81_FR_59198 81 FR 59032 - Notice of Final Federal Agency Actions on Proposed Highway in Illinois

81 FR 59032 - Notice of Final Federal Agency Actions on Proposed Highway in Illinois

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range59032-59033
FR Document2016-20229

This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, I-55 from I-355 to I-90/94 in Will, DuPage and Cook Counties, Illinois. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59032-59033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20229]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Illinois

AGENCY: Federal Highway Administration (FHWA), 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 the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, I-55 from 
I-355 to I-90/94 in Will, DuPage and Cook Counties, Illinois. Those 
actions grant licenses, permits, and 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 23, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine A. Batey, Division 
Administrator, Federal Highway Administration, 3250 Executive Park 
Drive, Springfield, Illinois 62703, Phone: (217) 492-4640, Email 
address: [email protected]. The FHWA Illinois Division Office's 
normal business hours are 7:30 a.m. to 4:15 p.m. You may also contact 
Mr. John A. Fortmann, P.E., Illinois Department of Transportation, 
Region One Engineer, 201 West Center Court, Schaumburg, Illinois 60196, 
Phone: (847) 705-4000. The Illinois Department of Transportation Region 
One's normal business hours are 8 a.m. to 4:15 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Illinois: Convert the existing median of I-55 to provide 
one additional managed lane in each direction from I-355 in Will County 
to I-90/94 in Cook County, a total project length of approximately 25 
miles. The managed lane is proposed as tolled lane. The actions by the 
Federal agencies, and the laws under which such actions were taken, are 
described in the Environmental Assessment (EA) for the project approved 
on April 27, 2016, the Finding of No Significant Impact (FONSI) issued 
on July 20, 2016; and in other documents in the FHWA administrative 
record. The EA, FONSI, and other documents in the FHWA administrative 
record file are available by contacting the FHWA or the Illinois 
Department of Transportation at the addresses provided above. The EA 
and FONSI and all other supporting documentation can be viewed and 
downloaded from the project Web site at www.i-55managedlaneproject.org.
    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. 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 and 23 U.S.C. 138].
    4. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)].
    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 (AHPA) [16 U.S.C. 
469-469(c)].
    6. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    7. Wetlands and Water Resources: Clean Water Act (Section 401 and 
404) [33 U.S.C. 1251-1377]; Wild and Scenic Rivers Act [16 U.S.C. 1271-
1287].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988

[[Page 59033]]

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 12, 2016.
Catherine A. Batey,
Division Administrator, Springfield, Illinois.
[FR Doc. 2016-20229 Filed 8-25-16; 8:45 am]
 BILLING CODE 4910-RY-P



                                                  59032                         Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices

