Notice of Final Federal Agency Actions on Proposed Highway in California

Rebecca Bennett
Federal Highway Administration
February 15, 2013

[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Page 11267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03535]


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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 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 within the meaning 
of 23 U.S.C. Sec.  139(l)(1). The actions relate to a proposed highway 
project on the West Mission Bay Drive crossing of the San Diego River 
flood control channel between West Mission Bay Drive/Sea World Drive 
intersection and the Sports Arena Boulevard/I-8 intersection in the 
County of San Diego, 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 July 15, 
2013. 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: Kevin Hovey, Senior 
Environmental Planner, Caltrans, 4050 Taylor Street, San Diego, CA 
92110, 7 a.m.-3 p.m., 619-688-0240, Kevin_Hovey@dot.ca.gov.

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: Improve the West Mission Bay Drive 
Bridge by removing the existing four-lane bridge and replacing it with 
two, new, three-lane, parallel bridge structures. The total length of 
the new bridge will be approximately 1,300 feet. The project is located 
within the City of San Diego and spans the San Diego River flood 
control channel between West Mission Bay Drive/Sea World Drive 
intersection and the Sports Arena Boulevard/I-8 intersection. The 
federal aide project number is BHLS-5004(049). The actions by the 
Federal agency, and the laws under which such actions were taken, are 
described in the Final Environmental Assessment (FEA) for the project, 
approved on 2/8/13, in the FHWA Finding of No Significant Impact 
(FONSI) issued on 2/8/13, and in other documents in the FHWA project 
records. The FEA, FONSI, and other project records are available by 
contacting Caltrans at the addresses 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
2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 
4321 et seq.
3. Federal-Aid Highway Act of 1970, 23 U.S.C 109
4. MAP-21, the Moving Ahead for Progress in the 21st Century Act (Pub. 
L. 112-141)
5. Clean Air Act Amendments of 1990 (CAAA)
6. Clean Water Act of 1977 and 1987
7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 
1977 & 1987)
8. Federal Land Policy and Management Act of 1976 (Paleontological 
Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944, as amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection of Wetlands
13. Executive Order 13112, Invasive Species
14. Executive Order 13186, Migratory Birds
15. Fish and Wildlife Coordination Act of 1934, as amended
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 
1006-1007
18. Wildflowers, Surface Transportation and Uniform Relocation Act of 
1987 Section 130
19. Coastal Zone Management Act of 1972
20. Coastal Zone Management Act Reauthorization Amendments Of 1990
21. Executive Order 11988, Floodplain Management
22. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of 1964, as amended
25. Executive Order 12898, Federal Actions to Address Environmental 
Justice 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: February 11, 2013.
Rebecca Bennett,
Director, Local Programs, Federal Highway Administration, Sacramento, 
California.
[FR Doc. 2013-03535 Filed 2-14-13; 8:45 am]
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