Notices. Notice of limitations on claims for judicial review of actions by FHWA

825 words·~4 min read·/register/2011/07/29/2011-19199

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BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on I-5: Fern Valley Interchange Project: Jackson County, OR AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitations on claims for judicial review of actions by FHWA. SUMMARY: This notice announces actions taken by the FHWA, National Marine Fisheries Service

(NMFS)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, I-5: Fern Valley Interchange in Jackson County, Oregon. This action grants approval 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 January 25, 2012. 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: Michelle Eraut, Environmental Program Manager, Federal Highway Administration, 530 Center Street, NE., Suite 420, Salem, Oregon 97301, Telephone:

(503)316-2559. The I-5: Fern Valley Interchange Environmental Assessment

(EA)and other project records are available upon written request from the Federal Highway Administration at the address shown above. Comments or questions concerning this proposed action and the I-5: Fern Valley Interchange should be directed to the FHWA at the address provided above. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency action subject to 23 U.S.C. 139 (l)(1) by issuing approval for the following highway project in the State of Oregon: I-5: Fern Valley Interchange. The project will replace the existing interchange at Fern Valley with a crossing-diamond type interchange to improve safety and increase capacity. To the west of I-5, the existing bridge over Bear Creek will be replaced by a longer wider structure and continuing west, Fern Valley Road will be widened two lanes and the OR99/Fern Valley intersection will be improved. East of the interchange, North Phoenix Road will be realigned and South Phoenix Road will be extended to meet at a new intersection to the north where Grove Way, Extended South Phoenix Road and North Phoenix Road meet. The actions by the Federal agencies and the laws under which such actions were taken are described in the October 18, 2010, Environmental Assessment for the project and in the FHWA Finding of No Significant Impact (FONSI) issued on June 30, 2011 and in other documents in the FHWA project records. The EA, FONSI and other project records are available by contacting the FHWA at the address provided above. The FHWA EA and FONSI can be viewed and downloaded from the project Web site at *http://www.oregon.gov/ODOT/HWY/REGION3/fvi_index.shtml.* 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. 4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)]. 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [23 U.S.C. 1536 and 49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation Fund Act

(LWCF)[16 U.S.C. 460(l)-8f]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wildlife: Section 7 of the Endangered Species Act [16 U.S.C. 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]. 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469-469(c)]. 6. Social and Economic: Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000(d) *et seq.* ]; American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act

(FPPA)[7 U.S.C. 4201-4209]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-1377]; Safe Drinking Water Act

(SDWA)[42 U.S.C. 300(f)-300(j)(6)]; Emergency Wetlands Resources Act, [16 U.S.C. 3921, 3931]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133 (b)(11)]; Flood Disaster Protection Act [42 U.S.C. 4001-4128]. 8. 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 25, 2011. Michelle Eraut, Environmental Program Manager, Salem, Oregon. [FR Doc. 2011-19199 Filed 7-28-11; 8:45 am]

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