Limitation of Claims Notice for Judicial Review of Actions by FHWA and Other Federal Agencies in the City of Cincinnati, Hamilton County, OH and the City of Covington, Kenton County, KY

Robert L. Griffith
Federal Highway Administration
November 2, 2012

[Federal Register Volume 77, Number 213 (Friday, November 2, 2012)]
[Notices]
[Pages 66215-66216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26874]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Limitation of Claims Notice for Judicial Review of Actions by 
FHWA and Other Federal Agencies in the City of Cincinnati, Hamilton 
County, OH and the City of Covington, Kenton County, KY

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: By this notice, the FHWA is advising the public of final 
agency actions subject to 23 U.S.C. 139(l)(1). The actions relate to a 
proposed project to improve the Brent Spence Bridge over the Ohio 
River, as well as improvements to Interstate Routes 71 and 75 and 
interchanges in the City of Cincinnati, Hamilton County, State of Ohio 
and City of Covington, Kenton County, Commonwealth of Kentucky, 
including a new bridge over the Ohio River. This notice covers those 
Federal agency actions to grant licenses, permits, and approvals for 
the project.

DATES: 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 May 1, 2013. 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: Noel F. Mehlo Jr., Environmental 
Program Manager, Federal Highway Administration, 200 North High Street, 
Room 328, Columbus, Ohio 43215, Telephone: (614) 280-6896; or Stefan 
Spinosa, PE, Ohio Department of Transportation (ODOT), 505 South State 
Route 741, Lebanon, Ohio 45036, Telephone: (513) 933-6639.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies including, but not limited to; the United States 
Coast Guard, United States Army Corps of Engineers, United States Fish 
and Wildlife Service, Advisory Council on

[[Page 66216]]

Historic Preservation, and USEPA have taken final agency actions by 
issuing licenses, permits, and approvals for the following major 
highway improvements in the State of Ohio and the Commonwealth of 
Kentucky. The project will involve: construction of a new Ohio River 
Bridge; an addition of one lane in each direction on I-75 from the 
Western Hills Viaduct interchange in Cincinnati to the Dixie Highway 
interchange in Kentucky, including auxiliary lanes and collector-
distributor systems where required at each interchange within the 
project area. The overall project length is approximately 7.8 miles 
along I-75. The actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the FHWA administrative 
record for the Environmental Assessment (EA) for the project and 
included in the Finding of No Significant Impact (FONSI) issued on 
August 9, 2012. The EA, FONSI, and other documents in the FHWA 
administrative record file are available by contacting the FHWA or ODOT 
at the addresses provided above. Pertinent project files may also be 
accessed through the ODOT project Web site at: http://www.brentspencebridgecorridor.com/. 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: 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]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); 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. 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 Number and Title: FHWA 
20.205 Highway Planning and Construction (A, B). 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 23, 2012.
Robert L. Griffith,
Acting Division Administrator, Federal Highway Administration, 
Columbus, Ohio.
[FR Doc. 2012-26874 Filed 11-1-12; 8:45 am]
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