[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Notices]
[Pages 29706-29707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7826]


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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 that 
relocates SR-73 from near Mitchell Road northwest of the City of 
Wilmington, to near Airborne Road east of the City of Wilmington, in 
Clinton County, 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 November 20, 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 L. Vonder Embse, P.E., Senior 
Transportation Engineer, Federal Highway Administration, 200 North High 
Street, Columbus, Ohio, 43215; e-

[[Page 29707]]

mail: [email protected]; telephone: (614) 280-6854; 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: 
(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: SR-73 from near Mitchell Road northwest of the City 
of Wilmington, to near Airborne Road east of the City of Wilmington, in 
Clinton County, Ohio. The project will provide a 6.75 mile long, four-
lane divided limited access highway on new location. This project is 
also known as the ``Wilmington Bypass.'' The alignment of the roadway 
extends eastward from Mitchell Road and includes interchanges with US-
68 and US-22/SR-3, then extends southward to the terminus near Airborne 
Road. 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 on December 15, 2005, in the FHWA 
Finding Of No Significant Impact (FONSI) issued on April 7, 2006, and 
in other documents in the FHWA administrative record. The EA, FONSI, 
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.
    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. 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.
Patrick A. Bauer,
Assistant Division Administrator, Columbus, Ohio.
 [FR Doc. E6-7826 Filed 5-22-06; 8:45 am]
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