Notice of Final Federal Agency Actions on Proposed Highway in Utah, 76090-76091 [E8-29570]

Download as PDF pwalker on PROD1PC71 with NOTICES 76090 Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices Syracuse, West Point, Clinton, Roy, and West Haven, in Davis and Weber Counties, Utah (EIS Number: FHWA– UT–EIS–07–03–F). The 9.5 mile project will construct a five-lane (110-foot) cross-section consisting of four 12-foot travel lanes, a 14-foot median (either a two-way leftturn lane or a raised center median), 8foot shoulders, 4-foot bicycle lanes, 2.5foot curb and gutter, 4.5-foot park strips, 4-foot sidewalks, and 1-foot between the back of the sidewalk and the edge of the right-of-way. Improve most intersections with dedicated right-turn and left-turn lanes. Dual left-turn lanes would be provided at 1700 South (southbound only), 1800 North, 5600 South, 4800 South, and 1900 West (eastbound only). Include enough shoulder width to accommodate bus service. Support bicycle use along SR–108 by providing Class II bicycle lanes. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) for the project, approved on August 20, 2008, in the FHWA Record of Decision (ROD) issued on October 29, 2008, and in other documents in the FHWA project records. The FEIS, ROD, and other project records are available by contacting FHWA or the UDOT at the addresses provided above. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at https://www.udot.utah.gov/sr108study, or viewed at public libraries in the project area. 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: 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]. Air: Clean Air Act [42 U.S.C. 7401–7671(q)]. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and Wildlife Coordination Act [16 U.S.C. 661– 667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; 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)]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. Social and Economic: Civil VerDate Aug<31>2005 20:00 Dec 12, 2008 Jkt 217001 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 (FPPA) [7 U.S.C. 4201–4209]. Wetlands and Water Resources: Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251–1377]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Wild and Scenic Rivers Act [16 U.S.C. 1271–1287]; 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. 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. highway and transit components. FHWA has approval authority over the highway components of 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 FHWA actions on the highway project will be barred unless the claim is filed on or before June 15, 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: Mr. Edward Woolford, Project Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake City, Utah 84118; telephone: (801) 963– 0182; e-mail: Edward.Woolford@dot.gov. The FHWA Utah Division Office’s normal business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You may also contact Ms. Teri Newell, P.E., Utah Department of Transportation, 2010 South 2760 West, Salt Lake City, Utah 84104; telephone: (801) 975–4807. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency actions by issuing approvals for the highway components of the Mountain View Corridor (‘‘MVC’’) project in Salt Lake and Utah Counties, (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning Utah. At full build-out, the highway and Construction. The regulations components of the MVC project will implementing Executive Order 12372 include a 44 mile limited-access regarding intergovernmental consultation on freeway with at-grade separations at all Federal programs and activities apply to this intersecting roadways. It will begin at I– program.) 80 in Salt Lake City in Salt Lake County Authority: 23 U.S.C. 139(l)(1). at about 5800 West and continue south Issued on: December 9, 2008. connecting to I–15 at 2100 North in the city of Lehi in Utah County. The Walter C. Waidelich, Jr., highway will be constructed on new Division Administrator, Salt Lake City, Utah. alignment and will be implemented [FR Doc. E8–29585 Filed 12–12–08; 8:45 am] using a phased approach, which is BILLING CODE 4910–RY–P described in the Final Environmental Impact Statement (FEIS) and the Record DEPARTMENT OF TRANSPORTATION of Decision (ROD). The MVC project will also include a transit component on Federal Highway Administration 5600 West in Salt Lake County being sponsored by the Utah Transit Notice of Final Federal Agency Actions Authority; FHWA does not have on Proposed Highway in Utah approval authority over the transit component of the project. The actions AGENCY: Federal Highway by FHWA, and the laws under which Administration (FHWA), DOT. such actions were taken, are described ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA in the FEIS, which was approved on September 3, 2008, in the FHWA Record and Other Federal Agencies. ROD which was issued on November SUMMARY: This notice announces actions 17, 2008, and in other documents in the taken by the FHWA that are final within FHWA administrative record. The FEIS, ROD, and other documents in the the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Mountain FHWA administrative record file are available by contacting the FHWA or the View Corridor project in Salt Lake and Utah Department of Transportation at Utah Counties in the State of Utah. the addresses provided above. The Those actions grant approvals for the FHWA FEIS and ROD can be viewed project. The project includes both PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\15DEN1.SGM 15DEN1 pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 73, No. 241 / Monday, December 15, 2008 / Notices and downloaded from the project Web site at https://www.udot.utah.gov/ mountainview or viewed at public libraries in the project area. This notice applies to all FHWA decisions as of the issuance date of this notice and all laws under which such actions were taken. Laws generally applicable to such actions include but are 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]. 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 [49 U.S.C. 303]. 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 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. 470(f) et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [16 U.S.C. 469–469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) [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 (FPPA) [7 U.S.C. 4201–4209]. 7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Safe Drinking Water Act (SDWA), 42 U.S.C. 300(f)–300(j)(6); Rivers and Harbors Act of 1899, 33 U.S.C. 401–406; Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287; Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; 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. 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 VerDate Aug<31>2005 20:00 Dec 12, 2008 Jkt 217001 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: December 9, 2008. Walter C. Waidelich, Jr., Division Administrator, Salt Lake City. [FR Doc. E8–29570 Filed 12–12–08; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2008–0158] Surface Transportation Project Delivery Pilot Program; Caltrans Audit Report AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice; request for comment. Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) established the Surface Transportation Project Delivery Pilot Program, codified at 23 U.S.C. 327. Section 327(g) of Title 23, United States Code mandates semiannual audits during each of the first 2 years of State participation to ensure compliance by each State participating in the Pilot Program. This notice announces and solicits comments on the second audit report for the California Department of Transportation (Caltrans). DATES: Comments must be received on or before January 14, 2009. ADDRESSES: Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W12–140, Washington, DC 20590. You may also submit comments electronically at https://www.regulations.gov, or fax comments to (202) 493–2251. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a selfaddressed, stamped postcard or you may print the acknowledgment page that appears after submitting comments SUMMARY: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 76091 electronically. Anyone is able to search the electronic form of all comments in any one of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477–78), or you may visit https:// DocketsInfo.dot.gov. FOR FURTHER INFORMATION CONTACT: Ms. Ruth Rentch, Office of Project Development and Environmental Review, (202) 366–2034, Ruth.Rentch@dot.gov, or Mr. Michael Harkins, Office of the Chief Counsel, (202) 366–4928, Michael.Harkins@dot.gov, Federal Highway Administration, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this notice may be downloaded from the Office of the Federal Register’s home page at https:// www.archives.gov and the Government Printing Office’s Web site at https:// www.access.gpo.gov. Background Section 6005 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (codified at 23 U.S.C. 327) established a pilot program to allow up to five States to assume the Secretary of Transportation’s responsibilities for environmental review, consultation, or other actions under any Federal environmental law pertaining to the review or approval of highway projects. In order to be selected for the pilot program, a State must submit an application to the Secretary. On June 29, 2007, Caltrans and FHWA entered into a Memorandum of Understanding (MOU) establishing the assignments to and assumptions of responsibility to Caltrans. Under the MOU, Caltrans assumed the majority of FHWA’s responsibilities under the National Environmental Policy Act, as well as the FHWA’s responsibilities under other Federal environmental laws for most highway projects in California. Section 327(g) of Title 23, United States Code, requires the Secretary to conduct semiannual audits during each of the first 2 years of State participation, and annual audits during each subsequent year of State participation to E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76090-76091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29570]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Utah

