Notice of Final Federal Agency Actions on Proposed Highway in Indiana, 43372-43374 [2011-18241]
Download as PDF
<![CDATA[
43372
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices
AMENDMENTS TO PFC APPROVALS—Continued
Amendment
approved
date
Amendment No. city, state
11–16–U–03–MRY, Monterey, CA ..................................................
06/24/11
Original
approved net
PFC revenue
Amended
approved net
PFC revenue
NA
NA
Original
estimated
charge exp.
date
Amended
estimated
charge exp.
date
12/01/11
12/01/11.
Notes: The amendment denoted by an asterisk (*) include a change to the PFC level charged from $2.00 per enplaned passenger to $4.00
per enplaned passenger. For Orlando, FL, this change is effective on September 1, 2011.
sroberts on DSK5SPTVN1PROD with NOTICES
Issued in Washington, DC, on July 7, 2011.
Joe Hebert,
Manager, Financial Analysis and Passenger
Facility Charge Branch.
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
[FR Doc. 2011–17968 Filed 7–19–11; 8:45 am]
Street, Bloomington, IN 47403–2121;
BILLING CODE 4910–13–M
telephone: 812–334–4261; e-mail:
Scott_Pruitt@fws.gov. Normal business
DEPARTMENT OF TRANSPORTATION hours for the USFWS Bloomington Field
Office are: 8 a.m. to 4:30 p.m., e.t. For
Federal Highway Administration
the USACE: Mr. Greg Mckay, Chief,
North Section Regulatory Branch,
Notice of Final Federal Agency Actions Louisville District, United States Army
on Proposed Highway in Indiana
Corps of Engineers, P.O. Box 59,
Louisville, KY 40201–0059; telephone:
AGENCY: Federal Highway
(502) 315–6685; e-mail:
Administration (FHWA), DOT.
gregory.a.mckay@usace.army.mil.
ACTION: Notice of Limitation on Claims
Normal business hours are 8 a.m. to
for Judicial Review of Actions by
FHWA, United States Fish and Wildlife 5 p.m., e.t. You may also contact Mr.
Thomas Seeman, Project Manager,
Service (USFWS), DOI, and United
Indiana Department of Transportation
States Army Corps of Engineers
(INDOT), 100 North Senate Avenue,
(USACE), DoD.
Indianapolis, IN 46204; telephone: (317)
SUMMARY: This notice announces actions 232–5336; e-mail:
taken by the FHWA and the USACE that TSeeman@indot.IN.gov. Normal
are final within the meaning of 23
business hours for the Indiana
U.S.C. 139(l)(1). The actions relate to
Department of Transportation are: 8 a.m.
proposed highway projects, including
to 4:30 p.m., e.t.
I–69 from Evansville to Indianapolis in
SUPPLEMENTARY INFORMATION: Notice is
the Counties of Vanderburgh, Warrick,
hereby given that the FHWA and other
Gibson, Pike, Daviess, Greene, Monroe,
Federal agencies have taken final agency
Morgan, Johnson and Marion, State of
actions by issuing licenses, permits, and
Indiana, and a 13.1 mile segment of
approvals for the highway projects in
I–69 in the Counties of Warrick and
the State of Indiana that are listed
Gibson, State of Indiana. These actions
below. The actions by the Federal
grant or amend licenses, permits, and
agencies on a project, and the laws
approvals for the projects.
under which such actions were taken,
DATES: By this notice, the FHWA is
are described in the Record of Decision
advising the public of final agency
(ROD), Section 404 Discharge of
actions subject to 23 U.S.C. 139(l)(1) and Dredged or Fill Material Permit and
are final within the meaning of that law. Regional General Permit letters, the
A claim seeking judicial review of those Revised Programmatic Biological
Federal agency actions that are covered
Opinion and Incidental Take Statement,
by this notice will be barred unless the
and in other documents in the FHWA
claim is filed on or before January 17,
administrative record for the project.
2012. If the Federal law that authorizes
The ROD and other documents from the
judicial review of a claim provides a
FHWA administrative record files for
time period of less than 180 days for
the listed projects are available by
filing such claim, then the shorter time
contacting the FHWA or the Indiana
period applies.
