[Federal Register Volume 75, Number 121 (Thursday, June 24, 2010)]
[Notices]
[Pages 36150-36151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15358]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Transportation 
Project in Illinois

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 and transit project 
within the Tier 1 Elgin O'Hare--West Bypass study area, which is 
bounded roughly by I-90 on the north, I-294 on the east, I-290 on the 
south, and the Elgin O'Hare Expressway on the west and located in Cook 
and DuPage Counties in Illinois just northwest of the City of Chicago. 
The Federal actions, taken as a result of a tiered environmental review 
process under the National Environmental Policy Act, 42 U.S.C. 4321-
4351 (NEPA), and implementing regulations

[[Page 36151]]

on tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR part 771, 
determined certain issues relating to the proposed project. Those Tier 
1 decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for the highway and transit project. Tier 1 decisions also may be 
relied upon by State and local agencies in proceedings on the proposed 
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 Tier 1 Federal agency actions of the proposed highway and 
transit project will be barred unless the claim is filed on or before 
December 21, 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. Norman R. Stoner, P.E., Division 
Administrator, Federal Highway Administration, 3250 Executive Park 
Drive, Springfield, Illinois 62703, Phone: (217) 492-4600, E-mail 
address: Norman.Stoner@ dot.gov. The FHWA Illinois Division Office's 
normal business hours are 7:30 a.m. to 4:15 p.m. You may also contact 
Ms. Diane M. O'Keefe, P.E., Illinois Department of Transportation, 
Deputy Director of Highways, Region One Engineer, 201 West Center 
Court, Schaumburg, Illinois 60196, Phone: (847) 705-4110. The Illinois 
Department of Transportation Region One's normal business hours are 8 
a.m. to 4:30 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
issued a Tier 1 Final Environmental Impact Statement (FEIS) and Record 
of Decision (ROD) in connection with proposed highway and transit 
projects within the Elgin O'Hare--West Bypass study area in Cook and 
DuPage Counties in Illinois. Decisions in the Tier 1 ROD include, but 
are not limited to, the following:
    a. Purpose and need for the project, including improving regional 
and local travel by reducing congestion, improving travel efficiency, 
improving access to O'Hare Airport from the west, and improving modal 
opportunities and connections.
    b. Alternative 203 with South Connection Option D will be carried 
forward for further evaluation in the Tier 2 environmental review 
process.
    c. Alternatives have been eliminated from further consideration and 
study, including but not limited to, the No-Action Alternative, 
Alternative 402, and South Connection Option A.
    Interested parties may consult the ROD and FEIS for further 
information on each of the decisions described above.
    The Tier 1 actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the FEIS for the 
project approved on April 30, 2010, the ROD approved June 17, 2010, and 
in other documents in the FHWA administrative record. The scope and 
purpose of the Tier 1 FEIS are described in Sections 1.1 and 1.2 of the 
FEIS. The FEIS, ROD and other documents in the FHWA administrative 
record are available by contacting FHWA or the Illinois Department of 
Transportation at the addresses provided above. Project information can 
be viewed and downloaded from the project Web site http://www.elginohare-westbypass.org. The FEIS can also be downloaded from 
http://www.dot.il.gov/desenv/env.html, or hard copies of the FEIS and 
the ROD are available upon request.
    This notice applies to all Federal agency Tier 1 decisions that are 
final within the meaning of 23 U.S.C. 139(l)(1) 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 and 23 U.S.C. 128].
    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 and 23 U.S.C. 138].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq].
    5. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].
    6. 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.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Research, 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 17, 2010.
Norman R. Stoner,
Division Administrator, Springfield, Illinois.
[FR Doc. 2010-15358 Filed 6-23-10; 8:45 am]
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