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 that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the 
proposed Mountain View Corridor project in Salt Lake and Utah Counties 
in the State of Utah. Those actions grant approvals for the project. 
The project includes both highway and transit components. FHWA has 
approval authority over the highway components of 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 FHWA actions on the highway project will be barred unless the 
claim is filed on or before June 15, 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: Mr. Edward Woolford, Project Manager, 
Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt 
Lake City, Utah 84118; telephone: (801) 963-0182; e-mail: 
Edward.Woolford@dot.gov. The FHWA Utah Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. (Mountain Standard Time). You 
may also contact Ms. Teri Newell, P.E., Utah Department of 
Transportation, 2010 South 2760 West, Salt Lake City, Utah 84104; 
telephone: (801) 975-4807.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions by issuing approvals for the highway 
components of the Mountain View Corridor (``MVC'') project in Salt Lake 
and Utah Counties, Utah. At full build-out, the highway components of 
the MVC project will include a 44 mile limited-access freeway with at-
grade separations at all intersecting roadways. It will begin at I-80 
in Salt Lake City in Salt Lake County at about 5800 West and continue 
south connecting to I-15 at 2100 North in the city of Lehi in Utah 
County. The highway will be constructed on new alignment and will be 
implemented using a phased approach, which is described in the Final 
Environmental Impact Statement (FEIS) and the Record of Decision (ROD). 
The MVC project will also include a transit component on 5600 West in 
Salt Lake County being sponsored by the Utah Transit Authority; FHWA 
does not have approval authority over the transit component of the 
project. The actions by FHWA, and the laws under which such actions 
were taken, are described in the FEIS, which was approved on September 
3, 2008, in the FHWA Record ROD which was issued on November 17, 2008, 
and in other documents in the FHWA administrative record. The FEIS, 
ROD, and other documents in the FHWA administrative record file are 
available by contacting the FHWA or the Utah Department of 
Transportation at the addresses provided above. The FHWA FEIS and ROD 
can be viewed

[[Page 76091]]

and downloaded from the project Web site at https://www.udot.utah.gov/
mountainview or viewed at public libraries in the project area.
    This notice applies to all FHWA decisions as of the issuance date 
of this notice and all laws under which such actions were taken. Laws 
generally applicable to such actions include but are 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].
    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 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 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. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [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 (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287; 
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; 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. 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: December 9, 2008.
Walter C. Waidelich, Jr.,
Division Administrator, Salt Lake City.
[FR Doc. E8-29570 Filed 12-12-08; 8:45 am]
BILLING CODE 4910-RY-P

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