[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1445-1446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00239]


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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), pursuant to 23 U.S.C. 
327, 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 project 
along the Venetian Causeway which is approximately 2.5 miles long, and 
is primarily a two-lane undivided facility that provides a major link 
between the cities of Miami and Miami Beach in Miami-Dade County, 
Florida. The Causeway includes ten fixed span bridges and two bascule 
leaf span bridges over the Intracoastal Waterway (ICWW) extending from 
North Bayshore Drive (City of Miami) to Purdy Avenue (City of Miami 
Beach). The twelve bridges are numbered Bridge 1 to Bridge 12 from west 
to east. The proposed improvements replace the fixed spans of Bridges 2 
through 12 with concrete arched beams and the bascule span at Bridge 10 
with a double leaf bascule bridge to meet current design and safety 
requirements. The proposed typical section is 16-ft wider than the 
existing as a result of enhanced pedestrian and bicycle provisions, and 
consists of an 11-ft. lane, 7-ft. bicycle lane and 8-ft. sidewalk in 
each direction. The bascule span at Bridge 1 has already been replaced 
and is not included in the proposed improvements. 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 
June 9, 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) 414-4316; 
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, and as 
subsequently renewed on May 26, 2022, the FHWA assigned, and the FDOT 
assumed, environmental responsibilities for this

[[Page 1446]]

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 Environmental Assessment (EA) with 
Finding of No Significant Impact (FONSI) approved on December 15, 2022 
and in other project records for the listed project. The Environmental 
Assessment (EA) with Finding of No Significant Impact (FONSI) and other 
documents for the listed project are available by contacting FDOT at 
the address provided above. The Environmental Assessment (EA) with 
Finding of No Significant Impact (FONSI) and additional project 
documents can be viewed and downloaded from the project website at: 
http://www.fdotmiamidade.com/venetianbridgestudy.
    The project subject to this notice is:
    Project Location: Miami-Dade County, Florida, replacement of eleven 
of the twelve bridges that form the Venetian Causeway from North 
Bayshore Drive (City of Miami) to Purdy Avenue (City of Miami Beach).
    Project Actions: This notice applies to the Environmental 
Assessment (EA) with Finding of No Significant Impact (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 Programmatic Section 4(f) Evaluation and Approval for 
FDOT Projects that Necessitate the Use of Historic Bridges, the 
Endangered Species Act--Section 7 Consultation Biological Opinion, 
Section 106 of the National Historic Preservation Act Memorandum of 
Agreement, 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 (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 
part 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: January 4, 2023.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2023-00239 Filed 1-9-23; 8:45 am]
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