                                                  compatibility program or to fund the                    exposure maps, the FAA’s evaluation of      Transportation, Region One Engineer,
                                                  implementation of that program.                         the maps, and the proposed noise            201 West Center Court, Schaumburg,
                                                     If questions arise concerning the                    compatibility program are available for     Illinois 60196, Phone: (847) 705–4000.
                                                  precise relationship of specific                        examination at the following locations:     The Illinois Department of
                                                  properties to noise exposure contours                   Federal Aviation Administration,            Transportation Region One’s normal
                                                  depicted on a noise exposure map                          Detroit Airports District Office, 11677   business hours are 8 a.m. to 4:15 p.m.
                                                  submitted under section 47503 of the                      South Wayne Road, Ste. 107,               SUPPLEMENTARY INFORMATION: Notice is
                                                  Act, it should be noted that the FAA is                   Romulus, MI 48174                         hereby given that the FHWA and other
                                                  not involved in any way in determining                  Akron-Canton Airport Authority, 5400        Federal agencies have taken final agency
                                                  the relative locations of specific                        Lauby Road, North Canton, OH 44720        actions by issuing licenses, permits, and
                                                  properties with regard to the depicted                                                              approvals for the following highway
                                                                                                            Questions may be directed to the
                                                  noise contours, or in interpreting the                                                              project in the State of Illinois: Convert
                                                  noise exposure maps to resolve                          individual named above under the
                                                                                                          heading, FOR FURTHER INFORMATION            the existing median of I–55 to provide
                                                  questions concerning, for example,                                                                  one additional managed lane in each
                                                                                                          CONTACT.
                                                  which properties should be covered by                                                               direction from I–355 in Will County to
                                                  the provisions of section 47506 of the                     Issued in Romulus, MI.                   I–90/94 in Cook County, a total project
                                                  Act. These functions are inseparable                       Dated: August 17, 2016.
                                                                                                                                                      length of approximately 25 miles. The
                                                  from the ultimate land use control and                  Stephanie R. Swann,                         managed lane is proposed as tolled lane.
                                                  planning responsibilities of local                      Acting Manager, Detroit Airports District   The actions by the Federal agencies, and
                                                  government. These local responsibilities                Office.                                     the laws under which such actions were
                                                  are not changed in any way under Part                   [FR Doc. 2016–20425 Filed 8–25–16; 8:45 am] taken, are described in the
                                                  150 or through FAA’s review of noise                    BILLING CODE 4910–13–P                      Environmental Assessment (EA) for the
                                                  exposure maps. Therefore, the                                                                       project approved on April 27, 2016, the
                                                  responsibility for the detailed                                                                     Finding of No Significant Impact
                                                  overlaying of noise exposure contours                   DEPARTMENT OF TRANSPORTATION (FONSI) issued on July 20, 2016; and in
                                                  onto the map depicting properties on                                                                other documents in the FHWA
                                                  the surface rests exclusively with the                  Federal Highway Administration              administrative record. The EA, FONSI,
                                                  airport operator that submitted those
                                                  maps, or with those public agencies and                 Notice of Final Federal Agency Actions and other documents in the FHWA
                                                                                                          on Proposed Highway in Illinois             administrative record file are available
                                                  planning agencies with which                                                                        by contacting the FHWA or the Illinois
                                                  consultation is required under section                  AGENCY: Federal Highway                     Department of Transportation at the
                                                  47503 of the Act. The FAA has relied on                 Administration (FHWA), DOT.                 addresses provided above. The EA and
                                                  the certification by the airport operator,                                                          FONSI and all other supporting
                                                                                                          ACTION: Notice of Limitation on Claims
                                                  under section 150.21 of FAR Part 150,
                                                                                                          for Judicial Review of Actions by FHWA documentation can be viewed and
                                                  that the statutorily required consultation                                                          downloaded from the project Web site at
