Notice of Final Federal Agency Actions on Proposed Highway in Indiana and Kentucky

Published date05 October 2021
Citation86 FR 55106
Record Number2021-21452
SectionNotices
CourtFederal Highway Administration
Federal Register, Volume 86 Issue 190 (Tuesday, October 5, 2021)
[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: [email protected]. 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: [email protected]. 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: [email protected]. 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: [email protected]. 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]
                BILLING CODE 4910-22-P
                

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