[Federal Register Volume 87, Number 65 (Tuesday, April 5, 2022)]
[Notices]
[Pages 19728-19730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07009]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Highway in 
Georgia, State Route 400 Express Lanes, Fulton and Forsyth Counties, 
Georgia (Atlanta Metropolitan Area)

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

ACTION: Notice of limitations on claims for judicial review of action 
by FHWA, the United States Army Corps of Engineers (USACE), and the 
National Park Service (NPS).

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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, the State Route (SR) 400 Express Lanes beginning from the 
North Springs Metropolitan Atlanta Rapid Transit

[[Page 19729]]

Authority (MARTA) station in Fulton County and ending at 0.9 mile north 
of McFarland Parkway in Forsyth County, Georgia. The approximate length 
of the proposed project is approximately 16 miles. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of the 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 September 2, 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 FHWA: Mr. Daniel T. Hinton, Acting 
Division Administrator, Georgia Division, Federal Highway 
Administration, 61 Forsyth Street, Suite 17T100, Atlanta, Georgia 
30303; FHWA's normal business hours are 8:00 a.m. to 5:00 p.m. (eastern 
time) Monday through Friday, 404-562-3630; email: 
<a href="/cdn-cgi/l/email-protection#2d694c43444841036544435942436d494259034a425b"><span class="__cf_email__" data-cfemail="2d694c43444841036544435942436d494259034a425b">[email protected]</span></a>. For United States Army Corps of Engineers 
(USACE): Mr. Edward B. Johnson, Jr., Chief, Management Branch, 4751 
Best Road, Suite 140, College Park, Georgia 30337, email: 
<a href="/cdn-cgi/l/email-protection#6d28091a0c1f09432f43270205031e02032d181e0c0e08430c1f001443000401"><span class="__cf_email__" data-cfemail="fcb9988b9d8e98d2bed2b69394928f9392bc898f9d9f99d29d8e9185d2919590">[email protected]</span></a>. USACE's normal business hours are 8:00 
a.m. to 5:00 p.m. (Eastern time) Monday through Friday. For Georgia 
Department of Transportation (GDOT): Mr. Russell McMurray, 
Commissioner, Georgia Department of Transportation, 600 West Peachtree 
Street, 22nd Floor, Atlanta, Georgia 30308, 8:00 a.m. to 5:00 p.m. 
(eastern time) Monday through Friday, Telephone: (404) 631-1990, email: 
<a href="/cdn-cgi/l/email-protection#1e4c537d536b6c6c7f675e7a716a30797f30797168"><span class="__cf_email__" data-cfemail="c7958aa48ab2b5b5a6be87a3a8b3e9a0a6e9a0a8b1">[email protected]</span></a>. For National Park Service (NPS): Ms. Ann Honious, 
Superintendent, Chattahoochee River Recreation Area, 1978 Island Ford 
Parkway, Sandy Springs, Georgia 30350, 9:00 a.m. to 5:00 p.m. (eastern 
time) Monday through Friday, Telephone: (678) 538-1211, email: 
<a href="/cdn-cgi/l/email-protection#7b1a15152413141512140e083b150b08551c140d"><span class="__cf_email__" data-cfemail="60010e0e3f080f0e090f1513200e10134e070f16">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other federal agencies have taken final actions subject to 23 U.S.C. 
139(l)1 by issuing licenses and approvals for the following highway 
project in the State of Georgia: The SR 400 Express Lanes located in 
metropolitan Atlanta, Georgia. The Selected Alternative will add two 
(2) priced Express Lanes in each direction along State Route 400 from 
North Springs MARTA station (currently Exit 5C) to McGinnis Ferry Road 
and one (1) priced Express Lane in each direction from McGinnis Ferry 
Road to approximately 0.9 mile north of McFarland Parkway (currently 
Exit 12) in Forsyth County. The approximate length of the proposed 
construction is approximately 16 miles. The facility will be tolled by 
electronic toll lane (ETL). The purpose of the project is listed below:
    <bullet> Provide a transportation alternative that offers reliable 
travel times for drivers and transit users;
    <bullet> Improve connections between regional destinations through 
