[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Notices]
[Page 14927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04189]


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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 of actions 
by the California Department of Transportation (Caltrans).

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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, the State Route 46 Corridor Improvement 
Project Antelope Grade Section, approximately 10 miles northeast of the 
community of Shandon in the County of San Luis Obispo and 32 miles 
northwest of the census-designated town of Lost Hills in the County of 
Kern, State of California. Those actions grant licenses, permits, and 
approvals for the project.

DATES: With 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's actions on the 
highway project will be barred unless the claim is filed on or before 
July 29, 2024. If the federal law that authorizes judicial review of a 
claim provides a time period of less than 150 days for filing such a 
claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Lucas Marsalek, 
Environmental Branch Chief, Caltrans District 5, 50 Higuera Street, San 
Luis Obispo, CA 93401, (805) 458-5408, [email protected], 
Monday-Friday, 8 a.m. to 5 p.m. PST.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) 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: The State Route 46 Corridor 
Improvement Project Antelope Grade Section will begin at post mile 57.3 
in San Luis Obispo County and will continue to post mile 0.4 in Kern 
County. Caltrans proposes to convert a 3.6-mile portion of State Route 
46 from a two-lane highway to a four-lane expressway with a 62-foot 
median on a new alignment that roughly parallels the existing highway 
corridor to the north (FHWA Project Number: 0518000075). The actions by 
the federal agencies and the laws under which such actions were taken 
are described in the Final Updated Environmental Assessment (FEA) with 
Finding of No Significant Impact (FONSI) for the project, approved on 
January 2, 2024, and in other documents in the project records. The 
FEA, FONSI, and other project records are available by contacting 
Caltrans at the address 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-5/district-5-current-projects or 
viewed at public libraries in the project area.
    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. National Environmental Policy Act of 1969
2. Clean Air Act, 42 U.S.C. 7401-7671
3. Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531-1544
4. National Historic Preservation Act of 1966 (NHPA)
5. Clean Water Act, 33 U.S.C. 1251-1387 (sections 319, 401, and 404)
6. Surface Transportation Project Delivery Pilot Program (Pilot 
Program) [23 U.S.C. 327]
7. Interagency Cooperation, Endangered Species Act of 1973 [50 CFR 402]
8. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209]
9. Energy Policy and Conservation Act of 1975 [42 U.S.C. 6201]
10. Determining Conformity of Federal Actions to State or Federal 
Implementation Plans [40 CFR 93]
11. Guidelines for Specification of Disposal Sites for Dredged or Fill 
Material [40 CFR 230]
12. Procedures for abatement of highway traffic noise and construction 
noise [23 CFR 772]
13. Farmland Protection Policy Act [7 CFR 658]
14. Protection of Historic Properties [36 CFR 800]
15. Cumulative Impact [40 CFR 1508.7]
16. Protection of Wetlands Executive Order 11990
17. Clean Water Act [33 U.S.C. 1344]
18. Invasive Species Executive Order 13112
19. Federal Migratory Bird Treaty Act [16 U.S.C. 703-711]
20. The Bald and Golden Eagle Protection Act [16 U.S.C. 668]

(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).

Antonio Johnson,
Director of Planning, Environmental, and Right of Way, Federal Highway 
Administration, California Division.
[FR Doc. 2024-04189 Filed 2-28-24; 8:45 am]
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