                                                                                                          and other Federal Agencies.
                                                  has been accomplished. Preliminary                                                                  www.i-55managedlaneproject.org.
                                                  review of the submitted noise                           SUMMARY: This notice announces actions         This notice applies to all Federal
                                                  compatibility program for Akron-Canton                  taken by the FHWA and other Federal         agency decisions as of the issuance date
                                                  Airport indicates that it conforms to the               agencies that are final within the          of this notice and all laws under which
                                                  requirements for the submittal of noise                 meaning of 23 U.S.C. 139(l)(1). The         such actions were taken, including but
                                                  compatibility programs, but that further                actions relate to a proposed highway        not limited to:
                                                  review will be necessary prior to                       project, I–55 from I–355 to I–90/94 in         1. General: National Environmental
                                                  approval or disapproval of the program.                 Will, DuPage and Cook Counties,             Policy Act (NEPA) [42 U.S.C. 4321–
                                                  The formal review period, limited by                    Illinois. Those actions grant licenses,     4351] Federal-Aid Highway Act [23
                                                  law to a maximum of 180 days, will be                   permits, and approvals for the project.     U.S.C. 109 and 23 U.S.C. 128].
                                                  completed on or before January 18,                                                                     2. Air: Clean Air Act [42 U.S.C. 7401–
                                                                                                          DATES: By this notice, the FHWA is
                                                  2017. A public hearing was held on                                                                  7671(q)].
                                                                                                          advising the public of final agency
                                                  September 17, 2014 at the Akron-Canton                                                                 3. Land: Section 4(f) of the
                                                                                                          actions subject to 23 U.S.C. 139(l)(1). A
                                                  Airport Terminal Building, 2nd Floor.                                                               Department of Transportation Act of
                                                     The FAA’s detailed evaluation will be                claim seeking judicial review of the
                                                                                                          Federal agency actions on the highway       1966 [49 U.S.C. 303 and 23 U.S.C. 138].
                                                  conducted under the provisions of 14                                                                   4. Social and Economic: Civil Rights
                                                  CFR part 150, section 150.33. The                       project will be barred unless the claim
                                                                                                                                                      Act of 1964 [42 U.S.C. 2000(d)–
                                                  primary considerations in the                           is filed on or before January 23, 2017.
                                                                                                                                                      2000(d)(1)].
                                                  evaluation process are whether the                      If the Federal law that authorizes             5. Historic and Cultural Resources:
                                                  proposed measures may reduce the level                  judicial review of a claim provides a       Section 106 of the National Historic
                                                  of aviation safety, create an undue                     time period of less than 150 days for       Preservation Act of 1966, as amended
                                                  burden on interstate or foreign                         filing such claim, then that shorter time [16 U.S.C. 470(f) et seq.]; Archaeological
                                                  commerce, or be reasonably consistent                   period still applies.                       and Historic Preservation Act (AHPA)
                                                  with obtaining the goal of reducing                     FOR FURTHER INFORMATION CONTACT: Ms.        [16 U.S.C. 469–469(c)].
                                                  existing non-compatible land uses and                   Catherine A. Batey, Division                   6. Wildlife: Endangered Species Act
                                                  preventing the introduction of                          Administrator, Federal Highway              [16 U.S.C. 1531–1544 and Section
                                                  additional non-compatible land uses.                    Administration, 3250 Executive Park
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                                                                                                                                                      1536]; Migratory Bird Treaty Act [16
                                                  Interested persons are invited to                       Drive, Springfield, Illinois 62703,         U.S.C. 703–712].
                                                  comment on the proposed program with                    Phone: (217) 492–4640, Email address:          7. Wetlands and Water Resources:
                                                  specific reference to these factors. All                Catherine.Batey@dot.gov. The FHWA           Clean Water Act (Section 401 and 404)
                                                  comments, other than those properly                     Illinois Division Office’s normal           [33 U.S.C. 1251–1377]; Wild and Scenic
                                                  addressed to local land use authorities;                business hours are 7:30 a.m. to 4:15 p.m. Rivers Act [16 U.S.C. 1271–1287].
                                                  will be considered by the FAA to the                    You may also contact Mr. John A.               8. Executive Orders: E.O. 11990
                                                  extent practicable. Copies of the noise                 Fortmann, P.E., Illinois Department of      Protection of Wetlands; E.O. 11988


