Notice of Final Federal Agency Action on I-35 Improvements From Rundberg Lane to US 290 East in Austin, Travis County, Texas

Michael T. Leary
Federal Highway Administration
13 September 2016

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62969-62970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21406]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on I-35 Improvements From 
Rundberg Lane to US 290 East in Austin, Travis County, Texas

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT), Texas Department of Transportation (TxDOT).

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 TxDOT and Federal 
agencies

[[Page 62970]]

that are final within the meaning of 23 U.S.C. 139(l)(1). 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. The actions relate to a proposed highway project, I-35 
Improvements from Rundberg Lane to US 290 East in Austin, Travis 
County, in the State of Texas. Those actions grant licenses, permits, 
and approvals for the project. Under MAP-21 section 1319, TxDOT has 
issued a Finding of No Significant Impact for this action.

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 February 9, 2017. 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: I-35 Improvements from Rundberg Lane to US 290 East in 
Austin, Travis County. The project is approximately 1.6 miles in length 
on US 183 and approximately 2.35 miles in length on I-35, would require 
approximately 7 acres of additional right-of-way, and would provide 
direct connectors (flyovers) between I-35 southbound to US 183 
southbound; US 183 northbound to I-35 northbound; and I-35 southbound 
to US 183 northbound. The project will also add lanes to the I-35 
frontage road in both directions to bypass the St. Johns Avenue 
signalized intersection; replace the existing St. Johns Avenue bridge 
over I-35 to provide the required vertical clearance; provide frontage 
road U-turns for the northbound and southbound directions at St. Johns 
Avenue; modify the I-35 northbound to US 183 northbound flyover; and 
provide bicycle and pedestrian facilities along the frontage roads.
    The actions by TxDOT and the Federal agencies, and the laws under 
which such actions were taken, are described in the Environmental 
Assessment (EA) and Finding of No Significant Impact (FONSI) issued on 
August 1, 2016, and in other documents in the TxDOT project file. The 
EA, FONSI, and other documents in the TxDOT project file are available 
by contacting TxDOT at the addresses provided above. The TxDOT EA and 
FONSI can be viewed and downloaded from the project Web site at 
www.My35.org/Capital or by visiting the TxDOT Austin District Office at 
7901 North I-35, Austin, TX 78753.
    This notice applies to all 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], Marine Mammal Protection Act [16 U.S.C. 1361], 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 (Section 404, Section 401, Section 319); 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. (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 31, 2016.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2016-21406 Filed 9-12-16; 8:45 am]
 BILLING CODE 4910-22-P