[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Pages 38881-38882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15931]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Two New Ohio 
River Bridge Crossings in Kentucky and Indiana

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA.

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SUMMARY: This notice announces actions taken by the FWHA that are final 
within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a 
proposed highway project, the Louisville-Southern Indiana Ohio River 
Bridges Project, which would provide a new Ohio River Bridge carrying 
Interstate 65 (I-65) between Louisville, Kentucky and Jeffersonville, 
Indiana immediately upstream and adjacent to the existing I-65 bridge, 
and a second new Ohio River Bridge located approximately eight miles 
upstream of the existing I-65 crossing, providing a connection between 
KY 841 (Gene Snyder Freeway) in eastern Jefferson County, Kentucky and 
SR 265 in eastern Clark County, Indiana. Both Bridges are located in 
Jefferson County, Kentucky and Clark County, Indiana.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Federal agency actions on the highway project will be barred 
unless the claim is filed on or before December 26, 2012. 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 that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Duane Thomas, Project 
Manager, Federal Highway Administration--Kentucky Division, John C. 
Watts Federal Building, 330 W. Broadway, Frankfort, KY 40601; 
telephone--502-223-6720; [email protected]. For Kentucky: Mr. 
Gary Valentine, Project Manager, Kentucky Transportation Cabinet, 8310 
Westport Road, Louisville, KY 40242; telephone--502-210-5453; email_
[email protected]. For Indiana: Mr. Ron Heustis, Project Manager, 
Indiana Department of Transportation, 100 N. Senate Avenue, IGCN925, 
Indianapolis, Indiana 46204.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project in the Commonwealth of 
Kentucky and the State of Indiana: The Louisville-Southern Indiana Ohio 
River Bridges Project. The proposed action will improve cross-river 
mobility between Jefferson County, Kentucky and Clark County, Indiana, 
by constructing a new Ohio River Bridge carrying I-65 between 
Louisville, Kentucky and Jeffersonville, Indiana immediately upstream 
and adjacent to the existing I-65 bridge (the ``Downtown Crossing''), 
and a second new Ohio River Bridge located approximately eight miles 
upstream of the existing I-65 crossing, providing a connection between 
KY 841 (Gene Snyder Freeway) in eastern Jefferson County, Kentucky and 
SR 265 in eastern Clark County, Indiana (the ``East End Crossing''), 
and reconstructing the highway approaches to both the Downtown Crossing 
and the East End Crossing in Kentucky and Indiana. The Downtown 
Crossing will provide for a new Ohio River Bridge to carry northbound 
I-65 traffic and the reconstruction of the existing I-65 Kennedy Bridge 
to carry southbound traffic. The Downtown Crossing also will include 
the reconstruction of the Kennedy Interchange (where I-65, I-64, and I-
71 converge in Kentucky just south of the Kennedy Bridge) in its 
existing location, and the reconstruction of the I-65 approach in 
Indiana. In total, reconstruction of approximately 2.8 miles of I-65 is 
involved. The East End Crossing will provide for a new Ohio River 
Bridge and approach roadways connecting the Gene Snyder Freeway (KY 
841) in Kentucky to the Lee Hamilton Highway (IN-265) in Indiana. The 
East End Crossing will extend from the I-71/Gene Snyder Freeway 
interchange in Kentucky to the Lee Hamilton Highway north of S.R. 62 in 
Indiana for a total length of approximately 8.1 miles. The East End 
Crossing also will include new

[[Page 38882]]

interchanges at S.R. 62/Port Road and Utica-Old Salem Road.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Supplemental Final 
Environmental Impact Statement (SFEIS) for the project, approved on 
April 20, 2012, in the FHWA Revised Record of Decision (Revised ROD) 
issued on June 20, 2012, and in other documents in the FHWA 
administrative record. A Final Environmental Impact Statement (FEIS) 
and Section 4(f) Evaluation were previously issued for the Project on 
April 8, 2003 and were followed by the issuance of a Record of Decision 
on September 6, 2003. The SFEIS, Revised ROD, and other project records 
are available by contacting FHWA, the Kentucky Transportation Cabinet, 
or the Indiana Department of Transportation at the addresses provided 
above. The SFEIS and Revised ROD can be viewed and downloaded from the 
project Web site at www.kyinbridges.com, or viewed at public libraries 
in the project area.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Farmland Protection Policy ACT (FPPA) [7 U.S.C. 
4201-4209].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: 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. 469-469(c).
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Uniform Relocation Assistance and Real Property 
Act of 1970 (42 U.S.C. 4601 et seq., Pub. L. 91-646) as amended by the 
Uniform Relocation Act of 1987 (Pub. L. 100-17); Executive Order 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low Income Populations, February 11, 1994..
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(SDWA) [42 U.S.C. 300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 
U.S.C. 401-406]; Emergency Wetlands Resources Act, [16 U.S.C. 3921, 
3931]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; 
Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 11593 Protection and Enhancement of 
Cultural Resources; E.O. 13287 Preserve America; E.O. 13175 
Consultation and Coordination with Indian Tribal Governments.

(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).

    Issued on: June 20, 2012.
Jose Sepulveda,
FHWA Division Administrator, Frankfort, KY 40601.
[FR Doc. 2012-15931 Filed 6-28-12; 8:45 am]
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