[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10584-10585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4136]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Revised Record of Decision and Notice of Final Federal Agency 
Actions on the West 11th Street to Garfield Street, Florence-Eugene 
Highway: Lane County, OR

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Availability of a revised Record of Decision for 
transportation improvements in Lane County, OR and Notice of 
Limitations on Claims for Judicial Review of Actions by FHWA.

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SUMMARY: The FHWA is issuing this notice to advise the public that a 
revised record of decision (ROD) has been made for the West 11th Street 
to Garfield Street, Florence-Eugene-Highway Final Environmental Impact 
Statement. This notice also announces actions taken by the FHWA that 
are final agency actions within the meaning of 23 U.S.C. 139(l)(1). 
These final agency actions relate to a proposed highway project, West 
11th Street to Garfield Street, Florence-Eugene Highway in Lane County, 
Oregon where the revised ROD amends FHWA's April 16, 1990 ROD that had 
selected Alternative 1 Modified, and selects the no-build alternative.
    The Final Environmental Impact Statement was approved and published 
by FHWA in January 1990 and a ROD was issued on April 16, 1990. This 
revised ROD amends FHWA's April 16, 1990 ROD that had selected 
Alternative 1 Modified, and selects the no-build alternative. In large 
part, FHWA selects the no-build alternative in the revised ROD based 
on: public and resource agency input, including the Oregon DOT; a Lane 
Council of Governments resolution; and, a conflict assessment report 
prepared by FHWA and the City of Eugene. While the no-build does not 
satisfy an existing transportation need in the area, selecting the no-
build alternative is in the best overall public interest at this time.

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 4, 2007. 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: Michelle Eraut, Environmental Program 
Manager, Federal Highway Administration, 530 Center Street, NE., Suite 
100, Salem, Oregon 97301, Telephone: (503) 587-4716, or Ken Kohl, 
Project Manager, Oregon Department of Transportation, 644 ``A'' Street, 
Eugene, Oregon 97477, Telephone: (541) 747-1496. The FEIS, revised ROD, 
and other project records are available upon written request from the 
Federal Highway Administration at the address shown above. Comments or 
questions concerning this proposed action and the revised ROD should be 
directed to the FHWA at the address provided above.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing a 
decision for the following highway project in the State of Oregon: West 
11th Street to Garfield Street, Florence-Eugene Highway. This project 
identified a need to address capacity constraints and safety 
considerations on the current Florence-Eugene Highway on the western 
edge of Eugene, Oregon. The federal-aid identifier for this project is 
F 025(003). The actions by the Federal agency and the laws under which 
such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS) for the project, approved in January 1990, in 
the FHWA Revised ROD issued on October 24, 2006, and in other documents 
in the FHWA project records. 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. 7401-7671(q)].

[[Page 10585]]

    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]; 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)-470(ll)]; 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]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(DSWA) [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]; 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. 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: March 1, 2007.
Michelle Eraut,
Environmental Program Manager, Salem, Oregon.
 [FR Doc. E7-4136 Filed 3-7-07; 8:45 am]
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