Notice2025-17078
Notice of Final Federal Agency Actions on Transportation Project in Nebraska
Primary source
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Published
September 5, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces actions taken by the FHWA, on behalf of the Lincoln/Lancaster County Railroad Transportation Safety District (RTSD), that are final. The action(s) relate to the North 33rd and Cornhusker Project (also known as the 33rd/Cornhusker Viaduct, Lincoln Project), located in the City of Lincoln, Lancaster County, Nebraska. Those actions grant licenses, permits, and approvals for the project. The project closes the at-grade railroad crossings at N. 33rd Street and Adams Street by improving the roadway network in this area and constructing a grade separation across the Burlington Northern Santa Fe (BNSF) Railway tracks at approximately N. 31st Street, south of Cornhusker Highway. The existing at-grade crossing at N. 44th Street will remain open to vehicle, bicycle, and pedestrian traffic and will be improved. Cornhusker Highway will be expanded to six lanes with turn lanes from Deadmans Run to 35th Street. The FHWA's National Environmental Policy Act (NEPA) Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements.
Full Text
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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Notices]
[Pages 43022-43023]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17078]
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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
[[Page 43023]]
Lincoln/Lancaster County Railroad Transportation Safety District
(RTSD), that are final. The action(s) relate to the North 33rd and
Cornhusker Project (also known as the 33rd/Cornhusker Viaduct, Lincoln
Project), located in the City of Lincoln, Lancaster County, Nebraska.
Those actions grant licenses, permits, and approvals for the project.
The project closes the at-grade railroad crossings at N. 33rd Street
and Adams Street by improving the roadway network in this area and
constructing a grade separation across the Burlington Northern Santa Fe
(BNSF) Railway tracks at approximately N. 31st Street, south of
Cornhusker Highway. The existing at-grade crossing at N. 44th Street
will remain open to vehicle, bicycle, and pedestrian traffic and will
be improved. Cornhusker Highway will be expanded to six lanes with turn
lanes from Deadmans Run to 35th Street. 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 February 2, 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, <a href="/cdn-cgi/l/email-protection#6e040f030b1d401d07030b1c022e0a011a40090118"><span class="__cf_email__" data-cfemail="e78d868a8294c9948e8a82958ba7838893c9808891">[email protected]</span></a>.
For RTSD: Roger Figard, RTSD Executive Director, 555 South 10th
Street, Lincoln, NE, 68508, (402) 525-5620, <a href="/cdn-cgi/l/email-protection#fd8f9b949a9c8f99bd9194939e929193d39398d39a928b"><span class="__cf_email__" data-cfemail="7103171816100315311d181f121e1d1f5f1f145f161e07">[email protected]</span></a>.
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 North 33rd and Cornhusker Project in
Lincoln, 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 improve safety along the rail
corridor between N. 27th and N. 48th streets by eliminating or reducing
the potential conflict points between trains and other transportation
modes (vehicles, pedestrians, and bicyclists). The project is needed
due to the high volume of vehicular and train traffic in the area along
the BNSF rail corridor between N. 27th and N. 48th Streets. The high-
volume traffic creates undesirable conditions regarding safety, traffic
congestion, traffic delay, and mobility within the project area. In
addition, facilities for walking, cycling, and public transit do not
meet existing, or future needs for the area. A FONSI for the project
was signed on May 9, 2025.
Information about the FONSI and associated records are available
from FHWA at the addresses provided above and can be found at: <a href="https://dot.nebraska.gov/projects/environment/environmental-documents/">https://dot.nebraska.gov/projects/environment/environmental-documents/</a>, 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. 2025-17078 Filed 9-4-25; 8:45 am]
BILLING CODE 4910-RY-P
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