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

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Theodore G. Burch
Date: 22 March 2022
Subjects: American Government , Roads & Highways
Topic: Interstate Highway System

[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16305-16306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05993]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


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

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 FHWA and other Federal 
agencies that are final. These final agency actions relate to a 
proposed highway project, I-375, from I-75 South of Mack Avenue to the 
Detroit Riverfront in the city of Detroit, Wayne County, State of 
Michigan. The actions issue National Environmental Policy Act (NEPA) 
and Section 4(f) of the U.S. Department of Transportation Act of 1966 
(Section 4(f)) decisions relating to the I-375 improvement project. 
FHWA's Finding of No Significant Impact (FONSI) provides details on the 
Selected Alternative for proposed improvements.

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 action on the highway project will be barred 
unless the claim is filed on or before August 19, 2022. 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 the shorter time 
period applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mark Dionise, Engineering 
and Operations Director, FHWA Michigan Division, 315 Allegan, Room 201, 
Lansing, MI 48933, Telephone: (517) 702-1842, email: 
Mark.Dionise@dot.gov. The FHWA Michigan Division Office's normal 
business hours are 8:00 a.m. to 4:30 p.m. (Eastern Standard Time). For 
the Michigan Department of Transportation (MDOT): Jonathan Loree, P.E., 
Senior Project Manager, Michigan Department of Transportation, P.O. Box 
30050, 425 W Ottawa Street, Lansing, MI 48909, Telephone: (313) 967-
5420, email: LoreeJ@michigan.gov. The Michigan Department of 
Transportation's normal business hours are 8:00 a.m. to 5:00 p.m. 
(Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action by issuing a Finding of No Significant Impact 
(FONSI) for the following highway project in the State of Michigan: I-
375 Improvement Project in Wayne County. Improvements include 
reconstruction of the I-75/I-375 interchange and construction of a 
direct connection to the Detroit Riverfront in the city of Detroit, 
Michigan between I-75 South of Mack Avenue and the Detroit Riverfront. 
The project will de-designate I-375 as an interstate highway and re-
designate it as a state route. Improvements include removing the 
existing freeway and replacing it with a new boulevard aligned along 
the west side of the I-375 corridor. Gratiot Avenue and the new 
boulevard will intersect at-grade. Access to I-75 will be available via 
a new interchange north of Gratiot Avenue connecting Detroit's central 
business district, Eastern Market and other destinations in the 
vicinity. The project is included in the Southeast Michigan Council of 
Governments' (SEMCOG) 2045 Regional Transportation Plan for Southeast 
Michigan. Design and Right-of-Way (ROW) of the project is also included 
in SEMCOG's Fiscal Year 2020-2023 Transportation Improvement Program.
    FHWA's action, related actions by other Federal agencies, and the 
laws under which such actions were taken, are described in the FONSI 
for the project, approved on March 7, 2022, and in other documents in 
the project file. The FONSI is available for review by contacting FHWA 
or MDOT at the addresses provided above. These documents are also 
available for viewing and download from the project website at: https:/
/www.michigan.gov/mdot/0,4616,7-151-9621_11058_75084_-,00.html.
    This notice applies to all Federal agency decisions on each project 
as of the issuance date of this notice and all laws under which such 
actions were taken. This notice does not, however, alter or extend the 
limitation period of 150 days for challenges to final agency actions 
subject to previous notices published in the Federal Register.
    The laws under which such actions were taken, include but are 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]; E.O. 11514 Protection and Enhancement of Environmental 
Quality.
    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 (ESA) [16 U.S.C. 1531-1544 
and Section 1536]; Marine Mammal Protection Act [16 U.S.C. 1361]; 
Anadromous Fish Conservation Act [16 U.S.C. 757(a)-757(g)], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667d]; Migratory Bird 
Treaty Act [16 U.S.C. 703-712], Magnuson-Stevenson Fishery 
Conservation and Management Act of 1976, as amended [16 U.S.C. 1801 
et seq.]; E.O. 13112 Invasive Species.
    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. 469-469c]; Native American Grave Protection and Repatriation 
Act (NAGPRA) [25 U.S.C. 3001-3013]; 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.
    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]; E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations.

[[Page 16306]]

    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barrier 
Resources Act [16 U.S.C. 3501-3510]; Coastal Zone Management Act [16 
U.S.C. 1451-1465]; 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]; E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management.
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); 
Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-
6992(k)].

(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))

Theodore G. Burch,
Division Administrator, Lansing, Michigan.
[FR Doc. 2022-05993 Filed 3-21-22; 8:45 am]
BILLING CODE 4910-22-P




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