Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11627 

alternative. The anticipated permits 

include: 

• 401 Water Quality Certification 

(from the Regional Water Quality 

Control Board under Section 401 of the 

Clean Water Act). 

• 404 Nationwide Permit (from the 

U.S. Army Corps of Engineers under 

Section 404 of the Clean Water Act). 

A public hearing/open house was 

held in Pacheco on August 22, 2006. 

The Environmental Assessment, 

Finding of No Significant Impact, which 

were approved on 26 November 2008, 

and other documents are available for 

public and agency review at the Caltrans 

address provided above. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the 

Environmental Assessment (EA) for the 

project, approved on 26 November 2008, 

in the FHWA Finding of No Significant 

Impact (FONSI) issued on 26 November 

2008, and in other documents in the 

FHWA project records. The EA, FONSI, 

and other project records are available 

by contacting Caltrans at the address 

provided above. The Caltrans EA and 

FONSI can be viewed and downloaded 

from the project Web site at http:// 

www.dot.ca.gov/dist4/envdocs.htm, or 

viewed at public libraries in the project 

area. 

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 Highway Act [23 U.S.C. 

109]. 

2. Air: Clean Air Act [42 U.S.C. 7401– 

7671(q)]. 

3. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and section 1536], 

Migratory Bird Treaty Act [16 U.S.C. 

703–712]. 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act, as amended [16 U.S.C. 

470(aa)–11]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act [25 

U.S.C. 3001–3013]. 

5. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; The Uniform Relocation 

Assistance Act and Real Property 

Acquisition Policies Act of 1970. 

6. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) [42 U.S.C. 9601–9675]; 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA); 

Resource Conservation and Recovery 

Act (RCRA) [42 U.S.C. 6901–6992(k)]. 

7. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority and 

Low Income Populations; 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 11, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–5808 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Washington 

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 FHWA that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed highway 

project, the SR 99 S. Holgate Street to 

S. King Street Viaduct Replacement 

Project, in the State of Washington. 

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 on the highway 

project will be barred unless the claim 

is filed on or before September 14, 2009. 

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: 

Sharon Love, Environmental Program 

Manager, Federal Highway 

Administration, 711 S. Capitol Way, 

Suite 501, Olympia, Washington, 98501; 

telephone: (360) 753–9558; and e-mail: 

sharon.love@dot.gov. The FHWA 

Washington Division’s Environmental 

Manager’s regular office hours are 

between 8 a.m. and 4:30 p.m. (Pacific 

Time). You may also contact Angela 

Freudenstein, Environmental Manager, 

999 Third Ave., Suite 2424, Seattle, WA 

98104; telephone: 206–382–5230; and email: freuda@wsdot.wa.gov. The SR 99 

Project’s regular office hours are 

between 8 a.m. and 5 p.m. (Pacific 

Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA has taken final 

agency actions by issuing licenses, 

permits, and approvals for the following 

highway project: SR 99 S. Holgate Street 

to S. King Street Viaduct Replacement 

Project. The purpose of the project is to 

replace the seismically vulnerable SR 99 

mainline with a seismically sound 

facility between approximately S. 

Holgate Street and S. King Street. The 

new SR 99 facility would maintain or 

improve access to, from, and across SR 

99 for general purpose vehicles, transit, 

and freight. The project is located in the 

south downtown (SODO) area of Seattle, 

King County. 

The actions by FHWA on this project, 

and the laws under which such actions 

were taken, are described in the June 

2008 Environmental Assessment (EA), 

February 2009 Finding of No Significant 

Impact (FONSI), and in other 

documents in the FHWA administrative 

record for the project. The EA, FONSI 

and other documents in the FHWA 

administrative record are available by 

contacting FHWA or the Washington 

State Department of Transportation at 

the addresses provided above. 

The EA and FONSI can be viewed and 

downloaded from the project Web site at 

www.alaskanwayviaduct.org or viewed 

at the Seattle Public Library as well as 

local neighborhood service centers in 

the project area. This notice applies to 

all Federal agency decisions on the 

project 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 [42 U.S.C. 4321–4351]; 

Federal-Aid Highway Act [23 U.S.C. 

109]. 

2. Air: Clean Air Act, as amended [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]; Anadromous 

Fish Conservation Act [16 U.S.C. 

