[Federal Register Volume 88, Number 198 (Monday, October 16, 2023)]
[Notices]
[Pages 71393-71394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22773]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed SR-32 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 within the meaning of the statute. The actions 
relate to a proposed highway project, State Route (SR) 32 (US-321) from 
SR-73 at Cosby to North of Wilton Springs Road in Cocke County, 
Tennessee. Those actions grant licenses, permits, and approvals for the 
project. The FHWA's Finding of No Significant Impact (FONSI) 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)(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 14, 2024. 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. Pamela M. Kordenbrock; 
Division Administrator; Federal Highway Administration; Tennessee 
Division Office; 404 BNA Drive, Building 200, Suite 508; Nashville,

[[Page 71394]]

Tennessee 37217; Telephone (615) 781-5770; email: 
[email protected]. The 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, P.E. 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). For U.S. Army Corps of Engineers (USACE): William E. 
Worrall, P.E., Chief, Technical Services Branch, USACE Nashville 
District, 3701 Bell Road, Nashville, Tennessee 37214; Telephone (615) 
369-7513, [email protected]. The USACE Nashville 
District's normal business hours are 7 a.m. to 3:30 p.m. (Central 
Time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and USACE 
have taken final agency actions by issuing licenses, permits, and 
approvals for the following highway project in the State of Tennessee: 
SR-32 (US-321), Project Number 15005-1234-04, PIN 101422.00, Cocke 
County, Tennessee. The proposed action will improve access to high 
tourism areas within the region, improve the roadway to meet current 
design standards, improve traffic operational efficiency, reduce 
crashes, meet the legislative intent of the Improving Manufacturing, 
Public Roads, and Opportunities for a Vibrant Economy (IMPROVE) Act, 
and enhance economic development opportunities. The Selected 
Alternative (Build Alternative A) will begin on SR-73 just south of 
Stonebrook Drive and continue north on new location west of Stonebrook 
Drive for approximately 1.4 miles before crossing existing SR-32. After 
crossing existing SR-32, the Selected Alternative (Build Alternative A) 
continues north on new location to just north of SR-339 (Jones Cove 
Road), where it then follows the existing SR-32 alignment, except where 
it straightens out several curves, to north of Middle Creek Road where 
it again travels on new location to align with existing SR-32 at the 
SR-32/Wilton Springs Road intersection. The Selected Alternative (Build 
Alternative A) continues through the intersection to connect with the 
existing 4-lane divided section of SR-32 north of the bridge over Cosby 
Creek. The Selected Alternative (Build Alternative A) will result in 
the realignment of the entrance to the Foothills Parkway, which is 
under the jurisdiction of the National Park Service (NPS). Coordination 
with the NPS has been ongoing throughout project development. The NPS 
concurred with FHWA's proposed Section 4(f) de minimis use 
determination related to impacts associated with the Foothills Parkway 
on March 3, 2023.
    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 March 16, 2022, in the FHWA FONSI issued 
on July 13, 2023, 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 website at https://www.tn.gov/tdot/projects/projects-region-1/sr-32-project.html, or 
viewed at the TDOT--Environmental Division, James K. Polk Building, 
Suite 900, 505 Deaderick Street, Nashville, Tennessee 37243-0334, the 
Cocke County Mayor's Office, 360 East Main Street, Newport, Tennessee 
37821, or the TDOT Construction Office, 1046 Cosby Highway, Newport, 
Tennessee 37821
    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)-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).

Daniel Hinton,
Acting Division Administrator, Nashville, Tennessee.
[FR Doc. 2023-22773 Filed 10-13-23; 8:45 am]
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