Notice of Final Federal Agency Actions on State Highway (SH) 365 From Farm-to-Market Road (FM) 1016/Conway Avenue to U.S. Highway (US) 281/Military Highway in Hidalgo County, Texas

Topics:  United States Numbered Highways

Michael T. Leary
Federal Highway Administration
December 29, 2015

[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81413-81414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32521]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on State Highway (SH) 365 
From Farm-to-Market Road (FM) 1016/Conway Avenue to U.S. Highway (US) 
281/Military Highway in Hidalgo County, Texas

AGENCY: Federal Highway Administration (FHWA), U.S. DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by TxDOT and Federal Agencies.

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SUMMARY: This notice announces actions taken by Texas Department of 
Transportation (TxDOT) and Federal agencies that are final within the 
meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project, SH 365 from FM 1016/Conway Avenue to US 281/Military 
Highway in Hidalgo County in the State of Texas. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, TxDOT 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 May 27, 2016. 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: Mr. Carlos Swonke, P.G., Environmental 
Affairs Division, Texas Department of Transportation, 125 East 11th 
Street, Austin, Texas 78701; telephone: (512) 416-2734; email: 
carlos.swonke@txdot.gov. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Texas: The SH 365 project would initially be developed as a four-
lane divided controlled access toll facility divided by a grassy median 
with Rights-of-Way (ROW) reserved for future widening for the ultimate 
facility when necessary. The ultimate facility

[[Page 81414]]

would consist of six travel lanes divided by a flushed median with a 
concrete barrier. The 16.53-mile-long proposed tolled facility is 
primarily on new location within a typical 300-foot ROW, which varies 
from 160 feet to 400 feet. Construction of the proposed project would 
be in three phases. Phase I construction would include a non-tolled 
facility from 0.45 mile east of SP 600 to FM 2557 (Stewart Road) along 
US 281 (Military Highway), including a grade-separated interchange at 
the SH 365/US 281 (Military Highway) intersection, and a 0.70-mile one 
way, one-lane non-tolled border safety inspection facility connector 
from US 281 (Military Road) to SP 29 (Veterans Boulevard). Phase II 
construction would include a 13.4-mile tolled facility from FM 396 
(Anzalduas Highway) to US 281 (Military Highway). Phase III 
construction would include a 3.13-mile tolled facility from FM 1016 
(Conway Avenue) to FM 396 (Anzalduas Highway), with transition westward 
past FM 1016 (Conway Avenue). The purpose of the project is to improve 
mobility and interconnectivity in the area, enhance safety, and reduce 
community disruption because of increasing freight traffic.
    The actions by TxDOT and the Federal agencies, and the laws under 
which such actions were taken, are described in the final Environmental 
Assessment (EA) issued in June, 2015 for the project, for which a 
Finding of No Significant Impact (FONSI) was issued on July 2, 2015, 
and in other documents in the TxDOT administrative record. The EA, 
FONSI, and other documents in the administrative record file are 
available by contacting TxDOT at the address provided above. The FONSI 
may also be viewed and downloaded from the project sponsor Web site at 
http://www.hcrma.net/sh365.html.
    This notice applies to all TxDOT decisions and Federal 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. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; 
Safe Drinking Water Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)]; 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]; TEA-21 Wetlands Mitigation [23 U.S.C. 103(b)(6)(m), 133(b)(11)]; 
Flood Disaster Protection Act [42 U.S.C. 4001-4128].
    8. 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. 13175, Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514, Protection and Enhancement of Environmental 
Quality; E.O. 13112, Invasive Species; E.O. 12372, Intergovernmental 
Review of Federal Programs.
    The environmental review, consultation, and other actions required 
by applicable Federal environmental laws for this project are being, or 
have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a 
Memorandum of Understanding dated December 16, 2014, and executed by 
FHWA and TxDOT.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: December 17, 2015.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2015-32521 Filed 12-28-15; 8:45 am]
 BILLING CODE 4910-22-P