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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

Vincent P. Mammano
Federal Highway Administration
December 20, 2013

[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Pages 77198-77199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30188]



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 FHWA.


SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). These actions relate to a 
proposed highway project known as the Marin-Sonoma Narrows High 
Occupancy Vehicle (HOV) Widening Project on US101 in Marin and Sonoma 
Counties, California. Those actions grant licenses, permits, and 
approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A

[[Page 77199]]

claim seeking judicial review of the Federal agency actions on the 
project will be barred unless the claim is filed on or before May 19, 
2014. If this date falls on a Saturday, Sunday, or legal holiday, 
parties are advised to file their claim no later than the business day 
preceding this date. 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: Lanh Phan, Senior Transportation 
Engineer, Federal Highway Administration, 650 Capitol Mall, Suite 4-
100, Sacramento, CA 95814, weekdays between 8:30 a.m. and 5:00 p.m., 
telephone 916-498-5046, lanh.phan@dot.gov. For California Department of 
Transportation: Yolanda Rivas, District Branch Chief, Caltrans 
Environmental Analysis, P.O. Box 23660, Oakland, CA 94623-0660, 
weekdays between mailto:Cesar.Perez@fhwa.dot.dot.gov 8:30 a.m. and 5:15 
p.m., 510-286-6216, yolanda.rivas@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA 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 Marin-Sonoma Narrows HOV Widening Project 
in Marin and Sonoma Counties. The project consists of the addition of 
continuous northbound and southbound HOV lanes from south of the Route 
37 Interchange in the City of Novato, Marin County, to north of the 
Corona Road Overcrossing in the City of Petaluma, Sonoma County, State 
of California. As the principal route in the coastal northwest region 
between the San Francisco Bay Area and Oregon, US 101 provides a 
continuous north/south route through Marin and Sonoma Counties for long 
distance, inter-city, and intra-city traffic. The project is needed to 
reduce recurring traffic congestion and improve mobility, and address 
physical and operational deficiencies of the roadway. The continuous 
northbound and southbound HOV lanes would be accomplished within the 
existing median of the US 101 facility, with minor outside widening in 
the southern and northern segments of the project. However, the middle 
segment containing a four-lane expressway with open medians and direct-
access driveways, would be replaced with a six-lane, access-controlled 
freeway to standardize horizontal and vertical curves, lane widths, and 
one new interchange.
    The actions by FHWA, and the laws under which such actions were 
taken, are described in the re-evaluation for the project, approved on 
December 6, 2013. The re-evaluation, as well as the Final Environmental 
Impact Statement (FEIS) for the project, approved on July 21, 2009, and 
the Record of Decision (ROD), issued on October 29, 2009, are available 
by contacting Caltrans at the address provided above. The FHWA FEIS and 
ROD can be viewed and downloaded from the Caltrans project Web site at 
http://www.dot.ca.gov/Dist4/msn and the ROD can be viewed and 
downloaded from the project Web site at http://www.dot.ca.gov/dist4/msn/documents/FHWA_Record_of_Decision_on_MSN_Project.pdf.
    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 by not limited to:
    1. General: National Environmental Policy Act (NEPA) (42 U.S.C. 
4321-4351); Federal-Aid Highway Act (23 U.S.C. 109).
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671 (q) (Transportation 
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Paleontology: Antiquities Act of 1906 (12 U.S.C. 431-433); 
Federal-Aid Highway Act of 1935 (200 U.S.C. 78).
    5. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544 and 
Section 1536), Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act (16 U.S.C. 661-667(d)), Migratory Bird Treaty 
Act (16 U.S.C. 703-712), Magnuson-Stevens Fishery Conservation and 
Management Act of 1976, as mended (16 U.S.C. 1801 et seq.).
    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.); Archeological Resources Protection Act of 1977 (16 U.S.C. 
470(aa)-11); Archeological and Historic Preservation Act (16 U.S.C. 
469-469(c); Native American Grave Protection and Repatriation Act 
(NAGPRA) (25 U.S.C. 3001-3013).
    7. Social and Economic: Civil Rights Act of 1964 (42 U.S.C. 
2000(d)-2000(d)(1); American Indian Religious Freedom Act (42 U.S.C. 
1996); Farmland Protection Policy Act (FPPA) (7 U.S.C. 4201-4209); 
Uniform Relocation Assistance and Real Property Acquisition Policy Act 
of 1970, as amended.
    8. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Flood Disaster Protection 
Act, 42 U.S.C. 4001-4128; Rivers and Harbors Act of 1899, 33 U.S.C. 
    9. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992(k).
    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. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species; E.O. 12088 Federal Compliance 
with Pollution Control.

(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 his program.)

    Authority:  23 U.S.C. 139(l)(1), as amended by the Moving Ahead 
for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, 
Sec.  1308, 126 Stat. 405 (2012).

    Issued on December 9, 2013.
Vincent P. Mammano,
Division Administrator, Federal Highway Administration, Sacramento, 
[FR Doc. 2013-30188 Filed 12-19-13; 8:45 am]

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