[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Page 56493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23223]



[[Page 56493]]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on State Loop 375 From 
Interstate Highway 10 to the Franklin Mountains State Park 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 a proposed highway project, upgrades 
to Texas State Loop 375 from Interstate Highway 10 to 0.479 Mile East 
of the Tom Mays Unit of the Franklin Mountains State Park Entrance 
(Loop 375 Transmountain West Project), in El Paso County 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 be barred 
unless the claim is filed on or before March 12, 2012. 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: Mr. Gregory Punske, District Engineer, 
Federal Highway Administration, 300 East 8th Street, Rm. 826, Austin, 
Texas 78701; telephone: 512-536-5960, fax: 512-536-5990 e-mail: 
[email protected]. The FHWA Texas Division Office's normal 
business hours are 8 a.m. to 5 p.m. (central time). You may also 
contact Ms. Julia M. Brown, P.E., Interim District Engineer, Texas 
Department of Transportation, El Paso District, 13301 Gateway Blvd. 
West, El Paso, Texas, 79928-5410; telephone: (915) 790-4203.

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: Upgrades to Texas State Loop 375 from Interstate 
Highway 10 (IH-10) to 0.479 Mile East of the Tom Mays Unit of the 
Franklin Mountains State Park Entrance (Loop 375 Transmountain West 
Project) in El Paso County. The proposed improvements include widening 
the roadway to a four-lane divided freeway with two-lane frontage roads 
in each direction, grade-separated intersections at Northwestern Drive, 
Resler Drive, future Plexxar Road, and future Paseo Del Norte Road, and 
two direct connector ramps from Texas State Loop 375 westbound to IH-10 
eastbound and from IH-10 westbound to Texas State Loop 375 eastbound. 
At approximately 0.5 mile east of the future Paseo del Norte Road, the 
roadway would transition to a four-lane divided section that matches 
the existing configuration of Loop 375 just east of the entrance to the 
Tom Mays Unit of the Franklin Mountains State Park. The project will 
require approximately 41.2 acres of additional right of way and would 
not result in residential or commercial displacements, with the 
exception of the relocation of two business signs.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Assessment 
(Final EA) for the project, approved on February 11, 2011, in the FHWA 
Finding of No Significant Impact (FONSI) issued on August 17, 2011, and 
in other documents in the FHWA administrative record. The Final EA, 
FONSI, 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. The Final EA, EA 
Errata, FONSI and Public Hearing Summary are available online at http://www.txdot.gov/project_information/projects/el_paso/loop_375_west.htm.
    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]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 USC 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 [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)]; 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 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: September 6, 2011.
Janice W. Brown,
Division Administrator, Austin, Texas.
[FR Doc. 2011-23223 Filed 9-12-11; 8:45 am]
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