[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65454-65455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25792]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions of Proposed Highway/
Interchange Improvement in Ohio; Statute of Limitations on Claims

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by the Ohio Department of Transportation (ODOT), pursuant to 23 U.S.C. 
327.

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SUMMARY: The FHWA, on behalf of ODOT, is issuing this notice to 
announce actions taken by ODOT that are final. The actions relate to 
the proposed modification of United States Route 62 (US-62) in the 
County of Stark, State of Ohio. Those actions grant licenses, permits, 
and approvals for the project.

DATES: By this notice, the FHWA, of behalf of ODOT, is advising the 
public of final agency actions subject to 23 U.S.C. 139(I)(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 April 27, 
2020. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such claim, 
then that shorter period of time still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Noel F. Mehlo, Jr., Planning 
and Environmental Specialist, FHWA Ohio Division Office; HPD-OH, 200 
North High Street, Room 328, Columbus, Ohio 43215-2408, 614-280-6841, 
[email protected].

SUPPLEMENTARY INFORMATION: Effective December 11, 2015 and as amended 
June 6, 2018, the Federal Highway Administration (FHWA) assigned, and 
the Ohio Department of Transportation (ODOT) assumed, environmental 
responsibilities for this project pursuant to 23 U.S.C. 327. Notice is 
hereby given that ODOT, has taken final agency actions subject to 23 
U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following highway project in the State of Ohio. The project will 
improve the existing 0.9-mile section of US 62 between State Route (SR) 
43 (Market Avenue) and the bridge over the Middle Branch of Nimishillen 
Creek. The project will reconstruct and relocate US 62 to the north of 
the existing alignment to improve sight distance on the eastbound curve 
and eliminate many driveways directly accessing US 62. The project will 
create cul-de-sacs at Gibbs Avenue, Rowland Avenue, and Gross Avenue 
(north side) and convert Maple Avenue to a right-in/right-out access. 
Most of the properties along the north side of the existing US 62 
alignment and several properties along the south side of US 62 around 
the Gibbs Avenue and St. Elmo Avenue intersections will be removed by 
the project. The existing signalized intersections at Rowland Avenue 
and Maple Avenue will be removed. Direct access to (and across) US 62 
for the northern and southern neighborhoods will be provided via a new 
signalized intersection at St. Elmo Avenue that will include street 
lighting, Americans with Disabilities Act (ADA) compliant pedestrian 
cross walks, a median refuge, and pedestrian signal features. The St. 
Elmo signal will provide access to a two-lane frontage road that will 
be constructed south of the new US 62 alignment to provide access to 
the businesses and residences on the south side of US 62 between Gibbs 
Avenue and St. Elmo Avenue.
    US 62 will be reconstructed as a four-lane roadway (two lanes in 
each direction) with additional auxiliary lanes and turn lanes added to 
provide an acceptable level of service at the new St. Elmo Avenue 
signalized intersection. In the eastbound direction, an auxiliary lane 
will begin at the SR 43 entrance ramp and continue east to tie into the 
existing Harrisburg intersection right turn lane. Heading westbound, an 
auxiliary lane will travel from just east of the St. Elmo intersection 
to 30th Street NE, providing direct access from US 62 to 30th Street 
NE. With the addition of the auxiliary lanes described above, the 
majority of proposed US 62 within the project limits will resemble a 
six-lane roadway with three eastbound lanes and three west bound lanes. 
Center-left turn lanes will also be provided on both eastbound and 
westbound US 62 at the signalized intersection with St. Elmo Avenue.
    The west and east ends of the project are designed at a 50 mile per 
hour (mph) design speed transitioning to a 45 mph design speed between 
Rowland Avenue and Maple Avenue to accommodate the signalized 
intersection and pedestrian crossing at St. Elmo Avenue. Various design 
elements will be incorporated into the project between Rowland Avenue 
and Maple Avenue including reduced shoulder width, landscaping, and 
signing to comply with the reduced design speed.
    A new storm sewer system will be provided to collect the drainage 
along US 62 and the frontage road to be constructed south of the new US 
62 alignment. The project will reconstruct the existing storm water 
conduit and an outfall to the Middle Branch of Nimishillen Creek south 
of the existing US 62 roadway embankment and construct a new storm 
sewer north of US 62 which will also discharge into the Middle Branch 
of Nimishillen Creek.
    Based upon the ability to meet the purpose and need of the project, 
public comments, and impacts to the natural and human environment, ODOT 
selected Alternative G1-d3a, presented in the March 2017 Feasibility 
Study, as the Preferred Alternative selected for the July 2018 
Environmental Assessment for the project. The Preferred Alternative 
meets the safety needs of the project and maintains access to US 62 for 
the nearby neighborhoods and commercial properties.
    Following the Public Hearing and 30-day comment period for the July 
2018 Environmental Assessment, the project team conducted further 
investigation and analyses on the Preferred Alternative (G1-d3a) as 
part of the public involvement process and consideration of Performance 
Based Practical Design (PBPD) initiative. Through this exercise, the 
project team identified design changes that minimize access and right-
of-way impacts and

[[Page 65455]]

reduce costs to the Preferred Alternative. Sub-alternative G1-d3a-1 
incorporates these design changes within the existing project study 
area footprint and meets the purpose and need for the project to 
increase safety and decrease congestion while maintaining access to US 
62 for the nearby neighborhoods and commercial properties. Based on 
design changes reflected in Sub-alternative G1-d3a-1 and resulting 
reductions in anticipated project impacts, no additional assessment and 
resource agency coordination was warranted for the project.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA), 
and the Finding on No Significant Impact (FONSI), approved on January 
28, 2019. The EA, FONSI, and other project records are available by 
contacting ODOT at the address provided above. The ODOT EA, and FONSI 
can be viewed and downloaded from the project website at http://www.dot.state.oh.us/districts/D04/stark/US62/Pages/default.aspx. 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) Council on Environmental Quality regulations;
    (2) National Environmental Policy Act (NEPA);
    (3) Moving Ahead for Progress in the 21st Century Act (MAP-21);
    (4) Department of Transportation Act of 1966;
    (5) Federal Aid Highway Act of 1970;
    (6) Clean Air Act Amendments of 1990;
    (7) Noise Control Act of 1970;
    (8) 23 CFR part 772 FHWA Noise Standards, Policies and Procedures;
    (9) Department of Transportation Act of 1966, Section 4(f);
    (10) Clean Water Act of 1977 and 1987;
    (11) Endangered Species Act of 1973;
    (12) Migratory Bird Treaty Act;
    (13) National Historic Preservation Act of 1966, as amended;
    (14) Historic Sites Act of 1935;
    (15) Executive Order 13112, Invasive Species; and
    (16) Title VI of the Civil Rights Act of 1964.

(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: November 7, 2019.
Laura S. Leffler,
Division Administrator, Federal Highway Administration, Columbus, Ohio.
[FR Doc. 2019-25792 Filed 11-26-19; 8:45 am]
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