83 FR 9073 - Notice of Final Federal Agency Actions on Proposed Highway in Indiana

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 42 (March 2, 2018)

Page Range		9073-9074
FR Document		2018-04067

This notice announces actions taken by the FHWA and the USFWS that are final pursuant to the statute. The actions relate to the proposed highway project for a 26-mile segment of Interstate 69 (I-69) in the Counties of Morgan, Johnson, and Marion, State of Indiana, and grant licenses, permits, and approvals for the project.

Federal Register, Volume 83 Issue 42 (Friday, March 2, 2018)

[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9073-9074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04067]



[[Page 9073]]

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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), Department of 
Transportation (DOT).

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

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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 highway project for a 26-mile segment of Interstate 69 (I-69) 
in the Counties of Morgan, Johnson, and Marion, 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 
July 30, 2018. 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: Michelle.Allen@dot.gov. 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: Scott_Pruitt@fws.gov. Normal business 
hours for the USFWS Indiana Field Office are: 8 a.m. to 4:30 p.m., est. 
You may also contact Laura Hilden, Director--Environmental Services, 
Indiana Department of Transportation (INDOT), 100 North Senate Avenue, 
Room N642, Indianapolis, IN 46204; telephone: (317) 232-5018; email: 
lhilden@.indot.in.gov. Normal business hours for INDOT are: 8:00 a.m. 
to 4:30 p.m., est.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
approved a Tier 2 Final Environmental Impact Statement (FEIS) for 
Section 6 of the I-69 highway project from Evansville to Indianapolis 
and issued a Record of Decision (ROD) for Section 6 on February 1, 
2018. Section 6 of the I-69 project extends from SR 39 south of 
Martinsville and proceeds north for approximately 26 miles to 
Interstate 465 (I-465) in Indianapolis. As part of the I-69 project, 
improvements to I-465 will also be made from Mann Road to U.S. Route 
31.
    The ROD selected the Refined Preferred Alternative for Section 6, 
as described in the I-69 Evansville to Indianapolis, Indiana, Tier 2 
Final Environmental Impact Statement, Martinsville to Indianapolis, 
Indiana (FEIS). 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 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(1). 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 of Limitation on Claims specifically 
noted that the ultimate alignment of the highway within the corridor 
and the locations and number of interchanges and rest areas would be 
decided in the Tier 2 NEPA proceedings. Those proceedings for Section 6 
of the I-69 project from Evansville to Indianapolis have culminated in 
the February 1, 2018, ROD and this Notice. Interested parties may 
consult the Tier 2, Section 6 ROD and FEIS for details about each of 
the decisions described above and for information on other issues 
decided.
    The Tier 2, Section 6 ROD can be viewed and downloaded from the 
project website at http://www.i69indyevn.org/. People unable to access 
the website may contact FHWA or INDOT at the addresses listed above. 
Decisions in the Section 6, 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].
    Notice is hereby given that, subsequent to the earlier FHWA notices 
cited above, the USFWS has taken three final agency actions within the 
meaning of 23 U.S.C. 139(l)(1) by issuing: (1) Conference Opinion for 
the northern long-eared bat (Myotis septentrionalis) ``Amendment 3 to 
the Revised Programmatic Biological Opinion (dated August 24, 2006, 
previously amended July 24, 2013 and May 25, 2011) for the I-69, 
Evansville to Indianapolis, Indiana highway'' dated April 1, 2015, 
which was adopted as a Biological Opinion on May 4, 2015, upon the 
effective date of the rule listing the northern long-eared bat; (2) an 
individual Biological Opinion, dated October 30, 2017, for the Tier 2, 
Section 6, 26-mile I-69 project in Morgan, Johnson, and Marian 
counties, that concluded that the Section 6 project was not likely to 
jeopardize the continued existence of the Indiana bat (Myotis sodalis) 
or the northern long-eared bat; and, (3) concurrence with the FHWA's 
determination that the I-69 project is not likely to adversely affect 
the rusty patched bumble bee (Bombus affinis).
    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,

[[Page 9074]]

2006, including subsequent amendments, 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. The USFWS affirmed its decisions in 
the Amendment to the Revised Programmatic Biological Opinion issued on 
May 25, 2011. Notices of Limitation on Claims for Judicial Review of 
these actions and decisions by the USFWS, DOI, were published in the 
Federal Register on July 20, 2011, and August 27, 2013. Any claim 
seeking judicial review of the previous Amendments to the Revised 
Programmatic Biological Opinion must have been filed by January 17, 
2012, and January 24, 2014, respectively to avoid being barred under 23 
U.S.C. 139(l).
    On April 15, 2015, USFWS issued ``Amendment 3 To the Tier 1 Revised 
Programmatic Biological Opinion (RPBO dated August 24, 2006, previously 
amended July 24, 2013, and May 25, 2011) for the I-69, Evansville to 
Indianapolis, Indiana highway.'' USFWS issued their Conference Opinion 
on the northern long-eared bat as Amendment 3 to the RPBO due to the 
pending listing of the northern long-eared bat under the ESA. The 
Conference Opinion was adopted as a Biological Opinion on May 4, 2015, 
upon the effective date of the listing of the northern long-eared bat. 
The amendment added an exempted level of incidental take for the 
northern long-eared bat and added terms and conditions associated with 
the northern long-eared bat along with reasonable and prudent measures 
to be implemented to protect this species. Based on analysis of the 
information on the northern long-eared bat, USFWS concluded that while 
potential incidental take of some individuals may result from the 
construction, operation, and maintenance of the I-69 Evansville to 
Indianapolis, Indiana highway, it is not likely to jeopardize the 
continued existence of the northern long-eared bat. USFWS did not 
conduct any new analysis for either the bald eagle or eastern fanshell 
mussel (Cyprogenia stegaria), and the non-jeopardy conclusion regarding 
impacts to the bald eagle still stands as stated in the original Tier 1 
Biological Opinion (dated December 3, 2003). The Amendment 3 to the 
Tier 1 Revised Programmatic Biological Opinion (RPBO dated August 24, 
2006, previously amended July 24, 2013, and May 25, 2011) for the I-69, 
Evansville to Indianapolis, Indiana highway can be found and downloaded 
from the project website at http://wwww.i69indyevn.org.
    For the Tier 2, Section 6, 26-mile I-69 Project in Morgan, Johnson, 
and Marion Counties, an individual Biological Opinion was issued on 
October 30, 2017, which concluded that the Section 6 project was not 
likely to jeopardize the continued existence of the Indiana bat or the 
northern long-eared bat. In addition, the USFWS issued an Incidental 
Take Statement subject to specific terms and conditions. The Biological 
Opinions 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 6 Biological Opinion can be viewed 
in Appendix GG2 in the Section 6 FEIS.
    The USFWS concurrence with the FHWA's determination that the I-69 
project is not likely to adversely affect the rusty patched bumble bee 
(Bombus affinis) was based on the fact that the project is outside of 
the ``high potential'' zones developed in Indiana for the rusty patched 
bumble bee and thus the species is not likely to be present within the 
project area.
(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).

Mayela Sosa,
Division Administrator, Indianapolis, Indiana.
[FR Doc. 2018-04067 Filed 3-1-18; 8:45 am]
BILLING CODE P

Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Notices 9073

DEPARTMENT OF TRANSPORTATION Evansville to Indianapolis and issued a or INDOT at the addresses listed above.
Record of Decision (ROD) for Section 6 Decisions in the Section 6, Tier 2 ROD
Federal Highway Administration on February 1, 2018. Section 6 of the I– that have final approval include, but are
69 project extends from SR 39 south of not limited to, the following:
Notice of Final Federal Agency Actions Martinsville and proceeds north for 1. National Environmental Policy Act
on Proposed Highway in Indiana approximately 26 miles to Interstate 465 (NEPA) [42 U.S.C. 4321–4351]
AGENCY: Federal Highway (I–465) in Indianapolis. As part of the I– 2. Endangered Species Act [16 U.S.C.
Administration (FHWA), Department of 69 project, improvements to I–465 will 1531–1544].
Transportation (DOT). also be made from Mann Road to U.S. 3. Federal-Aid Highway Act [23
Route 31. U.S.C. 109 and 23 U.S.C. 128].
ACTION: Notice of Limitation on Claims
The ROD selected the Refined 4. Clean Air Act, 42 U.S.C. 7401–
for Judicial Review of Actions by FHWA 7671(q).
and United States Fish and Wildlife Preferred Alternative for Section 6, as
described in the I–69 Evansville to 5. Section 4(f) of the Department of
Service (USFWS), Department of Transportation Act of 1966 [49 U.S.C.
Interior (DOI). Indianapolis, Indiana, Tier 2 Final
Environmental Impact Statement, 303].
SUMMARY: This notice announces actions Martinsville to Indianapolis, Indiana 6. Section 106 of the National Historic
taken by the FHWA and the USFWS (FEIS). The ROD also approved the Preservation Act of 1966, as amended
that are final pursuant to the statute. locations of the interchanges, grade [16 U.S.C. 470(f) et seq.].
The actions relate to the proposed separations, and access roads (which 7. Bald and Golden Eagle Protection
highway project for a 26-mile segment include new roads, road relocations, Act [16 U.S.C. 688–688d].
Notice is hereby given that,
of Interstate 69 (I–69) in the Counties of and realignments). The FHWA had
previously issued a Tier 1 FEIS and subsequent to the earlier FHWA notices
Morgan, Johnson, and Marion, State of
cited above, the USFWS has taken three
Indiana, and grant licenses, permits, and ROD for the entire I–69 project from
Evansville to Indianapolis, Indiana. A final agency actions within the meaning
approvals for the project.
Notice of Limitation on Claims for of 23 U.S.C. 139(l)(1) by issuing: (1)
DATES: By this notice, the FHWA is
Judicial Review of Actions by FHWA Conference Opinion for the northern
advising the public that the FHWA and long-eared bat (Myotis septentrionalis)
the USFWS have made decisions that and USFWS, DOI, was published in the
‘‘Amendment 3 to the Revised
are subject to 23 U.S.C. 139(l)(1) and are Federal Register on April 17, 2007. A Programmatic Biological Opinion (dated
final within the meaning of that law. A claim seeking judicial review of the Tier
1 decisions must have been filed by August 24, 2006, previously amended
claim seeking judicial review of those July 24, 2013 and May 25, 2011) for the
Federal agency decisions on the October 15, 2007, to avoid being barred
I–69, Evansville to Indianapolis, Indiana
proposed highway project will be barred under 23 U.S.C. 139(1). Decisions in the highway’’ dated April 1, 2015, which
unless the claim is filed on or before FHWA Tier 1 ROD that were cited in
that Federal Register notice included, was adopted as a Biological Opinion on
July 30, 2018. If the Federal law that May 4, 2015, upon the effective date of
authorizes judicial review of a claim but were not limited to, the following:
1. Purpose and need for the project. the rule listing the northern long-eared
provides a time period of less than 150 bat; (2) an individual Biological
days for filing such claim, then the 2. Range of alternatives for analysis.
3. Selection of the Interstate highway Opinion, dated October 30, 2017, for the
shorter time period applies. Tier 2, Section 6, 26-mile I–69 project in
build alternative and highway corridor
FOR FURTHER INFORMATION CONTACT: For Morgan, Johnson, and Marian counties,
for the project, as Alternative 3C.
the FHWA: Ms. Michelle Allen, Federal 4. Elimination of other alternatives that concluded that the Section 6 project
Highway Administration, Indiana from consideration in Tier 2 NEPA was not likely to jeopardize the
Division, 575 North Pennsylvania proceedings. continued existence of the Indiana bat
Street, Room 254, Indianapolis, IN 5. Process for completing the Tier 2 (Myotis sodalis) or the northern long-
46204–1576; telephone: (317) 226–7344; alternatives analysis and studies for the eared bat; and, (3) concurrence with the
email: Michelle.Allen@dot.gov. The project, including the designation of six FHWA’s determination that the I–69
FHWA Indiana Division Office’s normal Tier 2 sections and a decision to prepare project is not likely to adversely affect
business hours are 7:30 a.m. to 4:00 a separate environmental impact the rusty patched bumble bee (Bombus
p.m., est. For the USFWS: Mr. Scott statement for each Tier 2 section. affinis).
Pruitt, Field Supervisor, Indiana Field The Tier 1 ROD and Notice of Previous actions taken by the USFWS
Office, USFWS, 620 South Walker Limitation on Claims specifically noted for the Tier 1, I–69 project, pursuant to
Street, Bloomington, IN 47403–2121; that the ultimate alignment of the the Endangered Species Act, 16 U.S.C.
telephone: (812) 334–4261; email: Scott_ highway within the corridor and the 1531–1544, included its concurrence
Pruitt@fws.gov. Normal business hours locations and number of interchanges with the FHWA’s determination that the
for the USFWS Indiana Field Office are: and rest areas would be decided in the I–69 project was not likely to adversely
8 a.m. to 4:30 p.m., est. You may also Tier 2 NEPA proceedings. Those affect the eastern fanshell mussel
contact Laura Hilden, Director— proceedings for Section 6 of the I–69 (Cyprogenia stegaria) and that the
Environmental Services, Indiana project from Evansville to Indianapolis project was likely to adversely affect,
Department of Transportation (INDOT), have culminated in the February 1, but not jeopardize, the bald eagle. The
100 North Senate Avenue, Room N642, 2018, ROD and this Notice. Interested USFWS also concluded that the project
Indianapolis, IN 46204; telephone: (317) parties may consult the Tier 2, Section was not likely to jeopardize the
232–5018; email: lhilden@.indot.in.gov. 6 ROD and FEIS for details about each continued existence of the Indiana bat
daltland on DSKBBV9HB2PROD with NOTICES

