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Notice of Final Federal Agency Actions on Proposed Highway in Indiana and Kentucky Publication: Federal Register Agency: Federal Highway Administration Byline: Jermaine R. Hannon Date: 5 October 2021 Subjects: American Government  , Roads & Highways
Topic: Interstate Highway System |
[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55106-55107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21452]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
Indiana and Kentucky
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of limitation on claims for judicial review of actions
by FHWA and other federal agencies.
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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 I-69 Ohio River Crossing (ORX) project in Evansville, Indiana
and Henderson, Kentucky and grant licenses, permits, and approvals for
the project.
DATES: By this notice, FHWA is advising the public that FHWA and other
Federal agencies 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
March 4, 2022. 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.
For the Indiana Department of Transportation (INDOT), you may contact
Laura Hilden, Director--Environmental Services, 100 North Senate
Avenue, Room N758-ES, Indianapolis, IN 46204; telephone: (317) 552-
9692; email: lhilden@indot.in.gov. Normal business hours for INDOT are:
8:00 a.m. to 4:30 p.m., EST. For the Kentucky Transportation Cabinet
(KYTC), you may contact Danny Peake, Director--Division of
Environmental Analysis, 200 Mero Street, Frankfort, KY 40622;
telephone: (502) 564-7250; email: Danny.Peake@ky.gov. Normal business
hours for KYTC are: 8:00 a.m. to 4:30 p.m., EST.
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has
approved the Final Environmental Impact Statement (FEIS) for the I-69
ORX project in Evansville, Indiana and Henderson, Kentucky and issued a
Record of Decision (ROD) on September 16, 2021.
The FEIS and ROD identified Central Alternative 1B Modified as the
Selected Alternative. Decisions in the FEIS and ROD that were cited in
the Federal Register included, but were not limited to, the following:
1. Purpose and need for the project.
2. Range of alternatives for analysis.
3. Screening of alternatives and the identification of alternatives
to be carried forward for more detailed analysis in the Draft
Environmental Impact Statement (DEIS).
4. Identification of Central Alternatives 1A and 1B as the
Preferred Alternatives in the DEIS and the decision to prepare a
combined FEIS and ROD.
5. Development and identification of Central Alternative 1B
Modified as the Single Preferred Alternative.
6. Identification of Central Alternative 1B Modified as the
Selected Alternative in the combined FEIS and ROD.
Interested parties may consult the FEIS and ROD for details about
each of the decisions described above and for information on other
issues decided. The FEIS and ROD can be viewed and downloaded from the
project website at https://i69ohiorivercrossing.com/. People unable to
access the website may contact FHWA, INDOT, or KYTC at the addresses
listed above. Decisions in the I-69 ORX FEIS and 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]; Fish and Wildlife
Coordination Act [16 U.S.C. 661-667d]; Migratory Bird Treaty Act [16
U.S.C. 703-712]; Bald and Golden Eagle Protection Act [16 U.S.C. 688-
688d].
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.]; Archeological Resources
Protection Act of 1977 [16 U.S.C. 470(aa-470(ll)]; Archeological and
Historic Preservation Act [16 U.S.C. 469-469c]; Native American Grave
Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
7. Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604];
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Safe Drinking Water
Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)].
8. Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Resource Conservation and
Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Uniform
Relocation Assistance and Real Property Acquisition Act [42 U.S.C. 61].
10. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
[[Page 55107]]
11. Executive Order (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; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species.
Notice is hereby given that the USFWS has taken the final agency
actions within the meaning of 23 U.S.C. 139(l)(1) by issuing the
following:
1. A letter dated September 3, 2020, concurring with the effects
determinations in the Biological Assessment (BA) and that no further
coordination with the USFWS is needed for the species that received a
``may affect, not likely to adversely affect'' determination and for
the northern long-eared bat, which received a ``may affect, is likely
to adversely affect'' determination. The adverse effects for the
northern long-eared bat will be addressed through Section 4(d) of the
Endangered Species Act.
2. A Biological Opinion (BO) dated December 17, 2020, that the I-69
ORX project is not likely to jeopardize the continued existence of the
fat pocketbook and sheepnose mussels.
3. A Conference Opinion dated December 17, 2020, that the I-69 ORX
project is not likely to jeopardize the continued existence of the
longsolid mussel.
As part of the BA, the Indiana bat received an effect determination
of ``may affect, is likely to adversely affect.'' The adverse effects
for the Indiana bat will be addressed through Kentucky's latest
Statewide Bat Programmatic Agreement. However, additional coordination
with the USFWS Indiana Field Office is required during final design to
determine the appropriate amount and/or type of conservation to offset
the effects of incidental take.
The BA and BO 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, KYTC, or USFWS at
the addresses provided above. The BA and BO can be viewed in Appendices
K-4 and K-5 of the I-69 ORX FEIS.
(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).
Jermaine R. Hannon,
Division Administrator, FHWA, Indianapolis, Indiana.
[FR Doc. 2021-21452 Filed 10-4-21; 8:45 am]
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