[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17284-17285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05830]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

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

ACTION: Notice of limitation on claims for judicial review.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, that are final. The actions relate 
to a proposed highway project, on State Route (SR 37) between postmiles 
2.9-6.2 in Sonoma County, postmiles 0.0-R7.4 in Solano County, and 
postmiles 0.0-0.2 in Napa County, State of California. Those actions 
grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 August 
21, 2023. 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 Caltrans: Maxwell Lammert, Office 
Chief, California Department of Transportation, 111 Grand Avenue, MS-
8B, Oakland, CA 94612. Office hours: Monday through Friday 8 a.m.-5 
p.m. Contact Information: [email protected] and (510) 506-
9862.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration assigned, and the California Department of 
Transportation assumed environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the following highway project in 
the State of California: Caltrans, in partnership with the Metropolitan 
Transportation Commission (MTC) and the north bay partner agencies of 
Sonoma County Transportation Authority (SCTA), Solano Transportation 
Authority (STA), and Napa Valley Transportation Authority (NVTA), 
proposes the Sears Point to Mare Island Improvement Project to address 
existing recurring congestion along State Route (SR) 37 where the 
highway narrows to one lane in each direction between SR 121 and the 
Mare Island Interchange (approximately 10 miles). The selected 
alternative will widen SR 37 to provide four full-time lanes (two in 
each direction), widen the Tolay Creek Bridge, widen the Sonoma Creek 
Bridge, and provide 8-foot shoulders (except at Sonoma Creek Bridge 
which would have 4-foot shoulders). In each direction of SR 37 in the 
project limits, the existing lane would be converted to full-time High 
Occupancy Vehicle (HOV) lanes and the newly added lanes would be toll 
lanes. The actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the Final Environmental 
Assessment (FEA) and Finding of No Significant Impact (FONSI), approved 
on February 8, 2023 and in other documents in the Caltrans project 
records. The FEA, FONSI, and other project records are available by 
contacting Caltrans at the addresses provided above. The Caltrans FEA 
and FONSI can be viewed and downloaded from the project website at 
https://dot.ca.gov/caltrans-near-me/district-4/d4-popular-links/d4-environmental-docs#district-wide.
    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. Council on Environmental Quality Regulations
2. National Environmental Policy Act (NEPA) of 1969 [42 U.S.C. 4321-
4351]
3. Federal-Aid Highway Act of 1970 [23 U.S.C. 109 and 23 U.S.C. 128]
4. Clean Air Act Amendments of 1990 (CAAA) [42 U.S.C. 7401-7671(q)]
5. Clean Water Act of 1977 and 1987 (Section 404 and Section 401)
6. Section 106 of the National Historic Preservation Act of 1966, as 
amended
7. Historic Sites Act of 1935
8. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 
1977 & 1987)
9. Paleontological Resources Preservation Act of 2009 (PRPA)
10. Antiquities Act [54 U.S.C. 320301-320303]
11. Noise Control Act of 1972
12. Safe Drinking Water Act of 1944, as amended
13. Toxic Substances Control Act
14. Comprehensive Environmental Response, Compensation and Liability 
Act
15. Resource Conservation and Recovery Act (RCRA) of 1976
16. Endangered Species Act of 1973
17. Executive Order 11990, Protection of Wetlands
18. Executive Order 13112, Invasive Species
19. Executive Order 13186, Migratory Birds
20. Fish and Wildlife Coordination Act of 1934, as amended
21. Migratory Bird Treaty Act
22. Marine Mammal Protection Act
23. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 
1006-1007
24. Wildflowers, Surface Transportation & Uniform Relocation Act of 
1987 Section 130
25. Coastal Zone Management Act of 1972 (CZMA)
26. Coastal Zone Management Act Reauthorization Amendments of 1990
27. Executive Order 11988, Floodplain Management
28. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
29. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
30. Title VI of the Civil Rights Act of 1964, as amended
31. Executive Order 12898, Federal Actions to Address Environmental 
Justice and Low-Income Populations

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372

[[Page 17285]]

regarding intergovernmental consultation on Federal programs and 
activities apply to this program.)

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

    Dated: March 16, 2023.
Antonio Johnson,
Director, Planning, Environment, and Right of Way, Federal Highway 
Administration, California Division.
[FR Doc. 2023-05830 Filed 3-21-23; 8:45 am]
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