[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Notices]
[Pages 52201-52202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13591]


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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 S.R. 401 
Bridge Replacement Improvements Project Development and Environment 
(PD&E) Study (Financial Management Number 444787-1). The proposed S.R. 
401 Bridge Replacement Improvements Project will improve system linkage 
and modal interrelationships from 500 feet south of the S.R. 528 
bridges to 3,500 feet north of the S.R. 401 bridges to Charles Rowland 
Drive. The project consists of replacing the existing three bascule 
bridges over the Canaveral Barge Canal with two parallel three-lane, 
high-level fixed span concrete bridges. 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 
November 18, 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: The Type 2 Categorical Exclusion and additional project 
documents can be viewed and downloaded from the project website at: 
https://www.cflroads.com/444787-1, or by contacting FDOT Office of 
Environmental Management, 605 Suwannee Street, MS 37, Tallahassee, 
Florida 32399, during normal business hours are 8:00 a.m. to 5:00 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, FDOT; 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 Type 2 Categorical Exclusion approved on May 20, 2024 and in 
other project records for the listed project. The Type 2 Categorical 
Exclusion 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: The project is located in Brevard County, 
Florida. The project limits are from 500 feet south of the S.R. 528 
bridges to 3,500 feet north of the S.R. 401 bridges to Charles Rowland 
Drive.
    Project Actions: This notice applies to the Type 2 Categorical 
Exclusion, 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];

[[Page 52202]]

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: June 14, 2024.
Karen M. Brunelle,
Director, Office of Project Development, Federal Highway 
Administration, Tallahassee, Florida.
[FR Doc. 2024-13591 Filed 6-20-24; 8:45 am]
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