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Notice of Final Federal Agency Actions on Proposed Highway in California

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Antonio Johnson
Date: 7 March 2023
Subject: American Government , Roads & Highways

[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Page 14232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04563]


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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 are final. The actions relate 
to a proposed highway project, on State Route 99 from post mile 21.2 to 
24.4 in the County of Fresno, 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 August 4, 
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: Trais Norris, Senior 
Environmental Planner, 2015 East Shields Avenue, Suite 100, Fresno, 
California 93726; phone: 209-601-3521; or email: 
trais.norris@dot.ca.gov.

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: Caltrans proposes to rehabilitate 
State Route 99 between 0.2 mile south of the El Dorado Street 
Overcrossing and the Clinton Avenue Overcrossing within the City of 
Fresno in Fresno County. The proposed work includes lengthening and/or 
widening seven structures and replacing three overcrossings and one 
railroad underpass, which would provide standard vertical clearances 
and longer structure spans that would accommodate required horizontal 
and vertical clearances. The purpose of the project is to provide a 
long-term solution to the deteriorating pavement within the project 
limits that reduces maintenance crew exposure and long-term maintenance 
expenditures.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental 
Assessment/Finding of No Significant Impact (FONSI) for the project, 
approved on February 8, 2023, 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-6/district-6-projects/06-0w800, or viewed at public libraries in the project area: 
the Gillis Branch Library at 629 West Dakota Avenue, Fresno, California 
93705; and the Fresno County Public Library at 2420 Mariposa Street, 
Fresno, California 93721.
    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. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303].
    3. 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].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.].
    5. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1344].
    6. Hazardous Waste: Comprehensive Environmental Response, 
Compensation and Liability Act [42 U.S.C. 103]; Resource Conservation 
and Recovery Act of 1976 [42 U.S.C. 6901 et seq.].
    7. Title VI of the Civil Rights Act of 1964, as amended.
    8. Executive Order 12898, Federal Actions to Address Environmental 
Justice 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))

    Dated: March 1, 2023.
Antonio Johnson,
Director, Environment, Right-of-Way, Federal Highway Administration, 
California Division.
[FR Doc. 2023-04563 Filed 3-6-23; 8:45 am]
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