82 FR 49471 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in Ohio; Statute of Limitations on Claims

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 205 (October 25, 2017)

Page Range		49471-49472
FR Document		2017-23202

The FHWA, on behalf of ODOT, is issuing this notice to announce actions taken by ODOT that are final. The actions relate to the proposed modification of the existing interchange at Interstate Route 71 (I-71), United States Route 36 (US-36), and State Route 37 (SR-37) in the County of Delaware, State of Ohio. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017)

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49471-49472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23202]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions of Proposed Highway/
Interchange Improvement in Ohio; Statute of Limitations on Claims

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the Ohio Department of Transportation (ODOT), pursuant to 23 U.S.C. 
327.

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SUMMARY: The FHWA, on behalf of ODOT, is issuing this notice to 
announce actions taken by ODOT that are final. The actions relate to 
the proposed modification of the existing interchange at Interstate 
Route 71 (I-71), United States Route 36 (US-36), and State Route 37 
(SR-37) in the County of Delaware, State of Ohio. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, of behalf of ODOT, is advising the 
public of final agency actions subject to 23 U.S.C. 139(I)(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 26, 
2018. 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 period of time still applies.

FOR FURTHER INFORMATION CONTACT: For ODOT: Timothy M. Hill, 
Administrator, Office of Environmental Services, Ohio Department of 
Transportation, 1980 West Broad Street, Columbus, Ohio, 43223, 614-644-
0377, [email protected].

SUPPLEMENTARY INFORMATION: Effective December 11, 2015, the Federal 
Highway Administration (FHWA) assigned, and the Ohio Department of 
Transportation (ODOT) assumed, environmental responsibilities for this 
project pursuant to 23 U.S.C. 327. Notice is hereby given that ODOT, 
has taken final agency actions subject to 23 U.S.C. 139(l)(1) by 
issuing licenses, permits, and approvals for the following highway 
project in the State of Ohio. The project will involve construction of 
an interchange at I-71, south of the existing US 36/SR 37 interchange. 
This interchange will carry the new Sunbury Parkway over I-71 and run 
east and west of the interstate, operating in conjunction with the 
existing interchange to the north at US 36/SR37. Specifically, the 
revisions to the interchange will include a relocated I-71 northbound 
off-ramp which will provide access to both Sunbury Parkway and US 36/SR 
37 and will occur south of the current northbound off ramp. Access to 
US 36/SR 37 from northbound I-71 will be accommodated by a collector-
distributor road. Access to I-71 northbound from Sunbury Parkway will 
also occur via the collector/distributor road. Southbound on-ramps to 
I-71 from Sunbury Parkway eastbound and westbound will be provided. The 
existing interchange at US 36/SR 37 will remain, but as stated above, 
the northbound exit from I-71 to access both Sunbury Parkway and US 36/
SR 37 will be at the same exiting point.
    The project will also construct Sunbury Parkway from Africa Road at 
US 36/SR 37 east to Wilson Road as a six lane road with a median, 
multi-use path and sidewalk. The Africa Road intersection with US 36/SR 
37 will be realigned to create a four-legged intersection with Sunbury 
Parkway. 3B's & K Road south of Sunbury Parkway will be relocated to 
create an intersection with Sunbury Parkway and the future Fourwinds 
Drive, which will be extended south by others. A cul-de-sac will be 
constructed on 3B's & K Road, north of Sunbury Parkway.
    East of Wilson Road, a new arterial roadway, also identified as 
Sunbury Parkway, is listed on the Village of Sunbury's Comprehensive 
Plan which was adopted by Village of Sunbury Council on November 2, 
2016. This project is currently on the Mid-Ohio Regional Planning 
Commission (MORPC) 2018-2021 Transportation Improvement Plan (TIP) for 
construction by the Village of Sunbury New Community Authority 1 
(NCA1), by 2019. This project, the ``Committed Sunbury Parkway,'' will 
be built with two travel lanes (one in each direction), with left turn 
lanes at the intersections with South Galena Road, Domigan Road, and US 
36/SR 37 (Cherry Street). Because a five-lane corridor will eventually 
be necessary to meet the future traffic needs of development, all the 
right-of-way and grading along the Committed Sunbury Parkway will be 
for the ultimate (five-lane) configuration. All culverts and the bridge 
over Little Walnut Creek, will also be built wide enough for the 
ultimate (five-lane) configuration.
    The ODOT project will widen on the inside of the Committed Sunbury 
Parkway in order to provide five lanes with a grass median from Wilson 
Road to US 36/SR 37 (Cherry Street) along with constructing additional 
turn lanes to accommodate the future traffic demands at Galena Road. 
ODOT's project east of Wilson Road will not involve construction of 
bridges or culverts or include any earth disturbing activity outside of 
the right-of-way previously established for the Committed Sunbury 
Parkway.
    Subsequent to the distribution of the June 20, 2017 EA and the July 
11, 2017 public hearing, several roadway design features were altered 
to improve roadside safety. These alterations were

