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Notice of Final Federal Agency Actions on the I-35 Capital Express Central Project in Texas Publication: Federal Register Agency: Federal Highway Administration Byline: Michael T. Leary Date: 1 September 2023 Subjects: American Government  , Roads & Highways
Topic: Interstate Highway System |
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60530-60531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18407]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on the I-35 Capital
Express Central Project 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
this project are being, or have been, carried out by TxDOT pursuant to
an assignment agreement executed by FHWA and TxDOT. These actions grant
licenses, permits, and approvals for the I-35 Capital Express Central
project, from US 290E to US290W/SH 71 in Travis County, Texas.
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 I-35 Capital Express Central
project will be barred unless the claim is filed on or before the
deadline. For the I-35 Capital Express Central project the deadline is
January 29, 2024. 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 I-35 Capital Express Central project
will extend from US 290E to US290W/SH 71 in Austin, Travis County,
Texas. The project will remove the existing I-35 decks, lower the
roadway, and add two non-tolled high-occupancy vehicle managed lanes in
each direction. The project will also reconstruct east-west cross-
street bridges, add shared-use paths, and make additional safety and
mobility improvements within the project limits. The project is
approximately 8 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 Impact
Statement (FEIS), the Record of Decision (ROD) issued on August 18,
2023, and other documents in the TxDOT project file. The FEIS, ROD 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.
The environmental review, consultation, and other actions required
by applicable Federal environmental laws for the I-35 Capital Express
Central project 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 I-35 Capital Express Central project in the State of Texas.
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
[[Page 60531]]
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.)
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2023-18407 Filed 8-31-23; 8:45 am]
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