Notice of Federal Agency Actions on Proposed Transportation Projects in Ohio, 44073-44074 [E6-12563]

Download as PDF Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices Agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to proposed highway and transit projects within the area known as the Eastern Corridor, which is a 165 square mile area in the Cincinnati metropolitan area that extends from the Cincinnati Central Business District and riverfront redevelopment area in Hamilton County, easterly to east of the I–275 outerbelt corridor in Clermont County, near the communities of Milford, Batavia, and Amelia, in the State of Ohio. 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 on tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR Part 771, determined certain issues relating to the proposed projects. Those Tier 1 Percent decisions will be used by Federal agencies in subsequent proceedings, Homeowners with Credit Available including decisions whether to grant Elsewhere ................................... 5.875 licenses, permits, and approvals for Homeowners without Credit Available Elsewhere: .......................... 2.937 highway and transit projects. Tier 1 decisions also may be relied upon by Businesses with Credit Available Elsewhere: .................................. 7.763 State and local agencies in proceedings Businesses & Small Agricultural on the proposed projects. Cooperatives without Credit DATES: By this notice, the FHWA is Available Elsewhere: ................... 4.000 advising the public that it has made Other (Including Non-Profit Organidecisions that are subject to 23 U.S.C. zations) with Credit Available Elsewhere: .................................. 5.000 139(l)(1) and are final within the meaning of that law. A claim seeking Businesses And Non-Profit Organizations without Credit Available judicial review of the Tier 1 Federal Elsewhere: .................................. 4.000 agency decisions on the proposed highway and transit projects will be The number assigned to this disaster barred unless the claim is filed on or for physical damage is 10552 5 and for before January 30, 2007. If the Federal economic injury is 10553 0. law that authorizes judicial review of a The States which received an EIDL claim provides a time period of less Declaration # are California, Arizona, than 180 days for filing such claim, then Nevada. that shorter time period still applies. (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: For Numbers 59002 and 59008) FHWA: Mr. Mark L. Vonder Embse, PE., Dated: July 27, 2006. Senior Transportation Engineer, Federal Steven C. Preston, Highway Administration, 200 North Administrator. High Street, Columbus, Ohio, 43215; email: mark.vonderembse@fhwa.dot.gov; [FR Doc. E6–12502 Filed 8–2–06; 8:45 am] telephone: (614) 280–6854; FHWA Ohio BILLING CODE 8025–01–P Division Office’s normal business hours are 8 a.m. to 4:30 p.m. (eastern time). DEPARTMENT OF TRANSPORTATION You also may contact Mr. Tim Hill, Ohio Department of Transportation, Federal Highway Administration 1980 West Broad Street, Columbus, OH 43223; telephone: (614) 644–0377. Notice of Federal Agency Actions on SUPPLEMENTARY INFORMATION: Notice is Proposed Transportation Projects in hereby given that the FHWA has issued Ohio a Tier 1 Record of Decision (ROD) in connection with proposed highway and AGENCY: Federal Highway transit projects within the Eastern Administration (FHWA), DOT. Corridor of the City of Cincinnati in the ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA State of Ohio. Decisions in the Tier 1 ROD include, but are not limited to, the and Other Federal Agencies. following: SUMMARY: This notice announces actions 1. Purpose and need for the projects, taken by the FHWA and other Federal including the need for actions to A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator’s disaster declaration applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: Primary Counties: San Bernardino. Contiguous Counties: Arizona: La Paz, Mohave. California: Inyo, Kern, Los Angeles, Orange, Riverside. Nevada: Clark. The Interest Rates are: hsrobinson on PROD1PC69 with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 15:20 Aug 02, 2006 Jkt 208001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 44073 increase highway capacity, reduce congestion and delay, improve safety and increase transportation connectivity in the region. 2. Reasonable alternatives that will be carried forward for further evaluation in the Tier 2 proceedings. 3. Alternatives that have been eliminated from further consideration and study, including but not limited to the no-build alternative; the Wasson Light Rail Transit alternative; the Beechmont Levee Corridor alternative; and individual or combined measures involving high occupancy vehicle lanes, bus rapid transit, ferry boats, and expanded Ohio River crossings on I–275 and I–471. 