[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53725-53727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20916]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

 Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Projects in Texas

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

ACTION: Notice of limitation on claims for judicial review of actions 
by TxDOT and federal agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final. The environmental review, consultation, and 
other actions required by applicable Federal environmental laws for 
these projects are being, or have been, carried-out by TxDOT pursuant 
to an assignment agreement executed by FHWA and TxDOT. The actions 
relate to various proposed highway projects in the State of Texas. 
These actions grant licenses, permits, and approvals for the projects.

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 TxDOT and Federal agency actions on the highway projects will be 
barred unless the claim is filed on or before the deadline. For the 
projects listed below, the deadline is 150 days from the date of 
publication. If the Federal law that authorizes judicial review of a 
claim provides a time period of less than 150 days for filing such a 
claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs 
Division, Texas Department of Transportation, 125 East 11th Street, 
Austin, Texas 78701; telephone: (512) 416-2358; email: 
Patrick.Lee@txdot.gov. TxDOT's normal business hours are 8:00 a.m.-5:00 
p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: The environmental review, consultation, and 
other actions required by applicable Federal environmental laws for 
these projects are being, or have been, carried-out by TxDOT pursuant 
to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 
2019, and executed by FHWA and TxDOT.
    Notice is hereby given that TxDOT and Federal agencies have taken 
final agency actions by issuing licenses, permits, and approvals for 
the highway projects in the State of Texas that are listed below.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Categorical Exclusion 
(CE), Environmental Assessment (EA), or Environmental Impact Statement 
(EIS) issued in connection with the projects and in other key project 
documents. The CE, EA, or EIS and other key documents for the listed 
projects are available by contacting the local TxDOT office at the 
address or telephone number provided for each project below.
    This notice applies to all TxDOT 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], 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 [54 U.S.C. 300101 et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C. 
312501 et seq.]; 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 projects subject to this notice are:


[[Page 53726]]


