55896 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 

actions were taken, are described in the 

Environmental Assessment (EA) for US 

95 Northwest Washington Avenue to 

Kyle Canyon Road, FHWA–NV–EA 

07.01. A Finding of No Significant 

Impact (FONSI) was issued on May 7, 

2008. The EA, FONSI, and other project 

records are available by contacting the 

FHWA or the NDOT Environmental 

Services Division at the addresses 

provided above. USFWS also issued its 

biological opinion (File No. 84320– 

2008–F–0428) for the project’s possible 

adverse effects on the desert tortoise 

(Gopherus agassizii) on August 22, 

2008. The USFWS biological opinion is 

available by contacting the USFWS at 

the address provided above. 

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]; Public 

Hearing [23 U.S.C. 128]. 

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

7671(q)]. 

3. Noise: Procedures for Abatement of 

Highway Traffic Noise and Construction 

Noise [23 U.S.C. 109(h), 109(i); 42 

U.S.C. 4331, 4332; sec. 339(b), Pub. L. 

104–59, 109 Stat. 568, 605; 49 CFR 

1.48(b)]. 

4. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]. 

5. 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]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]. 

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 

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 16, 2008. 

Susan Klekar, 

Division Administrator, Carson City, Nevada. 

[FR Doc. E8–22572 Filed 9–25–08; 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 

and other federal agencies. 

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 the I–405, NE 8th Street 

to SR 520 Improvement Project (The 

Project) located in Bellevue; King 

County; I–405 in the State of 

Washington. These 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 any of the 

listed highway projects will be barred 

unless the claim is filed on or before 

March 25, 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: Pete 

Jilek, Urban Area Engineer, Federal 

Highway Administration, 711 S. Capitol 

Way #501, Olympia, Washington 98501; 

telephone: (360) 753–9480; and e-mail: 

pete.jilek@fhwa.dot.gov. The FHWA 

Washington Division’s Urban Area 

Engineer’s regular office hours are 

between 7 a.m. and 4 p.m. (Pacific 

Time). You may also contact William 

Jordan, I–405 Environmental Manager, 

Washington State Department of 

Transportation, 600–108th Avenue, NE., 

Suite 405, Bellevue, Washington 98004; 

telephone: (425) 456–8547; and e-mail: 

william.jordan@i405.wsdot.wa.gov. The 

I–405 Corridor Program’s regular office 

hours are between 8 a.m. and 5 p.m. 

(Pacific Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following highway 

project in the State of Washington: I– 

405, NE 8th Street to SR 520 

Improvement Project. The Project 

extends approximately 1.5 miles north 

along I–405 from south of NE 8th Street 

to the SR 520 interchange and 

approximately 1.6 miles east along SR 

520, from the I–405 interchange to just 

east of 134th Avenue, NE. The Project 

improves safety and reduces congestion 

in the vicinity of the I–405 and SR 520 

interchange in Bellevue. The Project 

constructs grade-separated ramps on 

northbound I–405 to separate the I–405 

traffic exiting to SR 520 from traffic 

entering I–405 at NE 8th Street in 

downtown Bellevue; reconstructs the 

NE 12th Street bridge over I–405, 

constructs a new three-lane eastbound 

collector-distributor lane on SR 520 to 

separate the on- and off-ramp traffic 

between I–405 and 124th Avenue, NE.; 

and reconstructs the 124th Avenue, NE. 

interchange off-ramp. These actions by 

the Federal agencies, and the laws 

under which such actions were taken, 

are described in the May 2008 

Environmental Assessment (EA) and in 

the September 17, 2008 Finding of No 

Significant Impact (FONSI), and in other 

documents in the FHWA administrative 

record. The EA, FONSI and other 

documents in the FHWA administrative 

record are available by contacting 

FHWA or WSDOT at the addresses 

provided above. The EA can be viewed 

and downloaded from the project Web 

site at http://www.wsdot.wa.gov/ 

Projects/i405/corridor/ 

sr520tone8thEA.htm or viewed at public 

libraries in the project area. Since 

federal funding is not currently 

available for this project, an FHWA 

project number has not been 

established. 

