[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Pages 6688-6689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2646]


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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. Sec.  
139(l)(1). This action is the Record of Decision issued by FHWA for the 
U.S. 31 Hamilton County Project in the State of Indiana.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. Sec.  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 August 10, 2009. 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].

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 Hamilton County Project, in Marion and Hamilton 
Counties. The Selected Alternative provides for an upgrade of existing 
U.S. 31 to an access-controlled, six-lane freeway between I-465 North 
Leg and State Road (SR) 38, with the southern terminus of the project 
extending to 96th Street (approximately 13.1 miles long). The proposed 
freeway will be substantially within the existing U.S. 31 Corridor, 
with interchanges and

[[Page 6689]]

grade separations at key cross-streets. The actions by FHWA are 
described in the Final Environmental Impact Statement (FEIS) for the 
project, approved on December 1, 2008 and in the FHWA Record of 
Decision (ROD) issued on January 30, 2009, 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 at the addresses 
provided above. The FEIS and ROD can be viewed and downloaded from the 
project Web site at: http://us31hamiltoncounty.in.gov/ 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: February 2, 2009.
Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
[FR Doc. E9-2646 Filed 2-9-09; 8:45 am]
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