[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67113-67114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24168]


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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) and other Federal 
agencies.

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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 State Road 
(S.R.) 85 Project Development and Environment (PD&E) Study (Financial 
Management Number 220171-2-22-01). The proposed S.R. 85 project will 
add capacity to S.R. 85 from S.R. 123 (Roger J. Clary Highway) to 
Mirage Avenue, a distance of approximately 12.2 miles. Improvements 
consist of roadway widening from four to six lanes, bridge 
replacements, improvements at signalized intersections, reconstruction 
of the interchange at I-10 as a Diverging Diamond Interchange (DDI), 
and the construction of stormwater management facilities. 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 
April 6, 2023. 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: Jennifer Marshall, P.E., 
Director, Office of Environmental Management, FDOT, 605 Suwannee 
Street, MS 37, Tallahassee, Florida 32399; telephone (850) 414-4447; 
email: [email protected]. The FDOT Office of 
Environmental Management's normal business hours are 8 a.m. to 5 p.m. 
(eastern standard time), Monday through Friday, except State holidays.

SUPPLEMENTARY INFORMATION: Effective 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 Finding of No Significant Impacts issued on 
November 1, 2022 and in other project records for the listed project. 
The Finding of No Significant Impacts and other documents for the 
listed project are available by contacting FDOT at the address provided 
above. The Finding of No Significant Impacts and additional project 
documents can be viewed and downloaded from the project website at: 
https://nwflroads.com/projects/220171-2. The project subject to this 
notice is:
    Project Location: Okaloosa County, Florida, S.R. 85 PD&E Study in 
the City of Crestview and unincorporated Okaloosa County within Eglin 
Air Force Base. The project adds capacity to S.R. 85 from S.R. 123 
(Roger J. Clary Highway) to Mirage Avenue, a distance of approximately 
12.2 miles.
    Project Actions: This notice applies to the Finding of No 
Significant Impacts 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)

[[Page 67114]]

[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 
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: November 1, 2022.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2022-24168 Filed 11-4-22; 8:45 am]
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