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Notice of Final Federal Agency Actions on Proposed Transportation Project in Florida Publication: Federal Register Agency: Federal Highway Administration Byline: Karen M. Brunelle Date: 21 June 2024 Subjects: American Government  , Roads & Highways
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[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Notices]
[Pages 52201-52202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13591]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Transportation
Project in Florida
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for Judicial Review of Actions
by Florida Department of Transportation (FDOT).
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SUMMARY: The FHWA, on behalf of the FDOT, is issuing this notice to
announce actions taken by FDOT and other Federal Agencies that are
final agency actions. These actions relate to the proposed S.R. 401
Bridge Replacement Improvements Project Development and Environment
(PD&E) Study (Financial Management Number 444787-1). The proposed S.R.
401 Bridge Replacement Improvements Project will improve system linkage
and modal interrelationships from 500 feet south of the S.R. 528
bridges to 3,500 feet north of the S.R. 401 bridges to Charles Rowland
Drive. The project consists of replacing the existing three bascule
bridges over the Canaveral Barge Canal with two parallel three-lane,
high-level fixed span concrete bridges. These actions grant licenses,
permits, or approvals for the project.
DATES: By this notice, the FHWA, on behalf of FDOT, 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 18, 2024. 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.
ADDRESSES: The Type 2 Categorical Exclusion and additional project
documents can be viewed and downloaded from the project website at:
https://www.cflroads.com/444787-1, or by contacting FDOT Office of
Environmental Management, 605 Suwannee Street, MS 37, Tallahassee,
Florida 32399, during normal business hours are 8:00 a.m. to 5:00 p.m.
(Eastern Standard Time), Monday through Friday, except State holidays.
FOR FURTHER INFORMATION CONTACT: Jennifer Marshall, P.E., Director,
FDOT Office of Environmental Management, FDOT; telephone (850) 414-
4316; email: Jennifer.Marshall@dot.state.fl.us.
SUPPLEMENTARY INFORMATION: Effective December 14, 2016, and as
subsequently renewed on May 26, 2022, the FHWA assigned, and the FDOT
assumed, environmental responsibilities for this project pursuant to 23
U.S.C. 327. Notice is hereby given that FDOT and other Federal Agencies
have taken final agency actions subject to 23 U.S.C. 139 (l)(1) by
issuing licenses, permits, or approvals for the proposed improvement
highway project. The actions by FDOT and other Federal Agencies on the
project, and the laws under which such actions were taken are described
in the Type 2 Categorical Exclusion approved on May 20, 2024 and in
other project records for the listed project. The Type 2 Categorical
Exclusion and other documents for the listed project are available by
contacting FDOT at the address provided above.
The project subject to this notice is:
Project Location: The project is located in Brevard County,
Florida. The project limits are from 500 feet south of the S.R. 528
bridges to 3,500 feet north of the S.R. 401 bridges to Charles Rowland
Drive.
Project Actions: This notice applies to the Type 2 Categorical
Exclusion, and all other Federal Agency licenses, permits, or approvals
for the listed project 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 et seq.]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23
U.S.C. 128]; 23 CFR part 771.
2. Air: Clean Air Act (CAA) [42 U.S.C. 7401-7671(q)], with the
exception of project level conformity determinations [42 U.S.C. 7506].
3. Noise: Noise Control Act of 1972 [42 U.S.C. 4901-4918]; 23 CFR
772.
4. Land: Section 4(f) of the Department of Transportation Act of
1966 [23 U.S.C. 138 and 49 U.S.C. 303]; 23 CFR part 774; Land and Water
Conservation Fund (LWCF) [54 U.S.C. 200302-200310].
5. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and
1536];
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Marine Mammal Protection Act [16 U.S.C. 1361-1423h], Anadromous Fish
Conservation Act [16 U.S.C. 757(a)-757(f)]; Fish and Wildlife
Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act
(MBTA) [16 U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and
Management Act of 1976, as amended [16 U.S.C. 1801-1891d], with
Essential Fish Habitat requirements [16 U.S.C. 1855(b)(2)].
6. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [54 U.S.C. 3006101 et
seq.]; Archaeological Resources Protection Act of 1979 (ARPA) [16
U.S.C. 470(aa)-470(II)]; Preservation of Historical and Archaeological
Data [54 U.S.C.312501-312508]; Native American Grave Protection and
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013; 18 U.S.C. 1170].
7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000 d-
2000d-1]; American Indian Religious Freedom Act [42 U.S.C. 1996];
Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
8. Wetlands and Water Resources: Clean Water Act (section 319,
section 401, Section 404) [33 U.S.C. 1251-1387]; Coastal Barriers
Resources Act (CBRA) [16 U.S.C. 3501-3510]; Coastal Zone Management Act
(CZMA) [16 U.S.C. 1451-1466]; Safe Drinking Water Act (SDWA) [42 U.S.C.
300f-300j-26]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild
and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands
Resources Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation, [23 U.S.C.
119(g) and 133(b)(3)]; Flood Disaster Protection Act [42 U.S.C. 4001-
4130].
9. 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)].
10. 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. 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).
Issued on: June 14, 2024.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway
Administration, Tallahassee, Florida.
[FR Doc. 2024-13591 Filed 6-20-24; 8:45 am]
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