[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55896-55897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22695]


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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.

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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: 
[email protected]. 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: [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, 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

[[Page 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]
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