Normal business hours for INDOT are: of the decisions described above and for and was not likely to adversely modify
8:00 a.m. to 4:30 p.m., est. information on other issues decided. the bat’s designated Critical Habitat.
SUPPLEMENTARY INFORMATION: Notice is The Tier 2, Section 6 ROD can be These USFWS decisions were
hereby given that the FHWA has viewed and downloaded from the described in the Programmatic
approved a Tier 2 Final Environmental project website at http:// Biological Opinion issued on December
Impact Statement (FEIS) for Section 6 of www.i69indyevn.org/. People unable to 3, 2003, the Revised Programmatic
the I–69 highway project from access the website may contact FHWA Biological Opinion issued on August 24,

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Document Created: 2018-03-01 23:56:19
Document Modified: 2018-03-01 23:56:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Limitation on Claims for Judicial Review of Actions by FHWA and United States Fish and Wildlife Service (USFWS), Department of Interior (DOI).
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 July 30, 2018. 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.
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. You may also contact Laura Hilden, Director--Environmental Services, Indiana Department of Transportation (INDOT), 100 North Senate Avenue, Room N642, Indianapolis, IN 46204; telephone: (317) 232-5018; email: [email protected] Normal business hours for INDOT are: 8:00 a.m. to 4:30 p.m., est.
FR Citation		83 FR 9073

83 FR 9073 - Notice of Final Federal Agency Actions on Proposed Highway in Indiana

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 83, Issue 42 (March 2, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration