[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48321-48322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17182]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Michigan

AGENCY: Federal Highway Administration (FHWA), Transportation (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 FHWA and other Federal 
agencies that are final. This final agency action relates to a proposed 
highway project, I-94, from I-96 to Conner Avenue in the city of 
Detroit, Wayne County, State of Michigan. The FHWA's Record of Decision 
provides details on the Selected Alternative for the proposed 
improvements.

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1)-(2). A claim seeking judicial 
review of the Federal agency action on the highway project will be 
barred unless the claim is filed on or before January 7, 2021. 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 
time period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Ruth Hepfer, Environment/
Right-of-way Specialist, FHWA Michigan Division, 315 Allegan, Room 201, 
Lansing, MI 48933, Telephone: (517) 702-1847, Email: 
[email protected]. The FHWA Michigan Division Office's normal 
business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time). For 
the Michigan Department of Transportation (MDOT): Terry Stepanski, 
P.E., Senior Project Manager, Michigan Department of Transportation, 
P.O. Box 30050, 425 W Ottawa Street, Lansing, MI 48909, Telephone: 
(517) 241-0233, Email: [email protected]. The Michigan Department 
of Transportation's normal business hours are 8:00 a.m. to 5:00 p.m. 
(Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Record of Decision for the following 
highway project in the State of Michigan: I-94 Detroit Modernization 
Project in Wayne County including modernization of approximately 6.7 
miles of Interstate freeway (I-94) in the city of Detroit, Michigan 
between I-96 and Conner Avenue. Improvements include adding a travel 
lane in each direction, modernizing system and service interchanges, 
reconstructing bridges crossing over the freeway, and work on the 
service drives. The project is included in MDOT's adopted 2020-2023 
State Transportation Improvement Program (STIP) and 2045 State Long 
Range Plan. The project is also included in the Southeast Michigan 
Council of Government's (SEMCOG) 2020-2023 Transportation Improvement 
Program and 2045 Regional Transportation Plan.
    The FHWA's action, related actions by other Federal agencies and 
the laws under which such actions were taken, are described in the 
Combined Final Supplemental Environmental Impact Statement and Record 
of Decision (Combined FSEIS and ROD) for the project, approved on June 
30, 2020, and in other documents in the project file. The Combined 
FSEIS and ROD is available for review by contacting FHWA or MDOT at the 
addresses provided above. In addition, these documents can be viewed 
and downloaded from the project website at: https://i94detroit.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 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]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and 
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667d]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].

[[Page 48322]]

    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. 469-469c]; 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: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; 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. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
    9. 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 3, 2020.
Russell L. Jorgenson,
Division Administrator, Lansing, Michigan.
[FR Doc. 2020-17182 Filed 8-7-20; 8:45 am]
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