Notice of Final Federal Agency Actions on Proposed Highway in California

David Tedrick
Federal Highway Administration
21 July 2017

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Pages 33942-33943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15347]


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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), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA, the U.S. Army Corps of Engineers, and the U.S. Fish and 
Wildlife Service.

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SUMMARY: The FHWA is issuing this notice to announce actions taken by 
FHWA, the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife 
Service that are final within the meaning of applicable law. The FHWA 
is issuing this notice to announce to the public that FHWA, as NEPA 
lead agency, has prepared and approved (May 26, 2017) a Final 
Environmental Assessment (EA) with a Finding of No Significant Impact 
(FONSI) and Section 4(f) Evaluation. The actions relate to a proposed 
highway project: Widen approximately 12.6 miles of U.S. Highway 395 
from two lanes to four lanes from the existing four-lane highway 
segment just south of the Los Angeles Aqueduct Bridge No. 48-10 at post 
mile 29.2 north to the four-lane segment at the Ash Creek Bridge No. 
48-068R, post mile 41.8, in the County of Inyo, State of California. 
Those actions grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, 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 December 18, 2017. 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 FHWA: David Tedrick, Senior Environmental Specialist, Federal 
Highway Administration, 650 Capitol Mall, Suite 4-100, Sacramento, CA 
95814, (916) 498-5014, or email: david.tedrick@dot.gov.
    For Caltrans: John Thomas, Associate Environmental Planner, 
California Department of Transportation, 855 M Street, Suite 200, 
Fresno, CA 93721, (559) 445-6451, or email: john.q.thomas@dot.ca.gov.

SUPPLEMENTARY INFORMATION: The Final EA/EIR is a joint project by the 
California Department of Transportation (Caltrans) and the Federal 
Highway Administration (FHWA) and is subject to state and federal 
environmental review requirements. FHWA and Caltrans jointly prepared 
the Final EA/EIR pursuant to the requirements of the National 
Environmental Policy Act and the California Environmental Quality Act. 
Caltrans is the lead agency under the CEQA. The Federal Highway 
Administration is the lead agency under the NEPA.
    The project proposes to widen approximately 12.6 miles of U.S. 
Highway 395 from two lanes to four lanes from the existing four-lane 
highway segment just south of the Los Angeles Aqueduct Bridge No. 48-10 
at post mile 29.2 north to the four-lane segment at the Ash Creek 
Bridge No.

[[Page 33943]]

48-068R, post mile 41.8, in the County of Inyo, State of 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 May 26, 2017, in the FHWA Finding of 
No Significant Impacts (FONSI), also issued on May 26 2017, and in 
other documents in the FHWA project records. The FEA, FONSI, and other 
project records are available by contacting FHWA, at the address 
provided above. The FHWA FEA and FONSI can be viewed and downloaded 
from the project Web site at: http://www.dot.ca.gov/d9/projects/olancha/index.html.
    The U.S. Army Corps of Engineers decision and permit SPL-2009-
00965-TS, and the U.S. Fish and Wildlife biological opinion FWS-INY-
13B0156-14F0013 are available by contacting FHWA, at the address 
provided above. 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. Council on Environmental Quality regulations (40 CFR 1500 et 
seq.; 23 CFR 771);
    2. National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4351 et 
seq.);
    3. Clean Air Act of 1963, as amended (42 U.S.C. 7401 et seq.);
    4. Noise Control Act of 1979 (42 U.S.C. 4901 et seq.);
    5. FHWA Noise Standards, Policies, and Procedures (23 CFR 772);
    6. Department of Transportation Act of 1966, Section 4(f) (49 
U.S.C. 303);
    7. Clean Water Act of 1977 (33 U.S.C. 1344);
    8. Endangered Species Act of 1973 (16 U.S.C. 1531-1543);
    9. Migratory Bird Treaty Act (16 U.S.C. 703-712);
    10. National Historic Preservation Act of 1966, as amended (54 
U.S.C. 306108 et seq.);
    11. Executive Order 11990, Protection of Wetlands;
    12. Executive Order 11988, Floodplain Management;
    13. Executive Order 13112, Invasive Species;
    14. Executive Order 12898, Federal Actions to Address Environmental 
Justice and Low-Income Populations;
    15. Title VI of Civil Rights Act 1964 (42 U.S.C. 2000d et seq.), as 
amended.

(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).

David Tedrick,
Senior Environmental Specialist, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2017-15347 Filed 7-20-17; 8:45 am]
 BILLING CODE 4910-RY-P