[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42144-42145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20068]


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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. Sec.  
139(l)(1). The actions relate to a proposed highway project, the 
Interstate Routes 70 and 71 and interchanges, in the City of Columbus, 
Franklin County, State of Ohio (FRA-70-8.93, Project Identification 
Number 77369). 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. 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 February 16, 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.

[[Page 42145]]


FOR FURTHER INFORMATION CONTACT: Mr. Roger Ryder, Program Delivery 
Engineer, Federal Highway Administration, 200 North High Street, 
Columbus, Ohio 43215; telephone: (614) 280-6849; e-mail: 
[email protected]; FHWA Ohio Division Office's normal business 
hours are 8 a.m. to 4:30 p.m. (eastern time). You may also contact Mr. 
Ferzan Ahmed, Ohio Department of Transportation, 400 E. William Street, 
Delaware, Ohio 43015; telephone: (740) 833-8367; e-mail: 
[email protected].

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 
improvements in the State of Ohio: To reconstruct the I-70/I-71/SR 315 
freeway system known as Columbus' South Innerbelt and involves changing 
the I-70 and I-71 lanes assignments, adding additional through lanes on 
I-70 and I-71 and reconfiguring the I-70/I-71/SR 315 west interchange 
and the I-70/I-71 east interchange. The improvements will also 
consolidate access to the downtown area by moving ramps to the 
periphery of the I-70/I-71 overlap section and compelling motorists 
traveling to and from downtown Columbus to use one-way urban corridor 
streets. Motorists will access downtown Columbus via one-way urban 
corridor streets that run parallel to the north side of the I-70/I-71 
overlap and along both sides of I-71. These streets collect traffic 
from the freeway to distribute it throughout the downtown. The Mound 
Street corridor will be used for westbound traffic along the I-70/I-71 
overlap and the Fulton Street corridor for eastbound traffic. Along I-
71 traffic will utilize Lester Drive and Willow Alley for southbound 
traffic while northbound traffic will use a new urban corridor street 
parallel to Parsons Avenue. The improvements will provide for three (3) 
through lanes in each direction for I-70, two (2) through lanes in each 
direction for I-71 and the elimination of the weaving between 
interstate routes in the overlap section by keeping the I-70 lanes to 
the inside and bringing the I-71 lanes along the outside. The project 
length is approximately 8.7 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 January 14, 2009, in the Finding of No 
Significant Impact (FONSI) issued on July 8, 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. The EA and FONSI can be viewed at ODOT 
District 6 Office in Delaware, Ohio and on ODOT's Web site at http://www.7071study.org.
    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: 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]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Land and Water Conservation Fund 
(LWCF), 16 U.S.C. 4601-4604; 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 August 13, 2009.
Patrick A. Bauer,
Acting Division Administrator, Columbus, Ohio.
[FR Doc. E9-20068 Filed 8-19-09; 8:45 am]
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