Federal Highway Administration, 9771-9772 [2013-02715]

Agencies

• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Notices]
[Pages 9771-9772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02715]


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DEPARTMENT OF TRANSPORTATION


Federal Highway Administration

Notice of Final Federal Agency Action on Proposed Transportation 
Project in Illinois and Indiana

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project within the 
Illiana Corridor Study Area, which is generally the area between I-55 
in Illinois on the west, I-65 in Indiana on the east, the areas south 
of US 30 in Will County in Illinois and Lake County in Indiana to the 
northern portion of Kankakee County in Illinois and the southern 
portion of Lake County in Indiana. The Federal actions, taken as a 
result of a tiered environmental review process under the National 
Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and implementing 
regulations on tiering, 40 CFR 1502.20, 40 CFR 1508.28, and 23 CFR Part 
771, determined certain issues relating to the proposed project. The 
Tier One decisions will be used by Federal agencies in subsequent 
proceedings, including decisions whether to grant licenses, permits, 
and approvals for the proposed highway project. Tier One decisions also 
may be relied upon by State and local agencies in proceedings on the 
proposed project.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review 
of the Tier One Federal agency actions of the proposed highway project 
will be barred unless the claim is filed on or before July 11, 2013. 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 that 
shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. J. Michael Bowen, P.E., Acting 
Division Administrator, Federal Highway Administration, 3250 Executive 
Park Drive, Springfield, Illinois 62703, Phone: (217) 492-4600, Email 
address: J.Michael.Bowen@dot.gov. The FHWA Illinois Division Office's 
normal business hours are 7:30 a.m. to 4:15 p.m. (Central Standard 
Time). You may also contact Mr. John Fortmann, P.E., Illinois 
Department of Transportation, Acting Deputy Director of Highways, 
Region One Engineer, 201 West Center Court, Schaumburg, Illinois 60196, 
Phone: (847) 705-4000. The Illinois Department of Transportation Region 
One's normal business hours are 8 a.m. to 4:30 p.m. (Central Standard 
Time). You may also contact Mr. Greg Kicinski, Director, Project 
Management, Indiana Department of Transportation, 100 North Senate 
Avenue IGCN 642, Indianapolis, IN 46204, Phone: (317) 234-1534. The 
Indiana Department of Transportation normal business hours are 8 a.m. 
to 4:00 p.m. (Eastern Standard Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has 
issued a Tier One Final Environmental Impact Statement (FEIS) and 
Record of Decision (ROD) in connection with the proposed highway 
project within the Illiana Corridor of Illinois and Indiana. Decisions 
in the Tier One ROD include, but are not limited to the following:
    a. The purpose and need for the project, including goals to improve 
regional mobility, alleviate local system congestion and improve local 
system mobility, and provide for efficient movement of freight in the 
Illiana Corridor between I-55 on the west and I-65 on the east.
    b. The selection of Corridor B3 that generally starts at I-55 north 
of Wilmington, Illinois, passes south of the proposed South Suburban 
Airport, and connects with I-65 north of Lowell, Indiana. It is 
typically 2,000 feet in width.
    c. The elimination from further consideration and study of Corridor 
A3S2 and Corridor B4.
    d. The evaluation of a range of alternatives within Corridor B3 to 
identify a preferred alignment during the Tier Two NEPA studies. The 
flexibility will exist, however, to consider alternatives outside of 
Corridor B3 if necessary to avoid sensitive environmental resources 
identified as part of the Tier Two environmental field studies, or to 
address context sensitive design issues in a way that does not 
materially increase overall impacts. The issue of whether to consider 
alternatives

[[Page 9772]]

outside the selected corridor will be determined in consultation with 
resource agencies in Tier Two.
    Interested parties may consult the ROD and FEIS for further 
information on each of the decisions described above.
    The Tier One actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the FEIS approved 
January 17, 2013, the ROD approved January 17, 2013, and in other 
documents in the FHWA project records. The scope and purpose of the 
Tier One FEIS are described in Section 1.0 of the FEIS. The FEIS, ROD, 
and other documents in the FHWA project file are available by 
contacting the FHWA or the Illinois or Indiana Departments of 
Transportation at the addresses provided above. The FEIS and ROD also 
are available online at https://illianacorridor.org/.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including, but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351] Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303 and 23 U.S.C. 138].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq].
    6. Water Resources: Safe Drinking Water Act [42 U.S.C. 300(f)-
300(j)(6)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287].
    7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898 Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Research, 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).

    Issued on: January 29, 2013.
J. Michael Bowen,
Acting Division Administrator, Springfield, Illinois.
[FR Doc. 2013-02715 Filed 2-8-13; 8:45 am]
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