Notice of Final Federal Agency Actions on Proposed Highway in Michigan, 48321-48322 [2020-17182]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Notices caltrans-near-me/district-3/d3programs/d3-environmental/d3environmental-docs 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 of 1969, as amended, 42 U.S.C. 4321 et seq. 3. Federal-Aid Highway Act of 1970, 23 U.S.C 109 4. MAP–21, the Moving Ahead for Progress in the 21st Century Act (Pub.L. 112–141) 5. Clean Air Act Amendments of 1990 (CAAA) 6. Clean Water Act of 1977 and 1987 7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 1977 & 1987) 8. Federal Land Policy and Management Act of 1976 (Paleontological Resources) 9. Noise Control Act of 1972 10. Safe Drinking Water Act of 1944, as amended 11. Endangered Species Act of 1973 12. Executive Order 11990, Protection of Wetlands 13. Executive Order 13112, Invasive Species 14. Executive Order 13186, Migratory Birds 15. Fish and Wildlife Coordination Act of 1934, as amended 16. Migratory Bird Treaty Act 17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 1006– 1007 18. Wildflowers, Surface Transportation and Uniform Relocation Act of 1987 Section 130 19. Coastal Zone Management Act of 1972 20. Coastal Zone Management Act Reauthorization Amendments Of 1990 21. Executive Order 11988, Floodplain Management 22. Department of Transportation (DOT) Executive Order 5650.2— Floodplain Management and Protection (April 23, 1979) 23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10 24. Title VI of the Civil Rights Act of 1964, as amended 25. Executive Order 12898, Federal Actions to Address Environmental Justice and Low-Income Populations (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations VerDate Sep<11>2014 20:31 Aug 07, 2020 Jkt 250001 implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) 48321 Notice is hereby given that FHWA has taken final agency action by issuing a Record of Decision for the following highway Authority: 23 U.S.C. 139(l)(1) project in the State of Michigan: I–94 Detroit Modernization Project in Wayne Issued on: August 4, 2020. County including modernization of Rodney Whitfield, Director, Financial Services, Federal Highway approximately 6.7 miles of Interstate freeway (I–94) in the city of Detroit, Administration, California Division. Michigan between I–96 and Conner [FR Doc. 2020–17450 Filed 8–7–20; 8:45 am] Avenue. Improvements include adding BILLING CODE 4910–RY–P a travel lane in each direction, modernizing system and service DEPARTMENT OF TRANSPORTATION interchanges, reconstructing bridges crossing over the freeway, and work on Federal Highway Administration the service drives. The project is included in MDOT’s adopted 2020– Notice of Final Federal Agency Actions 2023 State Transportation Improvement on Proposed Highway in Michigan Program (STIP) and 2045 State Long Range Plan. The project is also included AGENCY: Federal Highway Administration (FHWA), Transportation in the Southeast Michigan Council of Government’s (SEMCOG) 2020–2023 (DOT). Transportation Improvement Program ACTION: Notice of limitation on claims and 2045 Regional Transportation Plan. for judicial review of actions by FHWA The FHWA’s action, related actions and other Federal agencies. by other Federal agencies and the laws SUMMARY: This notice announces actions under which such actions were taken, taken by FHWA and other Federal are described in the Combined Final agencies that are final. This final agency Supplemental Environmental Impact action relates to a proposed highway Statement and Record of Decision project, I–94, from I–96 to Conner (Combined FSEIS and ROD) for the Avenue in the city of Detroit, Wayne project, approved on June 30, 2020, and County, State of Michigan. The FHWA’s in other documents in the project file. Record of Decision provides details on The Combined FSEIS and ROD is the Selected Alternative for the available for review by contacting proposed improvements. FHWA or MDOT at the addresses DATES: By this notice, FHWA is advising provided above. In addition, these documents can be viewed and the public of final agency actions downloaded from the project website at: subject to 23 U.S.C. 139(l)(1)–(2). A https://i94detroit.org/. claim seeking judicial review of the This notice applies to all Federal Federal agency action on the highway agency decisions as of the issuance date project will be barred unless the claim of this notice and all laws under which is filed on or before January 7, 2021. If such actions were taken, including but the Federal law that authorizes judicial review of a claim provides a time period not limited to: of less than 150 days for filing such 1. General: National Environmental claim, then that shorter time period still Policy Act (NEPA) [42 U.S.C. 4321– applies. 4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. FOR FURTHER INFORMATION CONTACT: For 2. Air: Clean Air Act [42 U.S.C. 7401– FHWA: Ruth Hepfer, Environment/ 7671(q)]. Right-of-way Specialist, FHWA 3. Land: Section 4(f) of the Michigan Division, 315 Allegan, Room Department of Transportation Act of 201, Lansing, MI 48933, Telephone: 1966 [49 U.S.C. 303]; Landscaping and (517) 702–1847, Email: Ruth.Hepfer@ Scenic Enhancement (Wildflowers) [23 dot.gov. The FHWA Michigan Division U.S.C. 319]. Office’s normal business hours are 8:00 4. Wildlife: Endangered Species Act a.m. to 4:30 p.m. (Eastern Standard (ESA) [16 U.S.C. 1531–1544 and Section Time). For the Michigan Department of 1536]; Marine Mammal Protection Act Transportation (MDOT): Terry Stepanski, P.E., Senior Project Manager, [16 U.S.C. 1361]; Anadromous Fish Michigan Department of Transportation, Conservation Act [16 U.S.C. 757(a)– 757(g)], Fish and Wildlife Coordination P.O. Box 30050, 425 W Ottawa Street, Act [16 U.S.C. 661–667d]; Migratory Lansing, MI 48909, Telephone: (517) Bird Treaty Act [16 U.S.C. 703–712], 241–0233, Email: StepanskiT@ Magnuson-Stevenson Fishery michigan.gov. The Michigan Conservation and Management Act of Department of Transportation’s normal business hours are 8:00 a.m. to 5:00 p.m. 1976, as amended [16 U.S.C. 1801 et seq.]