[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25309-25310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10783]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Expanded 
Intermodal Freight Terminal 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 within the meaning of 23 U.S.C. 
139(1)(1). These actions relate to proposed improvements to the 
Livernois-Junction Yard, also known as the Detroit Intermodal Freight 
Terminal (DIFT) and associated external-to-terminal road and rail 
improvements in Wayne 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(1)(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 November 
3rd, 2010 (180 days from May 7th). 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; phone: (517) 702-
1820, Fax: (517) 377-1804; and e-mail: [email protected]. Mr. Ryan 
Rizzo, Major Project Manager, Federal Highway Administration Michigan 
Division, 315 West Allegan Street, Room 201, Lansing, MI 48933; phone: 
(517) 702-1833, Fax: (517) 377-1844; e-mail: [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 expansion project in the State of Michigan: 
Detroit Intermodal Freight Terminal. The selected alternative will: 
Expand the Norfolk Southern (NS) and

[[Page 25310]]

CSX intermodal operations at the Livernois-Junction Yard; provide the 
opportunity to shift the NS Triple Crown operations from Melvindale and 
Willow Run in Romulus to the Livernois-Junction Yard; move the CP Oak 
intermodal operation to the Livernois-Junction Yard; provide for 
external rail improvements, with participation by all four Class I 
railroads in Michigan (NS, CSX, CP, and CN); make roadway and yard 
entry gate changes; and provide enhancements to the community. The 
selected alternatives are primarily between John Kronk and Livernois 
Avenue in Southwest Detroit and east Dearborn, in Wayne County, 
Michigan.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Impact 
Statement for the project approved on December 1, 2009; in the FHWA 
Record of Decision (ROD) issued on April 22, 2010; and in other project 
records. The FEIS, ROD, and other documents in the FHWA project file 
are available by contacting the FHWA. 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_-,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 and Plants: Endangered Species Act [16 U.S.C. 1531-
1544].
    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 Economic: 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 [PL 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: April 30, 2010.
Russell L. Jorgenson,
Division Administrator, Federal Highway Administration, Lansing, 
Michigan.
[FR Doc. 2010-10783 Filed 5-6-10; 8:45 am]
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