[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13272-13273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-979]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Environmental Impact Statement: Rockingham and Hillsborough 
Counties, New Hampshire

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Intent.

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SUMMARY: The FHWA is issuing this notice to advise the public of its 
intent to prepare a supplemental environmental impact statement (SEIS) 
in cooperation with the New Hampshire Department of Transportation for 
the proposed improvements to Interstate 93 in Rockingham and 
Hillsborough Counties, New Hampshire.

FOR FURTHER INFORMATION CONTACT: Mr. Jamison S. Sikora, Environmental 
and Right of Way Programs Manager, New Hampshire Division, Federal 
Highway Administration, 19 Chenell Drive, Suite One, Concord, NH 03301, 
Tel. (603) 228-3057, ext. 107, or Mr. Charles H. Hood, Administrator, 
Bureau of Environment, New Hampshire Department of Transportation, P.O. 
Box 483, John O. Morton Building, Concord, New Hampshire 03302-0483, 
Tele. (603) 271-3226.

SUPPLEMENTARY INFORMATION: The final EIS (FEIS) for the I-93 
improvements (FHWA-NH-EIS-02-01-F) was approved on April 28, 2004 and 
the FHWA Record of Decision (ROD) issued on June 28, 2005. The proposed 
improvements to this approximately 19.8-mile segment of the Interstate 
93 corridor between Salem and Manchester, New Hampshire provide for 
widening the existing four lane Interstate highway to eight lanes, 
improvements at each of the five interchange locations along this 
segment of highway, and addressing existing geometric deficiencies. 
Improvements to the corridor are considered necessary to improve 
transportation efficiency and reduce safety deficiencies.
    The SEIS will supplement the April 2004 FEIS for the I-93 Salem to 
Manchester project, which was the subject of litigation and a court 
decision in Conservation Law Foundation v. Federal Highway 
Administration, et. al. (U.S. District Court for the District of New 
Hampshire, Case no.: 1:06-cv-45). In accordance with the court's 
decision rendered in August 2007, FHWA will prepare an SEIS that 
specifically considers how the Delphi Panel's population forecasts 
affect the analysis of both the effectiveness of the Selected 
Alternative as a traffic congestion reduction measure and the indirect 
effects of the additional population predicted by those forecasts on 
secondary road traffic and air quality issues. The court ruled in favor 
of FHWA and the NHDOT regarding the plaintiff's remaining alleged FEIS 
deficiencies. Therefore, the SEIS will be of limited scope with the 
purpose of determining whether the FHWA's 2005 ROD regarding the 
Selected Alternative remains reasonable once the narrow issues 
enumerated in the court's memorandum opinion are thoroughly examined 
and considered. Additionally, the FEIS will be re-evaluated to 
determine if any other information should be updated and revised as 
part of the SEIS process in accordance with FHWA's NEPA regulations at 
23 CFR 771.129.
    In accordance with 23 CFR 771.130(d) and 40 CFR 1502.9(c)(4), 
scoping will not be reinitiated for the project. Letters describing the 
proposed action and soliciting comments will be sent to appropriate 
Federal, State and local agencies, and to private organizations and 
citizens who have previously expressed or are known to have interest in 
this proposal. Public meetings will be held during development of the 
SEIS. In addition, a public hearing will be held. Public notice will be 
given of the time and place of the meetings and hearing. The draft 
supplemental EIS will be available for public and agency review

[[Page 13273]]

and comment prior to the public hearing.
    To ensure that the full range of issues related to this proposed 
action are addressed and all significant issues identified, comments 
and suggestions are invited from all interested parties. Any comments 
that are received during the public comment period that address the 
issues for which the SEIS is being prepared will be considered before 
FHWA renders its decision regarding the existing selected alternative. 
Any comments that are received which address issues which the court has 
already determined have been adequately addressed will be reviewed but 
not considered unless they raise significant new information.
    Comments or questions concerning the development of the SEIS should 
be directed to the FHWA and/or NHDOT at the addresses provided above. 
Preparation of the SEIS does not require the withdrawal of any previous 
approvals or documents.

(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.)

    Issued on: March 3, 2008.
Kathleen O. Laffey,
Division Administrator, Federal Highway Administration, Concord, New 
Hampshire.
[FR Doc. 08-979 Filed 3-11-08; 8:45am]
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