[[Page 49472]]

related to roadway and interchange ramp embankment fill slopes and the 
need to eliminate fragmented residual parcels. Additionally, in an 
email dated July 28, 2017, the FHWA, Ohio Division, upon review of the 
project's Interchange Modification Study, notified ODOT that the 
project's preferred alternative constituted the creation of a new 
interchange, not a modification of the existing US 36/SR 37 
interchange. FHWA also determined that the preferred alternative is a 
partial interchange as a direct connection from I-71 southbound to 
Sunbury Parkway is not provided. As part of the required documentation 
to obtain FHWA approval of the interchange study, ODOT was required by 
FHWA to consider a full interchange that provided all movements, even 
though it would not be constructed. ODOT reconsidered the above changes 
and compared them to the findings in the EA. ODOT conducted additional 
studies as needed and summarized the coordination and findings in an 
Addendum to the EA, September 20, 2017 Based upon ODOT's review and 
consideration of the analysis and evaluation contained in the EA and 
the Addendum to the EA for this project, and after careful 
consideration of all social, economic, and environmental factors, 
including input from the state/federal agencies, ODOT has determined 
that the changes contained within this document do not rise to the 
level of significance and therefore do not required the recirculation 
of the EA nor the creation of a supplemental EA document.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA), 
the Addendum to the EA, and the Finding on No Significant Impact 
(FONSI), approved on October 16, 2017. The EA, Addendum to the EA, 
FONSI, and other project records are available by contacting ODOT at 
the address provided above and can be viewed and downloaded from the 
project Web site at https://www.dot.state.oh.us/districts/D06/projects/71/Pages/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) Council on Environmental Quality regulations;
    (2) National Environmental Policy Act (NEPA);
    (3) Moving Ahead for Progress in the 21st Century Act (MAP-21);
    (4) Department of Transportation Act of 1966;
    (5) Federal Aid Highway Act of 1970;
    (6) Clean Air Act Amendments of 1990;
    (7) Noise Control Act of 1970;
    (8) 23 CFR part 772 FHWA Noise Standards, Policies and Procedures;
    (9) Department of Transportation Act of 1966, Section 4(f);
    (10) Clean Water Act of 1977 and 1987;
    (11) Endangered Species Act of 1973;
    (12) Migratory Bird Treaty Act;
    (13) National Historic Preservation Act of 1966, as amended;
    (14) Historic Sites Act of 1935; and,
    (15) Executive Order 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: October 19, 2017.
Laura S. Leffler,
Division Administrator, Federal Highway Administration, Columbus, Ohio.
[FR Doc. 2017-23202 Filed 10-24-17; 8:45 am]
BILLING CODE 4910-22-P

Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49471

process. DOT posts these comments, ACTION: Notice of Limitation on Claims eastbound and westbound will be
without edit, including any personal for Judicial Review of Actions by the provided. The existing interchange at
information the commenter provides, to Ohio Department of Transportation US 36/SR 37 will remain, but as stated
http://www.regulations.gov, as (ODOT), pursuant to 23 U.S.C. 327. above, the northbound exit from I–71 to
described in the system of records access both Sunbury Parkway and US
notice (DOT/ALL–14 FDMS), which can SUMMARY: The FHWA, on behalf of 36/SR 37 will be at the same exiting
be reviewed at http://www.dot.gov/ ODOT, is issuing this notice to point.
privacy. announce actions taken by ODOT that The project will also construct
Docket: Background documents or are final. The actions relate to the Sunbury Parkway from Africa Road at
comments received may be read at proposed modification of the existing US 36/SR 37 east to Wilson Road as a
http://www.regulations.gov at any time. interchange at Interstate Route 71 (I–71), six lane road with a median, multi-use
Follow the online instructions for United States Route 36 (US–36), and path and sidewalk. The Africa Road
accessing the docket or go to the Docket State Route 37 (SR–37) in the County of intersection with US 36/SR 37 will be
Operations in Room W12–140 of the Delaware, State of Ohio. Those actions realigned to create a four-legged
West Building Ground Floor at 1200 grant licenses, permits, and approvals intersection with Sunbury Parkway.
New Jersey Avenue SE., Washington, for the project. 3B’s & K Road south of Sunbury
DC, between 9 a.m. and 5 p.m., Monday DATES: By this notice, the FHWA, of Parkway will be relocated to create an
through Friday, except Federal holidays. behalf of ODOT, is advising the public intersection with Sunbury Parkway and
of final agency actions subject to 23 the future Fourwinds Drive, which will
FOR FURTHER INFORMATION CONTACT:
U.S.C. 139(I)(1). A claim seeking be extended south by others. A cul-de-
Lynette Mitterer, AIR–673, Federal judicial review of the Federal Agency sac will be constructed on 3B’s & K
Aviation Administration, 1601 Lind Actions on the highway project will be Road, north of Sunbury Parkway.
Avenue SW., Renton, WA 98057–3356, barred unless the claim is filed on or East of Wilson Road, a new arterial
email Lynette.Mitterer@faa.gov, phone before March 26, 2018. If the Federal roadway, also identified as Sunbury
(425) 227–1047; or Alphonso law that authorizes judicial review of a Parkway, is listed on the Village of
Pendergrass, ARM–200, Office of claim provides a time period of less Sunbury’s Comprehensive Plan which
Rulemaking, Federal Aviation than 150 days for filing such claim, then was adopted by Village of Sunbury
Administration, 800 Independence that shorter period of time still applies. Council on November 2, 2016. This
Avenue SW., Washington, DC 20591, project is currently on the Mid-Ohio
FOR FURTHER INFORMATION CONTACT: For
email alphonso.pendergrass@faa.gov, Regional Planning Commission
phone (202) 267–4713. ODOT: Timothy M. Hill, Administrator,
Office of Environmental Services, Ohio (MORPC) 2018–2021 Transportation
This notice is published pursuant to Improvement Plan (TIP) for construction
Department of Transportation, 1980
14 CFR 11.85. by the Village of Sunbury New
West Broad Street, Columbus, Ohio,
Issued in Renton, Washington, on October 43223, 614–644–0377, Tim.Hill@ Community Authority 1 (NCA1), by
20, 2017. dot.ohio.gov. 2019. This project, the ‘‘Committed
Suzanne Masterson, Sunbury Parkway,’’ will be built with
SUPPLEMENTARY INFORMATION: Effective two travel lanes (one in each direction),
Acting Manager, Transport Standards
December 11, 2015, the Federal with left turn lanes at the intersections
Branch.
Highway Administration (FHWA) with South Galena Road, Domigan
Petition for Exemption assigned, and the Ohio Department of Road, and US 36/SR 37 (Cherry Street).
Docket No.: FAA–2017–0996. Transportation (ODOT) assumed, Because a five-lane corridor will
environmental responsibilities for this eventually be necessary to meet the
Petitioner: The Boeing Company.
project pursuant to 23 U.S.C. 327. future traffic needs of development, all
Section of 14 CFR Affected: Notice is hereby given that ODOT, has
§§ 25.863(a) and 25.1191(b)(1). the right-of-way and grading along the
taken final agency actions subject to 23 Committed Sunbury Parkway will be for
Description of Relief Sought: Boeing is U.S.C. 139(l)(1) by issuing licenses,
petitioning for an exemption from the ultimate (five-lane) configuration.
permits, and approvals for the following All culverts and the bridge over Little
§ 25.1191(b)(1) at amendment 25–0 and highway project in the State of Ohio.
§ 25.863(a) at amendment 25–46 for part Walnut Creek, will also be built wide
The project will involve construction of enough for the ultimate (five-lane)
markings hidden under structure of the an interchange at I–71, south of the configuration.
non-fire side of the auxiliary power unit existing US 36/SR 37 interchange. This The ODOT project will widen on the
(APU) forward firewall on the first 41 interchange will carry the new Sunbury inside of the Committed Sunbury
Boeing Model 767–2C Series airplanes Parkway over I–71 and run east and Parkway in order to provide five lanes
produced (through production line west of the interstate, operating in with a grass median from Wilson Road
number 1164). conjunction with the existing to US 36/SR 37 (Cherry Street) along
[FR Doc. 2017–23182 Filed 10–24–17; 8:45 am] interchange to the north at US 36/SR37. with constructing additional turn lanes
BILLING CODE 4910–13–P Specifically, the revisions to the to accommodate the future traffic
interchange will include a relocated I– demands at Galena Road. ODOT’s
71 northbound off-ramp which will project east of Wilson Road will not
DEPARTMENT OF TRANSPORTATION provide access to both Sunbury Parkway involve construction of bridges or
and US 36/SR 37 and will occur south culverts or include any earth disturbing
Federal Highway Administration of the current northbound off ramp.
sradovich on DSK3GMQ082PROD with NOTICES

activity outside of the right-of-way
Notice of Final Federal Agency Actions Access to US 36/SR 37 from northbound previously established for the
of Proposed Highway/Interchange I–71 will be accommodated by a Committed Sunbury Parkway.
Improvement in Ohio; Statute of collector-distributor road. Access to I– Subsequent to the distribution of the
Limitations on Claims 71 northbound from Sunbury Parkway June 20, 2017 EA and the July 11, 2017
will also occur via the collector/ public hearing, several roadway design
AGENCY:Federal Highway distributor road. Southbound on-ramps features were altered to improve
Administration (FHWA), DOT. to I–71 from Sunbury Parkway roadside safety. These alterations were

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Document Created: 2017-10-25 01:17:25
Document Modified: 2017-10-25 01:17:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Limitation on Claims for Judicial Review of Actions by the Ohio Department of Transportation (ODOT), pursuant to 23 U.S.C. 327.
Dates		By this notice, the FHWA, of behalf of ODOT, is advising the public of final agency actions subject to 23 U.S.C. 139(I)(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 26, 2018. 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 period of time still applies.
Contact		For ODOT: Timothy M. Hill, Administrator, Office of Environmental Services, Ohio Department of Transportation, 1980 West Broad Street, Columbus, Ohio, 43223, 614-644- 0377, [email protected]
FR Citation		82 FR 49471

82 FR 49471 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in Ohio; Statute of Limitations on Claims

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 205 (October 25, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration