[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Page 42892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6525]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on State Highway 45SE in 
Texas

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

ACTION: Notice of Limitation on claims for Judicial Review of Actions 
by FHWA and Other Federal Agencies.

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SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, State 
Highway 45 Southeast (SH 45SE), south of Austin, beginning at I-35 and 
heading east to SH 130/US 183 in Travis and Hays Counties in the State 
of Texas. Those actions grant licenses, permits, and approvals for the 
project.

DATES: By this notice, the FHWA 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 barred unless 
the claim is filled on or before January 24, 2007. If the Federal law 
that authorizes judicial review of a claim provides a time period for 
less than 180 days for filing such claim, then that shorter time period 
still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Salvador Deocampo, District 
Engineer, Federal Highway Administration, 300 E. 8th Street, Rm. 826, 
Austin, Texas 78701; telephone: (512) 536-5950; e-mail 
[email protected]. The FHWA Texas Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. You may also contact Ms. 
Dianna Noble, Texas Department of Transportation, 125 E. 11th Street, 
Austin, Texas 78701; telephone (512) 416-2734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Texas: State Highway 45 Southeast (SH 45SE), south of 
Austin beginning at I-35 and heading east to SH 130/US 183; in Travis 
and Hays Counties in the State of Texas. The project will be an 
approximately seven-mile long, six-lane tollway with grade separations 
at all intersecting roadways and no frontage roads (i.e. a fully 
access-controlled facility). The proposed highway will be on new 
alignment. The actions by the Federal agencies, and the laws under 
which such actions were taken, are described in the Final Environmental 
Impact statement (FEIS) for the project, approved on December 8, 2003, 
in the FHWA Record of Decision (ROD) issued on February 5, 2004, in the 
revised ROD issued on June 26, 2006, and in other documents in the FHWA 
administrative record. The FEIS, ROD, and other documents in the FHWA 
administrative record file are available by contacting the FHWA or the 
Texas Department of Transportation at the addresses provided above. 
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].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
section 1536], 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)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; 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).
    8. Executive Orders: 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. 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 July 17, 2006.
Salvador Deocampo,
District Engineer, Austin, Texas.
[FR Doc. 06-6525 Filed 7-27-06; 8:45 am]
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