[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55895-55896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22572]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Nevada

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA, United States Fish and Wildlife Service (USFWS), and Other 
Federal Agencies.

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SUMMARY: This notice announces actions taken by the FHWA, USFWS, 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, U.S. 
Highway 95 (US 95), from Washington Avenue to Kyle Canyon Road (State 
Route 157) for a distance of 13 miles, in Clark County in the State of 
Nevada. 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 March 25, 2009. If the Federal 
law that authorizes judicial review of a claim provides a time period 
less than 180 days for filing such claim, then that shorter time period 
still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Abdelmoez Abdalla, 
Environmental Program Manager, Federal Highway Administration, 705 
North Plaza Street, Carson City, Nevada 89701-0602; telephone: (775) 
687-1231; e-mail <a href="/cdn-cgi/l/email-protection#d293b0b6b7bebfbdb7a8fc93b0b6b3bebeb392b4baa5b3fcb6bda6fcb5bda4"><span class="__cf_email__" data-cfemail="d697b4b2b3babbb9b3acf897b4b2b7babab796b0bea1b7f8b2b9a2f8b1b9a0">[email protected]</span></a>. The FHWA Nevada 
Division Office's regular business hours are 7:30 a.m. to 4 p.m. 
(Pacific Standard Time). For the Nevada Department of Transportation 
(NDOT): Mr. Steve M. Cooke, P.E., Chief, Environmental Services 
Division, Nevada Department of Transportation, 1263 South Stewart 
Street, Carson City, Nevada 89712; telephone: (775) 888-7013; e-mail: 
<a href="/cdn-cgi/l/email-protection#7d0e1e121216183d191209530e091c091853130b53080e"><span class="__cf_email__" data-cfemail="bccfdfd3d3d7d9fcd8d3c892cfc8ddc8d992d2ca92c9cf">[email protected]</span></a>. The NDOT office's regular business hours are 8 
a.m. to 5 p.m. (Pacific Standard Time). For USFWS: Mr. Michael 
Burroughs, U.S. Fish and Wildlife Service, 4701 North Torrey Pines 
Drive, Las Vegas, Nevada 89130; telephone: (702) 515-5230; e-mail 
<a href="/cdn-cgi/l/email-protection#1d50747e757c7871425f686f6f72687a756e5d7b6a6e337a726b"><span class="__cf_email__" data-cfemail="e9a4808a81888c85b6ab9c9b9b869c8e819aa98f9e9ac78e869f">[email protected]</span></a>. The U.S. Fish and Wildlife Service office's 
regular business hours are 7:30 a.m. to 4 p.m. (Pacific Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, USFWS, 
and other Federal agencies have taken final agency actions subject to 
23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following highway project in Clark County in the State of Nevada. The 
proposed improvements to US 95, from Washington Avenue to Kyle Canyon 
Road (State Route 157), a distance of 13 miles, would consist of 
widening the roadway to include one high-occupancy vehicle (HOV) lane 
in each direction and six general purpose lanes (three in each 
direction) from Durango Drive to Kyle Canyon Road. Other project 
components would include new service interchanges at Horse Drive and 
Kyle Canyon Road, the system-to-system interchange between US 95 and 
the Bruce Woodbury Beltway (CC-215), and improvements to Cheyenne 
Avenue, Rancho Drive/Ann Road, and Durango Drive. The federal project 
reference number is SPF-095-2(043). The actions by the Federal 
agencies, and the laws under which

[[Page 55896]]

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


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