[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43274-43276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6578]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
Texas

AGENCY: Federal Highway Administration (FHWA), DOT.

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(1)(1). The actions relate to various proposed highway projects in 
the State of Texas. Those actions grant licenses, permits, and 
approvals for the projects.

DATES: By this notice, the FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(1)(1). A claim seeking judicial review 
of the Federal agency actions on any of the listed highway projects 
will be barred unless the claim is filed on or before January 29, 2007. 
If the Federal law that authorizes judicial review of a claim provides 
a time period of less than 180 days for filing such claim, then that 
shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Salvador Deocampo, District Engineer, 
Texas Division, Federal Highway Administration, 826 Federal Building 
Room 826 300 E. 8th Street Austin, Texas 78701, 8 a.m. to 5 p.m. Monday 
through Friday, 512-536-5950, [email protected]. Ms. 
Dianna Noble, P.E., Director Environmental Affairs Division, Texas 
Department of Transportation, 118 E. Riverside, Austin, Texas, 78704; 
512-416-2734; e-mail: [email protected]. Texas Department of 
Transportation normal

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business hours are 8 a.m. to 5 p.m. (central time) Monday through 
Friday.

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 highway projects in the State 
of Texas that are listed below. The actions by the Federal agencies on 
the projects, and the laws under which such actions were taken, are 
described in the documented environmental assessments (EAs), issued in 
connection with the projects, and in other documents in the FHWA 
project record for the project. The EA and other documents from the 
FHWA project record files for the listed projects are available by 
contacting the FHWA or TxDOT at the addresses provided above.
    This notice applies to all Federal agency decisions on the listed 
projects as of the issuance date of this notice and all laws under 
which such actions were taken, including but not limited to:
    I. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109].
    II. Air: Clean Air Act (CAA), 42 U.S.C. 7401-7671(q).
    III. Land: Section 4(f) of the Department of Transportation Act of 
1966 (4f) [49 U.S.C. 303].
    IV. Wildlife Endangered Species Act (ESA) [16 U.S.C. 1531-1544 and 
Section 1536], Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703-712].
    V. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended (106)[16 U.S.C. 470(f)et 
seq.]; Archeological Resources Protection Act of 1977 (ARPA) [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act (AHPA) [16 
U.S.C. 469-469(c)].
    VI. Social and Economic: Civil Rights Act of 1964 (Civil Rights) 
[42 U.S.C. 2000(d)-2000(d)(1)].
    VII. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1337 (Section 404, Section 401, Section 319); Rivers and Harbors Act of 
1899 (RHA), 33 U.S.C. 401-406.
    VIII. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 
11988 Floodplain Management; E.O. 11514 Protection and Enhancement of 
Environmental Quality.
    The projects subject to this notice are:
    1. Project Location: City of Dallas, Dallas County, Interstate 
Highway (IH)-30 and IH-35East (IH-35E). Project Reference Number: Texas 
Department of Transportation (TxDOT) CSJ: 0009-11-181, etc. Project 
Type: Widen and Reconstruct Roadway near downtown Dallas with a 2-Lane 
Reversible High Occupancy Vehicle/Managed (HOV/M), 12 freeway lanes (6 
in each direction), and frontage roads: 2 or 3 lanes in each direction. 
Project Length: Approximately 11 miles. General Purpose: To improve 
safety and traffic operations and to reduce congestion along IH-30, IH-
35E and the interchange of IH-30 and IH-35E near downtown Dallas. Final 
agency actions taken under: NEPA, FAHA, CAA, Section 4(f), Section 106, 
ESA, MBTA, ARPA, AHPA, Civil Rights Act, RHA, Section 401, E.O. 11990, 
and E.O. 11514. NEPA Document: Environmental Assessment (EA) & Section 
4(f) evaluation/Finding Of No Significant Impact (FONSI) issued July 
28, 2005. Document available at: http://www.projectpegasus.org/.
    2. Project Location: City of Dallas, Dallas County, Spur 366 
