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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, and the U.S. Army Corps of Engineers (USACOE).


The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, and USACOE, that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, Interstate 10 (I-10) at Tippecanoe Avenue (post mile [PM] 25.3 to PM 27.3). The project is located between the Cities of San Bernardino and Loma Linda, in San Bernardino County, 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 August 21, 2011. 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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For Caltrans: Aaron Burton, Senior Environmental Planner, Environmental Studies “B” Branch Chief, California Department of Transportation, District 8, Division of Environmental Planning, 464 West 4th Street, 6th Floor MS-1162, San Bernardino, California 92401, available 8 a.m.-5 p.m. Monday through Friday, phone number (909) 388-1804 or e-mail: For USACOE: Veronica Chan, Project Manager, Regulatory Division, 915 Wilshire Blvd., Los Angeles, CA 90017, phone number (213) 452-3410.

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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 Caltrans and USACOE, 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: Reconstruction of the Interstate 10 (I-10)/Tippecanoe Avenue Interchange (PM 25.3 to 27.3). The general purpose of the project is to improve operational deficiencies, increase capacity at the interchange and to provide adequate access to local businesses, residences, and major facilities served by the interchange. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Environmental Assessment (EA) for the project, approved via issuance of a Finding of No Significant Impact (FONSI) on January 27, 2011, and in other documents in the FHWA project records. The EA, FONSI, and other project records are available by contacting Caltrans at the addresses 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 of 1970 [23 U.S.C. 109].

2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].

3. Wildlife: Migratory Bird Treaty Act [16 U.S.C. 703-712].

4. Historic and Cultural Resources: S ection 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470]; Antiquities Act of 1906 [16 U.S.C. 431-433]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended [42 U.S.C. 61].

5. Wetlands and Water Resources: Clean Water Act, [33 U.S.C. 1251-1377].

6. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601-9675]; Resource Conservation and Recovery Act [42 U.S.C. 6901-6992(j)].

7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, and 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: February 15, 2011.

Shawn E. Oliver,

South Team Leader, State Programs, Federal Highway Administration, Sacramento, California.

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[FR Doc. 2011-3922 Filed 2-18-11; 8:45 am]