priced, additional lanes that integrate with the greater metro Atlanta 
express lanes network;
    <bullet> Accelerate project delivery.
    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 July 29, 2020, and the Finding of No 
Significant Impact (FONSI) for the SR 400 Express Lanes, approved on 
February 5, 2021. The FONSI and other project records are available by 
contacting FHWA or the Georgia Department of Transportation at the 
addresses listed in the For Further Information Contact section of this 
notice.
    The actions by the Federal Agencies and the laws under which such 
actions were taken are described in the USACE Individual Permit for the 
SR 400 Express Lanes project, authorized on February 15, 2022. The 
Public Notice for the Individual Permit is available by contacting FHWA 
or the Georgia Department of Transportation at the addresses listed 
above. The USACE Public Notice for the Individual Permit can be 
reviewed in the following manner:
    (1) https://www.sas.usace.army.mil/Missions/Regulatory/Public-Notices/?Page=2 or [SAS-2018-01018-FultonandForsyth (IP-NML) > Savannah 
District > Public Notices (army.mil)]; and
    (2) If you are unable to access the Public Notice above, please 
make a request by mail to: U.S. Army Corps of Engineers, ATTN: Mr. 
Edward B. Johnson, Jr., Chief, Management Branch, 4751 Best Road, Suite 
140, College Park, Georgia 30337.
    The actions by the Federal Agencies and the laws under which such 
actions were taken are described in the National Park Service (NPS) 
Decision Document for the SR 400 Express Lanes project, approved on 
June 24, 2021. The NPS Decision Document can be reviewed and downloaded 
from the project website in two ways:
    (1) At https://0001757-gdot.hub.arcgis.com/ and click on 
Environmental Assessment (EA) and FONSI; and
    (2) Electronic versions of the NPS Decision Document have been sent 
to the following local libraries in the vicinity of the SR 400 corridor 
with a request to make the digital document available to patrons, 
including:
    a. Fulton County Library at the Sandy Springs Branch (395 Mount 
Vernon Hwy. NE, Sandy Springs, GA 30328),
    b. Fulton County Library at the Roswell Branch (115 Norcross St. 
Roswell, GA 30075),
    c. Fulton County Library at the East Roswell Branch (2301 Holcomb 
Bridge Rd., Roswell, GA 30076),
    d. Fulton County Library at the Alpharetta Branch (10 Park Plaza, 
Alpharetta, GA 30009),
    e. Fulton County Library at the Milton Branch (855 Mayfield Rd., 
Milton, GA 30009),
    f. DeKalb Public Library at the Dunwoody Branch (5339 Chamblee 
Dunwoody Rd., Dunwoody, GA 30338), and
    g. Forsyth County Public Library at the Sharon Forks Branch (2820 
Old Atlanta Rd., Cumming, GA 30041).
    This notice applies to all Federal Agency final actions taken after 
the issuance date of the FHWA Federal Register notice described in 86 
FR 9421 (Feb. 12, 2021). See https://www.govinfo.gov/content/pkg/FR-2021-02-12/pdf/2021-02803.pdf. The laws under which actions were taken 
include, but are not limited to:
    1. Wetlands and Water Resources: Clean Water Act, (section 404, 
section 401, section 319) [33 U.S.C. 1251-1377]; 33 CFR 208.10; Safe 
Drinking Water Act [42 U.S.C. 300(f)-300(j-26)]; TEA-21 Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; Flood Disaster 
Protection Act [42 U.S.C. 4001-4128]; Wild and Scenic Rivers Act [16 
U.S.C. 1271-1287]; Emergency Wetlands Resources Act [16 U.S.C. 3921, 
3931]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406].
    2. Executive Orders: E.O. 11990, Protection of Wetlands; E.O. 11988 
Floodplain Management; Nothing in this notice creates a cause of action 
under these E.O.s.

(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.)


[[Page 19730]]


    Authority: 23 U.S.C. 139(l)(1).

Daniel Thomas Hinton,
Acting Division Administrator, Atlanta, Georgia.
[FR Doc. 2022-07009 Filed 4-4-22; 8:45 am]
BILLING CODE 4910-22-P


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