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Notice of Final Federal Agency Actions on Proposed Highway in California

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Christina Leach
Date: 22 March 2022
Subjects: American Government , Roads & Highways
Topic: Interstate Highway System

[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16304-16305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06066]


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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), pursuant to 
23 U.S.C. 327.

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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 260 (SR-260) between 
postmiles R0.78 and R1.90 and Interstate 880 (I-880) between postmiles 
30.47 and 31.61 in the cities of Oakland and Alameda in the County of 
Alameda, 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 
12, 2022. 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: Lindsay Vivian, Office 
Chief, California Department of Transportation. 111 Grand Avenue, MS-
8B, Oakland, CA 94612. Office hours: Monday through Friday 8:00 a.m.-
4:30 p.m. Contact information: lindsay.vivian@dot.ca.gov and 510-506-
4310. For FHWA, contact Shawn Oliver at (916) 498-5040 or email 
shawn.oliver@dot.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, FHWA assigned, and 
Caltrans assumed, environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans, 
have 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, in partnership with the 
Alameda County Transportation Commission (Alameda CTC), proposes the 
Oakland Alameda Access Project to improve motorist, pedestrian, and 
bicyclist safety, reduce conflicts between regional and local traffic, 
and enhance bicycle and pedestrian accessibility and connectivity 
within the project area. The project will remove and modify existing 
freeway ramps, modify the connection from the Posey Tube to I-880, 
construct Class IV two-way cycle tracks in Oakland, implement various 
``complete streets'' improvements, implement bicycle and pedestrian 
improvements at the approaches to the Posey and Webster Tubes, and open 
the Webster Tube's westside walkway to bicyclists and pedestrians. The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Final Environmental Document (FED) and 
Finding of No Significant Impact (FONSI) for the project, approved on 
August 20, 2021 and in other documents in the Caltrans project records. 
The FED, FONSI, and other project records are available by contacting 
Caltrans at the information provided above. The Caltrans FED and FONSI 
can be viewed and downloaded from the project website at https://dot.ca.gov/caltrans-near-me/district-4/d4-projects/d4-oaap.
    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]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. 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)]; Migratory Bird Treaty Act 16 U.S.C. 703-712].
    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.]; Historic Sites Act of 1935 [16 U.S.C. 461-467].
    5. Wetlands and Water Resources: Clean Water Act (Section 404 and

[[Page 16305]]

Section 401) [33 U.S.C. 1251-1377]; safe Drinking water Act (SDWA) [42 
U.S.C. 300(f)-300(j)(6)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].
    7. Health: Resource Conservation and Recovery Act [42 U.S.C. 6901 
et seq.]; Comprehensive Environmental Response, Compensation, and 
Liability Act [42 U.S.C. 9601 et seq.]; Atomic Energy Act [42 U.S.C. 
2011-2259]; Toxic Substance Control Act [15 U.S.C. 2601-2629]; 
Community Environmental Response Facilitation Act; Occupational Safety 
and Health Act [29 U.S.C. 651]; Federal Insecticide, Fungicide, and 
Rodenticide Act [7 U.S.C. 136].
    8. Executive Orders: E.O. 12088 Federal Compliance with Pollution 
Control Standards; E.O. 12898 Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations; E.O. 13112 
Invasive Species; E.O. 11988 Floodplain Management.

(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).

    Issued on: March 15, 2022.
Christina Leach,
Acting Director, Planning, Environment and Right of Way, Federal 
Highway Administration, California Division.
[FR Doc. 2022-06066 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-RY-P




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