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                                                                                Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Notices                                            59033

                                                  Floodplain Management; E.O. 12898                       Ground Floor, Room W12–140,                           can contact you if it has questions
                                                  Federal Actions to Address                              Washington, DC 20590–0001.                            regarding your submission.
                                                  Environmental Justice in Minority                         • Hand Delivery or Courier: West                       To submit your comment online, go to
                                                  Populations and Low Income                              Building, Ground Floor, Room W12–                     www.regulations.gov and put the docket
                                                  Populations.                                            140, 1200 New Jersey Avenue SE.,                      number, ‘‘FMCSA–2016–0268’’ in the
                                                  (Catalog of Federal Domestic Assistance                 between 9 a.m. and 5 p.m., Monday                     ‘‘Keyword’’ box, and click ‘‘Search.’’
                                                  Program Number 20.205, Highway Planning                 through Friday, except Federal holidays.              When the new screen appears, click on
                                                  and Construction. The regulations                         • Fax: 1–202–493–2251.                              ‘‘Comment Now!’’ button and type your
                                                  implementing Executive Order 12372                         Each submission must include the
                                                  regarding intergovernmental consultation on
                                                                                                                                                                comment into the text box in the
                                                  Federal programs and activities apply to this
                                                                                                          Agency name and the docket number for                 following screen. Choose whether you
                                                  program.)                                               this notice. Note that DOT posts all                  are submitting your comment as an
                                                                                                          comments received without change to                   individual or on behalf of a third party
                                                     Authority: 23 U.S.C. 139(l)(1).                      www.regulations.gov, including any                    and then submit. If you submit your
                                                    Issued on: August 12, 2016.                           personal information included in a                    comments by mail or hand delivery,
                                                  Catherine A. Batey,
                                                                                                          comment. Please see the Privacy Act                   submit them in an unbound format, no
                                                                                                          heading below.                                        larger than 81⁄2 by 11 inches, suitable for
                                                  Division Administrator, Springfield, Illinois.
                                                                                                             Docket: For access to the docket to                copying and electronic filing. If you
                                                  [FR Doc. 2016–20229 Filed 8–25–16; 8:45 am]
                                                                                                          read background documents or                          submit comments by mail and would
                                                  BILLING CODE 4910–RY–P                                  comments, go to www.regulations.gov at                like to know that they reached the
                                                                                                          any time or visit Room W12–140 on the                 facility, please enclose a stamped, self-
                                                                                                          ground level of the West Building, 1200               addressed postcard or envelope. FMCSA
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          New Jersey Avenue SE., Washington,                    will consider all comments and material
                                                  Federal Motor Carrier Safety                            DC, between 9 a.m. and 5 p.m., ET,                    received during the comment period
                                                  Administration                                          Monday through Friday, except Federal                 and may grant or not grant this
                                                                                                          holidays. The on-line FDMS is available               application based on your comments.
                                                                                                          24 hours each day, 365 days each year.
                                                  [Docket No. FMCSA–2016–0268]
                                                                                                             Privacy Act: In accordance with 5                  III. Legal Basis
                                                  Household Goods Consumer                                U.S.C. 553(c), DOT solicits comments                     Before operating for hire in interstate
                                                  Protection: Application for Exemption;                  from the public to better inform its                  commerce, a motor carrier must obtain
                                                  La Rosa Del Monte Express Inc.                          rulemaking process. DOT posts these                   commercial registration under 49 U.S.C.
                                                  (LRDM)                                                  comments, without edit, including any                 13902 and comply with the
                                                                                                          personal information the commenter                    requirements of § 13902(a)(1). To
                                                  AGENCY: Federal Motor Carrier Safety                    provides, to www.regulations.gov, as                  provide transportation of HHG, a motor
                                                  Administration (FMCSA), DOT.                            described in the system of records                    carrier must also comply with the
                                                  ACTION: Notice of application for                       notice (DOT/ALL–14 FDMS), which can                   requirements of § 13902(a)(2).
                                                  exemption; request for comments.                        be reviewed at www.dot.gov/privacy.                      However, under 49 U.S.C. 13541(a),
                                                                                                          FOR FURTHER INFORMATION CONTACT: For                  the Secretary of Transportation ‘‘shall
                                                  SUMMARY:   FMCSA announces that La                      information concerning this notice,                   exempt a person, class of persons, or a
                                                  Rosa Del Monte Express, Inc. (LRDM)                     please contact Mr. Tom Yager, Chief,                  transaction or service from the
                                                  has requested an exemption for its                      FMCSA Driver and Carrier Operations                   application, in whole or in part, of a
                                                  specialized ‘‘Small Residential                         Division; Telephone: (614) 942–6477;                  provision of this part [part B of subtitle
                                                  Shipments’’ (SRS) from the consumer                     Email: MCPSD@dot.gov. If you have                     IV of title 49, United States Code, i.e.,
                                                  protection regulations for the                          questions on viewing or submitting                    49 U.S.C. chapters 131–149], or use this
                                                  transportation of household goods                       material to the docket, contact Docket                exemption authority to modify the
                                                  (HHG) in interstate commerce. LRDM                      Services, telephone (202) 366–9826.                   application of a provision of this part as
                                                  requested that its SRS consisting of                                                                          it applies to such person, class,
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  fewer than 10 items weighing less than                                                                        transaction, or service, when the
                                                  1,000 pounds total be exempted from                     I. Public Participation and Request for               Secretary . . . finds that the application
                                                  the HHG regulations. LRDM claims that                   Comments                                              of that provision—(1) is not necessary to
                                                  the need for the exemption is made                                                                            carry out the transportation policy of
                                                                                                            FMCSA encourages you to participate
                                                  clear by the statutory Limited Service                                                                        section 13101; (2) is not needed to
                                                                                                          by submitting comments and related
                                                  Exclusion (LSE) for household goods                                                                           protect shippers from the abuse of
                                                                                                          materials.
                                                  motor carriers. LRDM believes that an                                                                         market power or that the transaction or
                                                  SRS exemption is consistent with the                    Submitting Comments                                   service is of limited scope; and (3) is in
                                                  purpose of the LSE.                                       If you submit a comment, please                     the public interest.’’
                                                  DATES: Comments must be received on                     include the docket number for this                       Nonetheless, ‘‘The exemption
                                                  or before September 26, 2016.                           notice (FMCSA–2016–0268), indicate                    authority under this section may not be
                                                  ADDRESSES: You may submit comments                      the specific section of this document to              used to relieve a person from the
                                                  bearing the Federal Docket Management                   which the comment applies, and                        application of, and compliance with,
                                                  System (FDMS) Docket ID FMCSA–                          provide a reason for suggestions or                   any law, rule, regulation, standard, or
                                                  2016–0268 using any of the following                    recommendations. You may submit                       order pertaining to cargo loss and
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                                                  methods:                                                your comments and material online or                  damages, insurance, [or] safety fitness
                                                     • Federal eRulemaking Portal:                        by fax, mail, or hand delivery, but                   . . .’’ [49 U.S.C. 13541(e)(1)].
                                                  www.regulations.gov. Follow the online                  please use only one of these means.                      The Secretary’s authority to enforce
                                                  instructions for submitting comments.                   FMCSA recommends that you include                     49 U.S.C. 13902 and 13541 have been
                                                     • Mail: Docket Management Facility,                  your name and a mailing address, an                   delegated to FMCSA by 49 CFR
                                                  U.S. Department of Transportation, 1200                 email address, or a phone number in the               1.87(a)(5) and 1.87(a)(3), respectively.
                                                  New Jersey Avenue SE., West Building,                   body of your document so the Agency                   This notice seeks to clarify the


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Document Created: 2016-08-26 10:40:41
Document Modified: 2016-08-26 10:40:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by FHWA and other Federal Agencies.
DatesBy 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 23, 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.
ContactMs. Catherine A. Batey, Division Administrator, Federal Highway Administration, 3250 Executive Park Drive, Springfield, Illinois 62703, Phone: (217) 492-4640, Email
FR Citation81 FR 59032 

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