Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas Publication: Federal Register Signing Official: Michael T. Leary Agency: Federal Highway Administration Date: 17 October 2022

[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62915-62917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22529]


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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.

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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

[[Page 62916]]

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 
March 16, 2023. 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:
    1. FM 973 from 0.069 miles north of FM 969 to 0.10 miles north of 
Thyone Drive, Travis County. The project will improve FM 973 from a 
two-lane roadway to a four-lane roadway with a continuous left-turn 
lane, paved shoulders, and a northbound sidewalk. The project is 
approximately 3.9 miles in length. 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 16, 2022, 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 Austin District Office at 7901 North 
I-35, Austin, TX 78753; telephone: (512) 832-7000.
    2. Panther Creek Parkway from SH 289 (Preston Road) to Dallas North 
Tollway in Collin County, Texas. The proposed project would include the 
extension of a six-lane new location roadway for Panther Creek Parkway 
(CR 1043) from approximately 1,100-feet east of the Dallas North 
Tollway (DNT) to approximately 1,000-feet east of Preston Road (SH 
289), in the of City of Frisco. The facility would consist of three 
travel lanes (three 12-foot wide) in each direction with dedicated left 
and right turn lanes to accommodate the new intersections within a 
typical ROW of 120 to 140 feet. The proposed project is approximately 
two miles in length. The purpose of the proposed project is to improve 
mobility and safety in the project area. 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 6, 
2022, 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.
    3. IH 45 Central Walker County Project, Segment 2B from SH 30 to 
0.7 miles south of FM 1696 in Walker County, Texas. The proposed 
project would replace existing mainlane pavement with new pavement and 
widen from four to six travel lanes. The proposed facility would 
continue to be a controlled access divided highway. The mainlane 
widening would be accomplished by adding additional lanes to the inside 
of the existing mainlanes. Both inside and outside shoulders would be 
increased to 12 feet in width. Opposing traffic would be separated with 
a center concrete traffic barrier instead of a grass median. The 
project would also reconstruct ramps to current standards. Drainage 
structures will be widened to accommodate the wider paved surface and 
existing bridges will be replaced. Frontage roads would also be 
converted to one-way travel. The SH75/IH 45/FM 1791 interchange would 
also be reconfigured into a dual roundabout to allow for more efficient 
traffic flow; this would require the replacement of two interstate 
bridges. The length of the proposed project is approximately 4.7 miles. 
The purpose of the proposed project is to bring the interstate facility 
up to current standards for design and safety and to increase capacity 
in order to meet future

[[Page 62917]]

traffic volumes. IH 45 serves as a hurricane and disaster evacuation 
route for the metro Houston and Galveston areas. 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 
11, 2022, 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 Bryan District 
Office at 2591 North Earl Rudder FWY, Bryan, TX 77803; telephone: (979) 
778-9764.
    4. IH 30 from Linkcrest Drive to I-820, Tarrant County, Texas. The 
approximately 3.4-mile project in the cities of Fort Worth and White 
Settlement would focus on improving safety and mobility from Linkcrest 
Drive to IH 820. The proposed improvements would include widening IH 30 
from a four-lane freeway (two mainlanes each direction) to a six-lane 
freeway (three mainlanes each direction); improvements to the IH 30 and 
Spur 580 interchange to reduce congestion and enhance safety; and 
construction of continuous two-lane, one-way frontage roads throughout 
the project limits. 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 18, 2022, 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 TX, 76133; telephone: (817) 370-6744.
    5. SH 6 Central BCS (Bryan-College Station) project from US 190/
SH21 to SH 40/William D. Fitch Parkway. The proposed project would 
include widening the existing roadway from four to six lanes; 
interchange improvements/replacement; ramp adjustments; U-turns; 
collector-distributor roads and auxiliary lanes; bridge upgrades and 
replacements as necessary; continuous bicycle/pedestrian facilities; 
and upgrades to drainage, illumination, signals, and intelligent 
transportation system (ITS) facilities. The purpose of the proposed 
project is to bring the facility up to current standards for design and 
safety, to relieve congestion, and improve mobility. 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 26, 2022, 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 Bryan District 
Office at 2591 North Earl Rudder FWY, Bryan, TX 77803; telephone: (979) 
778-9764.
    6. IH 20 Corridor from west of FM 1936 to east of JBS Parkway, 
Ector County, Texas. This project would improve IH 20 in the City of 
Odessa in Ector County, over a distance of approximately 10.4 miles. 
Improvements include adding one mainlane in each direction, 
reconfiguring interchanges and ramps, and converting frontage roads 
from two-way operation to one-way operation. 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, 
2022, 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 Odessa District Office at 3901 
East Highway 80, Odessa, Texas 79761; telephone: (432) 498-4710.
    7. US 281 Alice Improvement Project, on US 281 from Business 281R 
(north of Alice) to Business 281R (south of Alice), in Jim Wells 
County, Texas. The purpose of the project is to improve safety and 
mobility in the project area by widening the roadway to the inside over 
the existing median and converting the existing roadway to frontage 
roads. Overpasses and bridges would be constructed to span county roads 
and creeks, and ditches would be realigned and regraded for drainage. 
The proposed project length is approximately 9.5 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 August 12, 2022, 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 Corpus Christi 
District Office at 1701 South Padre Island Drive, Corpus Christi, TX 
78416; telephone: (361) 808-2660.
    8. SH 99 from FM 1093 to IH 10, Fort Bend and Harris Counties, 
Texas. This project will widen SH 99 from four to six lanes between FM 
1093 and I-10 for a total distance of approximately 5.9 miles. The 
additional mainlane is proposed to be constructed within the existing 
median. The proposed improvements also include an adjustment of ramp 
locations and the addition of right-turn lanes at various 
intersections. 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 29, 2022, 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 Houston District Office at 7600 Washington Avenue, Houston, 
TX 77007; telephone: (713) 802-5000.
    9. US 77 Sinton Improvement Project, from Business 77 (south of 
Sinton) to Business 77 (North of Sinton), in San Patricio County, 
Texas. The purpose of the project is to improve safety and mobility in 
the project area by upgrading the roadway to interstate standards as 
part of the future I-69 corridor. The proposed project length is 
approximately 5.8 miles. 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 8, 2022, 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 Corpus Christi District 
Office at 1701 South Padre Island Drive, Corpus Christi, TX 78416; 
telephone: (361) 808-2660.
    10. US 79 from IH 35 to east of FM 1460, Williamson County, Texas. 
The project includes adding a third 12-foot travel lane in each 
direction, installing a raised median, intersection improvements, and 
improved pedestrian and bicycle accommodations. The project is 2.48 
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 20, 2022, 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 Austin District Office at 
7901 North I-35, Austin, TX 78753; telephone: (512) 832-7000.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2022-22529 Filed 10-14-22; 8:45 am]
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