[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22765-22766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06886]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Availability of the Finding of No Significant Impact 
for the Midvalley Highway Project in Utah and Final Federal Agency 
Actions

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

ACTION: Notice of availability and notice of limitations on claims for 
judicial review of actions by UDOT and other Federal agencies.

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SUMMARY: The FHWA, on behalf of UDOT, is issuing this notice to 
announce actions taken by UDOT. The actions relate to the proposed 
Midvalley Highway S.R. 170 Project, in the Cities of Erda, Grantsville 
and Tooele, Tooele County, State of Utah. Those actions grant licenses, 
permits, and approvals for the project.

DATES: This decision became operative on February 21, 2024. By this 
notice, FHWA, on behalf of UDOT, 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 30, 2024. 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: Naomi Kisen, Senior Environmental 
Program Manager, UDOT Environmental Services, P.O. Box 143600, Salt 
Lake City, UT 84114; (801) 965-4005; email: [email protected], Monday-
Friday, 8 a.m. to 5 p.m. (Mountain Time Zone), except State and Federal 
holidays.

SUPPLEMENTARY INFORMATION: The environmental review, consultation, and 
other actions required by applicable Federal environmental laws for 
this action are being, or have been, carried out by UDOT pursuant to 23 
U.S.C. 327 and a Memorandum of Understanding (MOU) dated May 26, 2022, 
and executed by FHWA and UDOT. Actions taken by UDOT on FHWA's behalf 
pursuant to 23 U.S.C. 327 constitute Federal agency actions for 
purposes of Federal law. Notice is hereby given that UDOT has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and/or approvals for the Midvalley Highway SR-179 
Project in the State of Utah.
    The purpose for this project is to:
     Improve regional connectivity within the Tooele Valley.
     Reduce existing and future (2050) congestion on SR-36.
     Provide better access to planned development in the study 
area; and
     Improve public welfare and safety by providing a high-
capacity alternative to SR-36, in the case of an emergency.
    The selected alternative would construct: a new four-lane grade 
separated freeway from the end of existing Midvalley Highway to SR-112, 
a new four-lane arterial between SR-112 and SR-36, a new interchange at 
Midvalley Highway and SR-138, and a shared use path along the alignment 
of Midvalley Highway. The project is identified in UDOT's adopted 2023-
2028 State Transportation Improvement Program as project number S-
0179(2)0 with funding identified for right-of-way acquisition. The 
project is also included in UDOT's 2023-2050 Long Range Transportation 
Plan.
    The actions by UDOT, and the laws under which such actions were 
taken, are described in the Environmental Assessment (EA) for the 
project, approved on September 7, 2023, in the Finding of No 
Significant Impact (FONSI) for the project, approved on February 21, 
2023, and in other documents in the project record. The EA and FONSI 
are available for review at the UDOT Central Complex, 4501 South 2700 
West, Salt Lake City, Utah. In addition, the EA and FONSI documents can 
be viewed and downloaded from the project website at https://udot.utah.gov/midvalley/#/. This notice applies to the EA, the FONSI, 
and all other UDOT and Federal agency decisions and other actions with 
respect

[[Page 22766]]

to the project as of the issuance date of this notice and all laws 
under which such actions were taken, including but not limited to the 
following laws (including their implementing regulations):
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370m-12]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; 
23 U.S.C. 139.
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; Landscaping and Scenic 
Enhancement (Wildflowers) [23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667d]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712]; Bald and Golden Eagle Protection Act [16 
U.S.C. 668-668d].
    5. Historic and Cultural Resources: National Historic Preservation 
Act of 1966, as amended [54 U.S.C. 300101-307108]; Archaeological 
Resources Protection Act of 1979 [16 U.S.C. 470aa-470mm]; Archeological 
and Historic Preservation Act [54 U.S.C. 312501-312508]; Native 
American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013].
    6. Social and Economic: Title VI of Civil Rights Act of 1964 [42 
U.S.C. 2000d-2000d-7]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1389]; Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and 
Water Conservation Fund Act [54 U.S.C. 200301-200310]; Safe Drinking 
Water Act [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors 
Appropriation Act of 1899, as amended [33 U.S.C. 401-418]; Emergency 
Wetlands Resources Act [16 U.S.C. 3921, 3931]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [42 U.S.C. 9671-9675]; 
Resource Conservation and Recovery Act [42 U.S.C. 6901-6992k].
    9. Noise: Noise Control Act of 1972 [42 U.S.C. 4901-4918].
    10. 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. 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. 
13985 Advancing Racial Equity and Support for Underserved Communities 
Through the Federal Government; E.O. 13990 Protecting Public Health and 
the Environment and Restoring Science to Tackle the Climate Crisis; 
E.O. 14008 Tackling the Climate Crisis at Home and Abroad.

(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).

Ivan Marrero,
Division Administrator, Federal Highway Administration, Salt Lake City, 
Utah.
[FR Doc. 2024-06886 Filed 4-1-24; 8:45 am]
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