[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Pages 32751-32752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14927]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the FHWA, California Department of Transportation (Caltrans), 
pursuant to 23 U.S.C. 327, and the US Fish and Wildlife Service, and 
National Marine Fisheries Service.


SUMMARY: The FHWA is issuing this notice to announce actions taken by 
FHWA, U.S. Fish and Wildlife Service, and National Marine Fisheries 
Service that are final within the meaning of U.S. Code. The actions 
relate to a proposed highway project, US Route 101 between Eureka and 
Arcata in the County of Humboldt, State of California. 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 December 14, 2017. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 150 days for filing such claim, then that shorter 
time period still applies.

Dave Tedrick, Senior Environmental Specialist, FHWA, 650 Capitol Mall, 
Suite 4-100, Sacramento, CA 95814, (916) 498-5025, 
[email protected].
Rosalind Litzky, Senior Environmental Planner, Caltrans, 1656 Union 
Street, Eureka, CA 95501, (707) 445-5222, [email protected].
Jeffery Jahn, N.O.A.A. National Marine Fisheries Service, 1655 Heindon 
Road, Arcata, California 95521, (707) 825-5173, [email protected].
Greg Schmidt, U.S. Fish and Wildlife Service, 1655 Heindon Road, 
Arcata, California 95521, (707) 822-7201, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, 
Caltrans, U.S. Fish and Wildlife Service, and National Marine Fisheries 
Service 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 the State of California: The proposed Eureka-Arcata Route 
101 Corridor Improvement Project consists of various improvements on 
Route 101 between the Eureka Slough Bridge and the 11th St. 
overcrossing in Arcata. Major project features may include closing 
roadway median crossings, constructing a roadway grade separation at 
Indianola Cutoff, replacing the southbound Jacoby Creek Bridge, and 
partially or fully signalizing the Route 101/Airport Road intersection. 
The purpose of the project is to improve safety; reduce operational 
conflicts and delay; and rehabilitate roadway to meet current traffic 
engineering design standards as feasible. 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 December 20, 2016, in the FHWA Record of Decision 
(ROD) issued on July 3, 2017, and in other documents in the FHWA 
project records. The FEIS, ROD, and other project records are available 
by contacting Caltrans at the addresses provided above. The FHWA FEIS 
and ROD can be viewed and downloaded from the project Web site at 
http://www.dot.ca.gov/dist1/d1projects/eureka_arcata/reports.htm, or 
viewed at public libraries in the project area.
    The U.S. N.O.A.A National Marine Fisheries consultation and Letter 
of Concurrence are available by contacting U.S. N.O.A.A National Marine 
Fisheries at the address provided above.
    The U.S. Fish and Wildlife Service consultation and Biological 
Opinion are available by contacting the U.S. Fish and Wildlife Service 
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. C109].
    2. Air: Clean Air Act 42 U.S.C. 7401-7671(q).
    3. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11].
    5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d) (1)]; The Uniform Relocation Assistance Act and Real 
Property Acquisition Policies Act of 1970, as amended.
    6. Hazardous Materials: Comprehensive Environmental response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; 
Superfund Amendments and Reauthorization Act of 1986 (SARA);
    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. 13112 Invasive Species.

[[Page 32752]]

    8. Endangered Species Act 16 U.S.C. 1531-1543.
    9. Clean Water Act 33 U.S.C. 1251-1376.

(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).

Shawn Oliver,
Environmental Team Leader, Federal Highway Administration, Sacramento, 
[FR Doc. 2017-14927 Filed 7-14-17; 8:45 am]