[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9073-9074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04067]



[[Page 9073]]

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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), Department of 
Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and United States Fish and Wildlife Service (USFWS), Department 
of Interior (DOI).

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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 highway project for a 26-mile segment of Interstate 69 (I-69) 
in the Counties of Morgan, Johnson, and Marion, 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, 2018. 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. 
You may also contact Laura Hilden, Director--Environmental Services, 
Indiana Department of Transportation (INDOT), 100 North Senate Avenue, 
Room N642, Indianapolis, IN 46204; telephone: (317) 232-5018; email: 
[email protected]. Normal business hours for INDOT are: 8:00 a.m. 
to 4:30 p.m., est.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
approved a Tier 2 Final Environmental Impact Statement (FEIS) for 
Section 6 of the I-69 highway project from Evansville to Indianapolis 
and issued a Record of Decision (ROD) for Section 6 on February 1, 
2018. Section 6 of the I-69 project extends from SR 39 south of 
Martinsville and proceeds north for approximately 26 miles to 
Interstate 465 (I-465) in Indianapolis. As part of the I-69 project, 
improvements to I-465 will also be made from Mann Road to U.S. Route 
31.
    The ROD selected the Refined Preferred Alternative for Section 6, 
as described in the I-69 Evansville to Indianapolis, Indiana, Tier 2 
Final Environmental Impact Statement, Martinsville to Indianapolis, 
Indiana (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 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(1). 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 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 of Limitation on Claims specifically 
noted that the ultimate alignment of the highway within the corridor 
and the locations and number of interchanges and rest areas would be 
decided in the Tier 2 NEPA proceedings. Those proceedings for Section 6 
of the I-69 project from Evansville to Indianapolis have culminated in 
the February 1, 2018, ROD and this Notice. Interested parties may 
consult the Tier 2, Section 6 ROD and FEIS for details about each of 
the decisions described above and for information on other issues 
decided.
    The Tier 2, Section 6 ROD can be viewed and downloaded from the 
project website at http://www.i69indyevn.org/. People unable to access 
the website may contact FHWA or INDOT at the addresses listed above. 
Decisions in the Section 6, 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.].
    7. Bald and Golden Eagle Protection Act [16 U.S.C. 688-688d].
    Notice is hereby given that, subsequent to the earlier FHWA notices 
cited above, the USFWS has taken three final agency actions within the 
meaning of 23 U.S.C. 139(l)(1) by issuing: (1) Conference Opinion for 
the northern long-eared bat (Myotis septentrionalis) ``Amendment 3 to 
the Revised Programmatic Biological Opinion (dated August 24, 2006, 
previously amended July 24, 2013 and May 25, 2011) for the I-69, 
Evansville to Indianapolis, Indiana highway'' dated April 1, 2015, 
which was adopted as a Biological Opinion on May 4, 2015, upon the 
effective date of the rule listing the northern long-eared bat; (2) an 
individual Biological Opinion, dated October 30, 2017, for the Tier 2, 
Section 6, 26-mile I-69 project in Morgan, Johnson, and Marian 
counties, that concluded that the Section 6 project was not likely to 
jeopardize the continued existence of the Indiana bat (Myotis sodalis) 
or the northern long-eared bat; and, (3) concurrence with the FHWA's 
determination that the I-69 project is not likely to adversely affect 
the rusty patched bumble bee (Bombus affinis).
    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,

[[Page 9074]]

2006, including subsequent amendments, 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. The USFWS affirmed its decisions in 
the Amendment to the Revised Programmatic Biological Opinion issued on 
May 25, 2011. Notices of Limitation on Claims for Judicial Review of 
these actions and decisions by the USFWS, DOI, were published in the 
Federal Register on July 20, 2011, and August 27, 2013. Any claim 
seeking judicial review of the previous Amendments to the Revised 
Programmatic Biological Opinion must have been filed by January 17, 
2012, and January 24, 2014, respectively to avoid being barred under 23 
U.S.C. 139(l).
    On April 15, 2015, USFWS issued ``Amendment 3 To the Tier 1 Revised 
Programmatic Biological Opinion (RPBO dated August 24, 2006, previously 
amended July 24, 2013, and May 25, 2011) for the I-69, Evansville to 
Indianapolis, Indiana highway.'' USFWS issued their Conference Opinion 
on the northern long-eared bat as Amendment 3 to the RPBO due to the 
pending listing of the northern long-eared bat under the ESA. The 
Conference Opinion was adopted as a Biological Opinion on May 4, 2015, 
upon the effective date of the listing of the northern long-eared bat. 
The amendment added an exempted level of incidental take for the 
northern long-eared bat and added terms and conditions associated with 
the northern long-eared bat along with reasonable and prudent measures 
to be implemented to protect this species. Based on analysis of the 
information on the northern long-eared bat, USFWS concluded that while 
potential incidental take of some individuals may result from the 
construction, operation, and maintenance of the I-69 Evansville to 
Indianapolis, Indiana highway, it is not likely to jeopardize the 
continued existence of the northern long-eared bat. USFWS did not 
conduct any new analysis for either the bald eagle or eastern fanshell 
mussel (Cyprogenia stegaria), and the non-jeopardy conclusion regarding 
impacts to the bald eagle still stands as stated in the original Tier 1 
Biological Opinion (dated December 3, 2003). The Amendment 3 to the 
Tier 1 Revised Programmatic Biological Opinion (RPBO dated August 24, 
2006, previously amended July 24, 2013, and May 25, 2011) for the I-69, 
Evansville to Indianapolis, Indiana highway can be found and downloaded 
from the project website at http://wwww.i69indyevn.org.
    For the Tier 2, Section 6, 26-mile I-69 Project in Morgan, Johnson, 
and Marion Counties, an individual Biological Opinion was issued on 
October 30, 2017, which concluded that the Section 6 project was not 
likely to jeopardize the continued existence of the Indiana bat or the 
northern long-eared bat. In addition, the USFWS issued an Incidental 
Take Statement subject to specific terms and conditions. The Biological 
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 6 Biological Opinion can be viewed 
in Appendix GG2 in the Section 6 FEIS.
    The USFWS concurrence with the FHWA's determination that the I-69 
project is not likely to adversely affect the rusty patched bumble bee 
(Bombus affinis) was based on the fact that the project is outside of 
the ``high potential'' zones developed in Indiana for the rusty patched 
bumble bee and thus the species is not likely to be present within the 
project area.
(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).

Mayela Sosa,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2018-04067 Filed 3-1-18; 8:45 am]
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