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Notice of Final Federal Agency Actions on Proposed Highway in Alaska

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway in Alaska

Sandra A. Garcia-Aline
Federal Highway Administration
6 September 2017

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Pages 42222-42223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18901]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitations on Claims for Judicial Review of Actions 
by the FHWA and other Federal agencies.


SUMMARY: This notice announces actions taken by the FHWA and other 
federal agencies that are final. The actions relate to a proposed 
highway project, Seward Highway Milepost 75 to 90 Road and Bridge 
Rehabilitation, in the Kenai Peninsula Borough and the Municipality of 
Anchorage, Alaska. Those actions grant licenses, permits, and approvals 
for the project.

DATES: By this notice, the FHWA is advising the public of final agency 
action subject to 23 U.S.C. 139(l)(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 February 5, 2018. 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: Mr. Henry Rettinger, Central Region 

[[Page 42223]]

Engineer, FHWA Alaska Division, P.O. Box 21648, Juneau, Alaska 99802-
1648; office hours 8 a.m.-4:30 p.m. (AST), phone (907) 586-7544; email 
Henry.Rettinger@dot.gov. You may also contact Brian Elliott, DOT&PF 
Central Region Environmental Manager, Alaska Department of 
Transportation and Public Facilities, 4111 Aviation Drive, P.O. Box 
196900, Anchorage, Alaska 99519-6900; office hours 7:30 a.m.-5 p.m. 
(AST), phone (907) 269-0539, email Brian.Elliott@alaska.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
licenses, permits, and approvals for the proposed highway project, 
Seward Highway Milepost 75 to 90 Road and Bridge Rehabilitation, in the 
Kenai Peninsula Borough and the Municipality of Anchorage, Alaska. The 
proposed project would improve the Seward Highway between Milepost 75 
and Milepost 90 as follows:
    1. Resurface the entire 15-mile highway corridor with asphalt and 
reconstruct its subbase where necessary;
    2. Construct auxiliary passing lanes in three locations (in total, 
approximately 5 miles of new northbound passing lanes and 5 miles of 
new southbound passing lanes will be constructed);
    3. Realign and reprofile the MP 88 horizontal and vertical curves;
    4. Realign the Portage curve, which would make at-grade 
improvements at the Portage Glacier Road intersection and improve 
recreation access in the vicinity;
    5. Construct two parking areas near MP 81.5 and MP 83 to access the 
area for hooligan dipnet fishing, the parking lots will be connected by 
a new paved path;
    6. Replace or reconstruct most existing driveways;
    7. Replace eight bridges (at Glacier Creek, Virgin Creek, Peterson 
Creek, Twentymile River, Portage Creek No. 1, Portage Creek No. 2, 
Placer River, and Placer River Overflow) and rehabilitate one bridge 
(at Ingram Creek);
    8. Where possible, replace and reduce the existing guardrail 
    9. Improve drainage by replacing or reconfiguring culverts; and
    10. Replace/install miscellaneous maintenance/intelligent 
transportation system features such as: Road Weather Information 
Systems, Automatic Traffic Recorders, and avalanche protection gun 
    The environmental effects of the Seward Highway Milepost 75 to 90 
Road and Bridge Rehabilitation project are evaluated and described in 
the Revised Environmental Assessment (REA) issued pursuant to the 
National Environmental Policy Act. Key issues identified in the REA 
include a not likely to adversely affect determination for the Cook 
Inlet Beluga Whale and designated Critical Habitat, construction 
mitigation measures to protect the Cook Inlet Beluga Whale and 
designated Critical Habitat, identification and protection of Section 
4(f) historic and recreational properties within the project corridor, 
and temporary construction effects on local businesses and tourism. 
Measures to avoid, minimize, and/or mitigate adverse environmental 
effects are included in the REA and associated Finding of No 
Significant Impact (FONSI).
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the REA, Section 4(f) evaluations, 
and FONSI, issued on June 6, 2017, and in other documents in the FHWA 
project records. The REA, Section 4(f) evaluations, FONSI, and other 
project records are available by contacting FHWA or the State of Alaska 
Department of Transportation & Public Facilities at the addresses 
provided above. The EA and FONSI documents can be viewed and downloaded 
from the project Web site at http://www.sewardhighway75to90.com or 
viewed at 4111 Aviation Avenue, Anchorage, Alaska 99519.
    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 et seq.]; Council on Environmental Quality Regulations [40 CFR 
parts 1500 et seq.]; Federal-Aid Highway Act of 1970 [23 U.S.C. 109]; 
MAP-21, the Moving Ahead for Progress in the 21st Century Act [Pub. L. 
    2. Air: Clean Air Act [42 U.S.C. 7401 et seq.].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Land and Water Conservation Fund (LWCF) [54 
U.S.C. 200301 et seq.].
    4. Noise: Noise Control Act of 1972 [42 U.S.C. 4901 et seq.].
    5. Wetlands and Water Resources: Clean Water Act (Section 401 and 
Section 404) [33 U.S.C. 1251 et seq.] (Federal Water Pollution Control 
Act of 1972); Safe Drinking Water Act, as amended [42 U.S.C. 300f et 
seq.]; Coastal Zone Management Act [16 U.S.C. 1451 et seq.]; Wild and 
Scenic Rivers Act [16 U.S.C. 1271 et seq.].
    6. Wildlife: Endangered Species Act of 1973, as amended [16 U.S.C. 
1531 et seq.]; Marine Mammal Protection Act of 1972, as amended [16 
U.S.C. 1361 et seq.]; Fish and Wildlife Coordination Act, as amended 
[16 U.S.C. 661 et seq.]; Migratory Bird Treaty Act [16 U.S.C. 703-712]; 
Anadromous Fish Conservation Act [16 U.S.C. 757a-757g]; Magnuson-
Stevenson Fishery Conservation and Management Act, as amended [16 
U.S.C. 1801 et seq.].
    7. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 306108]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa et 
seq.]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et 
    8. Social and Economic: Title VI of the Civil Rights Act of 1964, 
as amended [42 U.S.C. 2000d et seq.]; Farmland Protection Policy Act 
(FPPA) [7 U.S.C. 4201 et seq.].
    9. Executive Orders: E.O. 13186--Responsibilities of Federal 
Agencies to Protect Migratory Birds; E.O. 11514--Protection and 
Enhancement of Environmental Quality; E.O. 11990--Protection of 
Wetlands; E.O. 11988--Floodplain Management; E.O. 13112--Invasive 
Species; 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).

    Issued on: August 29, 2017.
Sandra A. Garcia-Aline,
Division Administrator, Juneau, Alaska.
[FR Doc. 2017-18901 Filed 9-5-17; 8:45 am]

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