[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Notices]
[Pages 179-180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22452]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana

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 action 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. 31 
Plymouth to South Bend, Indiana, in the Counties of Marshall and St. 
Joseph, State of Indiana. This action is the Record of Decision issued 
by FHWA for the U.S. 31 Plymouth to South Bend 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 2, 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. Lawrence Heil, P.E., Air Quality/
Environmental Specialist, Federal Highway Administration, Indiana 
Division, 575 North Pennsylvania Street, Room 254, 46204; telephone: 
(317) 226-7480; e-mail: [email protected]. You may also contact 
Mr. Jonathan Wallace, Project Manager, Indiana Department of 
Transportation, 100 North Senate Avenue, Room N801, Indianapolis,

[[Page 180]]

Indiana, 46204; telephone: (317) 233-3520; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency action subject to 23 U.S.C. 139(l)(1) by approving 
the Record of Decision for the following highway project in the State 
of Indiana: U.S. 31 Plymouth to South Bend, in Marshall and St. Joseph 
Counties. The project provides for upgrading existing U.S. 31 between 
U.S. 30 and U.S. 20 (approximately 20 miles) to a fully access 
controlled, grade-separated freeway. The proposed freeway will be on 
both new and existing alignment. The FHWA project reference number is 
Des. No. 9405230. The actions by FHWA are described in the Final 
Environmental Impact Statement (FEIS) for the project, approved on 
April 3, 2006 and in the FHWA Record of Decision (ROD) issued on June 
26, 2006, and in other documents in the project record. The FEIS, ROD, 
and other documents in the FHWA project file are available by 
contacting the FHWA or the Indiana Department of Transportation at the 
addresses provided above. The FEIS and ROD can be viewed and downloaded 
from the project Web site at http://www.us31study.org or viewed at 
public libraries in the project area.
    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: December 18, 2006.
Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
 [FR Doc. E6-22452 Filed 12-29-06; 8:45 am]
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