Notice of Final Federal Agency Actions on Proposed Highway in Indiana and Kentucky, 55106-55107 [2021-21452]

Download as PDF 55106 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices The actions relate to the proposed I–69 Ohio River Crossing (ORX) project in Evansville, Indiana and Henderson, Kentucky and grant licenses, permits, and approvals for the project. DATES: By this notice, FHWA is advising the public that FHWA and other Federal agencies 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 March 4, 2022. 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; Issued in Washington, DC. email: Michelle.Allen@dot.gov. The Timothy R. Adams, FHWA Indiana Division Office’s normal Acting Executive Director, Office of business hours are 7:30 a.m. to 4:00 Rulemaking. p.m., EST. For the USFWS: Mr. Scott Petition for Exemption Pruitt, Field Supervisor, Indiana Field Office, USFWS, 620 South Walker Docket No.: FAA–2021–0709. Petitioner: Merck & Co., Inc. Street, Bloomington, IN 47403–2121; Section(s) of 14 CFR Affected: telephone: (812) 334–4261; email: Scott_ § 91.211(b)(1)(ii). Pruitt@fws.gov. Normal business hours Description of Relief Sought: Merck for the USFWS Indiana Field Office are: seeks an alternative means of 8 a.m. to 4:30 p.m., EST. For the Indiana compliance for 14 CFR 91.211(b)(1)(ii) Department of Transportation (INDOT), that will permit it to fly above FL 410 you may contact Laura Hilden, without one pilot wearing an oxygen Director—Environmental Services, 100 mask. This request is based on North Senate Avenue, Room N758–ES, additional conditions and limitations as Indianapolis, IN 46204; telephone: (317) well as the design features of the 552–9692; email: lhilden@indot.in.gov. Gulfstream G550/650 aircraft designed Normal business hours for INDOT are: to reduce the likelihood of 8:00 a.m. to 4:30 p.m., EST. For the decompression and provide for an Kentucky Transportation Cabinet automated emergency descent in the (KYTC), you may contact Danny Peake, event of a decompression. Director—Division of Environmental Analysis, 200 Mero Street, Frankfort, KY [FR Doc. 2021–21641 Filed 10–4–21; 8:45 am] 40622; telephone: (502) 564–7250; BILLING CODE 4910–13–P email: Danny.Peake@ky.gov. Normal business hours for KYTC are: 8:00 a.m. DEPARTMENT OF TRANSPORTATION to 4:30 p.m., EST. SUPPLEMENTARY INFORMATION: Notice is Federal Highway Administration hereby given that FHWA has approved Notice of Final Federal Agency Actions the Final Environmental Impact Statement (FEIS) for the I–69 ORX on Proposed Highway in Indiana and project in Evansville, Indiana and Kentucky Henderson, Kentucky and issued a AGENCY: Federal Highway Record of Decision (ROD) on September Administration (FHWA), Department of 16, 2021. The FEIS and ROD identified Central Transportation (DOT). Alternative 1B Modified as the Selected ACTION: Notice of limitation on claims Alternative. Decisions in the FEIS and for judicial review of actions by FHWA ROD that were cited in the Federal and other federal agencies. Register included, but were not limited SUMMARY: This notice announces actions to, the following: taken by the FHWA and the USFWS 1. Purpose and need for the project. 2. Range of alternatives for analysis. that are final pursuant to the statute. lotter on DSK11XQN23PROD with NOTICES1 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Alphonso Pendergrass, alphonso.pendergrass@faa.gov, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 PO 00000 Frm 00191 Fmt 4703 Sfmt 4703 3. Screening of alternatives and the identification of alternatives to be carried forward for more detailed analysis in the Draft Environmental Impact Statement (DEIS). 4. Identification of Central Alternatives 1A and 1B as the Preferred Alternatives in the DEIS and the decision to prepare a combined FEIS and ROD. 5. Development and identification of Central Alternative 1B Modified as the Single Preferred Alternative. 6. Identification of Central Alternative 1B Modified as the Selected Alternative in the combined FEIS and ROD. Interested parties may consult the FEIS and ROD for details about each of the decisions described above and for information on other issues decided. The FEIS and ROD can be viewed and downloaded from the project website at https://i69ohiorivercrossing.com/. People unable to access the website may contact FHWA, INDOT, or KYTC at the addresses listed above. Decisions in the I–69 ORX FEIS and 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]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667d]; Migratory Bird Treaty Act [16 U.S.C. 703–712]; Bald and Golden Eagle Protection Act [16 U.S.C. 688–688d]. 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.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa–470(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 469–469c]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001–3013]. 7. Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601–4604]; Wild and Scenic Rivers Act [16 U.S.C. 1271– 1287]; Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)–300(j)(6)]. 8. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601–9675]; Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901–6992(k)]. 9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)–2000(d)(1)]; Uniform Relocation Assistance and Real Property Acquisition Act [42 U.S.C. 61]. 10. