[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Pages 6241-6242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1811]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by the FHWA and the USFWS 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to a proposed highway project for a 13.1 mile segment of I-69, 
in the Counties of Warrick and Gibson, 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, 2008. 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 2 Final Environmental Impact Statement (FEIS) for 
section 1 of the I-69 highway project from Evansville to Indianapolis 
and issued a Record of Decision (ROD) for section 1 on December 12, 
2007. Section 1 of the I-69 project extends from the I-64/I-164/SR 57 
interchange north of Evansville to approximately one-half mile north of 
SR 64 near Oakland City, Indiana. Section 1 is a new alignment, fully 
access-controlled highway that has an approximately 350-foot-wide 
right-of-way. The ROD selected Alternative 4 for section 1, as 
described in the I-69 Evansville to Indianapolis, Indiana, Tier 2 Final 
Environmental Impact Statement, Evansville to Oakland City (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 United 
States Fish and Wildlife Service (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(l). 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

[[Page 6242]]

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 specifically noted that the ultimate 
alignment of the highway within the corridor, and the location and 
number of interchanges and rest areas would be evaluated in the Tier 2 
NEPA proceedings. Those proceedings for section 1 of the I-69 project 
from Evansville to Indianapolis have culminated in the December 12, 
2007, ROD and this Notice. Interested parties may consult the Tier 2, 
section 1 ROD and FEIS for details about each of the decisions 
described above and for information on other issues decided. The Tier 
2, section 1 ROD can be viewed and downloaded from the project Web site 
at http://www.i69indyevn.org/PDF/Section1/Section1_ROD.pdf. People 
unable to access the Web site may contact FHWA or INDOT at the 
addresses listed above. Decisions in the Section 1, 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.].
    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, 2006, 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. For the Tier 2, 
section 1, 13.1 mile I-69 project in Gibson and Warrick Counties, an 
individual Biological Opinion was issued on August 29, 2007, that 
concluded that the Section 1 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. In addition, the UFWS 
issued an Incidental Take Statement subject to specified terms and 
conditions. These 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 1, Biological Opinion can 
be viewed and downloaded from the project Web site at http://www.deis.i69indyevn.org/FEIS_Sec1/Appendix_Q2.pdf.

(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. E8-1811 Filed 1-31-08; 8:45 am]
BILLING CODE 4910-RY-P