[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14464-14465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5803]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Project in Wisconsin

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, Interstate I-94, I-894, and U.S. Highway 45 
(Zoo Interchange) in Milwaukee County, Wisconsin. Those actions grant 
approvals for the project. The project will replace the existing 
roadway and bridges and reconfigure the study-area freeway system to 
address safety issues and design deficiencies and provide additional 
capacity. The project termini are 124th Street on the west, 70th Street 
on the east, Burleigh Street on the north and Lincoln Avenue on the 
south. Primary design features of the project include: All exits on the 
right, through traffic stays left; full 8- to 12-foot shoulders on all 
ramps and freeways; four lanes on each approach leg; three lanes on US 
45 northbound and southbound through the core of the interchange; two 
lanes on I-94 eastbound and westbound through the core of the 
interchange (with a wider median that could accommodate a third lane in 
the future); several ramps with two lanes instead of one; smoother 
curves on all freeway-to-freeway interchange ramps (minimum 45 mph 
design speed); 60 mph design speed on I-94 and US 45; access to and 
from US 45/I-894 provided to US 18 (Bluemound Road), but no direct 
access between I-94 and Bluemound Road.

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 within 180 days of this Federal Register 
notice. 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: Bethaney Bacher-Gresock, FHWA, 525 
Junction Road Suite 8000, Madison, Wisconsin 53717; telephone: (608) 
662-2119, email: [email protected]. The FHWA Wisconsin 
Division's normal office hours are 7 a.m. to 4 p.m. central time. For 
the Wisconsin Department of Transportation (WisDOT): William Mohr, PE, 
Wisconsin Department of Transportation, Southeast Region, 141 NW. 
Barstow Street, Waukesha, Wisconsin 53187; telephone: (262) 548-6421; 
email: [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project: Interstate I-94, I-894, 
and U.S. Highway 45 (Zoo Interchange) in Milwaukee County, Wisconsin, 
Project I.D. 1060-33-01. The project involves reconstructing and 
providing additional capacity on approximately 3.5 miles of Interstate 
94 (I-94) and approximately 5.5 miles of United States Highway 45 (US 
45) which includes a portion of I-894, and local streets affected by 
the freeway. The actions taken by FHWA, and laws under which such 
actions were taken, are described in the Final Environmental Impact 
Statement (FEIS) for the project, approved on October 3, 2011 (FHWA-
WISC-EIS-09-01-F), in the Record of Decision (ROD) issued on February 
10, 2012, and in other documents in the FHWA or WisDOT project records. 
The FEIS, ROD, and other project records are available by contacting 
FHWA or WisDOT at the addresses provided above.
    The FEIS can also be viewed on the project Web site: http://www.dot.wisconsin.gov/projects/sefreeways/zooenviron.htm.
    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 (FAHA) [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 [23 U.S.C. 138 and 49 U.S.C. 303], Section 6(f) of the Land and 
Water Conservation Act as amended [16 U.S.C. 4601], Farmland Protection 
Policy Act of 1980 [7 U.S.C. 4201-4209], and National Trails System Act 
[16 U.S.C. 1241-1249].
    4. Wildlife: Endangered Species Act of 1973 [16 U.S.C. 1531-1543 
and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
666(c)]; Migratory Bird Treaty Act [16 U.S.C. 760c-760g].
    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)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act [25 U.S.C. 3001 et seq.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d) 
et. seq.]; American Indian Religious Freedom Act [42 U.S.C. 1996]; 
Americans with Disabilities Act [42 U.S.C. 12101]; Uniform Relocation 
Assistance and Real Property Acquisition Act of 1970 [42 U.S.C. 4601 et 
seq. as amended by the Uniform Relocation Act Amendments of 1987 [Pub. 
L. 100-17].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251- 1376]; Land and Water 
Conservation Fund [16 U.S.C. 460l-4 to 460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300(f)- 300(j)(6)]; 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]; Emergency Wetlands Resources Act, [16 U.S.C. 3921, 
3931].

[[Page 14465]]

    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) as amended [42 U.S.C. 
9601-9657]; Superfund Amendments and Reauthorization Act of 1986 [Pub. 
L. 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901 et. 
seq.].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management as amended by E.O. 12148; 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: March 5, 2012.
George R. Poirier,
Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin.
[FR Doc. 2012-5803 Filed 3-8-12; 8:45 am]
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