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201–4209]. E:\FR\FM\05OCN1.SGM 05OCN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices 11. Executive Order (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; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. Notice is hereby given that the USFWS has taken the final agency actions within the meaning of 23 U.S.C. 139(l)(1) by issuing the following: 1. A letter dated September 3, 2020, concurring with the effects determinations in the Biological Assessment (BA) and that no further coordination with the USFWS is needed for the species that received a ‘‘may affect, not likely to adversely affect’’ determination and for the northern longeared bat, which received a ‘‘may affect, is likely to adversely affect’’ determination. The adverse effects for the northern long-eared bat will be addressed through Section 4(d) of the Endangered Species Act. 2. A Biological Opinion (BO) dated December 17, 2020, that the I–69 ORX project is not likely to jeopardize the continued existence of the fat pocketbook and sheepnose mussels. 3. A Conference Opinion dated December 17, 2020, that the I–69 ORX project is not likely to jeopardize the continued existence of the longsolid mussel. As part of the BA, the Indiana bat received an effect determination of ‘‘may affect, is likely to adversely affect.’’ The adverse effects for the Indiana bat will be addressed through Kentucky’s latest Statewide Bat Programmatic Agreement. However, additional coordination with the USFWS Indiana Field Office is required during final design to determine the appropriate amount and/or type of conservation to offset the effects of incidental take. The BA and BO 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, KYTC, or USFWS at the addresses provided above. The BA and BO can be viewed in Appendices K–4 and K–5 of the I–69 ORX FEIS. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Jermaine R. Hannon, Division Administrator, FHWA, Indianapolis, Indiana. [FR Doc. 2021–21452 Filed 10–4–21; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), Department of Transportation (DOT) ACTION: Notice of limitation on claims for judicial review of actions by the California Department of Transportation (Caltrans). AGENCY: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, Interstate 10/ Jackson Street Interchange between Monroe Street and 0.4 miles west of Golf Center Parkway at PM R54.9/R56.5 in the City of Indio, in Riverside County, State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before March 4, 2022. 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: For Caltrans: Renetta Cloud, Chief, Environmental Studies ‘‘A’’, Caltrans District 8, 464 W 4th Street, 6th Floor, MS–823, San Bernardino, CA 92401– 1400, Office Hours: 9:00 a.m. to 4:00 p.m., Office Phone: (909) 383–6323, Email: Renetta.Cloud@dot.ca.gov. For FHWA, contact David Tedrick at (916) 498–5024 or email David.tedrick@ dot.gov. SUMMARY: Effective July 1, 2007, FHWA assigned, and Caltrans assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that the Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by SUPPLEMENTARY INFORMATION: PO 00000 Frm 00192 Fmt 4703 Sfmt 4703 55107 issuing licenses, permits, and approvals for the following highway project in the State of California: Caltrans proposes to reconstruct and widen Jackson Street at Interstate 10 (I–10) to improve the operational performance of the existing I–10/Jackson Street Interchange within the city limits. The I–10/Jackson Street interchange is located on I–10 between Monroe Street and Gold Center Parkway. The project limits extend from approximately Post Mile (PM) R54.9 to PM R56.6 along I–10 and from Kenner Avenue (south of I–10) to Atlantic Avenue (north of I–10) along Jackson Street. The project site is centrally located within the City of Indio at the crossroads of I–10 and Jackson Street in Riverside County, California. The current I–10/Jackson interchange configuration is a diamond interchange, with signal control at the ramp termini. The interchange is a major access point for existing residential and retail sites. The project proposes to reconstruct and widen Jackson Street at I–10 from one to two lanes in the southbound direction, to construct two new access ramps to the CV Link recreational facility, and to realign and widen the existing I–10 eastbound (EB) and I–10 westbound (WB) on- and off-ramps. The project would also include the construction of a WB auxiliary lane preceding the Jackson Street WB offramp, the installation of planned ramp meters on the I–10 EB and WB onramps, and construction of the Whitewater River Bridge Structure to accommodate two through lanes, a shoulder, and a sidewalk in each direction. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (EA)/ Finding of No Significant Impact (FONSI) for the project, approved on August 27, 2021, and in other documents in the FHWA project records. The EA/FONSI, and other project records are available by contacting Caltrans at the address provided above. 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. Council on Environmental Quality regulations; 2. National Environmental Policy Act (NEPA); 3. Moving Ahead for Progress in the 21st Century Act (MAP–21); 4. Americans with Disabilities Act; 5. Department of Transportation Act of 1966; 6. Federal Aid Highway Act of 1970; E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55106-55107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21452]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
Indiana and Kentucky

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

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

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

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 I-69 Ohio River Crossing (ORX) project in Evansville, Indiana 
and Henderson, Kentucky and grant licenses, permits, and approvals for 
the project.

