Notice of Final Federal Agency Actions on Proposed Highway in California

Rodney Whitfield
Federal Highway Administration
28 May 2020

[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32099-32100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11487]


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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), Department of 
Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans).

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans that are final. The actions relate 
to a proposed highway project, the State Route 74 Lower Ortega Highway 
Widening Project within the City of San Juan Capistrano and 
unincorporated Orange County (12-ORA-74 p.m. 1.0/2.1), in the 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 October 
26, 2020. 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: Smita Deshpande, Senior 
Environmental Planner, Caltrans-District 12, 1750 East Fourth Street, 
Suite 100, Santa Ana, California 92705, weekdays 8:00a.m. to 5:00p.m., 
telephone (657) 328-6151, email smita.desphande@dot.ca.gov. For FHWA, 
contact David Tedrick at (916)

[[Page 32100]]

498-5024 or email david.tedrick@dot.gov.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and Caltrans assumed, environmental responsibilities for this project 
pursuant to 23 U.S.C. 327. Notice is hereby given that 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: The State Route 74 (SR-74) Lower Ortega 
Highway Widening Project (FHWA Project No. 1200000051), which would 
widen SR-74 from two lanes to four lanes from Calle Entradero (PM 1.0) 
to 150 feet (ft) east of the City/County boundary (PM 2.1). The 
Proposed Project will provide one additional 12 ft lane in each 
direction, and a 12 ft painted median at the western portion within the 
project limits. In addition, a paved 5 ft and 8 ft shoulder will be 
provided on each side of the roadway to accommodate Class II (striped 
on-road) bicycle facilities. The shoulder will be 8 ft wide from 
Avenida Siega to the City/County boundary limits to merge with the 
completed County portion. The actions by the agencies, and the laws 
under which such actions were taken, are described in the Environmental 
Assessment (EA) for the project, approved on May 7, 2020, in the 
Caltrans Finding of No Significant Impact (FONSI), issued on May 7, 
2020 and in other documents in the project record. The EA, FONSI, and 
other project records are available by contacting Caltrans at the 
addresses provided above. The EA and FONSI can be obtained from any 
contact listed 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. 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.S.C. 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: May 21, 2020.
Rodney Whitfield,
Director, Financial Services, Federal Highway Administration, 
California Division.
[FR Doc. 2020-11487 Filed 5-27-20; 8:45 am]
BILLING CODE 4910-RY-P