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Notice of Final Federal Agency Actions on Proposed Highway in California

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Antonio Johnson
Date: 9 December 2022
Subjects: American Government , Roads & Highways

[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75687-75688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26753]


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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), and Federal 
Highway Administration.

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SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, Federal Highway Administration that 
are final. The actions relate to a proposed highway project, State 
Route 88 from just east of Comstock Road to just east of the City of 
Lockeford in San Joaquin County 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

[[Page 75688]]

before May 8, 2023. 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: John Thomas, Branch 
Chief, Northern San Joaquin Valley Management Branch 1, 2015 E Shields 
Avenue, Suite 100, Fresno, CA 93726, (559) 408-4496, 
john.q.thomas@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, Federal Highway Administration 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: Caltrans proposes to repair the roadway pavement to comply 
with Americans with Disabilities Act requirements for pedestrians, 
improve highway operations and Transportation Management Systems, and 
replace sign panels on State Route 88 in San Joaquin County from post 
miles 5.1 to 16.4 to address the deteriorating pavement and other 
multi-objective assets. The project will also add bike lanes and 
sidewalks for Complete Streets elements.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(FEA) for the project, approved on September 13, 2022, in the FHWA 
Finding of No Significant Impact (FONSI) issued on September 13, 2022, 
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. The Caltrans FEA and FONSI can be viewed and 
downloaded from the project website at: https://dot.ca.gov/caltrans-near-me/district-10/district-10-current-projects/state-route-88-lockeford-updates.
    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 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).

Antonio Johnson,
Director, Planning, Environment and Right of Way, Federal Highway 
Administration, California Division.
[FR Doc. 2022-26753 Filed 12-8-22; 8:45 am]
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