Notice of Final Federal Agency Actions on Proposed Highway in Indiana, 8786-8787 [2010-3560]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES 8786 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices SUMMARY: The Federal Railroad Administration (FRA) hereby gives notice that it has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for Emergency Processing under the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. 3501 et seq.). FRA requests that OMB authorize the collection of information identified below on or before March 15, 2010, for 180 days after the date of approval by OMB. A copy of this ICR, with applicable supporting documentation, may be obtained by calling FRA’s Clearance Officers, Mr. Robert Brogan (tel. (202) 493–6292) or Ms. Kimberly Toone (tel. (202) 493–6132). These numbers are not toll-free. A copy of this ICR may also be obtained electronically by contacting Mr. Brogan at Robert.Brogan@dot.gov or by contacting Ms. Toone at Kimberly.Toone@dot.gov. Comments and questions about the ICR identified below should be directed to the Office of Information and Regulatory Affairs (OIRA), Attn: FRA OMB Desk Officer, 725 17th St., NW., Washington, DC 20503. Comments and questions about the ICR identified below may also be transmitted electronically to OIRA at oira_submissions@omb.eop.gov. DATES: Comments should be submitted as soon as possible upon publication of this notice in the Federal Register. Title: Notice of Funding Availability and Solicitation of Applications for the Positive Train Control (PTC) Grant Program. OMB Control Number: 2130–New. Frequency: One-time. Affected Public: 50 Railroads. Form(s): SF–269, SF–270, SF–271. Estimated Total Annual Number of Responses: 250 (Grant Applications and Other Supporting Documents (Paper/ Electronic)). Estimated Total Annual Burden Hours: 13,923 hours. Abstract: The Rail Safety Technology Program is a newly authorized program under the Rail Safety Improvement Act of 2008 (RSIA) (Pub. L. 110–432; October 16, 2008). The program was directed by Congress and passed into law in the aftermath of a series of major rail accidents that culminated in an accident at Chatsworth, California, in 2008. Twenty-five people were killed and 135 people were injured in the Chatsworth accident. This event turned the Nation’s attention to rail safety and the possibility that new technologies, such as PTC, could prevent such accidents in the future. The RSIA ordered installation of PTC by all Class I railroads on any of their mainlines carrying poisonous inhalation hazard VerDate Nov<24>2008 16:34 Feb 24, 2010 Jkt 220001 (PIH) materials and by all passenger and commuter railroads on their main lines not later than December 31, 2015. As part of the RSIA, Congress provided $50 million to FRA to award, in one or more grants, to eligible projects by passenger and freight rail carriers, railroad suppliers, and State and local Governments. Funds will be awarded to projects that have a public benefit of improved railroad safety and efficiency, with priority given to projects that make PTC technologies interoperable between railroad systems; projects that accelerate the deployment of PTC technology on high-risk corridors, such as those that have high volumes of hazardous material shipments; and for projects over which commuter or passenger trains operate, or that benefit both passenger and freight safety and efficiency. Funds provided under this grant program may constitute no more than 80 percent of the total cost of a selected project, with the remaining costs funded from other sources. The funding provided under these grants will be made available to grantees on a reimbursement basis. FRA anticipates awarding grants to multiple eligible participants. FRA may choose to award a grant or grants within the available funds in any amount. Funding made available through grants provided under this program, together with funding from other sources that is committed by a grantee as part of a grant agreement, must be sufficient to complete the funded project and achieve the anticipated technology development. FRA will begin accepting grant applications 10 days after publication of the separate agency notice published in the Federal Register detailing the terms of the PTC Grant Program Funds Availability. Applications may be submitted until the earlier of December 31, 2010, or the date on which all available funds will have been committed under this program. FRA is applying to OMB for Emergency Clearance of this proposed information collection because of the highly complex technology involved. Reviewing railroad applications and awarding this funding as quickly as possible is essential to meeting FRA’s mission and the RSIA PTC implementation deadline of December 15, 2015. FRA cannot reasonably comply with the normal OMB PRA Clearance procedures because of the time needed by FRA to review PTC grant fund applications and resolve technology issues, and because any delay in PTC implementation will cause FRA to miss the congressional statutory deadline. Also, normal OMB PRA PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 Clearance procedures cannot be complied with because any delay of PTC implementation is likely to cause considerable public harm in terms of higher numbers of accidents/incidents and corresponding injuries/fatalities on train lines across the country that did not have the enhanced safety provided by PTC technologies on them as intended by Congress. Upon receiving the requested 6-month Emergency Clearance by OMB, FRA will follow the normal PRA procedures to obtain extended approval for this proposed information collection for the customary 3-year period. Authority: 44 U.S.C. 3501–3520. Issued in Washington, DC on February 22, 2010. Margaret B. Reid, Associate Administrator, Office of Financial Management, Federal Railroad Administration. [FR Doc. 2010–3865 Filed 2–24–10; 8:45 am] BILLING CODE 4910–06–P 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. 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 25.73mile 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, E:\FR\FM\25FEN1.SGM 25FEN1 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices Indianapolis, IN 46204–1576; telephone: (317) 226–7486; e-mail: Janice.Osadczuk@dot.gov. 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: Scott_Pruitt@fws.gov. 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: TSeeman@indot.IN.gov. Normal business hours for the Indiana Department of Transportation are: 8 a.m. to 4:30 p.m., e.t. 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 https:// 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 jlentini on DSKJ8SOYB1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:34 Feb 24, 2010 Jkt 220001 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 https:// 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 PO 00000 Frm 00143 Fmt 4703 Sfmt 9990 8787 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 https://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 E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8786-8787]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: 
Janice.Osadczuk@dot.gov. 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: Scott_Pruitt@fws.gov. 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: TSeeman@indot.IN.gov. 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 https://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 https://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 https://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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