DATES: By this notice, FHWA is advising the public that FHWA and other 
Federal agencies 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 
March 4, 2022. 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: [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. 
For the Indiana Department of Transportation (INDOT), you may contact 
Laura Hilden, Director--Environmental Services, 100 North Senate 
Avenue, Room N758-ES, Indianapolis, IN 46204; telephone: (317) 552-
9692; email: [email protected]. Normal business hours for INDOT are: 
8:00 a.m. to 4:30 p.m., EST. For the Kentucky Transportation Cabinet 
(KYTC), you may contact Danny Peake, Director--Division of 
Environmental Analysis, 200 Mero Street, Frankfort, KY 40622; 
telephone: (502) 564-7250; email: [email protected]. Normal business 
hours for KYTC are: 8:00 a.m. to 4:30 p.m., EST.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has 
approved the Final Environmental Impact Statement (FEIS) for the I-69 
ORX project in Evansville, Indiana and Henderson, Kentucky and issued a 
Record of Decision (ROD) on September 16, 2021.
    The FEIS and ROD identified Central Alternative 1B Modified as the 
Selected Alternative. Decisions in the FEIS and ROD that were cited in 
the Federal Register included, but were not limited to, the following:
    1. Purpose and need for the project.
    2. Range of alternatives for analysis.
    3. Screening of alternatives and the identification of alternatives 
to be carried forward for more detailed analysis in the Draft 
Environmental Impact Statement (DEIS).
    4. Identification of Central Alternatives 1A and 1B as the 
Preferred Alternatives in the DEIS and the decision to prepare a 
combined FEIS and ROD.
    5. Development and identification of Central Alternative 1B 
Modified as the Single Preferred Alternative.
    6. Identification of Central Alternative 1B Modified as the 
Selected Alternative in the combined FEIS and ROD.
    Interested parties may consult the FEIS and ROD for details about 
each of the decisions described above and for information on other 
issues decided. The FEIS and ROD can be viewed and downloaded from the 
project website at https://i69ohiorivercrossing.com/. People unable to 
access the website may contact FHWA, INDOT, or KYTC at the addresses 
listed above. Decisions in the I-69 ORX FEIS and 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]; Fish and Wildlife 
Coordination Act [16 U.S.C. 661-667d]; Migratory Bird Treaty Act [16 
U.S.C. 703-712]; Bald and Golden Eagle Protection Act [16 U.S.C. 688-
688d].
    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.]; Archeological Resources 
Protection Act of 1977 [16 U.S.C. 470(aa-470(ll)]; Archeological and 
Historic Preservation Act [16 U.S.C. 469-469c]; Native American Grave 
Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
    7. Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Safe Drinking Water 
Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)].
    8. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Resource Conservation and 
Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
    9. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Uniform 
Relocation Assistance and Real Property Acquisition Act [42 U.S.C. 61].
    10. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].

[[Page 55107]]

    11. Executive Order (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; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species.
    Notice is hereby given that the USFWS has taken the final agency 
actions within the meaning of 23 U.S.C. 139(l)(1) by issuing the 
following:
    1. A letter dated September 3, 2020, concurring with the effects 
determinations in the Biological Assessment (BA) and that no further 
coordination with the USFWS is needed for the species that received a 
``may affect, not likely to adversely affect'' determination and for 
the northern long-eared bat, which received a ``may affect, is likely 
to adversely affect'' determination. The adverse effects for the 
northern long-eared bat will be addressed through Section 4(d) of the 
Endangered Species Act.
    2. A Biological Opinion (BO) dated December 17, 2020, that the I-69 
ORX project is not likely to jeopardize the continued existence of the 
fat pocketbook and sheepnose mussels.
    3. A Conference Opinion dated December 17, 2020, that the I-69 ORX 
project is not likely to jeopardize the continued existence of the 
longsolid mussel.
    As part of the BA, the Indiana bat received an effect determination 
of ``may affect, is likely to adversely affect.'' The adverse effects 
for the Indiana bat will be addressed through Kentucky's latest 
Statewide Bat Programmatic Agreement. However, additional coordination 
with the USFWS Indiana Field Office is required during final design to 
determine the appropriate amount and/or type of conservation to offset 
the effects of incidental take.
    The BA and BO 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, KYTC, or USFWS at 
the addresses provided above. The BA and BO can be viewed in Appendices 
K-4 and K-5 of the I-69 ORX FEIS.

    (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).

Jermaine R. Hannon,
Division Administrator, FHWA, Indianapolis, Indiana.
[FR Doc. 2021-21452 Filed 10-4-21; 8:45 am]
BILLING CODE 4910-22-P