Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 32031 

The FAA published a Notice of 

Availability of the Draft Final EA and 

FONSI in the Federal Register on April 

21, 2009. The FAA hosted a public 

meeting during the comment period, on 

May 14, 2009 in Jacksonville, Florida 

during which members of the public, 

organizations, tribal groups, and 

government agencies had the 

opportunity to provide oral or written 

comments on the Draft EA. Two 

members of the public provided 

comments during the meeting. The 

public comment period ended on May 

20, 2009. One written comment was 

received during the public comment 

period. The Final EA responds to all 

substantive comments and includes any 

changes or edits resulting from the 

comments received. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Czelusniak, Environmental 

Specialist, Office of Commercial Space 

Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Room 331, Washington, 

DC 20591, telephone (202) 267–5924; Email daniel.czelusniak@faa.gov. 

Issued in Washington, DC on June 29, 

2009. 

Michael McElligott, 

Manager, Space Systems Development 

Division. 

[FR Doc. E9–15872 Filed 7–2–09; 8:45 am] 

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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. 

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 (Interstate Routes 75 and 74 and 

adjacent road network and interchanges) 

in Cities of Cincinnati and St. Bernard, 

and the Village of Elmwood Place, in 

Hamilton 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 

project will be barred unless the claim 

is filed on or before January 4, 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. 

Mark L. Vonder Embse, P.E., Senior 

Transportation Engineer, Federal 

Highway Administration, 200 North 

High Street, Columbus, Ohio 43215; 

e-mail: mark.vonderembse@dot.gov; 

telephone: (614) 280–6854; FHWA Ohio 

Division Office’s normal business hours 

are 7:30 a.m. to 4 p.m. (eastern time). 

You may also contact Mr. Stefan 

Spinosa, Project Manager, Ohio 

Department of Transportation, 505 

South SR–741, Lebanon, Ohio 45036; 

telephone: (513) 933–6639. 

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 major 

highway improvement project in the 

State of Ohio: one additional through 

lane in each direction on I–75; changes 

in access for the following interchanges: 

Hopple Street (modernize with full 

access), Bates Avenue (access 

eliminated), I–74 (modernization with 

local access eliminated at Spring Grove 

Avenue, Central Parkway, and Colerain 

Avenue), Mitchell Avenue (redesigned), 

SR–562 (capacity improvements for the 

Norwood Lateral), Towne Street (closure 

of partial interchange), Paddock Road 

(improved operations on local roads), 

and I–74/Colerain Avenue/Beekman 

Street (upgrade to complete 

interchange). The total project length 

along I–75 is approximately eight miles. 

The actions by the Federal agencies, and 

the laws under which such actions were 

taken, are described in the 

Environmental Assessment (EA) for the 

project, approved on December 24, 

2008, in the FHWA Finding of No 

Significant Impact (FONSI) issued on 

May 7, 2009, and in other documents in 

the FHWA administrative record. The 

EA, FONSI, and other documents in the 

FHWA administrative record file are 

available by contacting the FHWA or the 

Ohio Department of Transportation at 

the addresses provided 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 [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Land and Water Conservation 

Fund (LWCF), 16 U.S.C. 4601–4604; 

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], 

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]. 

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]. 

7. Wetlands and Water Resources: 

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. 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 June 15, 2009. 

Patrick A. Bauer, 

Acting Division Administrator, Columbus, 

Ohio. 

[FR Doc. E9–15836 Filed 7–2–09; 8:45 am] 

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