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Notice of Final Federal Agency Actions on Proposed Highway in California

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway in California

Steve Pyburn
Federal Highway Administration
May 14, 2013

[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Pages 28282-28283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11379]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, U.S. Army Corps of Engineers (USACE), and U.S. Fish and 
Wildlife Service (USFWS).


SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, USACE and USFWS that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed State Route 41 Madera Passing Lanes project 0.3 miles north of 
Road 208 to 2.2 miles north of Road 208 in Madera County, in the 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 October 
11, 2013. 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: G. William ``Trais'' 
Norris, III, Senior Environmental Planner, California Department of 
Transportation (Caltrans), 855 ``M'' Street, Suite 200, Fresno, CA 
93721; weekdays 8:00 a.m. to 5:00 p.m. (Pacific time); telephone (559) 
445-6447, email: trais.norris@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and 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 41 Madera Passing Lanes 
project in Madera County, California. The purpose of the project would 
reduce delay and avoid traffic backup on State Route 41 by improving 
traffic operations, reducing traffic congestion, and improving safety 
on State Route 41. This would be accomplished by adding passing lanes 
to State Route 41 within the project limits, constructing 8-foot-wide 
outside shoulders, a 4-foot-wide soft median barrier, and rumble strips 
on the outside shoulders and the median.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA)/
Finding of No Significant Impact (FONSI) for the project, approved on 
March 5, 2013. The EA/FONSI and other documents are available by 
contacting Caltrans at the address provided above. The Caltrans EA/
FONSI can be viewed and downloaded from the project Web site at: http://www.dot.ca.gov/dist6/environmental/envdocs/d6/.
    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. 
4321-4351]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 
    4. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f) -300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 
    5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; and Migratory Bird Treaty Act [16 U.S.C. 703-712].
    6. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa 
et seq]; and Native American Graves Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-
4209]; and The Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970, as amended.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986; and Resource Conservation 
and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. 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 the Cultural 
Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve 
America; 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; and E.O. 13112 Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning

[[Page 28283]]

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. Sec.  139(l)(1)

    Issued on: May 7, 2013.
Steve Pyburn,
North Team Leader, State Programs, Federal Highway Administration 
Sacramento, California.
[FR Doc. 2013-11379 Filed 5-13-13; 8:45 am]

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