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Notice of Final Federal Agency Actions on Proposed Highway Project in Wisconsin

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway Project in Wisconsin

Michael Davies
Federal Highway Administration
7 October 2016

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Page 69898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23785]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway 
Project in Wisconsin

AGENCY: Federal Highway Administration (FHWA), DOT.

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


SUMMARY: This notice announces actions taken by FHWA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, Interstate 94 (I-94) East-West Corridor, 70th 
Street to 16th Street, in Milwaukee County, Wisconsin. Those actions 
grant approvals for the project.

DATES: By this notice, 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 March 6, 2017. 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.

Administrator, FHWA Wisconsin Division Office, 525 Junction Road Suite 
8000, Madison, Wisconsin 53717; telephone: (608) 829-7500; email: 
Wisconsin.FHWA@dot.gov. The FHWA Wisconsin Division's normal office 
hours are 7 a.m. to 4 p.m. central time. For the Wisconsin Department 
of Transportation (WisDOT): Jason Lynch, PE, Wisconsin Department of 
Transportation, Southeast Region, 141 NW Barstow Street, Waukesha, 
Wisconsin 53187; telephone: (414) 750-1803; email: 

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing approval 
for the following highway project: Interstate 94 (I-94) East-West 
Corridor, 70th Street to 16th Street, in Milwaukee County, Wisconsin, 
Wisconsin DOT Project I.D. 1060-27-00. The purpose of the project is to 
address the deteriorated condition of I-94, obsolete roadway and bridge 
design, existing and future traffic demand, and high crash rates along 
approximately 3.5 miles of I-94. The project includes reconstructing 
and adding a through lane along I-94 in each direction along its 
existing alignment; reconstructing the 68th/70th Street interchange; 
reconstructing the Hawley Road interchange as a partial interchange; 
closure of the Mitchell Boulevard interchange; reconfiguring the system 
interchange at I-94/WIS 175/Miller Park Way (Stadium Interchange) as a 
hybrid between a service interchange and a system interchange 
(including a local road connection to Mitchell Boulevard and modifying 
the WIS 175 interchange ramps at Wisconsin Avenue); reconstructing the 
35th Street and 27th Street interchanges; and local roadway 
improvements to offset impacts to local traffic from interchange 
    The actions taken by FHWA on this project, and laws under which 
such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS), approved on January 29, 2016, in the Record of 
Decision (ROD) issued on September 9, 2016, and in other documents in 
the FHWA or WisDOT project records. The FEIS, ROD, and other project 
records are available by contacting FHWA or WisDOT at the addresses 
provided above. The FEIS and ROD can also be viewed on the project Web 
site: http://wisconsindot.gov/Pages/projects/by-region/se/94stadiumint/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 (FAHA) [23 U.S.C. 109, 23 U.S.C. 
128, and 23 U.S.C 139].
    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 [23 U.S.C. 138 and 49 U.S.C. 303].
    4. Wildlife: Endangered Species Act of 1973 [16 U.S.C. 1531-1544 
and Section 1536]; 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)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act [25 U.S.C. 3001 et seq.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d) 
et. seq.]; Americans with Disabilities Act [42 U.S.C. 12101]; Uniform 
Relocation Assistance and Real Property Acquisition Act of 1970 [42 
U.S.C. 4601 et seq. as amended by the Uniform Relocation Act Amendments 
of 1987 [Pub. L. 100-17].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Safe Drinking Water 
Act [42 U.S.C. 300(f)-300(j)(6)].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) as amended [42 U.S.C. 
9601-9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. 
L. 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901 et. 
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management as amended by E.O. 12148 and E.O. 13690; E.O. 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low Income Populations; 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: September 23, 2016.
Michael Davies,
Division Administrator, FHWA Wisconsin Division, Madison, Wisconsin.
[FR Doc. 2016-23785 Filed 10-6-16; 8:45 am]

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