757(a)–757(g)]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)]; Magnuson-Stevenson Fishery 

Conservation and Management Act of 


tjames on PRODPC61 with NOTICES
11628 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

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.]; Archaeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act [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 [7 U.S.C. 4201 

–4209]; the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319); 

Coastal Zone Management Act [16 

U.S.C. 1451–1465]; Land and Water 

Conservation Fund [16 U.S.C. 4601– 

4604]; Safe Drinking Water Act [42 

U.S.C. 300(f)–300(j)(6)]; Rivers and 

Harbors Act of 1899 [33 U.S.C. 401– 

406]; 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. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [PL 99–499]; Resource 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. Executive Orders: EO. 11990 

Protection of Wetlands; EO. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; EO. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred sites; 

E.O.13287 Preserve America; EO. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; EO. 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). 

Sharon Love, 

Environmental Program Manager, Olympia, 

Washington. 

[FR Doc. E9–5806 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–28055] 

Demonstration Project on NAFTA 

Trucking Provisions 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of termination of 

demonstration project. 

SUMMARY: The FMCSA announces 

termination of the demonstration project 

that allowed up to 100 Mexicodomiciled motor carriers to operate 

beyond the U.S. border commercial 

zones, and the same number of U.S. 

carriers to operate in Mexico. Section 

136 of the Transportation, Housing and 

Urban Development, and Related 

Agencies Appropriations Act, 2009, of 

the Omnibus Appropriations Act, 2009, 

prohibits FMCSA from using 

appropriated funds to continue the 

demonstration project. 

DATES: Effective Date: This notice is 

effective March 11, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dom Spataro, Division Chief, Telephone 

(202) 366–2995; e-mail 

dominick.spataro@dot.gov, or Mr. 

Marcelo Perez, Transportation 

Specialist, Telephone 512–916–5440 

extension 228, e-mail 

marcelo.perez@dot.gov of the North 

American Borders Division, FMCSA, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: Former 

Secretary of Transportation Mary E. 

Peters and Mexico’s Secretary of 

Communications and Transportation 

Luis Te ́llez Kuenzler announced a 

demonstration project to implement 

certain trucking provisions of the North 

American Free Trade Agreement 

(NAFTA) in February 2007. The 

demonstration project was initiated on 

September 6, 2007, after the Department 

of Transportation (DOT) complied with 

a number of conditions imposed by 

section 6901 of the U.S. Troop 

Readiness, Veterans’ Care, Katrina 

Recovery, and Iraq Accountability Act, 

2007, Public Law 110–28, 121 Stat. 112, 

183, May 25, 2007. Further details 

regarding DOT’s compliance with these 

conditions may be found in Federal 

Register notices published on June 8 

and August 17, 2007 (72 FR 31877 and 

72 FR 46263, respectively). The 

demonstration project was initially 

expected to last one year (see 72 FR 

23883, May 1, 2007). On August 6, 2008, 

FMCSA announced that the 

demonstration project was being 

extended from one year to the full three 

years allowed by statute (73 FR 45796). 

On March 11, 2009, the President 

signed into law the Omnibus 

Appropriations Act, 2009, Public Law 

111–8, division I, title I, 123 Stat. 524. 

Section 136 of the Transportation, 

Housing and Urban Development, and 

Related Agencies Appropriations Act, 

2009 (Division I, title I of the Omnibus 

Appropriations Act, 2009) provides: 

‘‘[N]one of the funds appropriated or 

otherwise made available under this Act 

may be used, directly or indirectly, to 

establish, implement, continue, 

promote, or in any way permit a crossborder motor carrier demonstration 

program to allow Mexican-domiciled 

motor carriers to operate beyond the 

commercial zones along the 

international border between the United 

States and Mexico, including 

continuing, in whole or in part, any 

such program that was initiated prior to 

the date of the enactment of this Act.’’ 

In accordance with section 136, 

FMCSA has terminated the cross-border 

demonstration project that began on 

September 6, 2007. The Agency has 

ceased processing applications by 

prospective project participants and has 

taken other necessary steps to comply 

with the provision. Further, as a 

condition of participating in this 

project, Mexico-domiciled motor 

carriers were required to submit to 

FMCSA Form OCE–46 (Request for 

Revocation of Registration). This form 

requests that any registration issued by 

FMCSA pursuant to the cross-border 

demonstration project be revoked upon 

termination of the project. The Agency 

has processed these forms and revoked 

all registrations issued in connection 

with the cross-border demonstration 

project. 

Issued on: March 13, 2009. 

Rose A. McMurray, 

Acting Deputy Administrator. 

[FR Doc. E9–5956 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–EX–P 


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