[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25563-25564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09150]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Chesapeake Bay 
Crossing Study Tier 1 Environmental Impact Statement (EIS) in Maryland

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 FHWA that are final. 
These actions relate to the Chesapeake Bay Crossing Study: Tier 1 NEPA 
(Bay Crossing Study) conducted to identify a corridor for a new 
crossing of the Chesapeake Bay in Maryland. The public is advised that 
FHWA issued a Record of Decision (ROD) which concludes the Tier 1 Bay 
Crossing Study. The ROD is combined with the Bay Crossing Study Tier 1 
Final Environmental Impact Statement (EIS) prepared by FHWA and the 
Maryland Transportation Authority (MDTA).

DATES: By this notice, 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 Tier 1 Bay Crossing Study will be 
barred unless the claim is filed on or before September 26, 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 that 
shorter time period still applies.

ADDRESSES: The Tier 1 Bay Crossing Study Final EIS and ROD is available 
online at www.baycrossingstudy.com. Hard copies of the Tier 1 Bay 
Crossing Study Final EIS and ROD are also available at the following 
libraries during normal library hours from April 29, 2022 to May 31, 
2022: Broadneck Library, 1275 Green Holly Drive, Annapolis, MD 21409, 
410-222-1905; Centreville Branch, 121 South Commerce Street, 
Centreville, MD 21617, 410-758-0890; Chestertown Branch, Kent County 
Public Library, 408 High Street, Chestertown, MD 21620, 410-778-3636; 
Crofton Library, 1681 Riedel Road, Crofton, MD 21114, 410-222-7915; 
Deale Library, 5940 Deale-Churchton Road, Deale, MD 20751, 410-222-
1925; Easton Library, 100 W Dover St., Easton, MD 21601, 410-822-1626; 
Edgewater Library, 25 Stepneys Lane, Edgewater, MD 21037, 410-222-1538; 
Kent Island Branch, 200 Library Circle, Stevensville, MD 21666, 410-
643-8161; Michael E. Busch Annapolis Library, 1410 West Street, 
Annapolis, MD 21401, 410-222-1750; Mountain Road Library, 4730 Mountain 
Road, Pasadena, MD 21122, 410-222-6699; Severna Park Library, 45 West 
McKinsey Road, Severna Park, MD 21146, 410-222-6290; St. Michaels 
Library, 106 Fremont Street, St. Michaels, MD 21663, 410-745-5877; and 
Twin Beaches Branch, 3819 Harbor Road, Chesapeake Beach, MD 20732, 410-
257-2411.

FOR FURTHER INFORMATION CONTACT: For FHWA, Ms. Jeanette Mar, 
Environmental Program Manager, Maryland Division, Federal Highway 
Administration, George H. Fallon Building, 31 Hopkins Plaza, Suite 
1520, Baltimore, Maryland 21201, Email: [email protected], 
telephone: (410) 779-7152. Regular office hours are from 8 a.m. to 5 
p.m. (Eastern Time), Monday through Friday, except for Federal 
holidays. For MDTA, Ms. Heather Lowe, Project Manager, Maryland 
Transportation Authority, Division of Planning and Program Development, 
2310 Broening Highway, Baltimore, Maryland 21224, Email: 
[email protected], telephone: (410) 537-5665. Regular office hours 
are from 8 a.m. to 5 p.m. (Eastern Time), Monday through Friday. 
Project information can be obtained from the project website at: 
www.baycrossingstudy.com.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and the 
MDTA, in cooperation with the U.S. Army Corps of Engineers, U.S. 
Environmental Protection Agency, U.S. Coast Guard, National Marine 
Fisheries Service, Maryland Department of the Environment, Maryland 
Department of Natural Resources, and the Maryland Department of 
Transportation State Highway Administration prepared a Tier 1 Bay 
Crossing Study EIS in accordance with the National Environmental Policy 
Act (NEPA); the Council on Environmental Quality regulations 
implementing NEPA (40 CFR parts 1500 through 1508), FHWA's regulations 
implementing NEPA (23 CFR part 771), and Section 4(f) (23 CFR part 
774). The Tier 1 Bay Crossing Study considered corridors for providing 
additional capacity and access across the Chesapeake Bay in order to 
improve mobility, travel reliability, and safety at the existing 
William Preston Lane, Jr. Memorial (Bay) Bridge. The Tier 1 Bay 
Crossing Study evaluated potential new

[[Page 25564]]

corridor alternatives, including an assessment of existing and 
potentially expanded transportation infrastructure needed to support 
additional capacity, improve travel times, and accommodate maintenance 
activities, while considering financial viability and environmental 
responsibility. The Tier 1 Bay Crossing Study EIS identified Corridor 7 
as the Preferred Corridor Alternative that best meets the Tier 1 Study 
Purpose and Need. FHWA concurred with the selection of Corridor 7 and 
issued a ROD for the Tier 1 Bay Crossing Study EIS on April 14, 2022. 
The ROD, together with the Tier 1 Bay Crossing Study EIS pursuant to 49 
U.S.C. 304a(b), 23 U.S.C. 139(n)(2), and 23 CFR 771.124, identifies and 
discusses all such factors that FHWA and MDTA balanced in making the 
decision for the Tier 1 EIS study. The ROD concludes the Tier 1 NEPA 
process by formally selecting Corridor 7 as the Selected Corridor 
Alternative that would advance into a future Tier 2 NEPA study.
    The Selected Corridor Alternative, Corridor 7, is a two-mile wide 
corridor that follows the existing road network along US 50/301 from 
west of the Severn River on the Western Shore of the Chesapeake Bay to 
the US 50/301 split on the Eastern Shore. This location includes the 
existing William Preston Lane Jr. Memorial (Bay) Bridge. The analysis 
of traffic, engineering, cost, and environmental considerations 
indicated that Corridor 7 would have substantial advantages over the 
other Corridor Alternatives Retained for Analysis (CARA), Corridors 6 
and 8. The selected alternative identifies the general (corridor) 
location for future improvements. The specific alignment of a potential 
new crossing has not been defined in the Tier 1 Bay Crossing Study. The 
FHWA and MDTA would need to complete a Tier 2 NEPA engineering and 
environmental study before any construction could occur.
    The actions by FHWA on this study, and the laws under which such 
actions were taken, are described in the combined Tier 1 Final EIS and 
ROD and in other documents completed as part of the study. The Tier 1 
Final EIS and ROD and other documents related to study approvals are 
available on the Bay Crossing Study website provided in the ADDRESSES 
section of this notice, or by contacting FHWA or MDTA at the addresses 
provided in the FOR FURTHER INFORMATION CONTACT section of this notice.
    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, 23 U.S.C. 128, and 
23 U.S.C. 139].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 6(f) of the Land and Water Conservation Fund Act 
of 1965 [16 U.S.C. 4601]; Section 4(f) of the Department of 
Transportation Act of 1966 [49 U.S.C. 303]; Farmland Protection Policy 
Act [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 [54 U.S.C. 306108].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1376].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675].
    9. Executive Orders: E.O. 11514 Protection and Enhancement of 
Environmental Quality; E.O. 11988 Floodplain Management; E.O. 11990 
Protection of Wetlands; E.O. 12898 Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations; E.O. 13112 Invasive Species; E.O. 13175 Consultation and 
Coordination with Indian Tribal Governments; E.O. 13186 
Responsibilities of Federal Agencies to Protect Migratory Birds.

(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: April 22, 2022.
Gregory Murrill,
Division Administrator, Baltimore, Maryland.
[FR Doc. 2022-09150 Filed 4-28-22; 8:45 am]
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