 
States Code. The actions relate to the replacement of the temporary 
Wainiha Bridges along K[umacr]hi[omacr] Highway (State Route 560) at 
approximate Mileposts 6.4 and 6.7, which is located in the Halele`a 
District on the island of Kaua`i, State of Hawai`i. 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 January 28, 2019. If the Federal 
law that authorizes judicial review of a claim provides a time period

[[Page 44692]]

of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Thomas Parker, Project Manager, 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 W Dakota Avenue, Suite 380, Lakewood, Colorado 80228, Telephone 
(720) 963-3688, Email [email protected]. Regular office hours are 
8:00 a.m. to 5:00 p.m. (Mountain Time).

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 highway project in the State 
of Hawai`i: Project to Replace Temporary Wainiha Bridges (Replacement 
of the Temporary Wainiha Bridges and Rehabilitation of Kaua`i Belt 
Road).
    Project Overview: The project includes the replacement of three 
temporary ``ACROW Panel'' modular steel bridges on K[umacr]hi[omacr] 
Highway (State Route 560) near the mouth of the Wainiha Stream on the 
island of Kaua`i, Hawai`i. The actions by the Federal agencies on the 
project, and the laws under which such actions were taken, are 
described in the Draft Environmental Assessment (DEA) signed on April 
6, 2016, in the Final EA (FEA) and Finding of No Significant Impact 
(FONSI) signed December 21, 2017, and in other key project documents. 
The FEA, FONSI, and other key documents for the project are available 
by contacting FHWA at the addresses provided above. The DEA, FEA and 
FONSI documents can be viewed and downloaded from the project website 
at https://flh.fhwa.dot.gov/projects/hi/wainiha/.
    This notice applies to all Federal agency decisions, actions, 
approvals, licenses and permits on the project as of the issuance date 
of this notice, including but not limited to those arising under the 
following laws, as amended:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)] 
(transportation conformity).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; 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 [54 U.S.C. 306108]); 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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f-300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Transportation Equity Act for the 21st Century (TEA-21) [23 
U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood 
Disaster Protection Act of 1973 [42 U.S.C. 4001-4129].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [PL 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    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(1)(1).

    Issued on: August 23, 2018.
Curtis Scott,
Acting Division Director, Lakewood, Colorado.
[FR Doc. 2018-18919 Filed 8-30-18; 8:45 am]
 BILLING CODE 4910-RY-P