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Notice of Final Federal Agency Actions on Transportation Project in Nebraska

Publication: Federal Register
Agency: Federal Highway Administration
Byline: James Simerl
Date: 16 January 2026
Subjects: American Government , Roads & Highways
Topic: United States Numbered Highways

[Federal Register Volume 91, Number 11 (Friday, January 16, 2026)]
[Notices]
[Pages 2269-2270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00812]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in Nebraska

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT)

ACTION: Notice of limitation on claims for judicial review.

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SUMMARY: This notice announces actions taken by the FHWA, on behalf of 
the Nebraska Department of Transportation, that are final. The 
action(s) relate to the BNSF, Bridgeport Project, located in Morrill 
County, Nebraska. Those actions grant licenses, permits, and approvals 
for the project. The project involves constructing a viaduct where U.S. 
Highway 26 (US-26)/Nebraska Highway 92 (N-92) crosses the BNSF 
Railway's (BNSF) railroad tracks west of the city of Bridgeport in 
Morrill County, Nebraska.
    The FHWA's National Environmental Policy Act (NEPA) Finding of No 
Significant Impact (FONSI) provides details on the Selected Alternative 
for the proposed improvements.

DATES: A claim seeking judicial review of the Federal agency actions on 
the listed highway project will be barred unless the claim is filed on 
or before June 15, 2026. 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: James Simerl, Acting Division Administrator, Federal 
Highway Administration, 100 Centennial Mall North, Room 220, Lincoln, 
NE, 68508, (402) 742-8460, james.simerl@dot.gov.
    For NDOT: Kyle Keller, Project Development Engineer, 1500 Nebraska 
Parkway, Lincoln, NE 68502-4759, (402) 479-4795, 
kyle.keller@nebraska.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions within the meaning of 23 U.S.C. 139(l)(1) by 
issuing a NEPA FONSI for the BNSF, Bridgeport Project, located in 
Morrill County, Nebraska. The action(s) by FHWA and the laws under 
which such actions were taken, are described in the FONSI and the 
associated agency records. That information is available by contacting 
FHWA at the addresses provided above.
    The purpose of the project is to eliminate conflicts between trains 
and vehicles at the existing at-grade BNSF railroad crossing, reduce 
vehicular delays at the US-26/N-92 crossing of the BNSF railroad 
tracks, and reduce crash costs associated with US-62/N-92 crossing of 
the BNSF railroad tracks. A FONSI for the project was signed on 
December 23, 2025.
    Information about the FONSI and associated records are available 
from FHWA at the addresses provided above

[[Page 2270]]

and can be found at: https://dot.nebraska.gov/projects/environment/environmental-documents/, or obtained by contacting the individuals 
listed above. This notice applies to all Federal agency decisions 
related to the FONSI 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. 
4321-4347]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, as amended [42 U.S.C. 7401-7671(q)].
    3. Land: Section 6(f) of the Land and Water Conservation Fund Act 
of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of 
Transportation Act of 1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 1536]. 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]. Migratory 
Bird Treaty Act [16 U.S.C. 703-712]. Bald and Golden Eagle Protection 
Act [16 U.S.C. 668-668c]. Magnuson-Stevens Fishery Conservation and 
Management Act of 1976, as amended [16 U.S.C. 1801 et seq.].
    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.]; Archaeological and Historic Preservation Act [16 U.S.C. 469-
469(c)];
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000d 
et seq.]; Farmland Protection Policy Act [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act (Section 319, 
Section 401, Section 402, Section 404) [33 U.S.C. 1251-1377]. Safe 
Drinking Water Act [42 U.S.C. 300(f) et seq.].
    8. Executive Orders: Executive Order 11990 Protection of Wetlands; 
Executive Order 11988 Floodplain Management; Executive Order 11593 
Protection and Enhancement of Cultural Resources; Executive Order 13007 
Indian Sacred Sites; Executive Order 13287 Preserve America; Executive 
Order 13175 Consultation and Coordination with Indian Tribal 
Governments; Executive Order 11514 Protection and Enhancement of 
Environmental Quality; Executive Order 13112 Invasive Species; 
Executive Order 13045 Protection of Children From Environmental Health 
Risks and Safety Risks.
    Authority: 23 U.S.C. 139(l)(1).

James Simerl
FHWA Acting Division Administrator Lincoln, NE.
[FR Doc. 2026-00812 Filed 1-15-26; 8:45 am]
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