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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 listed highway project will be barred unless the claim is filed on or before November 6, 2026. 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.
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Published Document: 2026-11493 (91 FR 34878)
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AGENCY:
Federal Highway Administration (FHWA), DOT.
ACTION:
Notice of limitation on claims for judicial review of actions by FHWA and other federal agencies.
SUMMARY:
This notice announces actions taken by FHWA and other Federal agencies that are final. The actions relate to a proposed highway project, State Route (SR) 170, from the SR-62 (Oak Ridge Highway) interchange to SR-9 (United States Highway [US]-25W, Clinton Highway) in Anderson County, Tennessee, for approximately 6.18 miles. 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 listed highway project will be barred unless the claim is filed on or before November 6, 2026. 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: Boday Borres, P.E., Acting Division Administrator; FHWA, Tennessee Division Office; 404 BNA Drive, Building 200, Suite 508; Nashville, Tennessee 37217; (615) 781-5770;
Boday.Borres@dot.gov.
The FHWA, Tennessee Division Office's normal business hours are 7:30 a.m. to 4:00 p.m. (Central Time). For the Tennessee Department of Transportation (TDOT): Sharon Schutz P.E., Environmental Division Director, TDOT; 312 Rosa L. Parks Avenue, 14th Floor, Nashville, Tennessee 37243; (615) 806-2914;
Sharon.Schutz@tn.gov.
The TDOT Environmental Division's normal business hours are 8:00 a.m. to 5:00 p.m. (Central Time).
SUPPLEMENTARY INFORMATION:
Notice is hereby given that FHWA has taken final agency actions by issuing a FONSI for the following highway project in the State of Tennessee: widening of SR 170, from SR-62 (Oak Ridge Highway) interchange to SR-9 (US-25W, Clinton Highway) in Anderson County, Tennessee, PIN 124121.00. The length of the project is approximately 6.18 miles.
The FHWA's actions, related actions by other Federal agencies, and the laws under which such actions were taken are described in the Environmental Assessment (EA) for the project, approved on October 10, 2025, and the FONSI approved on February 10, 2026, and other documents in the project file. The EA and FONSI are available by contacting the FHWA or TDOT at the addresses provided above. In addition, these documents can be viewed and downloaded from the project website at
https://www.tn.gov/tdot/projects/projects-region-1/sr-170-widening.html.
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. 4321et seq.]; Federal-Aid Highway Act [23 U.S.C. 109, 128, and 139].
6.
Historic and Cultural Resources:
Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 306108et seq.]; Archaeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-470(mm)]; Archaeological and Historic Preservation Act [54 U.S.C. 312501-312508]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
7.
Social and Economic:
American Indian Religious Freedom Act [42 U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
9.
Hazardous Materials:
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C. 9601et seq.]; Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
10.
Executive Orders:E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 11593 Protection and Enhancement of Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 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.)