[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35868-35869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16142]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed SR-109 
(Portland Bypass) Project in Tennessee

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.

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SUMMARY: This notice announces actions taken by 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, State Route (SR) 109 
(Portland Bypass) from SR-109 near SR-76 to SR-109 North of Downtown 
Portland in Sumner County, Tennessee. Those actions grant licenses, 
permits, and approvals for the project.

DATES: By this notice, 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 Federal agency actions on the highway project will be barred 
unless the claim is filed on or before December 29, 2017. 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 FHWA: Ms. Theresa Claxton; 
Planning and Program Management Team Leader; Federal Highway 
Administration; Tennessee Division Office; 404 BNA Drive, Building 200, 
Suite 508; Nashville, Tennessee 37217; Telephone (615) 781-5770; email: 
[email protected]. FHWA Tennessee Division Office's normal 
business hours are 7:30 a.m. to 4 p.m. (Central Time). You may also 
contact Ms. Susannah Kniazewycz, Environmental Division Director, 
Tennessee Department of Transportation (TDOT), James K. Polk Building, 
Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-0334; 
Telephone (615) 741-3655, [email protected]. The TDOT 
Environmental Division's normal business hours are 8 a.m. to 5 p.m. 
(Central Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Tennessee: SR-109 (Portland Bypass), Project Number NH-109(27), PIN 
106634.01, Sumner County, Tennessee. The proposed action will improve 
local, regional, and statewide mobility by improving traffic flow on 
the SR-109 corridor through Portland. The Selected Alternative proposes 
the construction of four 12-foot traffic lanes, 12-foot outside 
shoulders (10-foot paved, 2-foot gravel), and a 48-foot depressed grass 
median, which includes 6-foot inside shoulders (4-foot paved, 2-foot 
gravel), within an approximate 250-foot right-of-way (ROW). The design 
speed of the roadway is 60 miles per hour (mph), with the posted speeds 
potentially being lower. Portions of the corridor include: (1) A 
flyover ramp at the southern terminus of the project to provide 
unimpeded access for southbound traffic on the existing SR-109 merging 
with the Portland Bypass traffic before continuing south on existing 
SR-109; (2) A grade separated, partial folded diamond interchange at 
SR-52; (3) Access via at-grade intersections for several local roads 
intersected by the proposed Portland Bypass route, including: SR-76, 
Jackson Road, Collins Road (west of bypass), College Street, T.G.T. 
Road (west of bypass), and Kenwood Drive (west of bypass); (4) At-Grade 
Access Points with New Connector Roads at Kirby Drive and Woods Road; 
(5) A section of SR-52 will be widened to five lanes from near West 
Market Street westward to west of the proposed SR-52/Portland Bypass 
interchange. This widening is needed to accommodate an increase in 
traffic expected on that section of SR-52 once the Portland Bypass is 
constructed.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Environmental Assessment (EA) 
for the project, approved on September 14, 2015, in the FHWA Finding of 
No Significant Impact (FONSI) issued on July 3, 2017, and in other 
documents in the FHWA project records. The EA, FONSI, and other project 
records are available by contacting the FHWA or TDOT at the addresses 
provided above. The FHWA EA and FONSI can be viewed and downloaded from 
the project Web site at http://www.tn.gov/tdot/topic/sr-109-portland-bypass, or viewed at the TDOT--Environmental Division, James K. Polk 
Building, Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-
0334, the TDOT Region 3 Project Development Office, 6601 Centennial 
Boulevard, Nashville, Tennessee, 37243, or the Portland Public Library, 
301 Portland Boulevard, Portland, Tennessee, 37148.
    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 [23 U.S.C. 138 and 49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; 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. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-

[[Page 35869]]

2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-
4209].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, and Section 319) [33 U.S.C. 1251-1377].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675].
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 13112 Invasive Species; E.O. 12898 Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low Income Populations; E.O. 13175 Consultation and Coordination with 
Indian Tribal Governments; E.O. 11514 Protection and Enhancement of 
Environmental Quality.

(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).

    Issued on: July 25, 2017.
Pamela M. Kordenbrock,
Division Administrator, Nashville, Tennessee.
[FR Doc. 2017-16142 Filed 7-31-17; 8:45 am]
 BILLING CODE 4910-RY-P