[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38756-38757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16975]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Vermont

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA.

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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 a 
proposed highway project, the Middlebury Bridge and Rail Project on 
Main Street and Merchants Row over the Vermont Western Rail Corridor in 
the Town of Middlebury, Addison County, Vermont. Those actions grant 
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 12, 2018. 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: Mr. Kenneth R. Sikora, Jr., 
Environmental Program Manager, Federal Highway Administration, 87 State 
Street, Room 216, Montpelier, Vermont 05602; telephone: (802) 828-4573; 
email: <a href="/cdn-cgi/l/email-protection#d299b7bcbcb7a6bafc81bbb9bda0b392b6bda6fcb5bda4"><span class="__cf_email__" data-cfemail="dc97b9b2b2b9a8b4f28fb5b7b3aebd9cb8b3a8f2bbb3aa">[email protected]</span></a>. The FHWA Vermont Division Office's 
normal business hours are 8:00 a.m. to 4:30 p.m. (eastern time). For 
the Vermont Agency of Transportation: Mr. Wayne Symonds, Project 
Supervisor, Vermont Agency of Transportation, One National Life Drive, 
Montpelier, Vermont 05633; telephone: (808) 828-0055; email: 
<a href="/cdn-cgi/l/email-protection#6433051d0a014a371d090b0a001724120116090b0a104a030b12"><span class="__cf_email__" data-cfemail="82d5e3fbece7acd1fbefedece6f1c2f4e7f0efedecf6ace5edf4">[email protected]</span></a>. The Vermont Agency of Transportation's 
normal business hours are 7:45 a.m. to 4:30 p.m. (eastern time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA, has 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project in the State of Vermont: 
The Middlebury Bridge and Rail Project, Federal-aid Project Number 
WCRS(23), in the Town of Middlebury, Addison County. The project 
provides for the replacement of Bridges No. 102 and No. 2, carrying 
Vermont Route 30/Town Highway 2 (Main Street) and Town Highway 8 
(Merchants Row) respectively, over the Vermont Western Rail Corridor 
(VWRC) railroad track in downtown Middlebury. The bridges

[[Page 38757]]

will be replaced by constructing a single tunnel to carry the railroad 
under both Main Street and Merchants Row. The general purposes of the 
project are to improve safety, address the deteriorated conditions that 
have developed at both bridges, and to meet current roadway and 
railroad design standards. Because of the foreseeable need to provide 
for increased rail height during the design life of the structure, the 
project includes lowering the grade of the railroad for approximately 
3,600 feet along the rail corridor. The actions by the Federal 
agencies, and the laws under which such actions were taken, are 
described in the Revised Environmental Assessment (REA) for the 
project, approved on July 21, 2017, in the FHWA Finding of No 
Significant Impact (FONSI) issued on July 21, 2017, and/or in other 
documents in the FHWA project files. The REA, FONSI, and other project 
records are available by contacting the FHWA or the Vermont Agency of 
Transportation at the addresses provided above. The FHWA REA and FONSI 
can also be viewed and downloaded from the project Web site at http://vtrans.vermont.gov/projects/middlebury/environmental-assessment-individual-chapters.
    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. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    3. 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)].
    4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.].
    5. 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.

(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 4, 2017.
Kenneth R. Sikora, Jr.,
Environmental Program Manager, Montpelier, Vermont.
[FR Doc. 2017-16975 Filed 8-14-17; 8:45 am]
 BILLING CODE 4910-RY-P


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