Notice of Final Federal Agency Actions on Proposed Highway in California; Notice of Statute of Limitations on Claims

Gary Sweeten
Federal Highway Administration
April 14, 2014

[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Notices]
[Pages 20966-20967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08308]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California; Notice of Statute of Limitations on Claims

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. 139(l)(1). The actions relate to a proposed highway 
project, Ferguson Slide Permanent Restoration Project on State Route 
140 from 8 miles east of Briceburg to 7.6 miles west of El Portal in 
the County of Mariposa, 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 September 
11, 2014. 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: California Department of 
Transportation, Scott Smith, Branch Chief, Central Sierra Environmental 
Analysis, 800 M. Street, Suite 200, Fresno, CA 93721, (559) 445-6172, 
scott.smith@dot.ca.gov, Mon.-Fri. 9:00 a.m.-5:00 p.m.

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, have 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: Ferguson Slide Permanent 
Restoration Project on State Route 140 from 8 miles east of Briceburg 
to 7.6 miles west of El Portal in the County of Mariposa, California. 
Caltrans proposes to restore full highway access between Mariposa and 
Yosemite via State Route 140 in Mariposa County, California, by 
repairing or permanently bypassing the portion of State Route 140 that 
was blocked and damaged by the Ferguson rockslide. The existing detour 
was constructed during a declared emergency and was designed as a 
temporary solution to the closure of State Route 140. The total length 
of the project area is 0.7 mile. The actions by the Federal agencies, 
and the laws under which such actions were taken, are described in the 
Final Environmental Impact Statement (FEIS) for the project, approved 
on January 28, 2014, in the FHWA Record of Decision (ROD) issued on 
April 1, 2014, and in other documents in the FHWA project records. The 
FEIS, ROD, and other project records are available by contacting 
Caltrans at the addresses provided above. The Caltrans FEIS and ROD can 
be viewed and downloaded from the project Web site at http://www.dot.ca.gov/dist10/environmental/projects/fergusonslide/EnvironmentalDocuments.html.
    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. 
4321-4335].
    2. Air: Clean Air Act [23 U.S.C. 109(j) and 42 U.S.C 7521(a)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; Wild and Scenic Rivers Act [16 
U.S.C. 1271-1287]; The Public Health and Welfare [42 U.S.C. 
4331(b)(2)].
    4. Wildlife: Federal Endangered Species Act [16 U.S.C. 1531-1543]; 
Fish and Wildlife Coordination Act [16

[[Page 20967]]

U.S.C. 661-666(C); Migratory Bird Treaty Act [16 U.S.C. 760c-760g].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470 (ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: NEPA implementation [23 U.S.C. 109(h)]; 
Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1344]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 13112 
Invasive Species; E.O. 11988 Floodplain management; 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: April 8, 2014.
Gary Sweeten,
Team Leader North, Project Delivery, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2014-08308 Filed 4-11-14; 8:45 am]
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