[Federal Register Volume 74, Number 199 (Friday, October 16, 2009)]
[Notices]
[Pages 53319-53320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24321]


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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, the 
Cleveland Innerbelt Project, within the City of Cleveland, Cuyahoga 
County, 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

[[Page 53320]]

project will be barred unless the claim is filed on or before April 14, 
2010. 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. Herman Rodrigo, Office Director, 
Office of Engineering and Operations, Federal Highway Administration, 
200 North High Street, Room 328, Columbus, Ohio 43215; telephone: (614) 
280-6896; e-mail: <a href="/cdn-cgi/l/email-protection#97f8fffef8b9f1ffe0f6d7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="f19e99989edf97998690b1959e85df969e87">[email protected]</span></a>; FHWA Ohio Division Office's normal 
business hours are 8 a.m. to 4:30 p.m. (eastern time). You may also 
contact Mr. Craig K. Hebebrand, PE, Project Manager, Ohio Department of 
Transportation (ODOT), District 12, 5500 Transportation Blvd., Garfield 
Heights, Ohio 44125; telephone: (216) 584-2113; e-mail: 
<a href="/cdn-cgi/l/email-protection#c586b7a4aca2eb8da0a7a0a7b7a4aba185a1aab1ebb6b1a4b1a0ebaaadebb0b6"><span class="__cf_email__" data-cfemail="2c6f5e4d454b0264494e494e5e4d42486c484358025f584d584902434402595f">[email protected]</span></a>; ODOT District 12's normal business 
hours are 8 a.m. to 4:30 p.m. (eastern time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions subject to 23 
U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the 
following major highway improvement project in the State of Ohio: The 
Cleveland Innerbelt Project provides for the major reconstruction and 
reconfiguration of Interstates 71 and 90, the I-90/I-77 interchange, 
the intersecting and overlapping local roadways, intersections, and 
interchanges, and the transitional connections to adjoining radial 
freeways and roadways. The Cleveland Innerbelt is routed across the 
Cuyahoga River valley and around the south and east sides of downtown 
Cleveland, Ohio. The Project length is approximately 3.24 miles. The 
Project's three main termini are located approximately at: (1) The 
merge/diverge point of State Route 176, (the Jennings Freeway) and 
Interstate 71 southwest of downtown, (2) the Pershing Avenue 
interchange on Interstate 77 south of downtown, and; (3) east of the 
Interstate 90/State Route 2 interchange east of downtown along the 
shore of Lake Erie and adjacent to the Burke Lakefront Airport. The 
current estimated Project cost to implement Alternative A, the approved 
environmentally preferred alternative, is $2.7 to $3.5 billion, based 
upon expected year of expenditure. Implementation is expected to occur 
in phases over the period from 2010 to 2033. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Cleveland Innerbelt Project, CUY--71/90--16.79/14.90, 
PID 77510, Conceptual Alternatives Study, dated and accepted on August 
11, 2006, the Draft Environmental Impact Statement/Section 4(f) 
Evaluation, approved on March 3, 2009, the March 2009 Interchange 
Justification Study, the Final Environmental Impact Statement/Section 
4(f) Evaluation, approved on July 22, 2009, and the Record of Decision, 
Section 4(f) Approval, and Interchange Justification Study Approval 
issued on September 18, 2009, and in other documents specifically 
incorporated into the listed documents by reference or by extension 
which in total constitute the Project environmental record. The Project 
environmental record and other Project records reside within the FHWA 
and ODOT administrative record/Project files. Project records are 
available for review by contacting either the FHWA or the ODOT at the 
addresses provided above. All of the above records as expressly listed 
are available for review on, and for downloading from, the Project's 
Web site as maintained by the ODOT District 12 Office in Garfield 
Heights, Ohio which is located within the City of Cleveland metro area. 
The Project Web site address is as follows: http://www.dot.state.oh.us/projects/ClevelandUrbanCoreProjects/Innerbelt/Pages/default.aspx.
    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, 23 U.S.C. 128 and 
23 U.S.C. 139].
    2. Design: Federal-Aid Highway Act [23 U.S.C. 101 and 23 U.S.C. 
109] FHWA, February 11, 1998 Interstate Access Policy: Additional 
Interchanges to the Interstate System.
    3. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    4. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Federal-Aid Highway Act [23 U.S.C. 138]; 
Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319].
    5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    6. 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].
    7. 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].
    8. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; 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]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128].
    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: October 1, 2009.
Patrick A. Bauer,
Acting Division Administrator, Columbus, Ohio.
[FR Doc. E9-24321 Filed 10-15-09; 8:45 am]
BILLING CODE 4910-RY-P


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