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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

Matthew Schmitz
Federal Highway Administration
September 28, 2015

[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Pages 58327-58328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24569]



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 California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327.


SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, that are final within the meaning 
of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway 
project, the United States (US) 101 Express Lanes Project from Post 
Miles 16.00 to 52.55 on US 101, and Post Miles 23.0 to 24.1 on State 
Route 85 in the County of Santa Clara, 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 February 
25, 2016. 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: Cristin Hallissy, Branch 
Chief, Environmental Analysis Branch, California Department of 
Transportation, District 4, 111 Grand Avenue, Oakland, CA 94612; 
telephone 510-622-8717; email cristin.hallissy@dot.ca.gov. Normal 
business hours for the Environmental Analysis Branch are 8:30 a.m. to 
5:00 p.m. (Pacific Time).

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 US 101 Express Lanes Project 
would convert the existing northbound and southbound High-Occupancy 
Vehicle (HOV) lanes on US 101 to express lanes and add a second express 
lane in both directions between Cochrane Road in Morgan Hill to State 
Route 85 in San Jose, and between

[[Page 58328]]

Blossom Hill Road in San Jose and North Fair Oaks Avenue in Sunnyvale. 
The conversion of the HOV lanes to express lanes would allow single-
occupant vehicles (SOVs) to pay a toll to use the lanes, while HOVs 
would continue to use the lanes for free. The purpose of the project is 
to manage traffic in the congested HOV segments of the US 101 freeway 
between SR 85 and Oregon Expressway/Embarcadero Road, and maintain 
consistency with provisions defined in AB 2032 (2004) and AB 574 (2007) 
to implement express lanes in an HOV lane system in Santa Clara County.
    The express lanes would extend 36.55 miles in length on US 101 from 
Cochrane Road in Morgan Hill to Oregon Expressway/Embarcadero Road in 
Palo Alto and 1.1 miles of SR-85 from the northern end of SR 85 to the 
US 101/SR-85 interchange in Mountain View. The project would also 
convert the SR 85/US 101 HOV direct connectors in Mountain View to 
express lane connectors and add auxiliary lanes in both directions on 
US 101 between Great America Parkway and Lawrence Expressway, and in 
the northbound direction between Old Bayshore Freeway and North First 
Street. The total project length is 37.65 miles.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(EA)/Finding of No Significant Impact (FONSI) for the project, approved 
on July 21, 2015, and in other documents in the Caltrans project 
records. The EA/FONSI and other project records are available by 
contacting Caltrans at the addresses provided above. The Caltrans EA/
FONSI can be viewed and downloaded from the project Web site at http://www.dot.ca.gov/dist4/envdocs.htm#santaclara.
    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 Quality: 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.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 
    5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
    6. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377].
    7. Hazardous Waste: Comprehensive Environmental Response, 
Compensation and Liability Act of 1980 [42 U.S.C. 9601-9628]; Toxic 
Substances Control Act [15 U.S.C. 2601-2629]; Federal Insecticide, 
Fungicide, and Rodenticide Act [7 U.S.C. 121-134]; Occupational Safety 
and Health Act [29 U.S.C. 651]; Resource Conservation and Recovery Act 
of 1976 [42 U.S.C. 6901].
    9. Executive Orders: E.O. 11988, Floodplain Management; E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low Income Populations; E.O. 13112, Invasive Species; 
E.O. 12088, Federal Compliance with Pollution Control Standards.

(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).

Matthew Schmitz,
Director, Project Delivery, Federal Highway Administration, Sacramento, 
[FR Doc. 2015-24569 Filed 9-25-15; 8:45 am]

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