[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Pages 74487-74488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24001]



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).


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 regional 
transportation improvement creating a new alignment from State Road 30 
(US 98) in Walton County to State Road 79 in Bay County, State of 
Florida. These actions grant licenses, permits, or approvals for the 

DATES: 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 March 29, 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.

Office of Environmental Management, FDOT, 605 Suwannee Street, MS 37, 
Tallahassee, Florida 32399; telephone (850) 414-4316; email: 
[email protected]. The FDOT Office of Environmental 
Management's normal business hours are 8:00 a.m. to 5:00 p.m. (Eastern 
Standard Time), Monday through Friday, except State holidays.

SUPPLEMENTARY INFORMATION: Effective December 14, 2016, 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 Final Environmental Assessment (EA) and 
Finding of No Significant Impact (FONSI) issued on May 11, 2020, and in 
other project records for the listed project. The EA, FONSI, and other 
documents for the listed project are available by contacting FDOT at 
the address provided above. The EA, FONSI, and additional project 
documents can be viewed and downloaded from the project website at: 
    The project subject to this notice is:
    Project Location: Walton and Bay County, Florida--West Bay Parkway 
near Panama City Beach. The propose improvements include a new 

[[Page 74488]]

consisting of a four-lane, divided suburban roadway with a new high-
level crossing of the Gulf Intracoastal Waterway (GICW) which is a 
navigable waterway that traverses the project area and connects 
Choctawhatchee Bay in Walton County with West Bay in Bay County.
    Project Actions: This notice applies to the EA, FONSI, and all 
other Federal Agency licenses, permits, or approvals for the listed 
project as of the issuance date of this notice including but not 
limited to the Biological Assessment, Biological Opinion and 
Environmental Resource Permits 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 (FAHA) [23 U.S.C. 109 and 23 U.S.C. 
    2. Air: Clean Air Act (CAA), 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 (4f) [49 U.S.C. 303 and 23 U.S.C. 138].
    4. Wildlife: Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and 
1536]; Marine Mammal Protection Act [16 U.S.C. 1361], 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 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended (106) [16 U.S.C. 470(f) 
et seq.]; Archaeological Resources Protection Act of 1977 (ARPA) [16 
U.S.C. 470(aa)-470(II)]; Archaeological and Historic Preservation Act 
(AHPA) [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 (Civil Rights) [42 
U.S.C. 20009(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 
U.S.C. 1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1377]; Coastal Barriers 
Resources Act (CBRA) [16 U.S.C. 3501 et seq.]; Coastal Zone Management 
Act (CZMA) [16 U.S.C. 1451-1465]; Land and Water Conservation Fund 
(LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 
300(f)-300(j)(6)]; 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. 
103(b)(6)(M) and 103(b)(11)]; Flood Disaster Protection Act [42 U.S.C. 
    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. 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).

    Issued on: October 19, 2020.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2020-24001 Filed 11-19-20; 8:45 am]