4. The Little Miami River will be clear spanned, thereby precluding the proposed highway and transit crossing from being designated as a water resources project within the meaning of Section 7 of the Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287. The Tier 1 actions by the Federal agencies, and the laws under which such actions were taken, are described in the Draft Environmental Impact Statement (DEIS), approved November 8, 2004, the FEIS approved September 30, 2005, the ROD approved June 2, 2006, and in other documents in the FHWA project records. The DEIS, FEIS, ROD and other documents in the FHWA project file are available by contacting the FHWA or the Ohio Department of Transportation at the addresses provided above. The DEIS, FEIS, and ROD also are available online at https:// www.easterncorridor.org/default.asp. The scope and purpose of the Tier 1 FEIS are described in Sections 1.1 and 1.3 of the FEIS and referenced sections of the DEIS. The DEIS, FEIS, and ROD describe the issues that will be addressed in Tier 2, including further refinement and evaluation of the alternatives advanced to Tier 2 and identification of preferred alternatives for the various parts of the multimodal plan. 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. E:\FR\FM\03AUN1.SGM 03AUN1 44074 Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 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; email: David.Snyder@fhwa.dot.gov; 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 (Catalog of Federal Domestic Assistance approvals for the following highway Program Number 20.205, Highway Planning project in the State of Ohio: U.S. Route and Construction. The regulations 823 (the Portsmouth Bypass), from implementing Executive Order 12372 Lucasville in Scioto county to near regarding intergovernmental consultation on Sciotodale in Scioto county in the State Federal programs and activities apply to this of Ohio. The project will be a 16 mile program.) long, four-lane divided limited access Authority: 23 U.S.C. 139(l)(1). highway. It will begin at U.S. Route 23 Issued on: July 26, 2006. in Lucasville. It will then proceed in a Dennis A. Decker, southeasterly direction staying north of Division Administrator, Columbus, Ohio. Clarktown, south of Minford, west of [FR Doc. E6–12563 Filed 8–2–06; 8:45 am] Rigrish Addition, and just west of Sciotodale. It will end near Sciotodale BILLING CODE 4910–22–P by tying back into the existing 4-lane divided U.S. Route 52 just east of DEPARTMENT OF TRANSPORTATION SR140. The proposed highway will be on new alignment. The actions by the Federal Highway Administration Federal agencies, and the laws under which such actions were taken, are Notice of Final Federal Agency Actions described in the Final Environmental on Proposed Highway in Ohio Impact Statement (FEIS) for the project, approved on August 10, 2005, in the AGENCY: Federal Highway FHWA Record of Decision (ROD) issued Administration (FHWA), DOT. on June 9, 2006, and in other documents ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA in the FHWA project records. The FEIS, ROD, and other project records are and Other Federal Agencies. available by contacting the FHWA or the SUMMARY: This notice announces actions Ohio Department of Transportation at taken by the FHWA and other Federal the addresses provided above. The FEIS agencies that are final within the and ROD can be viewed at the meaning of 23 U.S.C. 139(l)(1). The Lucasville Public Library, the Scioto actions relate to a proposed highway County Engineer’s offices, the Scioto project, U.S. Route 823 (the Portsmouth County Commissioner’s office, the Bypass), from Lucasville in Scioto Portsmouth Public Library, the New county to near Sciotodale in Scioto Boston Public Library, the Wheelersburg county in the State of Ohio. Those Public Library, and the South Webster actions grant licenses, permits, and Public Library. approvals for the project. This notice applies to all Federal DATES: By this notice, the FHWA is agency decisions as of the issuance date advising the public of final agency of this notice and all laws under which actions subject to 23 U.S.C. 139(l)(1). A such actions were taken, including but claim seeking judicial review of the not limited to: Federal agency actions on the highway 1. General: National Environmental project will be barred unless the claim Policy Act (NEPA) [42 U.S.C. 4321– is filed on or before January 30, 2007. 4351]; Federal-Aid Highway Act [23 If the Federal law that authorizes U.S.C. 109]. 2. Air: Clean Air Act, [42 U.S.C. 7401– judicial review of a claim provides a 7671(q)]. time period of less than 180 days for hsrobinson on PROD1PC69 with NOTICES 4. 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; Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11). 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. 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; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 11514 Protection and Enhancement of Environmental Quality. VerDate Aug<31>2005 15:20 Aug 02, 2006 Jkt 208001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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] BILLING CODE 4910–22–P E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44073-44074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12563]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Federal Agency Actions on Proposed Transportation 
Projects 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.

