[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Page 32031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15836]


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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 (Interstate 
Routes 75 and 74 and adjacent road network and interchanges) in Cities 
of Cincinnati and St. Bernard, and the Village of Elmwood Place, in 
Hamilton 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 January 4, 2010. 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-mail: [email protected]; 
telephone: (614) 280-6854; FHWA Ohio Division Office's normal business 
hours are 7:30 a.m. to 4 p.m. (eastern time). You may also contact Mr. 
Stefan Spinosa, Project Manager, Ohio Department of Transportation, 505 
South SR-741, Lebanon, Ohio 45036; telephone: (513) 933-6639.

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 major highway 
improvement project in the State of Ohio: one additional through lane 
in each direction on I-75; changes in access for the following 
interchanges: Hopple Street (modernize with full access), Bates Avenue 
(access eliminated), I-74 (modernization with local access eliminated 
at Spring Grove Avenue, Central Parkway, and Colerain Avenue), Mitchell 
Avenue (redesigned), SR-562 (capacity improvements for the Norwood 
Lateral), Towne Street (closure of partial interchange), Paddock Road 
(improved operations on local roads), and I-74/Colerain Avenue/Beekman 
Street (upgrade to complete interchange). The total project length 
along I-75 is approximately eight miles. 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 24, 2008, in the FHWA Finding of No Significant 
Impact (FONSI) issued on May 7, 2009, 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].
    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].
    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 June 15, 2009.
Patrick A. Bauer,
Acting Division Administrator, Columbus, Ohio.
[FR Doc. E9-15836 Filed 7-2-09; 8:45 am]
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