[Federal Register Volume 90, Number 160 (Thursday, August 21, 2025)]
[Notices]
[Pages 40882-40883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15934]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Transportation
Project in State Florida
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for judicial review.
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SUMMARY: The FHWA, on behalf of the State Department of Transportation
(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 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
January 20, 2026. 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 Department of the Army permit and additional project
documents can be obtained 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: Katasha Cornwell, Interim Director,
Office of Environmental Management, FDOT; telephone (850) 414-5260;
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 and in other project records for
the listed project. The permits 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 Volusia County,
Florida--and is a new interchange on Interstate 95 at Pioneer Trail
(County Road 4118) in the City of Port Orange and the City of New
Smyrna Beach.
Project Actions: This notice applies to the Department of the Army
permit and all other Federal agency licenses, permits, or approvals for
the listed project since February 26, 2021 through the issuance date of
this notice including but not limited to USACE permit, SAJ 2017-02279
(SP-VCB) issued on August 6, 2025.
Programmatic Approval 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
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-
[[Page 40883]]
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. 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: August 18, 2025.
James Cons Christian,
Division Administrator, Federal Highway Administration.
[FR Doc. 2025-15934 Filed 8-20-25; 8:45 am]
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