Department of Transportation (INDOT)
at the addresses provided above. Project
FOR FURTHER INFORMATION CONTACT: For
the FHWA: Ms. Michelle Allen, Federal information may also be available
through the INDOT I–69 Project Web
Highway Administration, Indiana
site at https://www.i69indyevn.org/.
Division, 575 North Pennsylvania
People unable to access the Web site
Street, Room 254, Indianapolis, IN
46204–1576; telephone: (317) 226–7344; may contact FHWA or INDOT at the
addresses listed above. This notice
e-mail: Michelle.Allen@dot.gov. The
VerDate Mar<15>2010
18:29 Jul 19, 2011
Jkt 223001
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
applies to all Federal agency decisions
on the listed project 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.
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]. 8.
Clean Water Act, 33 U.S.C. 1251–1377
(Section 404, Section 402, Section 401,
Section 319).
The projects subject to this notice are:
1. Project: The I–69 highway project
from Evansville to Indianapolis.
Location: I–64 just north of Evansville to
I–465 in Indianapolis west of the I–465/
SR 37 interchange, in the Counties of
Vanderburgh, Warrick, Gibson, Pike,
Daviess, Greene, Monroe, Morgan,
Johnson and Marion, State of Indiana.
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 (at 72 FR 19228–02). 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). Notice is hereby
given that, subsequent to the earlier
FHWA notice, the USFWS has taken
final agency actions within the meaning
of 23 U.S.C. 139(l)(1) by issuing an
‘‘Amendment to the Tier 1 Revised
Programmatic Biological Opinion (dated
August 24, 2006) for the I–69, Evansville
to Indianapolis, Indiana Highway’’. The
actions by the USFWS, related final
actions by other Federal agencies, and
the laws under which such actions were
taken, are described in the USFWS
‘‘Amendment to Tier 1 Revised
Programmatic Biological Opinion for the
I–69, Evansville to Indianapolis, Indiana
E:\FR\FM\20JYN1.SGM
20JYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices
Highway’’ and related records. That
information is available by contacting
the USFWS at the address provided
above.
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. 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).
On May 31, 2011, USFWS issued the
Amendment to the Tier 1 Revised
Programmatic Biological Opinion
(RPBO) and Incidental Take Statement
(ITS). USFWS decided to issue the
Amendment to the RPBO primarily
based on the discovery of the disease
White Nose Syndrome in the State of
Indiana, including the action area
(which is within the Indiana bat
Midwest Recovery Unit). Additionally,
one new Indiana bat maternity colony
was discovered within the right-of-way
of Section 4 of the I–69 Project (which
begins just east of the intersection of
U.S. 231 and SR45/SR58 in Greene
County, Indiana and terminates at SR 37
near Victor Pike in Monroe County,
Indiana), and other new information
revealed minor forest impacts within
critical habitat for the Indiana bat
(specifically, the Ray’s Cave Winter Use
Area). In light of this new information,
USFWS chose to reevaluate impacts to
the Indiana bat and to update the 2006
Tier 1 RPBO and ITS. The Amendment
to the Tier 1 RPBO contains new
analysis and comment for each of the
sections of the 2006 Tier 1 RPBO
affected by the new information, and
USFWS affirmed that all other sections
of the Tier 1 RPBO remain valid. Based
on analysis of the new information,
USFWS concluded that overall the
amount of project impacts decreased
VerDate Mar<15>2010
18:29 Jul 19, 2011
Jkt 223001
since completion of the Tier 1 analysis
and that no additional impacts to the
habitat of the Indiana bat are
anticipated. USFWS further concluded
that appreciable reductions in the
likelihood of survival and recovery of
the Indiana bat due to the construction,
operation and maintenance of the I–69
Evansville to Indianapolis project are
unlikely to occur, and therefore FHWA
demonstrated that the proposed action
is unlikely to jeopardize the continued
existence of the Indiana bat or its
designated critical habitat. USFWS did
not conduct any new analysis for either
the bald eagle or the 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).
