[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2663-2664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00747]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Alaska

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

ACTION: Notice of Limitations on Claims for Judicial Review of Actions 
by the Alaska Department of Transportation and Public Facilities 
(DOT&PF).

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

SUMMARY: The FHWA, on behalf of DOT&PF, is issuing this notice to 
announce actions taken by DOT&PF that are final. The actions relate to 
a proposed highway project, Sterling Safety Corridor Improvements 
Milepost (MP) 82.5 to 94, in the Kenai Peninsula Borough and the Cities 
of Soldotna and Kenai, Alaska. Those actions grant licenses, permits, 
and approvals for the project.

DATES: By this notice, the FHWA, on behalf of DOT&PF, is advising the 
public of final agency action 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 
June 17, 2022. 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 DOT&PF: Brian Elliott, DOT&PF 
Central Region Environmental Manager, Alaska Department of 
Transportation and Public Facilities, 4111 Aviation Drive, P.O. Box 
196900, Anchorage, Alaska 99519-6900; office hours 7:30 a.m.-5 p.m. 
(AST), phone (907) 269-0539, email [email protected]. For FHWA: 
Mr. Michael Lukshin, Area Engineer, FHWA Alaska Division, P.O. Box 
21648, Juneau, Alaska 99802-1648; office hours 8 a.m.-4:30 p.m. (AST), 
phone (907) 586-7189; email [email protected].

SUPPLEMENTARY INFORMATION: Effective November 3, 2017, FHWA assigned, 
and DOT&PF assumed, environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. As such, environmental review, consultation, 
and other actions required by applicable Federal environmental laws for 
this project have been carried out by DOT&PF pursuant to 23 U.S.C. 327 
and a Memorandum of Understanding executed by FHWA and DOT&PF. Notice 
is hereby given that DOT&PF has taken final agency actions subject to 
23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
proposed highway project, Sterling Safety Corridor Improvements, in the 
Kenai Peninsula Borough and the Cities of Soldotna and Kenai, Alaska. 
The proposed project would improve the Sterling Highway by expanding 
the existing road to a four-lane divided highway, with a depressed 
median from approximately Handley Street in Sterling (MP 82.5) to Kleeb 
Loop in Soldotna (MP 94), with each end transitioning to a four-lane 
highway divided with a center two-way left-turn lane to tie back into 
the existing lane configurations. Additional improvements include 
median breaks approximately every half-mile with dedicated left-turn 
lanes, frontage road and pedestrian facility construction, utility 
relocations, vegetation clearing, drainage improvements, and roadside 
hardware upgrades.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(FEA) for the project, approved on December 16, 2021, in the Finding of 
No Significant Impact (FONSI) issued on December 16, 2021, Section 4(f) 
de minimis finding, approved on November 11, 2021, and in other 
documents in the DOT&PF project records. The FEA, Section 4(f) de 
minimis finding, FONSI, and other project records are available by 
contacting DOT&PF at the addresses provided above. The FEA and FONSI 
documents can be viewed and downloaded from the project website at 
http://www.sterlinghighway82to94.com/ com/, or viewed at 4111 Aviation 
Avenue, Anchorage, Alaska 99519.
    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 et seq.]; Council on Environmental Quality Regulations [40 CFR 
parts 1500 et seq.]; Federal-Aid Highway Act of 1970 [23 U.S.C. 109]; 
MAP-21, the Moving Ahead for Progress in the 21st Century Act [Pub. L. 
112-141].
    2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Land and Water Conservation Fund (LWCF) [54 
U.S.C. 200301 et seq.].
    4. Noise: Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].
    5. Wetlands and Water Resources: Clean Water Act (Section 401 and 
Section 404) [33 U.S.C. 1251 et seq.] (Federal Water Pollution Control 
Act of 1972); Safe Drinking Water Act, as amended [42 U.S.C. 300f et 
seq.]; Coastal Zone Management Act [16 U.S.C. 1451 et seq.]; Wild and 
Scenic Rivers Act [16 U.S.C. 1271 et seq.].
    6. Wildlife: Endangered Species Act of 1973, as amended [16 U.S.C. 
1531 et seq.]; Marine Mammal Protection Act of 1972, as amended [16 
U.S.C. 1361 et seq.]; Fish and Wildlife Coordination

[[Page 2664]]

Act, as amended [16 U.S.C. 661 et seq.]; Migratory Bird Treaty Act [16 
U.S.C. 703-712]; Anadromous Fish Conservation Act [16 U.S.C. 757a-
757g]; Magnuson-Stevenson Fishery Conservation and Management Act, as 
amended [16 U.S.C. 1801 et seq.].
    7. 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 et 
seq.]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et 
seq.].
    8. Social and Economic: Title VI of the Civil Rights Act of 1964, 
as amended [42 U.S.C. 2000d et seq.]; Farmland Protection Policy Act 
(FPPA) [7 U.S.C. 4201 et seq.].
    9. Executive Orders: E.O. 13186--Responsibilities of Federal 
Agencies to Protect Migratory Birds; E.O. 11514--Protection and 
Enhancement of Environmental Quality; E.O. 11990--Protection of 
Wetlands; E.O. 11988--Floodplain Management; E.O. 13112--Invasive 
Species; E.O. 12898--Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations.

(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))

Sandra A. Garcia-Aline,
Division Administrator, Juneau, Alaska.
[FR Doc. 2022-00747 Filed 1-14-22; 8:45 am]
BILLING CODE 4910-22-P