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###### Department of Transportation

###### Federal Highway Administration

# AGENCY:

Federal Highway Administration (FHWA), DOT.

# ACTION:

Notice of Limitation on Claims for Judicial Review of Actions by FHWA.

# SUMMARY:

This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the improvements on U.S. Highway 12 from I-90/94 to Terrytown Road in Sauk County, Wisconsin. 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 August 3, 2009. 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:

                        Mr. Johnny Gerbitz, Federal Highway Administration, 525 Junction Road Suite 8000, Madison, Wisconsin 53717; telephone: (608) 829-7511, e-mail:                         *Johnny.Gerbitz@fhwa.dot.gov*. The FHWA Wisconsin Division's normal office hours are 7 a.m. to 4 p.m. (central time). For the Wisconsin Department of Transportation: Mr. Jim Rohe, Wisconsin Department of Transportation, 3550 Mormon Coulee Road, La Crosse, Wisconsin 54601;                         *telephone:*                         608-785-9038, e-mail:                         *james.rohe@dot.state.wi.us*.                    

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given that FHWA 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 Wisconsin: U.S. 12 in Sauk County, WI, from I-90/94 to Terrytown Road in Baraboo, WI. Due to design changes affecting property outside of the original footprint specified in the FEIS (FHWA-WI-EIS-96-02-F) and ROD (approved February 10, 2004), additional analysis of the area impacted by the design changes was conducted. A Revised Record of Decision (ROD) was issued on October 29, 2008 and approves the design changes and updates the findings for the project. The actions taken by FHWA, and the laws under which such actions                           ( print page 6082)                        were taken, are described in the Final Environmental Impact Statement for the project, and in other documents in the FHWA or WisDOT project records. The FEIS, Revised ROD, and other project records are available by contacting FHWA or WisDOT at the addresses provided above. The FHWA FEIS and Revised ROD can also be viewed at the Wisconsin DOT's La Crosse office at the address noted above. 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 (FAHA) [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 [23 U.S.C. 138 and 49 U.S.C. 303] and Section 6(f) of the Land and Water Conservation Act as amended [16 U.S.C. 4601].                

                    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)].                

                    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. 469-469(c)]; Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-3013].                

                    6.                     *Social and Economic:*                     Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201-4209].                

                    7.                     *Executive Orders:*E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Population; E.O. 13007, Indian Sacred Sites.                

(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: January 29, 2009.

Allen Radliff,

Division Administrator, Wisconsin Division.

[FR Doc. E9-2317 Filed 2-3-09; 8:45 am]

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