2. Project: Section 1 of the I–69
highway project from Evansville to
Indianapolis. Location: I–64 just north
of Evansville to just north of SR 64 west
of Oakland City. Section 1 of the I–69
project extends from the I–64/I–164/SR
57 interchange north of Evansville to
approximately one-half mile north of SR
64 near Oakland City, Indiana. Section
1 is a new alignment, fully accesscontrolled highway that has an
approximately 350-foot-wide right-ofway. The ROD selected Alternative 4 for
section 1, as described in the I–69
Evansville to Indianapolis, Indiana, Tier
2 Final Environmental Impact
Statement, Evansville to Oakland City
(FEIS). The ROD also approved the
locations of the interchanges, grade
separations, and access roads (which
include new roads, road relocations,
and realignments). On February 1, 2008,
the FHWA published a ‘‘Notice of Final
Federal Agency Actions on Proposed
Highway in Indiana’’ in the Federal
Register (at 73 FR 6241–01) for the
Section 1, 13.1 mile segment of I–69 in
the Counties of Warrick and Gibson,
State of Indiana. Notice is hereby given
that, subsequent to the earlier FHWA
notice, the USACE has taken final
agency actions within the meaning of 23
U.S.C. 139(l)(1) by issuing permits and
approvals for the highway project. The
actions by the USACE, related final
actions by other Federal agencies, and
the laws under which such actions were
taken, are described in the USACE
decisions and its project records,
referenced as Department of the Army
(DA) Permit, Number LRL–2007–1043.
That information is available by
contacting the USACE at the address
provided above.
On June 7, 2010, INDOT filed an
individual permit application with the
USACE for authorization under Section
404 of the Clean Water Act, 33 U.S.C.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
43373
1344, to construct crossings and
relocations of four (4) unnamed
tributaries to Smith Creek on Section 1
of the I–69 project. On June 15, 2011,
the USACE took final action in issuing
the Department of the Army (DA)
Individual Permit for the construction of
crossing and relocation of four (4)
unnamed tributaries to Smith Creek for
Section 1 I–69 project, Number LRL–
2007–1043, as described in the USACE
decision and its administrative record
for the project. As part of the Section 1
project, which begins at I–64 just north
of Evansville and extends to just north
of SR 64 west of Oakland City, there is
one (1) crossing of water resources
requiring an individual permit from the
USACE. Subject to the permit
conditions, INDOT is permitted to
discharge 1,149 cubic yards of fill
material below the Ordinary Highway
Water Mark of 1,780 linear feet of
stream channels (the four unnamed
tributaries to Smith Creek). In addition,
in a letter dated January 25, 2010, the
USACE has authorized impacts at 52
other sites under their jurisdiction
within Section 1 of the I–69 project in
Warrick and Gibson Counties via the
Regional General Permit No. 1 (LRL–
2007–1043–djd) issued jointly by the
Louisville, Detroit and Chicago Districts
on December 15, 2009. In the letter
dated January 25, 2010 from Ms.
Deborah Duda Snyder of the
Indianapolis Regulatory Office of the
USACE to Ms. Laura Hilden of INDOT,
the USACE verified that 52 individual
stream and wetland impacts are
authorized under the Regional General
Permit No. 1, subject to special permit
conditions requiring compensatory
wetland and stream mitigation in
accordance with the approved ‘‘I–69
Section 1 Compensatory Mitigation
Plan’’ (dated October 16, 2007; revised
February 8, 2008).
The actions by the Federal agencies
on the project, and the laws under
which such actions were taken, are
described in the Amendment to the Tier
1 Revised Programmatic Biological
Opinion and Incidental Take Statement,
the Department of the Army (DA)
Individual Permit (LRL–2007–1043) and
Regional General Permit letter (LRL–
2007–1043–djd), and in other
documents in the FHWA administrative
record for the project. The ROD and
other documents from the FHWA
administrative record files for Tier 1 of
the I–69 project and for the I–69 Tier 2
Section 1project are available by
contacting FHWA, USACE, USFWS or
INDOT at the addresses provided above.
Project information may also be
available through the INDOT I–69
E:\FR\FM\20JYN1.SGM
20JYN1
43374
Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Notices
Project Web site at https://
www.i69indyevn.org/.
