Skip to Content


Notice of Final Federal Agency Actions on Proposed Highway in Washington

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble


Federal Highway Administration (FHWA), DOT.


Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies.


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.


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.

Start Further Info


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: 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: The I-405 Corridor Program's regular office hours are between 8 a.m. and 5 p.m. (Pacific Time).

End Further Info End Preamble Start Supplemental 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​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 Start Printed Page 44313Fish 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)

Start Authority

Authority: 23 U.S.C. 139(l)(1).

End Authority Start Signature

Issued on: July 24, 2008.

Stephen P. Boch,

Major Projects Oversight Manager, Seattle, Washington.

End Signature End Supplemental Information

[FR Doc. E8-17427 Filed 7-29-08; 8:45 am]