[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8786-8787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3560]


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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), DOT.

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

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SUMMARY: This notice announces actions taken by the FHWA and the USFWS 
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions 
relate to a proposed highway project for a 25.73-mile segment of I-69, 
in the Counties of Daviess and Greene, 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 
August 24, 2010. 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 the shorter time period applies.

FOR FURTHER INFORMATION CONTACT: For the FHWA: Ms. Janice Osadczuk, 
Federal Highway Administration, Indiana Division, 575 North 
Pennsylvania Street, Room 254,

[[Page 8787]]

Indianapolis, IN 46204-1576; telephone: (317) 226-7486; e-mail: 
<a href="/cdn-cgi/l/email-protection#1d577c73747e7833526e7c797e6768765d797269337a726b"><span class="__cf_email__" data-cfemail="83c9e2edeae0e6adccf0e2e7e0f9f6e8c3e7ecf7ade4ecf5">[email protected]</span></a>. The FHWA Indiana Division Office's normal 
business hours are 7:30 a.m. to 4 p.m., e.t. For the USFWS: Mr. Scott 
Pruitt, Field Supervisor, Bloomington Field Office, USFWS, 620 South 
Walker Street, Bloomington, IN 47403-2121; telephone: 812-334-4261; e-
mail: <a href="/cdn-cgi/l/email-protection#2d7e4e425959727d5f584459596d4b5a5e034a425b"><span class="__cf_email__" data-cfemail="590a3a362d2d06092b2c302d2d193f2e2a773e362f">[email protected]</span></a>. Normal business hours for the USFWS 
Bloomington Field Office are: 8 a.m. to 4:30 p.m., e.t. You may also 
contact Mr. Thomas Seeman, Project Manager, Indiana Department of 
Transportation (INDOT), 100 North Senate Avenue, Indianapolis, IN 
46204; telephone: (317) 232-5336; e-mail: <a href="/cdn-cgi/l/email-protection#01555264646c606f41686f656e752f484f2f666e77"><span class="__cf_email__" data-cfemail="62363107070f030c220b0c060d164c2b2c4c050d14">[email protected]</span></a>. Normal 
business hours for the Indiana Department of Transportation are: 8 a.m. 
to 4:30 p.m., e.t.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
approved a Tier 2 Final Environmental Impact Statement (FEIS) for 
section 3 of the I-69 highway project from Evansville to Indianapolis 
and issued a Record of Decision (ROD) for section 3 on January 28, 
2010. Section 3 of the I-69 project extends from U.S. 50 east of the 
city of Washington, Indiana to U.S. 231 near the Crane NSWC. Section 3 
is a new alignment, fully access-controlled highway. As approved in the 
Tier 1 ROD, the corridor is generally 2000-feet wide. The corridor 
width varies at two locations within Section 3. It narrows to 1200-feet 
wide near First Creek and expands to 6400-feet wide near the Thousand 
Acre Woods. The ROD selected Refined Preferred Alternative 1 for 
section 3, as described in the I-69 Evansville to Indianapolis, 
Indiana, Tier 2 Final Environmental Impact Statement, Washington to 
Crane NSWC, Indiana (FEIS), available at http://www.i69indyevn.org/section3_FEIS.html. 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 United States Fish and 
Wildlife Service (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(l). 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 specifically noted that the ultimate 
alignment of the highway within the corridor, and the location and 
number of interchanges and rest areas would be evaluated in the Tier 2 
NEPA proceedings. Those proceedings for section 3 of the I-69 project 
from Evansville to Indianapolis have culminated in the January 28, 
2010, ROD and this Notice. Interested parties may consult the Tier 2, 
section 3 ROD and FEIS for details about each of the decisions 
described above and for information on other issues decided. The Tier 
2, section 3 ROD can be viewed and downloaded from the project Web site 
at http://www.i69indyevn.org/. People unable to access the Web site may 
contact FHWA or INDOT at the addresses listed above. Decisions in the 
section 3, 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]. 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, 2006, 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. 
For the Tier 2, section 3, 25.73-mile I-69 project in Daviess and 
Greene Counties, an individual Biological Opinion was issued on October 
21, 2009, that concluded that the Section 3 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. In 
addition, the USFWS issued an Incidental Take Statement subject to 
specified terms and conditions. In addition, the USFWS issued a Bald 
Eagle Take Exempted Under ESA permit (No. MB218918-0) for the 
incidental take of the bald eagles for all sections of the I-69 
project. The permit was effective as of June 25, 2009, and is subject 
to the terms and conditions of the Endangered Species Act section 7 
incidental take statement and the August 24, 2006, Revised Programmatic 
Biological Opinion. The biological opinions, Bald Eagle permit no. 
MB218918-0, 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 3, Biological Opinion can be viewed 
and downloaded from the project Web site at http://www.deis.i69indyevn.org/FEIS_Sec3/Sec3_Appendix_Y2.pdf.

(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).

Robert F. Tally, Jr.,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2010-3560 Filed 2-24-10; 8:45 am]
BILLING CODE P


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