. (Eastern Standard Time). PO 00000 Frm 00173 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: E:\FR\FM\10AUN1.SGM 10AUN1 48322 Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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). VerDate Sep<11>2014 20:31 Aug 07, 2020 Jkt 250001 Issued on: August 3, 2020. Russell L. Jorgenson, Division Administrator, Lansing, Michigan. permits, and approvals for the highway projects in the State of Texas that are listed below. The actions by TxDOT and Federal [FR Doc. 2020–17182 Filed 8–7–20; 8:45 am] agencies and the laws under which such BILLING CODE 4910–22–P actions were taken are described in the Categorical Exclusion (CE), DEPARTMENT OF TRANSPORTATION Environmental Assessment (EA), or Environmental Impact Statement (EIS) Notice of Final Federal Agency Actions issued in connection with the projects on Proposed Highway Projects in and in other key project documents. The Texas CE, EA, or EIS and other key documents for the listed projects are available by AGENCY: Texas Department of contacting TxDOT at the address Transportation (TxDOT), Federal provided above. Highway Administration (FHWA), U.S. This notice applies to all TxDOT and Department of Transportation. Federal agency decisions as of the ACTION: Notice of Limitation on Claims issuance date of this notice and all laws for Judicial Review of Actions by under which such actions were taken, TxDOT and Federal Agencies. including but not limited to: SUMMARY: This notice announces actions 1. General: National Environmental taken by TxDOT and Federal agencies Policy Act (NEPA) [42 U.S.C. 4321– that are final. The environmental 4351]; Federal-Aid Highway Act [23 review, consultation, and other actions U.S.C. 109]. required by applicable Federal 2. Air: Clean Air Act, 42 U.S.C. 7401– environmental laws for these projects 7671(q). are being, or have been, carried-out by 3. Land: Section 4(f) of the TxDOT pursuant to an assignment Department of Transportation Act of agreement executed by FHWA and 1966 [49 U.S.C. 303]; Landscaping and TxDOT. The actions relate to various Scenic Enhancement (Wildflowers), 23 proposed highway projects in the State U.S.C. 319. of Texas. These actions grant licenses, 4. Wildlife: Endangered Species Act permits, and approvals for the projects. [16 U.S.C. 1531–1544 and Section DATES: By this notice, TxDOT is 1536], Marine Mammal Protection Act advising the public of final agency [16 U.S.C. 1361], Fish and Wildlife actions subject to 23 U.S.C. 139(l)(1). A Coordination Act [16 U.S.C. 661– claim seeking judicial review of TxDOT 667(d)], Migratory Bird Treaty Act [16 and Federal agency actions on the U.S.C. 703–712]. highway projects will be barred unless 5. Historic and Cultural Resources: the claim is filed on or before the Section 106 of the National Historic deadline. For the projects listed below, Preservation Act of 1966, as amended the deadline is January 7, 2021. If the [54 U.S.C. 300101 et seq.]; Archeological Federal law that authorizes judicial Resources Protection Act of 1977 [16 review of a claim provides a time period U.S.C. 470(aa)–11]; Archeological and of less than 150 days for filing such a Historic Preservation Act [54 U.S.C. claim, then that shorter time period still 312501 et seq.]; Native American Grave applies. Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs 6. Social and Economic: Civil Rights Division, Texas Department of Act of 1964 [42 U.S.C. 2000(d)– Transportation, 125 East 11th Street, 2000(d)(1)]; American Indian Religious Austin, Texas 78701; telephone: (512) Freedom Act [42 U.S.C. 1996]; Farmland 416–2734; email: carlos.swonke@ Protection Policy Act (FPPA) [7 U.S.C. txdot.gov. TxDOT’s normal business 4201–4209]. hours are 8:00 a.m.–5:00 p.m. (central 7. Wetlands and Water Resources: time), Monday through Friday. Clean Water Act, 33 U.S.C. 1251–1377 (Section 404, Section 401, Section 319); SUPPLEMENTARY INFORMATION: The environmental review, consultation, and Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601–4604; Safe other actions required by applicable Drinking Water Act (SDWA), 42 U.S.C. Federal environmental laws for these projects are being, or have been, carried- 300(f)–300(j)(6); Rivers and Harbors Act out by TxDOT pursuant to 23 U.S.C. 327 of 1899, 33 U.S.C. 401–406; Wild and Scenic Rivers Act, 16 U.S.C. 1271–1287; and a Memorandum of Understanding Emergency Wetlands Resources Act, 16 dated December 9, 2019, and executed U.S.C. 3921, 3931; TEA–21 Wetlands by FHWA and TxDOT. Mitigation, 23 U.S.C. 103(b)(6)(m), Notice is hereby given that TxDOT 133(b)(11); Flood Disaster Protection and Federal agencies have taken final Act, 42 U.S.C. 4001–4128. agency actions by issuing licenses, PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[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.

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

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]
BILLING CODE 4910-22-P


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