(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. 2011–18241 Filed 7–19–11; 8:45 am]
BILLING CODE
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 55 (Sub-No. 707X)]
sroberts on DSK5SPTVN1PROD with NOTICES
CSX Transportation, Inc.;
Abandonment Exemption; in Hardin
County, OH
CSX Transportation, Inc. (CSXT), filed
a verified notice of exemption under 49
CFR pt. 1152 subpart F—Exempt
Abandonments to abandon an
approximately 0.21-mile rail line on its
Northern Region, Toledo Branch
Subdivision, between milepost QTA
24.95 near Fontaine Street and milepost
QTA 25.16 near the intersection of
Fontaine Street and Champion Court, in
Kenton, Hardin County, Ohio. The line
traverses United States Postal Service
Zip Code 43326.
CSXT has certified that: (1) No local
traffic has moved over the line for at
least 2 years; (2) there is no overhead
traffic on the line; (3) no formal
complaint filed by a user of rail service
on the line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
VerDate Mar<15>2010
18:29 Jul 19, 2011
Jkt 223001
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on August
19, 2011, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by August 1,
2011. Petitions to reopen or requests for
public use conditions under 49 CFR
1152.28 must be filed by August 9,
2011, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to CSXT’s
representative: Louis E. Gitomer, 600
Baltimore Ave., Suite 301, Towson, MD
21204.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
CSXT has filed a combined
environmental and historic report
which addresses the effects, if any, of
the abandonment on the environment
and historic resources. OEA will issue
an environmental assessment (EA) by
August 25, 2011. Interested persons may
obtain a copy of the EA by writing to
OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA at (202)
245–0305. Assistance for the hearing
impaired is available through the
Federal Information Relay Service at
1–800–877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), CSXT shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the line. If
consummation has not been effected by
CSXT’s filing of a notice of
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
consummation by July 20, 2012, and
there are no legal or regulatory barriers
to consummation, the authority to
abandon will automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: July 14, 2011.
By the Board,
Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–18162 Filed 7–19–11; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
Proposed Collection; Comment
Request
Department of the Treasury.
Notice and request for comment.
AGENCY:
ACTION:
The Department of the
Treasury, on behalf of itself and the
Bureau of Consumer Financial
Protection (CFPB), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13.
Currently, the Department of the
Treasury is soliciting comments
concerning a proposed generic
information collection for development
and evaluation of integrated mortgage
loan disclosures required by the DoddFrank Wall Street Reform and Consumer
Protection Act, Public Law 111–203.
DATES: Written comments are
encouraged and must be received on or
before September 19, 2011 to be assured
of consideration.
ADDRESSES: Direct all written comments
to Pamela Blumenthal, Consumer
Financial Protection Bureau, 1801 L
Street, NW., Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Pamela
Blumenthal, Consumer Financial
Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036; (202) 435–7167
or by e-mail at
pamela.blumenthal@treasury.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Title: Generic Clearance for
Development and Qualitative
Evaluation of Integrated Mortgage Loan
Disclosure Forms.
OMB Number: 1505–XXXX.
E:\FR\FM\20JYN1.SGM
20JYN1
]]>Agencies
[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Notices]
[Pages 43372-43374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18241]
-----------------------------------------------------------------------
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, United States Fish and Wildlife Service (USFWS), DOI, and
United States Army Corps of Engineers (USACE), DoD.
-----------------------------------------------------------------------
SUMMARY: This notice announces actions taken by the FHWA and the USACE
that are final within the meaning of 23 U.S.C. 139(l)(1). The actions
relate to proposed highway projects, including I-69 from Evansville to
Indianapolis in the Counties of Vanderburgh, Warrick, Gibson, Pike,
Daviess, Greene, Monroe, Morgan, Johnson and Marion, State of Indiana,
and a 13.1 mile segment of I-69 in the Counties of Warrick and Gibson,
State of Indiana. These actions grant or amend licenses, permits, and
approvals for the projects.
