[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88701-88702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28234]


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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 project that 
involves the extension of the Poinciana Parkway [State Road (SR) 538] 
from its planned terminus at County Road (CR) 532 to the Western 
Beltway (SR 429)/Sinclair Road interchange. The total project length is 
4.97 miles and features a six-lane limited access toll facility with 
modifications to interchanges at CR 532, SR 429/I-4 Beyond the 
Ultimate, and Sinclair Road. 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 
May 20, 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: Project documents can be viewed or download from the project 
website: www.PoincianaExtension.com, or by contacting FDOT Office of 
Environmental Management, 605 Suwannee Street, MS 37, Tallahassee, 
Florida 32399, during normal business hours are 8 a.m. to 5 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; telephone (850) 414-4316; 
email: [email protected].

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 Environmental Assessment (EA) with Finding of No Significant 
Impact (FONSI) approved on November 15, 2023, 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 project subject to this notice is:
    Project Location: Osceola County, Polk County, Florida. The 
Poinciana Parkway Extension Connector project connects the Poinciana 
Parkway (SR 538) at CR 532 to the I-4 and SR 429 interchange, modifying 
the future CR 532 interchange, the I-4/SR 429 interchange, and the 
Sinclair Road interchange to accommodate the Poinciana Parkway 
Extension Connector.
    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 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. 2000d-
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];

[[Page 88702]]

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: December 18, 2023.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2023-28234 Filed 12-21-23; 8:45 am]
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