    1. Hi-Line Road, from Cage Boulevard (US 281) to Veterans Road 
(I Road), Hidalgo County, Texas. The purpose of the project is to 
improve safety and connectivity by reconstructing and widening Hi-
Line Road from Cage Boulevard to Veterans Road from a two-lane rural 
roadway with 12-foot wide travel lanes and roadside ditches to a 
three-lane urban roadway with 14-foot wide travel lanes and a 16-
foot wide center left-turn lane, with curb and gutter drainage 
system, for approximately 1.03 miles. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken 
are described in the Categorical Exclusion Determination issued on 
June 23, 2021, and other documents in the TxDOT project file. The 
Categorical Exclusion Determination and other documents in the TxDOT 
project file are available by contacting the TxDOT Pharr District 
Office at 600 W Interstate 2, Pharr, TX 78577; telephone (956) 702-
6100.
    2. The US 287 project from the Union Pacific Railroad (UPRR) to 
south of Lone Star Rd, Tarrant and Johnson Counties, Texas. The 
project includes the construction of frontage roads (northbound and 
southbound) within the existing US 287 right of way. U-Turn lanes 
would be provided at the north and south ends of the project. Bike 
lanes would be included along the frontage roads to accommodate 
cyclists. Continuous sidewalks and shoulders would be constructed 
along the frontage roads to accommodate pedestrians as well as curb-
and-gutter and drainage structures. A short segment of Lone Star 
Road would be reconstructed and widened from two lanes to six lanes 
from BUS 287 (South Main Street) to the main driveway leading to 
Texas Health Mansfield. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Categorical Exclusion Determination issued on July 10, 2021, and 
other documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting the TxDOT Fort Worth District Office at 2501 
SW Loop 820, Fort Worth, Texas 76133; telephone: (817) 370-6744.
    3. FM Spur 121, from CR 60 to FM 121, Grayson County, Texas. The 
purpose of the project is to improve connectivity by constructing a 
new-location two-lane rural roadway with 12-foot wide travel lanes, 
10-foot wide shoulders, and roadside ditches, for approximately 4.2 
miles. The actions by TxDOT and Federal agencies and the laws under 
which such actions were taken are described in the Categorical 
Exclusion Determination issued on July 16, 2021, and other documents 
in the TxDOT project file. The Categorical Exclusion Determination 
and other documents in the TxDOT project file are available by 
contacting the TxDOT Paris District Office at 1365 N Main St., 
Paris, Texas 75460; telephone (903) 737-9300.
    4. The SH 183 at Union Pacific Railroad (UPRR) widening and 
bridge replacement project, Tarrant County, Texas. The project 
includes replacement of the existing UPRR underpass on SH 183 and 
the widening of the existing SH 183 roadway to accommodate left- and 
right-turn lanes at the intersections. Improvements will also 
include retaining walls, shared use paths, grading, illumination, 
and storm system improvements. The project limits are SH 183 from 
approximately 850 feet west of North Nichols Street to approximately 
630 feet east of Decatur Avenue, including both rail and roadway 
sections. Overall, the proposed improvements would extend 
approximately 0.475 mile along SH 183. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken 
are described in the Categorical Exclusion Determination issued on 
July 28, 2021, and other documents in the TxDOT project file. The 
Categorical Exclusion Determination and other documents in the TxDOT 
project file are available by contacting the TxDOT Fort Worth 
District Office at 2501 SW Loop 820, Fort Worth, Texas 76133; 
telephone: (817) 370-6744.
    5. SH 5 from south of CR 275 to south of Melissa Road in Collin 
County, Texas. The proposed improvements would include the 
reconstruction and widening of SH 5 within the project limits. SH 5 
from CR 275 to south of Melissa Road would be reconstructed from a 
2-lane rural roadway to a 4-lane (6-lane ultimate) divided urban 
roadway with raised curb and a variable-width median. SH 121, from 
south of the intersection of SH 121 and CR 338 to the Union Pacific 
Railroad (UPRR), would be reconstructed from a 4-lane divided rural 
roadway with depressed median to a 4-lane (6-lane ultimate) divided 
urban roadway with a variable-width median. The total project length 
is approximately 2.5 miles. The purpose of the proposed project 
along SH 5 is to improve safety and mobility, and update the roadway 
to current design and safety standards. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken 
are described in the Categorical Exclusion Determination issued on 
August 3, 2021, and other documents in the TxDOT project file. The 
Categorical Exclusion Determination and other documents in the TxDOT 
project file are available by contacting the TxDOT Dallas District 
Office at 4777 E Highway 80, Mesquite, TX 75150; telephone: (214) 
320-6200.
    6. FM 1173 from FM 156 to IH 35 in Denton County, Texas. The 
proposed improvements would include constructing a new six-lane 
urban highway with sidewalks on both sides. The reconstruction of FM 
1173 would be approximately 5,400 feet in length; the new 
construction portion of FM 1173 would be approximately 3,200 feet 
and the reconstruction of the existing Barthold Road would be 
approximately 10,400 feet in length. The total project length is 
approximately 3.6 miles. The purpose of the proposed project is to 
provide infrastructure options to reduce traffic congestion on the 
existing roadways, to increase mobility (including pedestrian and 
bicycle accommodations), and to address design deficiencies. The 
actions by TxDOT and Federal agencies and the laws under which such 
actions were taken are described in the Categorical Exclusion 
Determination issued on August 25, 2021, and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by 
contacting the TxDOT Dallas District Office at 4777 E Highway 80, 
Mesquite, TX 75150; telephone (214) 320-6200.
    7. SH 359 from approximately four miles east of SL 20 to 
approximately ten miles east of SL 20 in Webb County, Texas. The 
project will widen SH 359 from the existing two-lane roadway with a 
continuous left turn lane to a four-lane roadway with a continuous 
left turn lane for approximately three miles, and a four-lane 
divided highway for approximately three miles. The total distance 
for this project will be approximately six miles and will 
accommodate the increase of traffic in the area with added safety 
features added to this roadway. This will serve the adjacent 
subdivisions and the commuters passing through from surrounding 
areas as well as the transportation of goods. The actions by TxDOT 
and Federal agencies and the laws under which such actions were 
taken are described in the Categorical Exclusion Determination 
issued on August 31, 2021, and other documents in the TxDOT project 
file. The Categorical Exclusion Determination and other documents in 
the TxDOT project file are available by contacting the TxDOT Laredo 
District Office at 1817 Bob Bullock Loop, Laredo, Texas 78043; 
telephone: 956-712-7400.
    8. SL 195, from FM 755 to US 83, Starr County, Texas. The 
purpose of the project is to increase mobility by providing an 
additional route for traffic traveling through southern Starr County 
between the cities of Rio Grande City and Roma. The proposed project 
would involve the construction of a new-location 4-lane divided 
highway connecting FM 755 to US 83 for approximately 17.24 miles. 
The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Environmental 
Assessment (EA), the Finding of No Significant Impact (FONSI) issued 
on June 8, 2021, and other documents in the TxDOT project file. The 
EA, FONSI, and other documents in the TxDOT project file are 
available by contacting the TxDOT Pharr District Office at 600 W 
Interstate 2, Pharr, Texas 78577; telephone: (956) 702-6100.
    9. US 271/SL 485 from FM 16 to the Gregg/Upshur County line in 
Smith and Gregg Counties, Texas. The purpose of the proposed project 
is to improve safety and connectivity on US 271/SL 485 between the 
cities of Gladewater and Tyler by widening the road to a four-lane 
highway with two 12-foot travel lanes in each direction, a variable 
center median, shoulders, with bicycle accommodations and curb and 
gutter in portions of the project. The proposed project length is 
approximately 10.4 miles in length. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are 
described in the Final Environmental Assessment (EA), the Finding of 
No Significant Impact (FONSI) issued on July 27, 2021, and other 
documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting the 
TxDOT Tyler District Office at 2709 W Front St., Tyler, Texas 75702; 
telephone (903) 510-9100.

[[Page 53727]]

    10. US 87 Expansion Project from east of the US 385 Interchange 
near Hartley, to FM 2589 west of Dumas, in Moore and Hartley 
Counties, Texas. The proposed project includes expanding the roadway 
from the current two-lane with super-two passing lanes configuration 
to a four-lane divided highway. This project is approximately 20 
miles long. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Final 
Environmental Assessment (EA), the Finding of No Significant Impact 
(FONSI) issued on July 29, 2021, and other documents in the TxDOT 
project file. The EA, FONSI, and other documents in the TxDOT 
project file are available by contacting the TxDOT Amarillo District 
Office at 5715 Canyon Drive, Amarillo, Texas 79110; telephone: (806) 
356-3256.
    11. US 281 from SH 186/FM 1017 to FM 3066, in Hidalgo and Brooks 
Counties, Texas. The purpose of the project is to upgrade US 281 to 
interstate standards and improve mobility to meet projected traffic 
demand. The proposed project would involve widening and 
reconstruction of the main lanes, as well as addition of frontage 
roads and overpasses throughout portions of the project area, for 
approximately 41.9 miles. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Environmental Assessment (EA), the Finding of No Significant 
Impact (FONSI) issued on September 13, 2021 and other documents in 
the TxDOT project file. The EA, FONSI, and other documents in the 
TxDOT project file are available by contacting the TxDOT Pharr 
District Office at 600 W Interstate 2, Pharr, Texas 78577; 
telephone: (956) 702-6100.

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

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2021-20916 Filed 9-27-21; 8:45 am]
BILLING CODE 4910-22-P