[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Notices]
[Pages 72558-72559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28344]


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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(l)(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(l)(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 May 27, 2009. 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 300E. 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 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 Categorical Exclusion (CE) and 
Environmental Assessments (EAs), issued in connection with the 
projects, and in other documents project records. The CE, EAs, Findings 
of No Significant Impacts (FONSIs) and other project records for the 
listed projects are available by contacting the FHWA or TxDOT at the 
addresses provided above and can be viewed and downloaded from the 
following Web site: http://www.635project.com.
    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 
(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 [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)].

[[Page 72559]]

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. 1251-1377 
(Section 404, Section 401, Section 402, 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: Interstate Highway 635 (I-635) from Luna Road 
to U.S. Highway 75 (US 75) in Dallas County. Project Reference Number: 
TxDOT CSJ: 2374-01-032, 2374-01-068, and 2374-07-046.
    Project Type: The project will: (1) Reconstruct and widen the 
existing I-635 main lanes; (2) replace the existing I-635 high 
occupancy vehicle (HOV) lane in both directions with two managed 
(tolled) lanes in each direction from east of Luna Road to between 
Josey Lane and Webb Chapel Road; (3) add three subsurface managed HOV 
lanes in both directions from between Josey Lane and Webb Chapel Road 
to west of U.S. 75; and (4) construct two- and three-lane frontage 
roads to link the existing discontinuous frontage roads in each 
direction. Project Length: Approximately 8.89 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 I-635. Final agency actions taken under: NEPA, FAHA, CAA, Section 
106, ESA, MBTA, ARPA, AHPA, Civil Rights Act, Section 404, Section 401, 
E.O. 11990, and E.O. 11514. NEPA Document: EA approved on May 1, 2003, 
FONSI issued on April 29, 2004, and was reaffirmed on June 20, 2008.
    2. Project Location: I-635 at U.S. 75 in Dallas County. Project 
Reference Number: TxDOT CSJ: 5800-00-915. Project Type: The project 
will provide interim eastbound and westbound entrance and exit ramps, 
and toll gantries on the I-635 interim HOV/managed (tolled) lanes. 
Project Length: Approximately two 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 I-635. 
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: CE approved on June 19, 2008.
    3. Project Location: Loop 12/I-35E from Spur 408 to I-635 in Dallas 
County. Project Reference Number: TxDOT CSJ: 0196-03-137; 0581-02-077, 
121, 124, 128; 0094-03-060. Project Type: The project will: (1) 
Reconstruct and widen the existing six main lanes to eight main lanes; 
(2) reconstruct and widen the existing two-lane discontinuous frontage 
roads to four to six lanes; (3) add new frontage roads to link the 
discontinuous frontage roads; (4) construct a two-to three-lane 
reversible managed (tolled) HOV facility; and (5) construct two three-
lane elevated direct connections between the Loop 12/I-35E interchange 
and the I-635 interchange. Project Length: Approximately 12.9 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 Loop 12 and I-35E. Final agency actions taken under: 
NEPA, FAHA, CAA, Section 4(f), Section 106, ESA, MBTA, ARPA, AHPA, 
Civil Rights Act, Section 404, Section 401, E.O. 11990, and E.O. 11514. 
NEPA Document: EA approved on July 3, 2002, FONSI issued on December 
11, 2002, and was reaffirmed on June 24, 2008.

(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: November 20, 2008.
Salvador Deocampo,
District Engineer.
[FR Doc. E8-28344 Filed 11-26-08; 8:45 am]
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