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 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 55897 

Conservation and Management Act of 

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 [Pub. L. 99–499]; Resource 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. 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 22, 2008. 

Peter A. Jilek, 

Urban Area Engineer, Olympia, Washington. 

[FR Doc. E8–22695 Filed 9–25–08; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Limitation on Claims Against 

Proposed Public Transportation 

Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of limitation on claims. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for public transportation projects in the 

following areas: Fort Collins, Colorado; 

Belle Glade, Florida; Gustavus, Alaska; 

Dallas, Texas; West Covina, California; 

and Andover, New Jersey. The purpose 

of this notice is to announce publicly 

the environmental decisions by FTA on 

the subject projects and to activate the 

limitation on any claims that may 

challenge these final environmental 

actions. 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to Title 23, United States Code 

(U.S.C.), section 139(l). A claim seeking 

judicial review of the FTA actions 

announced herein for the listed public 

transportation projects will be barred 

unless the claim is filed on or before 

March 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Zelasko, Environmental 

Protection Specialist, Office of Planning 

and Environment, 202–366–0244, or 

Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, 202– 

366–1733. FTA is located at 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 9 a.m. to 

5:30 p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency actions by issuing certain 

approvals for the public transportation 

projects listed below. The actions on 

these projects, as well as the laws under 

which such actions were taken, are 

described in the documentation issued 

in connection with the project to 

comply with the National 

Environmental Policy Act (NEPA), and 

in other documents in the FTA 

administrative record for the project. 

The final agency environmental 

decision documents—Records of 

Decision (ROD) or Findings of No 

Significant Impact (FONSI)—for the 

listed projects are available online at 

http://www.fta.dot.gov/planning/ 

environment/ 

planning_environment_documents.html 

or may be obtained by contacting the 

FTA Regional Office for the 

metropolitan area where the project is 

located. Contact information for the 

FTA Regional Offices may be found at 

http://www.fta.dot.gov. 

This notice applies to all FTA 

decisions on the listed projects as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including, but not limited to, the 

National Environmental Policy Act 

(NEPA) [42 U.S.C. 4321–4375], Section 

4(f) of the Department of Transportation 

Act of 1966 [49 U.S.C. 303], Section 106 

of the National Historic Preservation Act 

[16 U.S.C. 470f], and the Clean Air Act 

[42 U.S.C. 7401–7671q]. 

The projects and actions that are the 

subject of this notice are: 

1. Project name and location: The 

Mason Corridor MAX Bus Rapid Transit 

(BRT) Project, Fort Collins, Colorado. 

Project sponsor: City of Fort Collins. 

Project description: The FTA and City of 

Fort Collins have completed an 

Environmental Assessment (EA) for a 

five-mile, north-south BRT system that 

will be located in the central area of Fort 

Collins. The BRT system that extends 

from Cherry Street to south of Harmony 

Road will involve 3.6 miles of exclusive 

guideway with 1.4 miles of mixed street 

traffic. The project will also include a 

transit center, two-way conversion of N. 

Mason Street and Howes Street, and 

several park-n-ride lots and BRT 

stations. Final Agency Actions: FONSI 

signed on September 9, 2008. Section 

106 Memorandum of Agreement signed 

on August 1, 2008; Project-level Air 

Conformity Determination; and Section 

4(f) de minimis impact finding. 

Supporting documentation: Mason 

Corridor Mason Express Bus Rapid 

Transit Environmental Assessment 

signed May 27, 2008. 

2. Project name and location: Palm 

Tran Satellite Bus Facility, Belle Glade, 

Florida. Project sponsor: Palm Tran. 

Project description: The project involves 

the construction of a satellite bus 

facility with a 7,600-square-foot 

maintenance and bus storage building, 

and a bus parking area. The satellite bus 

facility will be near Belle Glade, Florida 

and built as a joint project with the West 

County Government Center and 

Correctional Facilities. Final agency 

actions: FONSI signed on August 11, 

2008; Project-level Air Conformity 

Determination; Section 106 Finding of 

No Historic Properties Affected. 

Supporting documentation: Palm Tran 


jlentini on PROD1PC65 with NOTICES