Notice of Final Federal Agency Actions on Proposed Highway in Hawaii |
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Mayela Sosa
Federal Highway Administration
July 20, 2015
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42864-42865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17700]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Hawaii
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for judicial review of actions
by FHWA and other Federal agencies.
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SUMMARY: This notice announces actions taken by FHWA and other Federal
agencies that are final within the meaning of 23 U.S.C. 139(1)(1). The
actions relate to the Queen Ka`ahumanu Highway Widening project located
in North Kona, in the State of Hawai'i. These actions grant licenses,
permits, and approvals for the project.
DATES: By this notice, FHWA is advising the public of final agency
actions subject to 23 U.S.C. 139(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 December 17, 2015. 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: Mayela Sosa, Division Administrator,
Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206,
Honolulu, Hawaii 96850, Telephone: (808) 541-2700; or Raymond J.
McCormick, Highways Administrator, State of Hawaii Department of
Transportation, 869 Punchbowl Street, Honolulu, Hawaii 96813,
Telephone: (808) 587-2220;
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other
Federal agencies have taken final agency actions by issuing licenses,
permits, and approvals for the following: In 1996, FHWA and HDOT
published the EA to widen Queen Ka`ahumanu Highway from a two lane to
four lane facility. The FHWA issued a Finding of No Significant Impact
on June 10, 1996. The original project limits extended from Palani Road
to Keahole Airport Access Road, a total project length of 8.0 miles.
However, due to funding constraints, the project was split into
[[Page 42865]]
two phases. Phase 1 covered widening and improvements on Queen
Ka`ahumanu Highway from Palani Road to Kealakehe Parkway, a distance of
2.8 miles, while Phase 2 covers the remaining 5.2 miles from Kealakehe
Parkway to Keahole Airport Access Road. Construction of Phase 1 was
completed in 2009.
These actions by the Federal agencies, and the laws under which
such actions were taken, are described in the 1996 Environmental
Assessment (EA), FONSI, and May 15, 2015, Reevaluation, and in other
documents in the FHWA administrative record. The EA, FONSI,
Reevaluation and other documents in the FHWA administrative record are
available by contacting HDOT or FHWA at the addresses provided above.
This notice applies to all Federal agency decisions on the project
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 [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act, as amended [42 U.S.C. 7401-767l(q)].
3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers)
[23 U.S.C. 319].
4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544];
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Magnuson-Stevenson
Fishery Conservation and Management Act of 1976, as amended [16 U.S.C.
1801 et seq.].
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.]; Archaeological Resources Protection Act of 1977 [16 U.S.C.
470(aa)-ll]; Archaeological and Historic Preservation Act [16 U.S.C.
469-469(c)]; Native American Grave Protection and Repatriation Act [25
U.S.C. 3001-3013].
6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(l)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; the Uniform
Relocation Assistance and Real Property Acquisition Policies Act
of1970, as amended [42 U.S.C. 61].
7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management
Act [16 U.S.C. 1451-1464]; Land and Water Conservation Fund [16 U.S.C.
4601-4604]; Safe Drinking Water Act [42 U.S.C. 300(f)-300G)(6)]; Rivers
and Harbors Act of 1899 [33 U.S.C. 401-406]; Wetlands Mitigation [23
U.S.C. 103(b)(6)(m),133(b)(11)]; Flood Disaster Protection Act [42
U.S.C. 4001-4128].
9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
and 13690, Floodplain Management; E.O. 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low Income
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species.
(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(1)(1).
Issued on: July 9, 2015.
Mayela Sosa,
Division Administrator, Honolulu, HI.
[FR Doc. 2015-17700 Filed 7-17-15; 8:45 am]
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