-----------------------------------------------------------------------

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 proposed highway and transit projects 
within the area known as the Eastern Corridor, which is a 165 square 
mile area in the Cincinnati metropolitan area that extends from the 
Cincinnati Central Business District and riverfront redevelopment area 
in Hamilton County, easterly to east of the I-275 outerbelt corridor in 
Clermont County, near the communities of Milford, Batavia, and Amelia, 
in the State of Ohio. 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 on 
tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR Part 771, 
determined certain issues relating to the proposed projects. Those Tier 
1 decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for highway and transit projects. Tier 1 decisions also may be relied 
upon by State and local agencies in proceedings on the proposed 
projects.

DATES: By this notice, the FHWA is advising the public that it has made 
decisions that are subject to 23 U.S.C. 139(l)(1) and are final within 
the meaning of that law. A claim seeking judicial review of the Tier 1 
Federal agency decisions on the proposed highway and transit projects 
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. Mark L. Vonder Embse, 
PE., Senior Transportation Engineer, Federal Highway Administration, 
200 North High Street, Columbus, Ohio, 43215; e-mail: 
mark.vonderembse@fhwa.dot.gov; telephone: (614) 280-6854; FHWA Ohio 
Division Office's normal business hours are 8 a.m. to 4:30 p.m. 
(eastern time). You also may contact Mr. Tim Hill, Ohio Department of 
Transportation, 1980 West Broad Street, Columbus, OH 43223; telephone: 
(614) 644-0377.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
issued a Tier 1 Record of Decision (ROD) in connection with proposed 
highway and transit projects within the Eastern Corridor of the City of 
Cincinnati in the State of Ohio. Decisions in the Tier 1 ROD include, 
but are not limited to, the following:
    1. Purpose and need for the projects, including the need for 
actions to increase highway capacity, reduce congestion and delay, 
improve safety and increase transportation connectivity in the region.
    2. Reasonable alternatives that will be carried forward for further 
evaluation in the Tier 2 proceedings.
    3. Alternatives that have been eliminated from further 
consideration and study, including but not limited to the no-build 
alternative; the Wasson Light Rail Transit alternative; the Beechmont 
Levee Corridor alternative; and individual or combined measures 
involving high occupancy vehicle lanes, bus rapid transit, ferry boats, 
and expanded Ohio River crossings on I-275 and I-471.
    4. The Little Miami River will be clear spanned, thereby precluding 
the proposed highway and transit crossing from being designated as a 
water resources project within the meaning of Section 7 of the Wild and 
Scenic Rivers Act, 16 U.S.C. 1271-1287.
    The Tier 1 actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Draft Environmental 
Impact Statement (DEIS), approved November 8, 2004, the FEIS approved 
September 30, 2005, the ROD approved June 2, 2006, and in other 
documents in the FHWA project records. The DEIS, FEIS, ROD and other 
documents in the FHWA project file are available by contacting the FHWA 
or the Ohio Department of Transportation at the addresses provided 
above. The DEIS, FEIS, and ROD also are available online at https://
www.easterncorridor.org/default.asp.
    The scope and purpose of the Tier 1 FEIS are described in Sections 
1.1 and 1.3 of the FEIS and referenced sections of the DEIS. The DEIS, 
FEIS, and ROD describe the issues that will be addressed in Tier 2, 
including further refinement and evaluation of the alternatives 
advanced to Tier 2 and identification of preferred alternatives for the 
various parts of the multimodal plan.
    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.

[[Page 44074]]

    4. 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; 
Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11).
    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.
    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; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 11514 Protection and Enhancement of Environmental 
Quality.

(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 26, 2006.
Dennis A. Decker,
Division Administrator, Columbus, Ohio.
 [FR Doc. E6-12563 Filed 8-2-06; 8:45 am]
BILLING CODE 4910-22-P
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