Notice of Final Federal Agency Actions on Proposed Highway in Indiana |
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Mayela Sosa
Federal Highway Administration
2 March 2018
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9073-9074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04067]
[[Page 9073]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Indiana
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by FHWA and United States Fish and Wildlife Service (USFWS), Department
of Interior (DOI).
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SUMMARY: This notice announces actions taken by the FHWA and the USFWS
that are final pursuant to the statute. The actions relate to the
proposed highway project for a 26-mile segment of Interstate 69 (I-69)
in the Counties of Morgan, Johnson, and Marion, State of Indiana, and
grant licenses, permits, and approvals for the project.
DATES: By this notice, the FHWA is advising the public that the FHWA
and the USFWS have made decisions that are subject to 23 U.S.C.
139(l)(1) and are final within the meaning of that law. A claim seeking
judicial review of those Federal agency decisions on the proposed
highway project will be barred unless the claim is filed on or before
July 30, 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 the shorter time period applies.
FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Michelle Allen,
Federal Highway Administration, Indiana Division, 575 North
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone:
(317) 226-7344; email: Michelle.Allen@dot.gov. The FHWA Indiana
Division Office's normal business hours are 7:30 a.m. to 4:00 p.m.,
est. For the USFWS: Mr. Scott Pruitt, Field Supervisor, Indiana Field
Office, USFWS, 620 South Walker Street, Bloomington, IN 47403-2121;
telephone: (812) 334-4261; email: Scott_Pruitt@fws.gov. Normal business
hours for the USFWS Indiana Field Office are: 8 a.m. to 4:30 p.m., est.
You may also contact Laura Hilden, Director--Environmental Services,
Indiana Department of Transportation (INDOT), 100 North Senate Avenue,
Room N642, Indianapolis, IN 46204; telephone: (317) 232-5018; email:
lhilden@.indot.in.gov. Normal business hours for INDOT are: 8:00 a.m.
to 4:30 p.m., est.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
approved a Tier 2 Final Environmental Impact Statement (FEIS) for
Section 6 of the I-69 highway project from Evansville to Indianapolis
and issued a Record of Decision (ROD) for Section 6 on February 1,
2018. Section 6 of the I-69 project extends from SR 39 south of
Martinsville and proceeds north for approximately 26 miles to
Interstate 465 (I-465) in Indianapolis. As part of the I-69 project,
improvements to I-465 will also be made from Mann Road to U.S. Route
31.
The ROD selected the Refined Preferred Alternative for Section 6,
as described in the I-69 Evansville to Indianapolis, Indiana, Tier 2
Final Environmental Impact Statement, Martinsville to Indianapolis,
Indiana (FEIS). The ROD also approved the locations of the
interchanges, grade separations, and access roads (which include new
roads, road relocations, and realignments). The FHWA had previously
issued a Tier 1 FEIS and ROD for the entire I-69 project from
Evansville to Indianapolis, Indiana. A Notice of Limitation on Claims
for Judicial Review of Actions by FHWA and USFWS, DOI, was published in
the Federal Register on April 17, 2007. A claim seeking judicial review
of the Tier 1 decisions must have been filed by October 15, 2007, to
avoid being barred under 23 U.S.C. 139(1). Decisions in the FHWA Tier 1
ROD that were cited in that Federal Register notice included, but were
not limited to, the following:
1. Purpose and need for the project.
2. Range of alternatives for analysis.
3. Selection of the Interstate highway build alternative and
highway corridor for the project, as Alternative 3C.
4. Elimination of other alternatives from consideration in Tier 2
NEPA proceedings.
5. Process for completing the Tier 2 alternatives analysis and
studies for the project, including the designation of six Tier 2
sections and a decision to prepare a separate environmental impact
statement for each Tier 2 section.
The Tier 1 ROD and Notice of Limitation on Claims specifically
noted that the ultimate alignment of the highway within the corridor
and the locations and number of interchanges and rest areas would be
decided in the Tier 2 NEPA proceedings. Those proceedings for Section 6
of the I-69 project from Evansville to Indianapolis have culminated in
the February 1, 2018, ROD and this Notice. Interested parties may
consult the Tier 2, Section 6 ROD and FEIS for details about each of
the decisions described above and for information on other issues
decided.
The Tier 2, Section 6 ROD can be viewed and downloaded from the
project website at http://www.i69indyevn.org/. People unable to access
the website may contact FHWA or INDOT at the addresses listed above.
Decisions in the Section 6, Tier 2 ROD that have final approval
include, but are not limited to, the following:
1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351]
2. Endangered Species Act [16 U.S.C. 1531-1544].
3. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
4. Clean Air Act, 42 U.S.C. 7401-7671(q).
5. Section 4(f) of the Department of Transportation Act of 1966 [49
U.S.C. 303].
6. Section 106 of the National Historic Preservation Act of 1966,
as amended [16 U.S.C. 470(f) et seq.].
