[4910-RY]
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).
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 4447871). 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 [INSERT DATE 150 DAYS AFTER PUBLICATION IN THE
FEDERAL REGISTER]. 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:
Jennifer.Marshall@dot.state.fl.us.
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. 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 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. 703712]; 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.312501312508]; 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. 14511466];; 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: 6/20/2024 8:45 am; Publication Date: 6/21/2024]