[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67565-67566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26641]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Michigan

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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SUMMARY: This notice announces the availability of a Record of Decision 
by FHWA pursuant to the requirements of the National Environmental 
Protection Policy Act of 1969 (NEPA), 42 U.S.C. 4321, as amended and 
the Council on Environmental Quality Regulations (40 CFR parts 1500-
1508). In addition, this notice announces actions taken by FHWA and 
other Federal agencies that are final with in the meaning of 23 U.S.C. 
139(l)(1). These actions relate to a proposed highway project, US-131 
in St. Joseph County, Michigan. These actions 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. 771 and 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 May 13, 
2009. If the Federal law that authorizes that 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 Williams, Environmental 
Program Manager, Federal Highway Administration Michigan Division, 315 
West Allegan Street, Room 201, Lansing, MI 48933, (517) 702-1820, 
[email protected]. Mr. Jason Latham, Project Manager, 
Michigan Department of Transportation, 1501 Kilgore Road, Kalamazoo, MI 
49001, (269) 337-3900, [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
approvals for the following highway project in the State of Michigan: 
US-131 Improvement Project the Michigan/Indiana County line to North of 
the City of Three Rivers, St. Joseph County. This project consists of a 
new two-lane bypass of the Village of Constantine from north of Stears 
Road to south of Garber Road, the addition of two truck climbing lanes 
one each on existing US-131 northbound and southbound lanes from north 
of Garber Road to south of Drummond Road, and other minor intersection 
corrections. The actions by the Federal agencies, and the laws under 
which such action were taken, are described in the Final Environmental 
Impact Statement for the project approved on April 11, 2008, in the 
FHWA Record of Decision (ROD) issued on October 27, 2008, and in other 
project records. The FEIS, ROD, and other documents in the FHWA project 
file are available by contacting the FHWA or the Michigan Department of 
Transportation at the addresses provided above. The FHWA FEIS and ROD 
can be viewed and downloaded from the project Web site at http://www.michigan.gov/mdot/0,1607,7-151-9621_11058_28766,00.html or viewed 
at public libraries in the project area.
    This notice applies to all Federal agency decisions on the listed 
projects 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 [42 U.S.C. 4321-
4351]; Federal-Aid Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [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].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544].

[[Page 67566]]

    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)].
    6. Social and Economics: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indians Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Act [7 U.S.C. 4201-4209]; the Uniform 
Relocation Assistance and Real Property Acquisition Policies of 1970, 
as amended [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C 1251-
1377 (Section 404, Section 401, Section 319); Coastal Zone Management 
Act [14 U.S.C. 1451-1465]; Land and Water Conservation fund [16 U.S.C. 
4601-4604]; Safe Drinking Water act [42 U.S.C. 300(f)-300(j)(6)]; 
Rivers and Harbors Act of 1899 [42 U.S.C. 401-406]; TEA-21 Wetland 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation and Liability Act [42 U.S.C. 9501-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource, 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. Executive Orders: E.O. 11990, Protection of Wetlands; E.O. 
11988, Floodplains Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority and Low Income Populations; E.O. 
11593, Protection and Enhancement of Cultural Resources; E.O. 13007, 
Indian Sacred Sites; E.O. 13112, Invasive Species; E.O. 13274, 
Environmental Stewardship and Transportation Infrastructure Project 
Reviews.

(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: October 31, 2008.
James J. Steele,
Division Administrator, Lansing, Michigan.
 [FR Doc. E8-26641 Filed 11-13-08; 8:45 am]
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