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Notice of Final Federal Agency Actions on Proposed Highway in Washington


American Government Topics:  Interstate Highway System

Notice of Final Federal Agency Actions on Proposed Highway in Washington

Daniel M. Mathis
Federal Highway Administration
30 April 2019


[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18338-18339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08636]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Washington

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA.

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SUMMARY: The FHWA final actions relate to a proposed highway project, 
I-405 between Mileposts 0 in Tukwila and Milepost 11.9 in Bellevue in 
the County King, State of Washington. Those actions grant 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 September 27, 2019. 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: Lindsey Handel, Area 
Engineer, Federal Highway Administration, 711 S Capitol Way, Suite 501, 
Olympia, WA 98501-1284, 360-753-9550. For Washington State Department 
of Transportation (WSDOT): Lisa Hodgson, I-405/SR 167 Deputy Program 
Administrator, Washington State Department of Transportation, 600 108th 
Avenue NE, Suite 405, Bellevue, Washington 98004, 425-456-8543, or 
hodgsol@wsdot.wa.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action(s) subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project in the State of Washington: 
The I-405, Tukwila to I-90 Vicinity Express Toll Lanes Project proposes 
roadway, structural, trail, and transit improvements in the I-405 
corridor from Tukwila (MP 0.0) near the I-5 interchange to north of the 
I-90 interchange (MP 11.9). The Project proposes developing a dual 
express toll lane (ETL) system in each direction of I-405 between the 
SR 167 interchange to north of I-90, by adding one lane in each 
direction and converting the existing high occupancy vehicle (HOV) lane 
to an ETL. The Project proposes rebuilding bridges at Renton Avenue, 
Cedar Avenue, May Creek, Sunset Boulevard North, and May Creek. The 
project also includes building direct access ramps and inline transit 
stations at NE 44th Street and 112th, local street improvements, and 
park-and-ride improvements. The Project also proposes building a 
segment of the Eastside Corridor Regional Trail in this area. Other 
improvements include ramp reconfigurations, stormwater facility 
expansion, fish passage improvements, constructing or relocating noise 
walls, pavement markings, drainage improvements, signing, illumination, 
intelligent transportation systems, barriers, and tolling gantries.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the I-405, Tukwila to I-90 
Vicinity Express Toll Lanes Project Environmental Assessment issued on 
July 9, 2018, Finding of No Significant Impact (FONSI) for the project 
published on April 12, 2019, and in other documents in the project 
records. The FONSI and other project records are available from FHWA 
and WSDOT at the addresses provided above and can be found online at: 
http://www.wsdot.wa.gov/projects/i405/rentontobellevue/tukwila-i-90-environmental-assessment.
    This notice applies to all Federal agency decisions that are final 
as of the issuance date of this notice and all laws

[[Page 18339]]

under which such actions were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) (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 (42 U.S.C. 7401-7671q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 (49 U.S.C. 303; 23 U.S.C. 138); Landscaping and Scenic Enhancement 
(Wildflowers) (23 U.S.C. 319).
    4. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544 and 
Section 1536); Marine Mammal Protection Act (16 U.S.C. 1361-1423h); 
Fish and Wildlife Coordination Act (16 U.S.C. 661-667d); Migratory Bird 
Treaty Act (16 U.S.C. 703-712).
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended (16 U.S.C. 470f); 
Archeological Resources Protection Act of 1977 (16 U.S.C. 470aa-470mm); 
Archeological and Historic Preservation Act (16 U.S.C. 469-469c); 
Native American Grave Protection and Repatriation Act (NAGPRA) (25 
U.S.C. 3001-3013).
    6. Social and Economic: American Indian Religious Freedom Act (42 
U.S.C. 1996); Farmland Protection Policy Act (FPPA) (7 U.S.C. 4201-
4209).
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) (33 U.S.C. 1251-1387); Land and Water 
Conservation Fund (LWCF) (16 U.S.C. 4601-4604); Safe Drinking Water Act 
(SDWA) (42 U.S.C. 300f-300j-26)); Rivers and Harbors Act of 1899 (33 
U.S.C. 401-406); Wild and Scenic Rivers Act (16 U.S.C. 1271-1287); 
Emergency Wetlands Resources Act, (16 U.S.C. 3901, 3921); Wetlands 
Mitigation (23 U.119(g) and 133(b)(14)); Flood Disaster Protection Act, 
42 U.S.C. 4012a, 4106).
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
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(l)(1).

    Issued on: April 19, 2019.
Daniel M. Mathis,
Division Administrator, Federal Highway Administration, Olympia, 
Washington.
[FR Doc. 2019-08636 Filed 4-29-19; 8:45 am]
 BILLING CODE 4910-RY-P




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