[Federal Register: June 29, 2007 (Volume 72, Number 125)]
[Notices]               
[Page 35738-35739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn07-93]                         

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

 
Notice of Final Federal Agency Actions on a Proposed Highway 
Project in Arizona

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the Federal Highway 
Administration (FHWA) and other Federal agencies that are final within 
the meaning of 23 U.S.C. 139(l)(1). These actions relate to the 
proposed construction of the approximately 24-mile-long Yuma Area 
Service Highway, which has been designated as State Route 195 by the 
State Transportation Board in Arizona. This includes new roadway from 
the planned commercial International Port of Entry, located near San 
Luis, Arizona on the US/Mexico border, to Interstate 8. The alignment 
follows Avenue E north for about 2 miles to County 23rd Street, east on 
County 23rd Street for about 8 miles, north for about 9 miles within 
the westernmost portion of the Barry M. Goldwater Range, and continues 
north for about 3.5 miles between Avenue 6E and Avenue 7E to the 
existing Interstate 8/Araby Road Traffic Interchange. The actions being 
taken grant 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 by December 26, 2007. 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. Steve Thomas, Environmental 
Program Manager, Federal Highway Administration, One Arizona Center, 
Suite 410, 400 East Van Buren Street, Phoenix, Arizona 85004-2285 
weekdays 7 a.m. to 4 p.m. (Mountain Standard Time) at (602) 379-3645, 
extension 117, fax (602) 379-3608, steve.thomas@fhwa.dot.gov. Ms. 
Melissa Maiefski, Project Environmental Coordinator and Monitor, 
Environmental Planning Group, Arizona Department of Transportation, 
1221 South 2nd Avenue, Mail Drop T100, Tucson, Arizona 85713-1602, 
weekdays 7 a.m. to 4 p.m. (Mountain Standard Time) at (520) 388-4250, 
fax (520) 388-4255, mmaiefski@azdot.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approval for the proposed construction of the Yuma Area Service Highway 
in southwest Arizona. The highway will be approximately 24 miles in 
length, have two travel lanes in each direction, and generally have a 
right-of-way width of 240- to 280-feet with wider right-of-way at 
traffic interchanges. FHWA is the Federal lead agency for the 
Environmental Assessment, which was prepared in conjunction with the 
Arizona Department of Transportation and the Yuma Metropolitan Planning 
Organization. The Bureau of Land Management, US Bureau of Reclamation, 
Marine Corps Air Station Yuma, and the US Navy served as cooperating 
agencies. The project would facilitate existing and future travel and 
movement of goods between the US/Mexico border crossing and Interstate 
8, remove commercial traffic and hazardous cargo from populated and 
congested areas, relieve existing and anticipated future congestion on 
US 95 through local communities, and reduce the potential for increased 
traffic accidents in populated areas. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Final Environmental Assessment for the project, 
approved on August 11, 2005, a Finding of No Significant Impact 
approved on May 11, 2007, and in other documents in the FHWA project 
files. The Final Environmental Assessment and other documents in the 
FHWA project files are available by contacting the FHWA or the Arizona 
Department of Transportation at the addresses provided above. The FHWA 
Final Environmental Assessment can be viewed and downloaded from the 
following Web site: http://www.azdot.gov/highways/EEG/DocumentsIndex.asp
.

    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.C. 109].
    2. Air: Clean Air Act 42 U.S.C. 7401-7671(q).
    3. Water: Clean Water Act 33 U.S.C. 1251-1387.
    4. Noise: Procedures for Abatement of Highway Traffic Noise and 
Construction Noise, 23 CFR 772.
    5. 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].
    6. 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].
    7. 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 and Real Property Acquisition Policies 
Act of 1970, as amended; Metropolitan Planning Regulations, 23 CFR 
450.318.
    8. 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).
    9. Section 4(f) of the US Department of Transportation Act of 1966 
[49 U.S.C. 303].
    10. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority

[[Page 35739]]

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: June 19, 2007.
Robert E. Hollis,
Division Administrator, Phoenix, Arizona.
[FR Doc. 07-3166 Filed 6-28-07; 8:45 am]

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