7. Bald and Golden Eagle Protection Act [16 U.S.C. 688-688d].
Notice is hereby given that, subsequent to the earlier FHWA notices
cited above, the USFWS has taken three final agency actions within the
meaning of 23 U.S.C. 139(l)(1) by issuing: (1) Conference Opinion for
the northern long-eared bat (Myotis septentrionalis) ``Amendment 3 to
the Revised Programmatic Biological Opinion (dated August 24, 2006,
previously amended July 24, 2013 and May 25, 2011) for the I-69,
Evansville to Indianapolis, Indiana highway'' dated April 1, 2015,
which was adopted as a Biological Opinion on May 4, 2015, upon the
effective date of the rule listing the northern long-eared bat; (2) an
individual Biological Opinion, dated October 30, 2017, for the Tier 2,
Section 6, 26-mile I-69 project in Morgan, Johnson, and Marian
counties, that concluded that the Section 6 project was not likely to
jeopardize the continued existence of the Indiana bat (Myotis sodalis)
or the northern long-eared bat; and, (3) concurrence with the FHWA's
determination that the I-69 project is not likely to adversely affect
the rusty patched bumble bee (Bombus affinis).
Previous actions taken by the USFWS for the Tier 1, I-69 project,
pursuant to the Endangered Species Act, 16 U.S.C. 1531-1544, included
its concurrence with the FHWA's determination that the I-69 project was
not likely to adversely affect the eastern fanshell mussel (Cyprogenia
stegaria) and that the project was likely to adversely affect, but not
jeopardize, the bald eagle. The USFWS also concluded that the project
was not likely to jeopardize the continued existence of the Indiana bat
and was not likely to adversely modify the bat's designated Critical
Habitat.
These USFWS decisions were described in the Programmatic Biological
Opinion issued on December 3, 2003, the Revised Programmatic Biological
Opinion issued on August 24,
[[Page 9074]]
2006, including subsequent amendments, and other documents in the Tier
1 project records. A Notice of Limitation on Claims for Judicial Review
of these actions and decisions by the USFWS, DOI, was published in the
Federal Register on April 17, 2007. The USFWS affirmed its decisions in
the Amendment to the Revised Programmatic Biological Opinion issued on
May 25, 2011. Notices of Limitation on Claims for Judicial Review of
these actions and decisions by the USFWS, DOI, were published in the
Federal Register on July 20, 2011, and August 27, 2013. Any claim
seeking judicial review of the previous Amendments to the Revised
Programmatic Biological Opinion must have been filed by January 17,
2012, and January 24, 2014, respectively to avoid being barred under 23
U.S.C. 139(l).
On April 15, 2015, USFWS issued ``Amendment 3 To the Tier 1 Revised
Programmatic Biological Opinion (RPBO dated August 24, 2006, previously
amended July 24, 2013, and May 25, 2011) for the I-69, Evansville to
Indianapolis, Indiana highway.'' USFWS issued their Conference Opinion
on the northern long-eared bat as Amendment 3 to the RPBO due to the
pending listing of the northern long-eared bat under the ESA. The
Conference Opinion was adopted as a Biological Opinion on May 4, 2015,
upon the effective date of the listing of the northern long-eared bat.
The amendment added an exempted level of incidental take for the
northern long-eared bat and added terms and conditions associated with
the northern long-eared bat along with reasonable and prudent measures
to be implemented to protect this species. Based on analysis of the
information on the northern long-eared bat, USFWS concluded that while
potential incidental take of some individuals may result from the
construction, operation, and maintenance of the I-69 Evansville to
Indianapolis, Indiana highway, it is not likely to jeopardize the
continued existence of the northern long-eared bat. USFWS did not
conduct any new analysis for either the bald eagle or eastern fanshell
mussel (Cyprogenia stegaria), and the non-jeopardy conclusion regarding
impacts to the bald eagle still stands as stated in the original Tier 1
Biological Opinion (dated December 3, 2003). The Amendment 3 to the
Tier 1 Revised Programmatic Biological Opinion (RPBO dated August 24,
2006, previously amended July 24, 2013, and May 25, 2011) for the I-69,
Evansville to Indianapolis, Indiana highway can be found and downloaded
from the project website at http://wwww.i69indyevn.org.
For the Tier 2, Section 6, 26-mile I-69 Project in Morgan, Johnson,
and Marion Counties, an individual Biological Opinion was issued on
October 30, 2017, which concluded that the Section 6 project was not
likely to jeopardize the continued existence of the Indiana bat or the
northern long-eared bat. In addition, the USFWS issued an Incidental
Take Statement subject to specific terms and conditions. The Biological
Opinions and other project records relating to the USFWS actions, taken
pursuant to the Endangered Species Act, 16 U.S.C. 1531-1544, are
available by contacting the FHWA, INDOT, or USFWS at the addresses
provided above. The Tier 2, Section 6 Biological Opinion can be viewed
in Appendix GG2 in the Section 6 FEIS.
The USFWS concurrence with the FHWA's determination that the I-69
project is not likely to adversely affect the rusty patched bumble bee
(Bombus affinis) was based on the fact that the project is outside of
the ``high potential'' zones developed in Indiana for the rusty patched
bumble bee and thus the species is not likely to be present within the
project area.
(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).
Mayela Sosa,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2018-04067 Filed 3-1-18; 8:45 am]
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