[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Pages 19228-19229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7231]


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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), 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 the USFWS 
that are final within the meaning of 23 U.S.C. Sec.  139(l)(1). The 
actions relate to a proposed highway project, I-69, Evansville to 
Indianapolis, Indiana, in the Counties of Vanderburgh, Warrick, Gibson, 
Pike, Daviess, Greene, Monroe, Morgan, Johnson and Marion, State of 
Indiana. 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 
decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for the highway project. The 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 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 
October 15, 2007. If the Federal law that authorizes judicial review of 
a claim provides a time period of less than 180 days for filing such 
claim, then the shorter time period applies.

FOR FURTHER INFORMATION CONTACT: For the FHWA: Mr. Anthony DeSimone, 
P.E., Federal Highway Administration, Indiana Division, 575 North 
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone: 
(317) 226-5307; e-mail: [email protected]. The FHWA Indiana 
Division Office's normal business hours are 7:30 a.m. to 4 p.m., e.t. 
For the USFWS: Mr. Scott Pruitt, Field Supervisor, Bloomington Field 
Office, USFWS, 620 South Walker Street, Bloomington, IN 47403-2121; 
telephone: 812-334-4261; e-mail: [email protected]. Normal business 
hours for the USFWS Bloomington Field Office are: 8 a.m. to 4:30 p.m., 
e.t. You may also contact Mr. Thomas Seeman, Project Manager, Indiana 
Department of Transportation (INDOT), 100 North Senate Avenue, 
Indianapolis, IN 46204; telephone: (317) 232-5336; e-mail: 
[email protected]. Normal business hours for the Indiana Department 
of Transportation are: 8 a.m. to 4:30 p.m., e.t.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
approved a Tier 1 Final Environmental Impact Statement (FEIS) and 
issued a Record of Decision (ROD) in connection with a proposed highway 
project in the State of Indiana: I-69 from Evansville to Indianapolis, 
in Vanderburgh, Warrick, Gibson, Pike, Daviess, Greene, Monroe, Morgan, 
Johnson and Marion Counties. The project will be an approximately 142 
mile long Interstate highway. It will begin at the I-64/I-164 
interchange just north of Evansville, Indiana and end at I-465 in 
Indianapolis, to the west of the I-465/SR 37 interchange. The proposed 
freeway will be on both new and existing alignment.
    Decisions in the FHWA Tier 1 ROD that have final approval include, 
but are not limited to, the following:
    1. Purpose and need for the project (see section 3.1).
    2. Range of alternatives for analysis (see sections 3.3 and 3.4).
    3. Selection of the Interstate highway build alternative and 
highway corridor for the project. The selected alternative, referred to 
in the FEIS as Alternative 3C, involves completing I-69 as an 
Interstate highway from Evansville to Indianapolis via Oakland City, 
Washington, Crane Naval Surface Warfare Center, Bloomington, and 
Martinsville (see section 2.1). This alternative includes the use of 
parts of the existing alignment of SR 37 to reach I-465 and the route 
variation known as WE2 in the area of Washington, Indiana. The ultimate 
alignment of the highway within the corridor, and the location and 
number of interchanges and rest areas will be evaluated in the Tier 2 
National Environmental Policy Act (NEPA) proceedings.
    4. Elimination of other alternatives from consideration in Tier 2 
NEPA proceedings. The alternatives that will not be considered any 
further include, but are not limited to, those identified in the Tier 1 
FEIS as the ``no build'' alternative, and alternatives 1, 2A, 2B, 2C, 
3A, 3B, 4A, 4B, 5A, and 5B. Also eliminated were a number of hybrids 
and variations on these alternatives, including the ``Mann Road 
Variation'' for reaching I-465 and variations WW1, WW2, and WE1 in the 
area of Washington, Indiana. Detailed information about the 
alternatives considered in Tier 1, and about the Federal decisions that 
eliminate alternatives other than Alternative 3C from further 
consideration, is available in section 3 of the Tier 1 ROD and the Tier 
1 FEIS sections cited therein.
    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 (see section 2.3).

[[Page 19229]]

    Interested parties may consult the Tier 1 ROD and Tier 1 FEIS for 
details about each of the decisions described above and for information 
on other issues decided. The documents are available as described 
below.
    Following the completion of the Tier 1 ROD, interested parties 
submitted comments suggesting that new information existed that might 
affect the Tier 1 FEIS analyses and the Federal decisions based on 
those analyses. In response, the FHWA reevaluated the project and 
decided that the changes that occurred following the ROD did not 
individually or collectively require supplementation of the Tier 1 
FEIS.
    The Tier 1 FEIS (issued on December 5, 2003), the Tier 1 ROD 
(issued on March 24, 2004), the FHWA decision that supplementation of 
the Tier 1 FEIS is not required (issued on February 12, 2007), and 
other documents in the project records are available by contacting the 
FHWA or the INDOT at the addresses provided above. Interested parties 
also may view or download the FHWA Tier 1 FEIS, Tier 1 ROD, the 
decision not to prepare a Tier 1 supplemental EIS, the related 
reevaluation report, and INDOT responses to comments on the 
reevaluation report at the project Web site, http://deis.i69indyevn.org/, or by contacting FHWA or INDOT at the addresses 
listed above.
    Actions taken by the USFWS, pursuant to the Endangered Species Act, 
16 U.S.C. 1531-1544, include its concurrence with the FHWA's 
determination that the I-69 project is not likely to adversely affect 
the eastern fanshell mussel (Cyprogenia stegaria) and that the project 
is still likely to adversely affect, but not jeopardize, the bald 
eagle. The USFWS concluded that the project is not likely to jeopardize 
the continued existence of the Indiana bat and is not likely to 
adversely modify the bat's designated Critical Habitat. The USFWS 
decisions are described in the Programmatic Biological Opinion issued 
on December 3, 2003, the Revised Programmatic Biological Opinion issued 
on August 24, 2006, and other documents in the project records. These 
opinions, and other project records relating to the USFWS actions, are 
available by contacting the FHWA, INDOT, or USFWS at the addresses 
provided above. The Programmatic Biological Opinion can be viewed in 
the Appendices Section and downloaded from the project Web site at 
http://deis.i69indyevn.org/FEIS/index.html and the Revised Programmatic 
Biological Opinion can be viewed and downloaded from the project Web 
site at http://i69indyevn.org/Corridor_Reports/corridor_reports.html.
    This notice applies to all Federal agency decisions that are final 
within the meaning of 23 U.S.C. 139(1)(1) as of the issuance date of 
this notice, and to all laws under which such actions were taken. The 
laws include, but are not limited to:
    1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351].
    2. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    3. Endangered Species Act [16 U.S.C. 1531-1544].
    4. National Historic Preservation Act of 1966, as amended [16 
U.S.C. 470 et seq.].
    5. Section 4(f) of the Department of Transportation Act of 1966 [49 
U.S.C. 303 and 23 U.S.C. 138].
    6. Clean Air Act [42 U.S.C. 7401-7671(q)].

(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).

Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
 [FR Doc. E7-7231 Filed 4-16-07; 8:45 am]
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