[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Page 44074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12553]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Ohio
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 project, U.S. Route
823 (the Portsmouth Bypass), from Lucasville in Scioto county to near
Sciotodale in Scioto county in the State of Ohio. Those actions grant
licenses, permits, and approvals for the 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 Federal agency actions on the highway project will be barred
unless the claim is filed on or before January 30, 2007. 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: For FHWA: Mr. David Snyder,
Environmental Program Manager, Federal Highway Administration, 200
North High Street, Columbus, Ohio 43215; telephone: (614) 280-6852; e-
mail: [email protected]; FHWA Ohio Division Office's normal
business hours are 8 a.m. to 4:30 p.m. (eastern time). For Ohio
Department of Transportation: Mr. Tim Hill, Ohio Department of
Transportation, 1980 West Broad Street, Columbus, OH 43223; telephone:
(624) 644-0377.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and
other Federal agencies have taken final agency actions by issuing
licenses, permits, and approvals for the following highway project in
the State of Ohio: U.S. Route 823 (the Portsmouth Bypass), from
Lucasville in Scioto county to near Sciotodale in Scioto county in the
State of Ohio. The project will be a 16 mile long, four-lane divided
limited access highway. It will begin at U.S. Route 23 in Lucasville.
It will then proceed in a southeasterly direction staying north of
Clarktown, south of Minford, west of Rigrish Addition, and just west of
Sciotodale. It will end near Sciotodale by tying back into the existing
4-lane divided U.S. Route 52 just east of SR140. The proposed highway
will be on new alignment. The actions by the Federal agencies, and the
laws under which such actions were taken, are described in the Final
Environmental Impact Statement (FEIS) for the project, approved on
August 10, 2005, in the FHWA Record of Decision (ROD) issued on June 9,
2006, and in other documents in the FHWA project records. The FEIS,
ROD, and other project records are available by contacting the FHWA or
the Ohio Department of Transportation at the addresses provided above.
The FEIS and ROD can be viewed at the Lucasville Public Library, the
Scioto County Engineer's offices, the Scioto County Commissioner's
office, the Portsmouth Public Library, the New Boston Public Library,
the Wheelersburg Public Library, and the South Webster Public Library.
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].
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 [16 U.S.C. 1531-1544 and
Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712].
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)]; 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: 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]; Clean
Water Act, [33 U.S.C. 1251-1377 (Section 401, 404, and 319)]; Emergency
Wetlands Resources Act, [16 U.S.C. 3921, 3931; 133(b)(11)]; Flood
Disaster Protection Act, [42 U.S.C. 4001-4128].
8. 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: July 27, 2006.
Dennis Decker,
Division Administrator, Columbus, Ohio.
[FR Doc. E6-12553 Filed 8-2-06; 8:45 am]
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