[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Notices]
[Pages 24911-24912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6305]


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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, U.S. Route 
24, from east of the IR469 bypass in New Haven, Indiana, Allen County, 
Indiana to SR424 west of Defiance, 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 October 24, 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. Mark Vonder Embse, Senior 
Transportation Engineer, Federal Highway Administration, 200 North High 
Street, Columbus, Ohio 43215; telephone: (614) 280-6854; 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, Ohio 43223; telephone: (614) 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 24, from east of the IR469 bypass in New 
Haven, Indiana, Allen County, Indiana to SR424 west of Defiance, Ohio. 
The project will be a 40 mile long, four-lane divided expressway in 
Ohio and freeway in Indiana. The proposed highway will be on new 
alignment. The alignment is south of and parallel to the Maumee River 
and existing US24. West of the City of Defiance, the proposed highway 
overlaps with the existing US24 alignment prior to crossing the Maumee 
River. 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 October 26, 2005, 
in the FHWA Record of Decision (ROD) issued on December 9, 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 
Paulding County Carnegie Library-Antwerp and Payne Branches, Defiance 
Public Library, Defiance County Engineer's Office, Allen County (IN) 
Engineer's Office. For additional locations to view the FEIS and/or 
ROD, please call the aforementioned contacts.
    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: 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; Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-
4604.
    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: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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. 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).


[[Page 24912]]


    Issued on: April 19, 2006.
Dennis Decker,
Division Administrator, Columbus, Ohio.
 [FR Doc. E6-6305 Filed 4-26-06; 8:45 am]
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