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###### Department of Transportation

###### Federal Highway Administration

# AGENCY:

Federal Highway Administration (FHWA), DOT.

# ACTION:

Notice of Limitation on Claims for Judicial Review of Actions by FHWA.

# SUMMARY:

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The action relates to a proposed highway project on the Parks Highway from Lucus Road to Big Lake Road, in the Matanuska-Susitna Borough, State of Alaska. Those actions grant approval 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 listed highway project will be barred unless the claim is filed on or before May 16, 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:

                        Mr. Alex Viteri, Central Region Area Engineer, FHWA Alaska Division, P.O. Box 21648, Juneau, Alaska 99802-1648; office hours 8 a.m. to 4:30 p.m. (AST), phone (907) 586-7544; e-mail                         *Alex.Viteri@dot.gov.*                         You may also contact Brian Elliott, DOT&PF Central Region, Regional Environmental Manager, Alaska Department of Transportation and Public Facilities, 4111 Aviation Drive, P.O. Box 196900, Anchorage, Alaska 99519-6900; office hours 7:30 a.m. to 4 p.m. (AST), phone (907) 269-0539, e-mail                         *brian.elliott@alaska.gov.*

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the FHWA has taken final agency actions subject to 23 U.S.C. 139(I)(1) by issuing approvals for the following highway project in the State of Alaska: Project No. IM-0A4-1(23)/57178; Project Location: Project begins within the City of Wasilla, extends through Meadow Lakes and ends within the City of Houston, Matanuska-Susitna Borough, Alaska. Project type: Road improvements between Lucus Road and Big Lake Road, a distance of approximately eight miles. The five-lane section east of the project would be extended one mile west from Lucus Road to Church Road and the existing two-lane section west of Church Road would be upgraded to a four-lane divided highway with a depressed grass median from Church Road west to Big Lake Road. Existing frontage roads would be improved, and the existing 10-foot wide pedestrian pathway would be reconstructed and/or relocated as necessary. The project also includes construction of two bridges, drainage improvements, and continuous illumination.

                    The actions by the Federal agency on the project, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) issued for the project, approved on September 12, 2010 and in other documents in the FHWA project files or the State of Alaska Department of Transportation & Public Facilities. The EA, FONSI, and other documents from the FHWA project records files are available by contacting the FHWA or the State of Alaska Department of Transportation & Public Facilities at the addresses provided above. The EA and FONSI documents can be viewed and downloaded from the project Web site at                     *http://www.parkshighway44-52.info/​*                     or viewed at 4111 Aviation Avenue, Anchorage, Alaska 99519.                

This notice applies to all FHWA decisions and approvals on the project as of the issuance date of this notice and all laws and Executive Orders 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. 7401-7671(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 of 1973 [16 U.S.C. 1531-1544 and Section 1536]; Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management Act 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.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(II)]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)].                

                    6.                     *Social and Economic:*                     Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; 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. 1251-1377]; Coastal Zone Management Act [16 U.S.C. 1451-1465]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 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. 13186 Migratory Birds; 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: November 2, 2010.

David C. Miller,

Division Administrator, Juneau, Alaska.

[FR Doc. 2010-28942 Filed 11-16-10; 8:45 am]

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