Notice2026-17969
Notice of Final Federal Agency Actions on Proposed Transportation Project in Massachusetts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2026
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This notice announces action taken by FHWA that are final. The actions relate to the proposed Cape Cod Bridges Project which includes replacement of the Sagamore Bridge carrying U.S. Route 6 and replacement of the Bourne Bridge carrying State Route 28 as it travels across the Cape Cod Canal and their respective approaches in the town of Bourne in Barnstable County Massachusetts. Those actions grant licenses, permits, and approvals for the project.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 169 (Wednesday, September 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 169 (Wednesday, September 2, 2026)]
[Notices]
[Pages 56539-56540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17969]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Transportation
Project in Massachusetts
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of limitation on claims for judicial review of Actions
by FHWA.
-----------------------------------------------------------------------
SUMMARY: This notice announces action taken by FHWA that are final. The
actions relate to the proposed Cape Cod Bridges Project which includes
replacement of the Sagamore Bridge carrying U.S. Route 6 and
replacement of the Bourne Bridge carrying State Route 28 as it travels
across the Cape Cod Canal and their respective approaches in the town
of Bourne in Barnstable County Massachusetts. Those actions grant
licenses, permits, and approvals for the project.
DATES: By this notice, FHWA 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 highway project will be barred
unless the claim is filed on or before February 1, 2027. 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 FHWA: Joi B. Singh, Division
Administrator, Federal Highway Administration, MA Division, 220 Binney
Street, 9th Floor, Cambridge, MA 02142; Telephone (617) 494-3657;
<a href="/cdn-cgi/l/email-protection#39735650176a50575e51795d564d175e564f"><span class="__cf_email__" data-cfemail="511b3e387f02383f363911353e257f363e27">[email protected]</span></a>. The Massachusetts Division Office's normal business
hours are 8:00 a.m.-4:30 p.m. (Eastern Standard Time). For the
Massachusetts Department of Transportation: Luisa Paiewonsky, Executive
Director, Megaprojects Delivery Office, Massachusetts Department of
Transportation (MassDOT), 10 Park Plaza, Room 7450, Boston, MA 02116;
Telephone (781) 816-3994; <a href="/cdn-cgi/l/email-protection#a8c4ddc1dbc986d8c9c1cddfc7c6dbc3d1e8ccc7dc86dbdcc9dccd86c5c986dddb"><span class="__cf_email__" data-cfemail="1579607c66743b65747c70627a7b667e6c55717a613b66617461703b78743b6066">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken
final agency action subject to 23 U.S.C. 139(l)(1) by issuing approval
for the following highway project in the State of Massachusetts: Cape
Cod Bridges Program (Program), Bourne MA, Project Number FHWA-MA-EIS-
25-01-D. FHWA's final action includes issuance of a combined Final
Environmental Impact Statement (FEIS) and Record of Decision (ROD)
approving the Selected Alternative, Replacement of the Highway Bridges
Built to Modern Design Standards. The purpose of the Proposed Program
is to improve cross-canal mobility and accessibility between Cape Cod
and mainland Massachusetts for all road users and to address the
increasing maintenance needs and functional obsolescence of the aging
Sagamore and Bourne Bridges. The bridges are also known as the Cape Cod
Canal highway bridges, which the United States owns and USACE operates
and maintains as part of the Cape Cod Canal Federal Navigation Project.
Program needs include addressing the deteriorating structural
condition and escalating maintenance demands of the Sagamore and Bourne
Bridges; addressing the substandard design elements of the Sagamore and
Bourne Bridges, the immediate mainline approaches, and their adjacent
interchanges and intersections; improving vehicular operations; and
improving accommodations for pedestrians and bicyclists.
The actions by FHWA, and the laws under which such actions were
taken, are described in the combined Final Environmental Impact
Statement (FEIS) and Record of Decision (ROD) for the Project, signed
June 26, 2026, and in other documents in the project records. The FEIS,
ROD, and other documents in the FHWA administrative record files are
available by contacting FHWA or MassDOT at the addresses provided
above. The FEIS and ROD can also be viewed and downloaded from the
Program website at: <a href="https://www.mass.gov/lists/final-environmental-impact-statement-and-record-of-decision-for-replacing-the-cape-cod-bridges">https://www.mass.gov/lists/final-environmental-impact-statement-and-record-of-decision-for-replacing-the-cape-cod-bridges</a>.
This notice applies to FHWA agency decisions 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 (23 U.S.C. 109, 128, and
139).
2. Air: Clean Air Act (42 U.S.C. 7401-7671(q)).
3. Noise: Federal-Aid Highway Act of 1970, Public Law 91-605 (84
Stat. 1713); (23 U.S.C. 109(h) and (i)).
4. Land: Section 4(f) Requirements (49 U.S.C. 303; 23 U.S.C.
138).
5. Wildlife: Endangered Species Act (16 U.S.C. 1531-1544 and
1536); Marine Mammal Protection Act, (16 U.S.C. 1361-1423h); Fish
and Wildlife Coordination Act (16 U.S.C. 661-667(d)); Migratory Bird
Treaty Act (16 U.S.C. 703-712); Bald and Golden Eagle Protection Act
(16 U.S.C. 668-668c); Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (16 U.S.C. 1801 et seq.), 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. 306108).
7. Social and Economic: Farmland Protection Policy Act (7 U.S.C.
4201-4209); Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq).
8. Wetlands and Water Resources: Clean Water Act (Section 404,
Section 401, Section 319) (33 U.S.C. 1251-1387); Safe Drinking Water
Act (SDWA) (42 U.S.C. 300(f)-300(j)-26); Coastal Zone Management Act
(16 U.S.C. 1452).
9. Hazardous Materials: Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA) (42
U.S.C. 9601 et seq.); Resource Conservation and Recovery Act (RCRA)
(42 U.S.C. 6901-6992(k)).
10. The analysis pertaining to any applicable Executive Order
considered during the environmental review process to the extent
such analysis may be challenged in court. Such Executive Orders
include, E.O. 11988, Floodplain Management; E.O.11990,
[[Page 56540]]
Protection of Wetlands; E.O. 11593, Protection and Enhancement of
the Cultural Environment; E.O. 13007, Indian Sacred Sites; E.O.
13287, Preserve America; E.O. 13175, Consultation and Coordination
with Indian Tribal Governments; 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).
Patrick A. Bauer,
Acting Division Administrator, Massachusetts Division, Federal Highway
Administration.
[FR Doc. 2026-17969 Filed 9-1-26; 8:45 am]
BILLING CODE 4910-RY-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 2, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.