[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63645-63646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19810]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Mid-States Corridor 
Project in Indiana

AGENCY: Federal Highway Administration (FHWA), 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 final actions taken by FHWA and the 
United States Fish and Wildlife Service (USFWS) relating to the 
proposed Mid-States Corridor Project in southern Indiana. The public is 
advised that FHWA issued a Record of Decision (ROD) which concludes the 
Tier 1 Mid-States Corridor Project studies. The ROD is combined with 
the Mid-States Corridor Project Tier 1 Final Environmental Impact 
Statement (EIS) prepared by FHWA and the Indiana Department of 
Transportation (INDOT).

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 highway project will be barred 
unless the claim is filed on or before February 12, 2024. 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.

FOR FURTHER INFORMATION CONTACT: Mr. Jermaine R. Hannon, Division 
Administrator, Federal Highway Administration, 575 North Pennsylvania 
Street, Room 254, Indianapolis, IN 46204-1576; telephone: (317) 226-
7475; email: [email protected]. For the USFWS: Ms. Susan E. 
Cooper, 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., Eastern Time. For 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., Eastern Time.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has 
approved the Tier 1 Final Environmental Impact Statement (FEIS) for the 
Mid-States Corridor Project and issued the combined FEIS/ROD on 
September 15, 2023. The FHWA used a tiered EIS for the Mid-States 
Corridor Project 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 FEIS included in-depth analysis of environmental, 
transportation, and economic impacts and estimated project costs. The 
Tier 1 EIS also analyzed a reasonable range of corridor alternatives, 
which led to identification of Refined Alternative P as the selected 
alternative. The FHWA has concurred in that recommendation.
    The Tier 1 FEIS and ROD established Sections of Independent Utility 
(SIUs) for the project. A Tier 2 NEPA study will be conducted for each 
SIU prior to construction and will include identification of specific 
alignments and alternatives. The Tier 2 studies will be more closely 
tailored to address transportation needs within the SIUs, and 
evaluation of alternatives will include consideration of the social, 
economic, traffic, cost, and environmental impacts among other factors.
    This FEIS and ROD identified Refined Alternative P as the Selected 
Alternative. Decisions in the FEIS and ROD 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

[[Page 63646]]

analysis in the Draft Environmental Impact Statement (DEIS).
    4. Identification of Alternative P as the Preferred Alternative in 
the DEIS.
    5. Refinement to the Preferred Alternative P based on public input 
(Refined Preferred Alternative P).
    6. Identification of Refined Preferred Alternative P as the 
Selected Alternative in the FEIS and ROD.
    The Selected Alternative, Refined Preferred Alternative P, begins 
at the I-64/US 231 interchange and continues north and west to the I-
69/US 231 Interchange, and includes local improvements along the 
existing US 231. The analysis showed that Refined Alternative P has the 
lowest impacts to environmental resources and the lowest cost of the 
three alternatives determined to meet the Purpose and Need. In response 
to public comments and in the interest of minimizing any potential 
economic impacts, Refined Alternative P contains three additional 
variations in the area near Loogootee, Indiana, which will be further 
evaluated in Tier 2 studies to determine a single alignment. 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://midstatescorridor.com/. People unable to access the website 
may contact FHWA or INDOT at the addresses listed above.
    This notice applies to all final Federal Agency decisions in the 
Mid-States Corridor Tier 1 FEIS and ROD as of the issuance date of this 
notice, and all laws under which such actions were taken, including but 
not limited to:
    1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351].
    2. Endangered Species Act [16 U.S.C. 1531-1544].
    3. Fish and Wildlife Coordination Act [16 U.S.C. 661-667d].
    4. Migratory Bird Treaty Act [16 U.S.C. 703-712].
    5. Bald and Golden Eagle Protection Act [16 U.S.C. 688-688c].
    6. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    7. Clean Air Act, 42 U.S.C. 7401-7671(q).
    8. Section 4(f) of the Department of Transportation Act of 1966 [49 
U.S.C. 303].
    9. Section 106 of the National Historic Preservation Act of 1966, 
as amended [16 U.S.C. 470] and Native American Grave Protection and 
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    10. 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)].
    11. 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)].
    12. 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].
    13. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    14. Noise Control Act of 1972 [42 U.S.C. 4901 et seq].
    15. Clean Water Act (Section 319, Section 401, Section 402, Section 
404) [22 U.S.C. 1251 et seq.].
    16. 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; E.O. 13166, Improving Access for 
Persons with Limited English Proficiency.
    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 June 29, 2023, concurring with the effects 
determinations in the Biological Assessment (BA) and identifying that 
absent new information in Tier 2 studies or significant change to the 
project plans, no further coordination with the USFWS is needed for the 
gray bat, sheepnose mussel, rough pigtoe mussel and lake sturgeon which 
received a ``may effect, not likely to adversely affect'' 
determination.
    2. A Biological Opinion (BO) dated June 29, 2023, that the Mid-
States Corridor Project would not jeopardize the continued existence of 
the Indiana bat, northern long eared bat, fanshell mussel, and fat 
pocketbook mussel.
    3. A Conference Opinion (CO) dated June 29, 2023, that the Mid-
States Corridor Project would not jeopardize the continued existence of 
the tricolored bat, little brown bat, salamander mussel and monarch 
butterfly.
    4. The BO and CO also identified activities for Tier 2 studies. 
They included bat surveys, mussel surveys and anticipated mitigation 
activities.
    5. In its June 29, 2023, letter USFWS also states that incidental 
take statements would be developed during Tier 2 studies, and are not 
made as part of this Tier 1 BO and CO.
    The BA and BO/CO 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 BA and BO/CO can be viewed in Appendices 
PP and QQ of the Mid-States Corridor Tier 1 FEIS, respectively.

    (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. 2023-19810 Filed 9-14-23; 8:45 am]
BILLING CODE 4910-22-P