DATES: By this notice, the FHWA is advising the public of final agency
actions 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
actions that are covered by this notice will be barred unless the claim
is filed on or before January 17, 2012. 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. Michelle Allen,
Federal Highway Administration, Indiana Division, 575 North
Pennsylvania Street, Room 254, Indianapolis, IN 46204-1576; telephone:
(317) 226-7344; e-mail: Michelle.Allen@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. For the USACE: Mr. Greg Mckay, Chief, North Section Regulatory
Branch, Louisville District, United States Army Corps of Engineers,
P.O. Box 59, Louisville, KY 40201-0059; telephone: (502) 315-6685; e-
mail: gregory.a.mckay@usace.army.mil. Normal business hours are 8 a.m.
to 5 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 and
other Federal agencies have taken final agency actions by issuing
licenses, permits, and approvals for the highway projects in the State
of Indiana that are listed below. The actions by the Federal agencies
on a project, and the laws under which such actions were taken, are
described in the Record of Decision (ROD), Section 404 Discharge of
Dredged or Fill Material Permit and Regional General Permit letters,
the Revised Programmatic Biological Opinion and Incidental Take
Statement, and in other documents in the FHWA administrative record for
the project. The ROD and other documents from the FHWA administrative
record files for the listed projects are available by contacting the
FHWA or the Indiana Department of Transportation (INDOT) at the
addresses provided above. Project information may also be available
through the INDOT I-69 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. This notice applies to all Federal agency
decisions on the listed project 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.
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]. 8. Clean Water Act, 33 U.S.C. 1251-1377 (Section 404,
Section 402, Section 401, Section 319).
The projects subject to this notice are:
1. Project: The I-69 highway project from Evansville to
Indianapolis. Location: I-64 just north of Evansville to I-465 in
Indianapolis west of the I-465/SR 37 interchange, in the Counties of
Vanderburgh, Warrick, Gibson, Pike, Daviess, Greene, Monroe, Morgan,
Johnson and Marion, State of Indiana. 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
(at 72 FR 19228-02). 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). Notice is hereby given that, subsequent
to the earlier FHWA notice, the USFWS has taken final agency actions
within the meaning of 23 U.S.C. 139(l)(1) by issuing an ``Amendment to
the Tier 1 Revised Programmatic Biological Opinion (dated August 24,
2006) for the I-69, Evansville to Indianapolis, Indiana Highway''. The
actions by the USFWS, related final actions by other Federal agencies,
and the laws under which such actions were taken, are described in the
USFWS ``Amendment to Tier 1 Revised Programmatic Biological Opinion for
the I-69, Evansville to Indianapolis, Indiana
[[Page 43373]]
Highway'' and related records. That information is available by
contacting the USFWS at the address provided above.
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. 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).
On May 31, 2011, USFWS issued the Amendment to the Tier 1 Revised
Programmatic Biological Opinion (RPBO) and Incidental Take Statement
(ITS). USFWS decided to issue the Amendment to the RPBO primarily based
on the discovery of the disease White Nose Syndrome in the State of
Indiana, including the action area (which is within the Indiana bat
Midwest Recovery Unit). Additionally, one new Indiana bat maternity
colony was discovered within the right-of-way of Section 4 of the I-69
Project (which begins just east of the intersection of U.S. 231 and
SR45/SR58 in Greene County, Indiana and terminates at SR 37 near Victor
Pike in Monroe County, Indiana), and other new information revealed
minor forest impacts within critical habitat for the Indiana bat
(specifically, the Ray's Cave Winter Use Area). In light of this new
information, USFWS chose to reevaluate impacts to the Indiana bat and
to update the 2006 Tier 1 RPBO and ITS. The Amendment to the Tier 1
RPBO contains new analysis and comment for each of the sections of the
2006 Tier 1 RPBO affected by the new information, and USFWS affirmed
that all other sections of the Tier 1 RPBO remain valid. Based on
analysis of the new information, USFWS concluded that overall the
amount of project impacts decreased since completion of the Tier 1
analysis and that no additional impacts to the habitat of the Indiana
bat are anticipated. USFWS further concluded that appreciable
reductions in the likelihood of survival and recovery of the Indiana
bat due to the construction, operation and maintenance of the I-69
Evansville to Indianapolis project are unlikely to occur, and therefore
FHWA demonstrated that the proposed action is unlikely to jeopardize
the continued existence of the Indiana bat or its designated critical
habitat. USFWS did not conduct any new analysis for either the bald
eagle or the 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).
