Notice of Final Federal Agency Action on Proposed Highway in Georgia the Interstate 75 (I-75) Express, Clayton and Henry Counties, Georgia (Atlanta Metropolitan Area)

Topics:  Interstate Highway System

Rodney Barry
Federal Highway Administration
July 5, 2013

[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40545-40546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16112]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on Proposed Highway in 
Georgia the Interstate 75 (I-75) Express, Clayton and Henry Counties, 
Georgia (Atlanta Metropolitan Area)

AGENCY: Federal Highway Administration (FHWA), 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 within the meaning of 23 U.S.C. 139(l)(1). The 
I-75 Express Lanes Project will design a managed lane system along I-75 
from the SR 155 (Zack Hinton Parkway, South) interchange in Henry 
County north to the SR 138 (Stockbridge Highway) interchange in Clayton 
counties, a distance of approximately 17.94 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 action on the highway project will be 
barred unless the claim is filed on or before December 2, 2013. 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: Mr. Rodney Barry, 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: 
Rodney.Barry@dot.gov. For Georgia Department of Transportation (GDOT): 
Mr. Keith Golden 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) 631-1005, Email: KGolden@dot.ga.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other

[[Page 40546]]

Federal agencies have taken final actions by issuing licenses, permits 
and approvals for the following highway project in the State of 
Georgia: The I-75 Express lanes project consists of constructing 
managed lanes from the SR 155 (Zack Hinton Parkway, South) interchange 
in Henry County north to the SR 138 (Stockbridge Highway) interchange 
located in metropolitan Atlanta, Georgia. The Selected Alternative will 
construct managed lanes in Henry County at the I-75 Bridge over SR 155 
and terminate in Clayton County approximately 600 feet south of the I-
75 southbound on-ramp from SR 139 and at SR 139 on I-675. From SR 155 
to approximately one mile south of Mt. Carmel Road, a single reversible 
lane will be constructed. The single lane will then transition to two 
reversible lanes, which will continue to the northern terminus of the 
facility. Intelligent Transportation System infrastructure will be 
constructed to support the usage of the managed lanes. The facility 
will include improvements of approximately 17.94 miles on I-75. 
Congestion on this facility will be managed by electronic toll lane 
(ETL). The purpose of the project is listed below:
 Consistency with regional transportation planning initiatives.
 Provide reliable trip times and mobility
 Improve travel choices
 Expedite project delivery through the use of tolling for 
financing (construction financing implications)
 Reduce congestion accommodate regional growth and 
accessibility

    The actions by the Federal agencies and the laws under which such 
actions were taken are described in the Draft Environmental Assessment 
(DEA), Final Environmental Assessment (EA) and in the FHWA Finding of 
No Significant Impact (FONSI) approved on March 12, 2013 and June 28, 
2013 respectively, and in other documents in the FHWA project records. 
The DEA, FEA/FONSI and other project records are available by 
contacting FHWA or the Georgia Department of Transportation at the 
addresses listed above. The FHWA EA/FONSI, can be reviewed and 
downloaded from the project Web site at http://www.I75Express.com or at 
the following offices: GDOT District 3 Area Office, 115 Transportation 
Boulevard, Thomaston, Georgia 30286; GDOT District 7 Office, 5025 New 
Peachtree Road, Chamblee, Georgia 30341; McDonough Public Library, 1001 
Florence McGarity Boulevard, McDonough, Georgia 30252; Cochran Public 
Library, 174 Birch Street, Stockbridge, Georgia 30281 and Clayton 
County Library System, Morrow Branch, 6225 Maddox Road, Morrow, Georgia 
30260. Paper copies are available on request by contacting Loren 
Bartlett, Georgia Department of Transportation, 600 West Peachtree 
Street, 22nd Floor, Atlanta, Georgia, 30308, Telephone: (404) 631-1642, 
Email: lbartlett@dot.ga.gov.
    A final decision regarding a Section 404 permit for this project 
has not yet been made. This notice, therefore, does not apply to the 
Section 404 permitting process for this project. 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];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
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. 470f];
    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. Water Resources: Safe Drinking Water Act [42 U.S.C. 300f et 
seq.]; Flood Disaster Protection Act [42 U.S.C. 4001-12].
    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 Invasive Species.

(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 (MAP-21), Pub. L. 112-141, Sec.  
1308, 126 Stat. 405 (2012).

    Issued on: June 28, 2013.
Rodney Barry,
Division Administrator, Atlanta, Georgia.
[FR Doc. 2013-16112 Filed 7-3-13; 8:45 am]
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