[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