[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Notices]
[Pages 5407-5408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1312]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Ohio

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 FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project which would 
relocate U.S. 33 from Haydenville in Hocking County to Doanville in 
Athens County in the State of Ohio. 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 July 31, 2006. 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. David Snyder, P.E., Environmental 
Program Manager, Federal Highway Administration, 200 North High Street, 
Columbus, Ohio, 43215; telephone: (614) 280-6852; e-mail: 
[email protected]; FHWA Ohio Division Office's normal business 
hours are 8 a.m. to 4:30 p.m. (eastern time). You may also contact Mr. 
Tim Hill, Ohio Department of Transportation, 1980 West Broad Street, 
Columbus, OH 43223; telephone: (624) 644-0377.

SUPPLEMENTARY 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 Ohio: U.S. Route 33, from Haydenville in Hocking County to 
Doanville in Athens County in the State of Ohio. The project will be a 
9 mile long, four-lane divided controlled access highway on new 
location, also known as the Nelsonville Bypass Project. It will begin 
northwest of Nelsonville adjacent to Haydenville. It will then proceed 
in a northeasterly direction north of Nelsonville and south of Buchtel. 
It will end at Doanville which is located just northwest of New 
Floodwood, tying back into the existing 4-lane divided U.S. Route 33 
approximately 1.2 miles east of SR691. 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 June 30, 2005, in the FHWA Record of Decision 
(ROD) issued on August 19, 2005, and in other documents in the FHWA 
administrative record. The FEIS, ROD, and other documents in the FHWA 
administrative record file are available by contacting the FHWA or the 
Ohio Department of Transportation at the addresses provided above. The 
FHWA FEIS and ROD can be viewed at the Nelsonville Public Library, the 
Athens and Hocking County Engineer's offices, the Athens and Hocking 
County Commissioners' offices, the Nelsonville City Manager's office, 
and the Hocking College President's office.
    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. Land: Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-
4604; 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]; National Forest Management Act (NFMA) of 1976 [16 U.S.C. 
1600-1614].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    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.]; 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].
    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 (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Safe Drinking Water Act (SDWA), 42 
U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 U.S.C. 401-
406; Wild and Scenic Rivers Act, 16 U.S.C.

[[Page 5408]]

1271-1287; Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; 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. 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.)

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

    Issued on: January 25, 2006.
Dennis A. Decker,
Division Administrator, Columbus, Ohio.
[FR Doc. E6-1312 Filed 1-31-06; 8:45 am]
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