Notice of Final Federal Agency Action on Proposed Transportation Project in Illinois and Indiana

Catherine A. Batey
Federal Highway Administration
December 22, 2014

[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76442-76443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29652]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Transportation 
Project in Illinois and Indiana

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and United States Fish and Wildlife Service (USFWS), DOI.

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SUMMARY: This notice announces actions taken by the FHWA and USFWS that 
are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate 
to a proposed highway project, the Illiana Corridor, between Interstate 
55 (I-55) in Will County, Illinois on the west, and Interstate 65 (I-
65) in Lake County, Indiana on the east. The Federal actions, taken as 
a result of a tiered environmental review process under the National 
Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and implementing 
regulations on tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR part 
771, determined certain issues relating to the proposed project. Those 
Tier Two decisions will be used by Federal agencies in subsequent 
proceedings, including decisions whether to grant licenses, permits, 
and approvals for the proposed highway project. Tier Two decisions also 
may be relied upon by State and local agencies in proceedings on the 
proposed 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 Tier Two Federal agency actions of the proposed highway project 
will be barred unless the claim is filed on or before May 21, 2015. 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; telephone: (217) 492-4600; email 
address: Catherine.Batey@dot.gov. The FHWA Illinois Division Office's 
normal business hours are 7:30 a.m. to 4:15 p.m. (Central Standard 
Time). For the USFWS: Ms. Louise Clemency, Field Supervisor, Chicago 
Ecological Services Field Office, USFWS, 1250 South Grove Avenue, Suite 
103, Barrington, IL 60010; telephone: (847) 381-2253; email: 
Louise_Clemency@fws.gov. Normal business hours for the USFWS

[[Page 76443]]

Chicago Ecological Field Office are: 8:00 a.m. to 4:30 p.m. (Central 
Standard Time). You may also contact Mr. John Fortmann, P.E., Illinois 
Department of Transportation, Deputy Director of Highways, Region One 
Engineer, 201 West Center Court, Schaumburg, Illinois 60196; telephone: 
(847) 705-4000. The Illinois Department of Transportation Region One's 
normal business hours are 8:00 a.m. to 4:30 p.m. (Central Standard 
Time). You may also contact Mr. James Earl, P.E., Project Manager, 
Indiana Department of Transportation, 100 North Senate Avenue IGCN Room 
N642, Indianapolis, IN 46204; telephone: (317) 233-2072. The Indiana 
Department of Transportation's normal business hours are 8:00 a.m. to 
4:00 p.m. (Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
issued a Record of Decision (ROD) in connection with the proposed 
highway project in Illinois and Indiana: the Illiana Corridor between 
I-55 in Will County, Illinois and I-65 in Lake County, Indiana. 
Decisions in the Tier Two ROD include, but are not limited to the 
following:
    a. The purpose and need for the project, including goals to improve 
regional mobility, alleviate local system congestion and improve local 
system mobility, and provide for efficient movement of freight in the 
Illiana Corridor between I-55 on the west and I-65 on the east.
    b. The selection of Alternative 1 with IL-53 interchange Design 
Option 4 that generally starts at I-55 north of Wilmington, Illinois, 
connects to I-57 south of Peotone, Illinois, passes south of the 
proposed South Suburban Airport and Beecher, Illinois, and connects 
with I-65 northeast of Lowell, Indiana. It is typically 400 feet in 
width.
    c. The elimination from further consideration and study of 
Alternatives 2 and 3, and IL-53 interchange Design Options 2, 3, 5 and 
6.
    d. The description of measures to minimize harm that are proposed 
as conditions of implementing the Illiana Corridor.
    Notice is also given by the USFWS, pursuant to the Endangered 
Species Act, 16 U.S.C. 1531-1544, that the Illiana Corridor project may 
effect, likely to adversely affect the sheepnose mussel (Plethobasus 
cyphyus). This finding was confirmed in a Biological Opinion and 
Incidental Take Statement issued on November 20, 2014. In addition, the 
USFWS issued a Conference Opinion for the northern long-eared bat 
(Myotis septentrionalis) which is proposed for federal listing as 
endangered, and is incorporated in this Biological Opinion. The 
document further sets forth proposed conservation recommendations, and 
mitigation requirements for the sheepnose mussel, the Eryngium stem 
borer moth (Papaipema eryngii), and the northern long-eared bat.
    Interested parties may consult the Tier Two ROD and Final 
Environmental Impact Statement (FEIS) for further information on each 
of the decisions described above.
    The Tier Two actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the FEIS approved 
September 17, 2014, the ROD approved December 10, 2014, and in other 
documents in the FHWA project records. The scope and purpose of the 
Tier Two FEIS are described in Section 1.0 of the FEIS. The Tier Two 
FEIS, ROD, and other documents in the FHWA project file are available 
by contacting the FHWA or the Illinois or Indiana Departments of 
Transportation at the addresses provided above. The Tier Two FEIS and 
ROD also are available online at http://illianacorridor.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. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and Section 
1536]; 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.].
6. Water Resources: Safe Drinking Water Act [42 U.S.C. 300(f)-
300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].
7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
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 Research, 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: December 10, 2014.
Catherine A. Batey,
Division Administrator, Springfield, Illinois.
[FR Doc. 2014-29652 Filed 12-19-14; 8:45 am]
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