[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65479-65480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17787]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on a Proposed 
Transportation Project in Kentucky

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 the Mountain Parkway 
Expansion in Magoffin and Floyd counties (Project) proposed by the 
Kentucky Transportation Cabinet. The Project consists of 14 miles of 
the Mountain Parkway (KY-114) realignment from the east side of 
Salyersville in Magoffin County to west side of Prestonsburg in the 
Floyd County, State of Kentucky. The actions grant licenses, permits, 
or approvals for the Project. The Supplemental Environmental Assessment 
(SEA), and Revised Finding of No Significant Impact (R-FONSI) under the 
National Environmental Policy Act (NEPA), and other documents in the 
Project file provide details on the Project and FHWA's actions.

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 January 6, 2025. 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: Shundreka R. Givan, Division 
Administrator, Federal Highway Administration, John C. Watts Federal 
Building, 300 West Broadway, Frankfort, Kentucky 40601, Office Hours: 
8:00 a.m. to 4:30 p.m., Telephone: (502) 223-6721, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
Federal agencies have taken final agency action(s) subject to 23 U.S.C. 
139(l)(1) by issuing licenses, permits, and approvals for the following 
highway project in the State of Kentucky: The Mountain Parkway 
Expansion in Magoffin and Floyd counties (Project). The project 
realigns (widens and reconstructs) 14.0 miles of The Mountain Parkway 
(KY-114) from US 460 on the east side of Salyersville in Magoffin 
County, Kentucky to KY-114, milepoint #14.1, just west of Prestonsburg 
in Floyd County, Kentucky. The project completes the final construction 
segment of the 46.0-mile Mountain Parkway Expansion Project from 
Campton, Kentucky to Prestonsburg, Kentucky. The Federal project number 
is #0061082. It includes Kentucky Items #10-169 and #12-1.
    The actions by the agencies, and the laws under which such actions 
were taken, are described in the Supplemental Environmental Assessment 
(EA) for the project, approved on January 18, 2024, in the Revised 
Finding of No Significant Impact (FONSI) issued on May 28, 2024, and in 
other documents in the project records. The Supplemental Environmental 
Assessment and the Revised Finding of No Significant Impact, and other 
project records are available by contacting the FHWA at the address 
provided above. The Supplemental Environmental Assessment and Revised 
of No Significant Impact (FONSI) can be viewed and downloaded from the 
project website at https://mtnparkway.com/magoffin-floyd-section/, or 
obtained from any contact listed above.
    This notice applies to all Federal agency decision 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].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 6(f) of the Land and Water Conservation Fund Act 
of 1965 [16 U.S.C. 4601-4 et seq.].; Section 4(f) of the Department of 
Transportation Act of 1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 1536]; 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory 
Bird Treaty Act [16 U.S.C. 703-712]; Bald and Golden Eagle Protection 
Act [16 U.S.C. 668-668c].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [54 U.S.C. 306101 et 
seq.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000d 
et seq.]; Farmland Protection Policy Act [7 U.S.C. 4201-4209]; Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 [42 U.S.C. 4601 et seq.]; Americans with Disabilities Act of 1990 
[42 U.S.C. 12101]; Noise Control Act of 1972 [42 U.S.C. 4901 et seq.; 
Comprehensive Environmental Response, Compensation, and Liability Act 
[42 U.S.C. 9601-9675].
    7. Wetlands and Water Resources: Clean Water Act (Section 319, 
Section 401, Section 402, Section 404) [33 U.S.C. 1251-1377]; Safe 
Drinking Water Act (SDWA) [42 U.S.C. 300(f) et seq.]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    8. 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; 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

[[Page 65480]]

Invasive Species; E.O. 13166 Improving Access to Services for Persons 
with Limited English Proficiency; E.O. 13045 Protection of Children 
From Environmental Health Risks and Safety Risks; E.O. 14096 
Revitalizing Our Nation's Commitment to Environmental Justice for All.

(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), as amended by Moving Ahead for 
Progress in the 21st Century Act, (Pub. L. 112-141, 126 Stat. 405).

Shundreka R. Givan,
Division Administrator, Federal Highway Administration, Frankfort, 
Kentucky.
[FR Doc. 2024-17787 Filed 8-8-24; 8:45 am]
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