2. Project: Section 1 of the I-69 highway project from Evansville
to Indianapolis. Location: I-64 just north of Evansville to just north
of SR 64 west of Oakland City. Section 1 of the I-69 project extends
from the I-64/I-164/SR 57 interchange north of Evansville to
approximately one-half mile north of SR 64 near Oakland City, Indiana.
Section 1 is a new alignment, fully access-controlled highway that has
an approximately 350-foot-wide right-of-way. The ROD selected
Alternative 4 for section 1, as described in the I-69 Evansville to
Indianapolis, Indiana, Tier 2 Final Environmental Impact Statement,
Evansville to Oakland City (FEIS). The ROD also approved the locations
of the interchanges, grade separations, and access roads (which include
new roads, road relocations, and realignments). On February 1, 2008,
the FHWA published a ``Notice of Final Federal Agency Actions on
Proposed Highway in Indiana'' in the Federal Register (at 73 FR 6241-
01) for the Section 1, 13.1 mile segment of I-69 in the Counties of
Warrick and Gibson, State of Indiana. Notice is hereby given that,
subsequent to the earlier FHWA notice, the USACE has taken final agency
actions within the meaning of 23 U.S.C. 139(l)(1) by issuing permits
and approvals for the highway project. The actions by the USACE,
related final actions by other Federal agencies, and the laws under
which such actions were taken, are described in the USACE decisions and
its project records, referenced as Department of the Army (DA) Permit,
Number LRL-2007-1043. That information is available by contacting the
USACE at the address provided above.
On June 7, 2010, INDOT filed an individual permit application with
the USACE for authorization under Section 404 of the Clean Water Act,
33 U.S.C. 1344, to construct crossings and relocations of four (4)
unnamed tributaries to Smith Creek on Section 1 of the I-69 project. On
June 15, 2011, the USACE took final action in issuing the Department of
the Army (DA) Individual Permit for the construction of crossing and
relocation of four (4) unnamed tributaries to Smith Creek for Section 1
I-69 project, Number LRL-2007-1043, as described in the USACE decision
and its administrative record for the project. As part of the Section 1
project, which begins at I-64 just north of Evansville and extends to
just north of SR 64 west of Oakland City, there is one (1) crossing of
water resources requiring an individual permit from the USACE. Subject
to the permit conditions, INDOT is permitted to discharge 1,149 cubic
yards of fill material below the Ordinary Highway Water Mark of 1,780
linear feet of stream channels (the four unnamed tributaries to Smith
Creek). In addition, in a letter dated January 25, 2010, the USACE has
authorized impacts at 52 other sites under their jurisdiction within
Section 1 of the I-69 project in Warrick and Gibson Counties via the
Regional General Permit No. 1 (LRL-2007-1043-djd) issued jointly by the
Louisville, Detroit and Chicago Districts on December 15, 2009. In the
letter dated January 25, 2010 from Ms. Deborah Duda Snyder of the
Indianapolis Regulatory Office of the USACE to Ms. Laura Hilden of
INDOT, the USACE verified that 52 individual stream and wetland impacts
are authorized under the Regional General Permit No. 1, subject to
special permit conditions requiring compensatory wetland and stream
mitigation in accordance with the approved ``I-69 Section 1
Compensatory Mitigation Plan'' (dated October 16, 2007; revised
February 8, 2008).
The actions by the Federal agencies on the project, and the laws
under which such actions were taken, are described in the Amendment to
the Tier 1 Revised Programmatic Biological Opinion and Incidental Take
Statement, the Department of the Army (DA) Individual Permit (LRL-2007-
1043) and Regional General Permit letter (LRL-2007-1043-djd), and in
other documents in the FHWA administrative record for the project. The
ROD and other documents from the FHWA administrative record files for
Tier 1 of the I-69 project and for the I-69 Tier 2 Section 1project are
available by contacting FHWA, USACE, USFWS or INDOT at the addresses
provided above. Project information may also be available through the
INDOT I-69
[[Page 43374]]
Project Web site at https://www.i69indyevn.org/.
(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. 2011-18241 Filed 7-19-11; 8:45 am]
BILLING CODE