(Woodall Rogers) from IH-35E to Beckley Avenue/Singleton Boulevard. 
Project Reference Number: TxDOT CSJ: 0196-07-018. Project Type: 
Extension of existing roadway near the northern boundary of The City of 
Dallas's central business district. Project Length: Approximately one 
(1) mile. General Purpose: To reduce traffic congestion, improve 
mobility, improve design deficiencies, and improve system linkage. 
Final agency actions taken under: NEPA, FAHA, CAA, ESA, MBTA, ARPA, 
AHPA, Civil Rights Act, Section 404 [United States Army Corps of 
Engineers (USACE) Nationwide Permit Number (NWP)14], RHA, Section 401, 
E.O. 11990, and E.O. 11514. NEPA document: EA/FONSI issued July 20, 
2005. Document available at: http://www.projectpegasus.org/wre.htm.
    3. Project Location: Denton County, FM 2499, from FM 407 to FM 2181 
(Swisher Road). Project Reference Number: TxDOT CSJ: 2681-01-009. 
Project Type: Construct a four lane divided urban arterial on new 
location. Project Length: Approximately four and seven tenths (4.7) 
miles. General Purpose: To reduce traffic congestion, increase people 
and goods-carrying capacity within the project area, and improve system 
linkage. Final agency actions taken under: NEPA, FAHA, CAA, Section 
4(f), Section 106, ESA, MBTA, ARPA, AHPA, Civil Rights Act, Section 404 
(USACE NWP14), Section 401, E.O. 11990, and E.O. 11514. NEPA Document: 
EA & Section 4(f) evaluation/FONSI issued June 6, 2005.
    4. Project Location: City of Dallas, Dallas County, Loop 12, from 
W. Lawther Drive to east of Goforth Drive. Project Reference Number: 
TxDOT CSJ: 0353-05-084. Project Type: Raise existing three lanes in 
each direction roadway and bridges out of the 100 year floodplain. 
Project Length: Approximately two and seven tenths miles (2.7). General 
Purpose: To improve bridge and roadway deficiencies. Final agency 
actions taken under: NEPA, FAHA, CAA, ESA, MBTA, ARPA, AHPA, Civil 
Rights Act, Section 404 (USACE NWP 3 and 25), Section 401, and E.O. 
11514. NEPA Document: EA/FONSI issued November 29, 2005.
    5. Project Location: State Highway (SH) 121 from 0.23 miles West of 
Business SH 121 to East of MacArthur Boulevard in the Counties of 
Dallas and Denton. Project Reference Number: TxDOT CSJ: 3547-01-001, 
etc. Project Type: The project will be for tolling of approximately two 
(2) miles of a 6 lane (3 in each direction) controlled access road with 
three lane frontage roads in each direction. The project will be 
constructed within existing right-of-way. Project Length: Approximately 
two (2) miles. General Purpose: The project will improve system linkage 
and mobility in the area in response to current and future traffic 
demand needs and development along SH 121. Final agency actions taken 
under: NEPA, FAHA, CAA, ESA, MBTA, ARPA, AHPA, Civil Rights Act, 
Section 401, E.O. 11990, and E.O. 11514. NEPA Document: EA/FONSI issued 
April 14, 2006. Document available at: http://www.keepitmovingdallas.com.
    6. Project Location: State Highway (SH) 121 from east of MacArthur 
Boulevard to the Dallas North Tollway in the Counties of Denton and 
Collin. Project Reference Number: TxDOT CSJ: 0364-03-065, etc. Project 
Type: The project will be for tolling of 11 miles of a 6 lane (3 in 
each direction) controlled access road with 3 lanes of frontage roads 
in each direction. Project Length: Approximately 11 miles. General 
Purpose: The project will improve system linkage and mobility in the 
area in response to current and future traffic demand needs and 
development along SH 121. Final agency actions taken under: NEPA, FAHA, 
CAA, Section 106, ESA, MBTA, ARPA, AHPA, Civil Rights Act, Section 404 
(USACE NWP14), Section 401, E.O. 11990, and E.O. 11514. NEPA Documents: 
Project was originally three NEPA documents done for sections of SH 121 
with logical termini and were found to still be valid on on April 14, 
2006. Actual EA/FONSIs were determined on April 13, 1990 (section from 
east of MacArthur Blvd. East to just east of IH 35E), November 11, 1991 
(section from East of IH35E to FM 423) and on September 9, 2005 
(section from FNM 243 to DNT). Document available at: http://www.keepitmovingdallas.com.


[[Page 43276]]


(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 21, 2006.
Salvador Deocampo,
District Engineer.
[FR Doc. 06-6578 Filed 7-28-06; 8:45 am]
BILLING CODE 4910-22-M