[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66963-66964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26180]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Kirby-Whitten 
Parkway (Shelby Farms Parkway) Project in Tennessee

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 FHWA and other Federal 
agencies that are final. The actions relate to a proposed highway 
project, Kirby-Whitten Parkway (Shelby Farms Parkway), from Walnut 
Grove Road to Macon Road in Memphis, Shelby County, Tennessee. Those 
actions grant licenses, permits, and approvals for the project. The 
FHWA's Record of Decision (ROD) provides details on the Selected 
Alternative for the proposed improvements.

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l). 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. If the Federal law May 4, 2020 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; Program 
Development 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, James K. Polk Building, Suite 
900, 505 Deaderick Street, Nashville, Tennessee 37243-0334; Telephone 
(615) 741-3655, [email protected]. The Tennessee Department of 
Transportation (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 subject to 23 U.S.C. 
139(l) by issuing licenses, permits, and approvals for the following 
highway project in the State of Tennessee: Kirby-Whitten Parkway 
(Shelby Farms Parkway), Project Number STP-M-9409(109), PIN 109182.00, 
Shelby County, Tennessee. The proposed action will extend and construct 
a new 2.5-mile section of the Kirby-Whitten Parkway (Shelby Farms 
Parkway). The Selected Alternative proposes a four- to five-lane 
highway with two travel lanes in each direction. The section from 
Walnut Grove Road to Mullins Station Road will contain a depressed 
median, while the section from Mullins Station Road to Macon Road will 
contain a center turn lane. The project includes a grade-separated 
interchange with Walnut Grove Road, approximately 1,900 feet east of 
the newly constructed Wolf River Bridge and 3,500 feet west of the 
existing signalized intersection of Walnut Grove Road and Farm Road. 
The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Supplemental Final

[[Page 66964]]

Environmental Impact Statement (SFEIS) for the project, approved on 
January 30, 2012, in the FHWA Record of Decision (ROD) issued on 
November 13, 2019, and in other documents in the FHWA project records. 
The SFEIS, ROD, and other documents in the FHWA project records are 
available by contacting FHWA or TDOT at the addresses provided above. 
The FHWA SFEIS and ROD can be viewed and downloaded from the project 
website at: https://www.tn.gov/tdot/projects/region-4/proposed-kirby-parkway.html or viewed at the TDOT Environmental Division, James K. 
Polk Building, Suite 900, 505 Deaderick Street, Nashville, Tennessee 
37243-0334.
    This notice applies to all Federal agency decisions that are final 
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]; the Land and Water Conservation 
Fund Act of 1965 (LWCF), as amended; Public Law 88-578; 16 U.S.C. 4601-
4 et seq.).
    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 [54 U.S.C. 300101 et 
seq.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209].
    7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675].
    8. 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))

    Issued on: November 25, 2019.
Pamela M. Kordenbrock,
Division Administrator, Nashville, Tennessee.
[FR Doc. 2019-26180 Filed 12-5-19; 8:45 am]
 BILLING CODE 4910-RY-P