Notice of Final Federal Agency Actions on Proposed Highway in California

Notice of Final Federal Agency Actions on Proposed Highway in California

Publication: Federal Register
Signing Official: Antonio Johnson
Agency: Federal Highway Administration
Date: 23 August 2022
[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Notices]
[Pages 51728-51729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17851]


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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

[[Page 51729]]

are final. The actions relate to a proposed highway project, the State 
Route 132 Dakota Avenue to Gates Road Project on State Route 132 from 
post mile 4.5 to R11.7 in the county of Stanislaus, 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 January 
20, 2023. 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:
    John Thomas, Branch Chief, Northern San Joaquin Valley Management 
Branch 1, 2015 E Shields Avenue, Suite 100, Fresno, CA 93726, (559) 
408-4496, john.q.thomas@dot.ca.gov, Mon.-Fri. 9:00 a.m.-5:00 p.m.

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 the 
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 132 Dakota Avenue 
to Gates Road Project on State Route 132 from post mile 4.5 to R11.7 in 
County of Stanislaus, California. Caltrans proposes to construct an 
access controlled facility within the western central portion of 
Stanislaus County, from Gates Road/Paradise Road to Dakota Avenue, post 
miles 4.5 to R11.7, located two miles west of the City of Modesto. This 
project would be an extension of the State Route 132 West project that 
is being designed on a new alignment in the City of Modesto, 
California. The actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Final Environmental 
Assessment (FEA) for the project, approved on April 21, 2022, in the 
FHWA Finding of No Significant Impact (FONSI) issued on April 21, 2022, 
and in other documents in the FHWA project records. The FEA, FONSI, and 
other project records are available by contacting Caltrans at the 
addresses 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-10/district-10-current-projects/state-route-132-dakota-avenue-to-gates-road-project.
    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. 
4321-4335].
    2. Air: Clean Air Act [23 U.S.C. 109 (j) and 42 U.S.C 7521(a)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; Wild and Scenic Rivers Act [16 
U.S.C. 1271-1287]; The Public Health and Welfare [42 U.S.C. 4331 
(b)(2)].
    4. Wildlife: Federal Endangered Species Act [16 U.S.C. 1531-1543]; 
Fish and Wildlife Coordination Act [16 U.S.C. 661-666(C); Migratory 
Bird Treaty Act [16 U.S.C. 760c-760g].
    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.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470 (ll)]; 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].
    6. Social and Economic: NEPA implementation [23 U.S.C. 109(h)]; 
Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1344]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 13112 
Invasive Species; E.O. 11988 Floodplain management; E.O. 12898 Federal 
actions to Address Environmental Justice in Minority Populations and 
Low Income Populations.

(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, Planning, Environment and Right of Way, Federal Highway 
Administration, California Division.
[FR Doc. 2022-17851 Filed 8-22-22; 8:45 am]
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