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Notice of Final Federal Agency Actions on Proposed Highway in California

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Federal Highway Administration (FHWA), DOT.


Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327.


The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route-39 (SR-39, San Gabriel Canyon Road) Rehabilitation/Reopening Project [post mile 40.0-44.4] in the Angeles National Forest, County of Los Angeles, State of California. Those actions grant licenses, permits, and approvals for the project.


By this notice, the FHWA, on behalf of Caltrans, 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 19, 2010. 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.

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Eduardo Aguilar, Branch Chief/Senior Environmental Planner, Caltrans, District 7, Division of Environmental Planning, 100 South Main Street, Suite 100, Los Angeles, CA 90012-3712, (213) 897-8492,

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Effective July 1, 2007, the Federal Highway Administration (FHWA) assigned, and the California Department of Transportation (Caltrans) assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans, 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 California Department of Transportation (Caltrans) proposes to rehabilitate and reopen a 4.4 mile segment of State Route-39 (SR-39) from post mile 40.00 to post mile 44.40, in the Angeles National Forest, in Los Angeles County. The said segment has been closed to public highway traffic since 1978 as the roadway had sustained extensive damage as a result of erosion dating from 1978 to 2005. Since 1990, the Caltrans Division of Maintenance has rebuilt the roadway at Snow Spring, making it traversable throughout the length of the project area. Maintenance activities also included the rebuilding of the roadway at Snow Spring to make it traversable throughout the length of the project area, the cleaning of drainage culverts, and the erection of a dirt berm. These past improvements have made the roadway passable, but it is constricted as it approaches its northerly terminus, and open only to emergency service vehicles.

The rehabilitation and reopening of this segment is important in the enhancement of access and services, and a reduction in response times for the United States Forest Service (USFS), the Los Angeles County Sheriff's Department, and other emergency service agencies in fire suppression, the protection of several watersheds, and search and rescue activities. The proposed project would also restore a vital traffic circulation connection between points north on State Route-2 (Angeles Crest Highway, or SR-2) and points south in the San Gabriel Valley along Interstate-210 (Foothill Freeway, or I-210). The proposed project would improve access for patrons of the numerous recreation areas within the Angeles National Forest, and provide as an economic benefit to the associated parks and businesses. The restored connection would be accessible to public highway traffic throughout the year, with seasonal closures during times of inclement weather. These closures would likely occur during the winter and early spring seasons.

A public meeting was held on regarding the proposed project on Tuesday, February 24, 2009 from 6 p.m. to 8:30 p.m at the Azusa Senior Center in Azusa, California. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Finding of No Significant Impact (FONSI) for the project, approved on May 27, 2009. The FONSI and other project records are available for review by contacting Caltrans at the addresses provided above. The Caltrans FONSI can be viewed and downloaded from the Caltrans District 7 environmental document Web site at​dist07/​resources/​envdocs/​.

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].

Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 219].

Air: Clean Air Act 42 U.S.C. 7401-7671(q).

Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712].

—Section 4(f) of the U.S. Department of Transportation Act of 1966 [49 U.S.C. 303].

Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(aa)-11]; 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].

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]; The Uniform Relocation Assistance Act and Real Property Acquisition Policies Act of 1970, as amended.

Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-9675; Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992 (k).

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 Start Printed Page 35907Resources; 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.)

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

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Issued on: July 14, 2009.

Cindy Vigue,

Director, State Programs, Federal Highway Administration, Sacramento, California.

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[FR Doc. E9-17257 Filed 7-20-09; 8:45 am]