[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11822-11823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03930]


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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 interchange 
on Interstate 95 at Pioneer Trail (County Road 4118) in Volusia County, 
State of Florida. 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. 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 July 26, 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 FDOT: Jason Watts, Director, 
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 Type 2 Categorical Exclusion (CE) 
issued on January 27, 2021 and in other project records for the listed 
project. The Type 2 CE and other documents for the listed project are 
available by contacting FDOT at the address provided above. The Type 2 
CE and additional project documents can be viewed and downloaded from 
the project website at: https://www.cflroads.com/project/436292-1.
    The project subject to this notice is:
    Project Location: Volusia County, Florida, I-95 Interchange at 
Pioneer Trail (County Road 4118) in the City of Port Orange and the 
City of New Smyrna Beach, Florida. This project will construct a new 
interchange along I-95 at Pioneer Trail that includes stormwater 
management and floodplain compensation ponds.
    Project Actions: This notice applies to the Type 2 CE, 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]; 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

[[Page 11823]]

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: February 17, 2021.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2021-03930 Filed 2-25-21; 8:45 am]
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