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

Moises Marrero
Federal Highway Administration
12 February 2021

[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9421-9422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02803]


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

ACTION: Notice of limitations on claims for judicial review of action 
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. This final agency action relates to a proposed 
highway project, the State Route (SR) 400 Express Lanes beginning from 
the North Springs Metropolitan Atlanta Rapid Transit 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. 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 July 12, 2021. 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. Moises Marrero, Division 
Administrator, Georgia Division, Federal Highway Administration, 61 
Forsyth Street, Suite 17T100; Atlanta, Georgia 30303; 8:00 a.m. to 5:00 
p.m. (eastern time) Monday through Friday, (404) 562-3630; email: 
Moises.Marrero@dot.gov. For Georgia Department of Transportation 
(GDOT): Mr. Russell McMurry 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: RMcMurry@dot.ga.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
federal agencies have taken final actions by issuing licenses and 
approvals for the following highway project in the State of Georgia: 
The State Route 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:
     Provide a transportation alternative that offers reliable 
travel times for drivers and transit users;
     Improve connections between regional destinations through 
priced, additional lanes that integrate with the greater metro Atlanta 
express lanes network;
     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) 
approved on July 29, 2020, and the FONSI for the project, approved on 
February 5, 2020, and in other documents in the project records. The 
FONSI and other project records are available by contacting FHWA or the 
Georgia Department of Transportation at the addresses listed above. The 
EA and FONSI 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 EA and the FONSI 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 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 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) 
[23 U.S.C. 319].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; 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)]. 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-
470(mm)]; Archeological and Historic Preservation Act [16 U.S.C. 469-
469(c)]; Native American Grave Protection and Repatriation Act (NAGPRA) 
[25 U.S.C. 3001-3013].
    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]; American Indian Religious Freedom Act [42 U.S.C. 1996].
    7. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)]; 
Comprehensive Environmental Response, Compensation, and Liability Act 
[42 U.S.C. 9601-9675].

[[Page 9422]]

    8. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605 [84 
Stat. 1713].
    9. Executive Orders: 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. 13175, Consultation and Coordination with Indian Tribal 
Governments; E.O. 13045 Protection of Children from Environmental 
Health Risks and Safety Risks; E.O. 13112, Invasive Species; E.O. 
11514, Protection and Enhancement of Environmental Quality: E.O. 13287 
Preserve America. Nothing in this notice creates a cause of action 
under these Executive Orders.

(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: February 5, 2021.
Moises Marrero,
Division Administrator, Atlanta, Georgia.
[FR Doc. 2021-02803 Filed 2-11-21; 8:45 am]
BILLING CODE 4910-22-P