Limitation on Claims for Judicial Review; Re-Evaluation With Respect to the Willits Bypass Project, Willits, CA

Michael J. Duman
Federal Highway Administration
July 23, 2012

[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43143-43144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17875]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Limitation on Claims for Judicial Review; Re-Evaluation With 
Respect to the Willits Bypass Project, Willits, CA

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by the California Department of Transportation.

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SUMMARY: This notice announces that Federal actions taken by the 
California Department of Transportation (Caltrans) pursuant to its 
assigned responsibilities under 23 U.S.C. 327 are final within the 
meaning of 23 U.S.C. 139(l)(1). FHWA, on behalf of Caltrans, is issuing 
this notice to announce that, with respect to the State Route 101 
Willits Bypass Project in Willits (Mendocino County), California, two 
Re-evaluations were prepared in order to determine whether a 
supplemental Environmental Impact Statement (SEIS) should be 
undertaken. Based upon the analyses contained in the Re-evaluations, 
Caltrans has made the determination that preparation of a SEIS is not 
warranted and will therefore not be undertaken.

SUPPLEMENTARY INFORMATION: Caltrans conducted two Re-evaluations of the 
Final Environmental Impact Statement (FEIS) issued by FHWA in October 
2006 (a Record of Decision for which was posted in the Federal Register 
in January 2007). The first Re-evaluation was conducted in June 2010 in 
response to new information and changes that were made to the project, 
including changes to the preferred alignment to reduce and/or avoid 
impacts, acquisition of mitigations parcels, and relocation of 
utilities.
    The second Re-evaluation was conducted in December 2011 in response 
to new information and changes that were made to the project, including 
changes and new information pertaining to Baker's Meadowfoam, 
agricultural lands, fires, floods, invasive plants, and economic 
impacts of the mitigation parcels, greenhouse gas, aesthetics, historic 
properties, and land use.
    The purpose of the Re-evaluations was to examine potential 
environmental impacts resulting from the new information and proposed 
changes to the Willits Bypass Project and in order to determine whether 
a SEIS should be prepared in accordance with 40 CFR 1502.9(c). Based 
upon the Re-evaluations, Caltrans made the determination that 
preparation of a SEIS

[[Page 43144]]

was not warranted and would not be undertaken (Caltrans made the 
determination for the first Re-evaluation on June 17, 2010 and for the 
second Re-evaluation on December 28, 2011).
    A claim seeking judicial review of the June 2010 and December 2011 
Federal agency determinations to not undertake a SEIS will be barred if 
the claim is not filed within 180 days of the initial publication of 
this notice in the Federal Register.
    Copies of the Re-evaluations are available for review by 
appointment only at the following locations. Please call to make 
arrangements for viewing:
    Caltrans, District 3 Office, 703 B Street, Marysville, CA 95901, 
530-741-4393, and Caltrans, District 3 Office, 2379 Gateway Oaks Drive, 
150, Sacramento, CA, 916-274-0586.

FOR FURTHER INFORMATION CONTACT: John Webb, Supervisory Environmental 
Planner, California Department of Transportation, 703 B Street, 
Marysville, CA 95901, 530-741-4393, John_Webb@dot.ca.gov.
    Issued in Sacramento, California, July 12, 2012.

(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.)

    Issued on: July 17, 2012.
Michael J. Duman,
Chief Operating Officer, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2012-17875 Filed 7-20-12; 8:45 am]
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