Notice of Final Federal Agency Actions on Proposed Highway in New Hampshire

Kathleen O. Laffey
Federal Highway Administration
September 28, 2010

[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]               
[Page 59787-59788]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se10-131]                         

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

 
Notice of Final Federal Agency Actions on Proposed Highway in New 
Hampshire

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 the FHWA and other 
Federal agencies that are final within the meaning of 23 
U.S.C.139(l)(1). The actions relate to a proposed highway project in 
Rockingham and Hillsborough Counties in the State of New Hampshire, 
Interstate 93 extending from the Massachusetts/New Hampshire state line 
northward approximately 19.8-miles through the Towns of Salem, Windham, 
Derry and Londonderry, and ending at the I-93/I-293 interchange in the 
City of Manchester. Those actions grant licenses, permits, and 
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 that are covered by this notice will be 
barred unless the claim is filed on or before March 28, 2011. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 180 days for filing such claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Jamison S. Sikora, 
Environmental Programs Manager, Federal Highway Administration, 19 
Chenell Drive, Suite One, Concord, NH, 03301, Office Hours: 8 a.m. to 4 
p.m., (603) 228-3057, e-mail: Jamie.Sikora@.dot.gov. For NHDOT: William 
J. Cass, P.E., Director of Project Development, NH Department of 
Transportation, 1 Hazen Drive, PO Box 483, Concord, NH 03302, Office 
Hours: 8 a.m. to 4 p.m., (603) 271-6152, e-mail: bcass@dot.state.nh.us.

SUPPLEMENTARY INFORMATION: On May 30, 2007, the FHWA published a 
``Notice of Final Federal Agency Actions on the Proposed Highway in New 
Hampshire'' in the Federal Register at 72 FR 30047-01 for the following 
highway project in the State of New Hampshire: improvements to an 
approximately 19.8-mile segment of the Interstate 93 corridor between 
Salem and Manchester, New Hampshire. Improvements consist of widening 
the existing four-lane Interstate highway to eight lanes, improvements 
at each of the five interchange locations along this highway segment, 
and addressing existing geometric deficiencies. Improvements to the 
corridor are considered necessary to improve transportation efficiency 
and reduce safety deficiencies. The FHWA project number is IM-IR-93-
1(174)0. Federal agency actions covered by the May 30, 2007 FHWA notice 
include Final Environmental Impact Statement (FEIS) for the project, 
approved on April 28, 2004, FHWA Record of Decision (ROD) issued on 
June 28, 2005, and U.S. Army Corps of Engineers decision and permit 
(USACE Permit No. 199201232/NAE-2004-233). Notice is hereby given that 
subsequent to the May 30, 2007 FHWA notice, FHWA has taken final agency 
actions within the meaning of 23 U.S.C.

[[Page 59788]]

139(l)(1) by issuing approvals for the highway project. The FHWA's 
actions and the laws under which such actions were taken, are described 
in the FHWA Final Supplemental Environmental Impact Statement (FSEIS) 
for the project, approved on May 3, 2010, in the FHWA Supplemental 
Record of Decision (SROD) issued on September 20, 2010, and in other 
documents in the FHWA administrative record. The FSEIS, SROD, and other 
documents in the FHWA administrative record file are available by 
contacting the FHWA or the New Hampshire Department of Transportation 
at the addresses provided above. The FHWA FSEIS and SROD can be viewed 
and downloaded from the project Web site at http://
www.rebuildingi93.com/.
    This notice applies to all FHWA and other Federal agency actions 
taken after the May 30, 2007 FHWA Federal Register Notice described 
above. The laws under which actions were taken may include, but are 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].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(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 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], 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. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; 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: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; 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, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); 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. 3921, 3931; TEA-21 Wetlands 
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    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: September 20, 2010.
Kathleen O. Laffey,
Division Administrator, Federal Highway Administration, New Hampshire 
Division, Concord, New Hampshire.
[FR Doc. 2010-24097 Filed 9-27-10; 8:45 am]
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