[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Pages 3273-3274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01631]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in New 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.


SUMMARY: This notice announces actions taken by the FHWA that are 
final. The actions relate to a proposed highway project, Sunport 
Boulevard Extension and Woodward Road from Interstate 25 extending west 
to NM 303 (2nd Street SW), in the County of Bernalillo, State of New 
Mexico. Those actions grant licenses, permits, and approvals for the 

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 July 11, 2019. 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.

Environmental/Realty Specialist, FHWA New Mexico Division, 4001 Office 
Court Drive, Suite 801, Santa Fe, NM 87507, 8:30 a.m. to 4:45 p.m., 
Phone Number (505) 820-2027, Email [email protected]. For New 
Mexico Department of

[[Page 3274]]

Transportation (NMDOT), R. Blake Roxlau, Environmental Bureau Manager, 
Environmental Bureau, 1120 Cerillos Road, Room 205, Santa Fe, NM 87504-
1149, Office hours 8:00 a.m. to 5:00 p.m., Phone (505) 490-2575, Email 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action(s) subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of New Mexico: The Sunport Boulevard Extension Project is a 
project that connects the Sunport Interstate 25 Interchange to NM 
47(Broadway Boulevard) to the west of the interchange via a new highway 
facility that includes a bridge. The project also includes improvements 
to the Broadway Boulevard/Sunport Boulevard/Woodward Road Intersection, 
as well as improvements to the existing Woodward Road facility 
extending west to NM 303 (2nd Street SW). The project provides an 
important regional transportation link in completing the western leg of 
the existing Sunport Interchange, which serves the Albuquerque 
International Airport. The project length is approximately 1.05 miles. 
FHWA and the NMDOT recognize the project with the following Control 
Numbers: A300160 and A300161. The actions by the agencies, and the laws 
under which such actions were taken, are described in the Environmental 
Assessment (EA) for the project, approved on May 8, 2018, in the 
Finding of No Significant Impact (FONSI), issued on January 31, 2019, 
and in other documents in the project records. The EA/FONSI, and other 
project records are available by contacting FHWA or the NMDOT at the 
addresses provided above. The EA and can be viewed and downloaded from 
the project website at https://www.bernco.gov/public-works/current-past-projects.aspx?1fc7eb62479a4a568e871b92638de153blogPostId=52e84a84b12f4e9c92a967416e68556f#/BlogContent or obtained from any contact listed 
    This notice applies to all Federal agency decisions that are final 
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. 7401-7671q).
    3. Land: Section 4(f) Requirements (49 U.S.C. 303; 23 U.S.C. 138); 
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. 1361-1423h); 
Fish and Wildlife Coordination Act (16 U.S.C. 661-667d); 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 (54 U.S.C. 306108); 
Archeological Resources Protection Act of 1977 (16 U.S.C. 470aa-470mm); 
Archeological and Historic Preservation Act (16 U.S.C. 469-469c); 
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. 200(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. 1251-1387); Land and Water 
Conservation Fund (LWCF) (16 U.S.C. 4601-4604); Safe Drinking Water Act 
(SDWA) (42 U.S.C. 300f-300j-26)); 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. 3901, 3921); Wetlands 
Mitigation (23 U.S.C. 119(g) and 133(b)(14)); Flood Disaster Protection 
Act, 42 U.S.C. 4012a, 4106).
    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; E.O. 11991 Environmental Impact 
Statements; E.O. 13766 Expediting Environmental Reviews and Approvals 
for High Priority Infrastructure Projects; E.O. 13807 Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects.

(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)

J. Don Martinez,
Division Administrator, Santa Fe, New Mexico.
[FR Doc. 2019-01631 Filed 2-8-19; 8:45 am]