[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48586-48587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19883]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on United States Highway 
77

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. Sec.  
139(l)(1). The actions relate to a proposed highway project, United 
States (US) 77, extending from Interstate Highway 37 (IH 37) in Corpus 
Christi, Texas to US 83 in Harlingen, 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 February 11, 2013. 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, P.E., District 
Engineer, District B (South), Federal Highway Administration, 300 East 
8th Street, Room 826, Austin, Texas 78701; telephone: (512) 536-5960; 
email: [email protected]. The FHWA Texas Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. (central time) Monday through 
Friday.
    You may also contact Mr. Carlos Swonke, Environmental Affairs 
Division, Texas Department of Transportation, 118 E. Riverside Drive, 
Austin, Texas 78704; telephone: (512) 416-2734; email: 
[email protected]. The 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 following highway project in 
the State of Texas: United States highway (US) 77 extending from 
Interstate Highway 37 (IH 37) in Corpus Christi, Texas to US 83 in 
Harlingen, Texas. The proposed US 77 Upgrade Project area is 
approximately 122 miles in length and is defined by its northern 
logical terminus at the interchange of US 77 and IH 37 in Corpus 
Christi, Texas to the interchange of US 77 and US 83 in Harlingen, 
Texas at its southern terminus. The proposed project consists of 
upgrading the mainlanes of existing US 77 to a controlled access 
facility that meets Interstate standards, along with new location 
relief routes around Driscoll and Riviera. The typical section is 
anticipated to remain a four-lane divided roadway for the entire 
project length. In select locations, the four main lanes would be 
supplemented by access roads, overpasses, and interchanges to 
facilitate local access. The purpose of the proposed project is to 
improve safety, mobility, and continuity within the US 77 Upgrade 
Project corridor. The actions by the Federal agencies, and the laws 
under which such actions were taken, are described in the Environmental 
Assessment (EA) for the project, dated June 2012, in the FHWA Finding 
of No Significant Impact (FONSI) issued on July 10, 2012 and in other 
documents in the FHWA project technical files. The EA, FONSI and other 
documents in the FHWA project technical file are available by 
contacting the FHWA or the Texas Department of Transportation at the 
addresses provided above. The FHWA EA and FONSI can be viewed and 
downloaded from the TxDOT Web site at http://www.txdot.gov/project_information/projects/corpus_christi/us77_upgrade.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 et seq.]; 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 [23 U.S.C. 138 and 49 U.S.C. 303].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)]; and, 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]; 
Archaeological Resources Protection Act of 1979 [16 U.S.C. 470]; 
Archaeological and Historical Preservation Act [16 U.S.C. 469].
    6. Social and Economic: Title VI of the Civil Rights Act of 1964 
[42 U.S.C. 2000(d) et seq.]; Farmland Protection Policy Act (FPPA) [7 
U.S.C. 4201-4209].

[[Page 48587]]

    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1342]; Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604].
    8. Executive Orders: E.O. 11990 Protections 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. 11514 Protections and Enhancement of Environmental 
Quality.

(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: August 8, 2012.
Gregory S. Punske,
District Engineer
[FR Doc. 2012-19883 Filed 8-13-12; 8:45 am]
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