[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 15039-15040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07185]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in Washington State

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 that are final. 
The action relates to the approval of the re-evaluation for the State 
Route (SR) 167 Completion Project in Pierce County, State of 
Washington.

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 listed highway project will be 
barred unless the claim is filed on or before September 9, 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.

FOR FURTHER INFORMATION CONTACT: For FHWA, contact Dean Moberg, Area 
Engineer, Washington Division, Federal Highway Administration, 711 S. 
Capitol Way, Suite 501, Olympia, WA 98501-1284, 360-534-9344, or 
[email protected]. Regular office hours are from 8:00 a.m. to 4:30 
p.m., Monday through Friday, except Federal holidays, or Megan White, 
Director, Environmental Services Office, Washington State Department of 
Transportation, 310 Maple Park Avenue SE, Olympia, WA 98504, 360-705-
7480, or [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions within the meaning of 23 U.S.C. 139(l)(1) by 
issuing a NEPA Re-Evaluation of the SR 167 Completion Project in the 
State of Washington. This Statute of Limitations notice applies only to 
decisions within the Re-Evaluation dated December 20, 2018. The SR 167 
Completion Project will complete the SR 167 freeway by building 
approximately four miles of a new limited-access facility from its 
current terminus in Puyallup at SR 161 to Interstate 5 (I-5) in Fife. 
The project will also add approximately two miles of new limited-access 
facility from SR 509 near the Port of Tacoma to the proposed I-5 and SR 
167 interchange near 70th Avenue E. The extension of SR 167 will be a 
new four-lane (two lanes in each direction) highway from SR 161 to I-5, 
and the ``SR 509 Spur''

[[Page 15040]]

will be a new four-lane (two lanes in each direction) highway from I-5 
to 54th Avenue E. and a new two-lane (single lane in each direction) 
connection from 54th Avenue E to the existing SR 509 near the Port of 
Tacoma. The SR 167 Completion Project will be a tolled facility where 
all lanes will be tolled using two electronic toll points. One toll 
point will be located on SR 167 between I-5 and the proposed Valley 
Avenue interchange; the other toll point will be located on the SR 509 
Spur between I-5 and the proposed 54th Avenue interchange. Both toll 
points will be located such that any user of the new SR 167 Completion 
Project will be charged a toll. The SR 167 Completion Project is a 
critical missing link in the State's highway network. The purpose of 
the proposed action is to improve regional highway connections with an 
extension of SR 167 to serve current and future transportation needs in 
northern Pierce County and to enhance regional freight mobility and 
access to Port of Tacoma. The SR 167 Completion Project improves 
transportation connections between urban and manufacturing centers in 
northern Pierce County for people and goods. Extending SR 167 will ease 
congestion on I-5 and local roadways, create system linkages, 
accommodate travel demand and capacity needs, and improve intermodal 
relationships. The actions by FHWA, and the laws under which such 
actions were taken, are described in the Re-Evaluation for the Project 
approved on December 20, 2018, and in other documents and project 
records. The Re-Evaluation and other project records are available from 
FHWA and WSDOT at the address provided above and can be found at: 
https://www.wsdot.wa.gov/Projects/SR167/completion/Publications.htm.
    This notice applies to all Federal agency decisions related to the 
Re-Evaluation 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) of the Department of Transportation Act of 
1966 (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 (16 U.S.C. 470f); 
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: 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.
    9. Navigation: Rivers and Harbors Act of 1899 [33 U.S.C. 403]; 
General Bridge Act of 1946 [33 U.S.C. 9 and 11].

(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), as amended by Moving Ahead for 
Progress in the 21st Century Act, (PL 112-141, 126 Stat. 405).

    Issued on: April 4, 2019.
Melinda Roberson,
FHWA Assistant Division Administrator, Olympia, WA.
[FR Doc. 2019-07185 Filed 4-11-19; 8:45 am]
 BILLING CODE 4910-RY-P