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Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas Publication: Federal Register Agency: Federal Highway Administration Byline: Michael T. Leary Date: 1 April 2024 Subjects: American Government  , Roads & Highways
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[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22476-22477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06826]
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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), U.S. 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 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 August 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 a.m.-5 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
[[Page 22477]]
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 236 from US 77 to FM 237, Victoria County, Texas. The project
will widen FM 236 to an undivided four-lane highway with two 12-foot
lanes in each direction. The project will also provide a 10-foot
shoulder in each direction, and a continuous 12-foot turn lane. The
length of the project is approximately 10.2 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
December 14, 2023, 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 Yoakum District
Office at 403 Huck Street, Yoakum, Texas 77995; telephone: (361) 293-
4300.
2. IH-45 from south of Causeway to south of 61st Street, Galveston
County, Texas. The proposed I-45 improvements will include
reconstructing and widening I-45 from the Galveston Causeway Bridge to
61st Street and adding a direct connector from northbound 61st Street
to northbound I-45. The project is approximately 2.5 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 January 11, 2024, 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, Texas
77007; telephone: (713) 802-5076.
3. US 277 Relief Route, from US 67 to 0.93 mile north of FM 2105,
Tom Green County, Texas. The project will take place in the vicinity of
San Angelo and will convert the existing US 277 to a rural highway
section with frontage roads, increase capacity from two lanes to four
lanes (two in each direction), add a vegetated median with cable
traffic barrier between main lanes, and will include turn-around lanes
at grade-separated intersections. The length of the project is
approximately 2.9 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 February 27, 2024, 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 San Angelo District Office at 4502
Knickerbocker Road, San Angelo, Texas 76904; telephone: (325) 944-1501.
4. Inspiration Road/Military Parkway Loop from IH-2 to Military
Parkway, and from Inspiration Road to FM 1016, Hildalgo County, Texas.
The project will widen and reconstruct Inspiration Road and Military
Parkway. Inspiration Road, from approximately 200 feet south of IH-2 to
Military Parkway, would be widened to provide four 11 to 14-foot-wide
travel lanes, two 10-foot-wide shoulders, a 12 to 16-foot-wide
continuous left turn lane, and 5 to 6-foot-wide sidewalks on both sides
of the roadway; a length of 2.5 miles. On Military Parkway, west of
Inspiration Road, from CR 2791 to Inspiration Road, a transition would
be provided. Military Parkway, from Inspiration Road to FM 1016, would
be widened and reconstructed to include four 12-foot-wide travel lanes,
one 16-foot-wide continuous left turn lane, two 10-foot-wide shoulders,
and a 6-foot-wide sidewalk on both sides of the roadway with the
exception of the section of the levees which would be a 5-foot-wide
sidewalk along the north side only; a length of 2.0 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 January 4, 2024,
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 West Interstate 2, Pharr, Texas
78577; telephone: (956) 702-6102.
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2024-06826 Filed 3-29-24; 8:45 am]
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