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Notice of Final Federal Agency Actions on Proposed Highway in Hawaii


American Government

Notice of Final Federal Agency Actions on Proposed Highway in Hawaii

Mayela Sosa
Federal Highway Administration
July 20, 2015


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42864-42865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17700]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Hawaii

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final within the meaning of 23 U.S.C. 139(1)(1). The 
actions relate to the Queen Ka`ahumanu Highway Widening project located 
in North Kona, in the State of Hawai'i. These actions grant licenses, 
permits, and approvals for the project.

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1). A claim seeking judicial review of 
the Federal agency actions on the listed highway project will be barred 
unless the claim is filed on or before December 17, 2015. 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: Mayela Sosa, Division Administrator, 
Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206, 
Honolulu, Hawaii 96850, Telephone: (808) 541-2700; or Raymond J. 
McCormick, Highways Administrator, State of Hawaii Department of 
Transportation, 869 Punchbowl Street, Honolulu, Hawaii 96813, 
Telephone: (808) 587-2220;

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following: In 1996, FHWA and HDOT 
published the EA to widen Queen Ka`ahumanu Highway from a two lane to 
four lane facility. The FHWA issued a Finding of No Significant Impact 
on June 10, 1996. The original project limits extended from Palani Road 
to Keahole Airport Access Road, a total project length of 8.0 miles. 
However, due to funding constraints, the project was split into

[[Page 42865]]

two phases. Phase 1 covered widening and improvements on Queen 
Ka`ahumanu Highway from Palani Road to Kealakehe Parkway, a distance of 
2.8 miles, while Phase 2 covers the remaining 5.2 miles from Kealakehe 
Parkway to Keahole Airport Access Road. Construction of Phase 1 was 
completed in 2009.
    These actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the 1996 Environmental 
Assessment (EA), FONSI, and May 15, 2015, Reevaluation, and in other 
documents in the FHWA administrative record. The EA, FONSI, 
Reevaluation and other documents in the FHWA administrative record are 
available by contacting HDOT or FHWA at the addresses provided above.
    This notice applies to all Federal agency decisions on the project 
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 [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-767l(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [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]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson 
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 
1801 et seq.].
    5. 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 Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-ll]; Archaeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act [25 
U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(l)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act 
of1970, as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management 
Act [16 U.S.C. 1451-1464]; Land and Water Conservation Fund [16 U.S.C. 
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300G)(6)]; Rivers 
and Harbors Act of 1899 [33 U.S.C. 401-406]; Wetlands Mitigation [23 
U.S.C. 103(b)(6)(m),133(b)(11)]; Flood Disaster Protection Act [42 
U.S.C. 4001-4128].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
and 13690, 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. 13007 Indian Sacred Sites; 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.

(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(1)(1).

    Issued on: July 9, 2015.
Mayela Sosa,
Division Administrator, Honolulu, HI.
[FR Doc. 2015-17700 Filed 7-17-15; 8:45 am]
 BILLING CODE 4910-22-P




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