[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44312-44313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17427]


-----------------------------------------------------------------------

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, Tukwila to Renton 
Improvement Project (I-5 to SR 169--Phase 2) (The Project) located in 
Tukwila and Renton; King County; I-405 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 any of the listed highway projects 
will be barred unless the claim is filed on or before January 26, 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: Stephen Boch, Major Projects Oversight 
Manager, Federal Highway Administration, Jackson Federal Building, 915 
2nd Avenue, Room 3142, Seattle, Washington, 98174; telephone: (206) 
220-7356; and e-mail: [email protected]. The FHWA Washington 
Division's Oversight Manager's regular office hours are between 8:00 
a.m. and 4:30 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: 
[email protected]. 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, Tukwila to Renton Improvement Project 
(I-5 to SR 169--Phase 2). The Project extends approximately four miles 
along I-405, from I-5 to SR 169, and approximately two miles along SR 
167, from I-405 to SW 43rd Street. The Project adds capacity to both I-
405 and SR 167; improves the SR 181 and SR 169 interchanges; 
reconstructs the SR 167 interchange consisting of general-purpose 
direct-connector ramp from southbound I-405 to southbound SR 167, HOV 
direct-connector ramps from northbound SR 167 to northbound I-405 and 
from southbound I-405 to southbound SR 167, and a split-diamond 
interchange at Lind Avenue and Talbot Road with connecting frontage 
roads. The actions by the Federal agencies, and the laws under which 
such actions were taken, are described in the April 2008 Environmental 
Assessment (EA) and Draft Section 4(f) Evaluation and in the July 18, 
2008 Finding of No Significant Impact (FONSI) and Final Section 4(f) 
Evaluation, 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/tripea.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

[[Page 44313]]

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 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: 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: July 24, 2008.
Stephen P. Boch,
Major Projects Oversight Manager, Seattle, Washington.
[FR Doc. E8-17427 Filed 7-29-08; 8:45 am]
BILLING CODE 4910-RY-P