[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61822-61824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25004]


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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 
Tarrant, Dallas and Denton Counties, 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 March 10, 2013. 
If the Federal law that authorizes judicial review of a claim provides 
a time period of less than 150 days for filing such claim, then that 
shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Achille Alonzi, 
Assistant Division Administrator, Texas Division, Federal Highway 
Administration, 300 E. 8th Street, Room 826, Austin, Texas 78701; 8:00 
a.m. to 5:00 p.m. (central time) Monday through Friday, 512-536-5902; 
email: [email protected]. For Texas Department of Transportation 
(TxDOT): Mr. Carlos Swonke, Director of Environmental Affairs Division, 
Texas Department of Transportation (TxDOT), 118 E. Riverside, Austin, 
Texas 78704; 8:00 a.m. to 5:00 p.m. (central time) Monday through 
Friday, 512-416-2734; email: [email protected].

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 
a project, and the laws under which such actions were taken, are 
described in the documented environmental assessments (EAs) issued in 
connection with the project, and in other FHWA project records. The EAs 
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. This notice does not apply to the U.S. 
Army Corps of Engineering (USACE) permitting process for these 
projects, because no USACE permits have been issued for any of the 
projects to date. The laws under which Federal agency decisions were 
made on the projects listed in this notice include, but are not limited 
to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 128].
    2. Air: Clean Air Act (CAA), 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 (ESA) [16 U.S.C. 1531-1544 and 
Section 1536], Migratory Bird Treaty Act (MBTA) [16 U.S.C. 703-712].
    5. 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 1979 (ARPA) [16 
U.S.C. 470(aa)-470(11)]; Archeological and Historic Preservation Act 
(AHPA) [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 (Civil Rights) [42 
U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act 
(AIRF) [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); Rivers and Harbors Act of 
1899 (RHA), 33 U.S.C. 401-406; Safe Drinking Water Act (SDWA) [42 
U.S.C. 300(f)-300(j)(6); Emergency Wetlands Resources Act (EWRA) [16 
U.S.C. 3921, 3931]; Wetlands Mitigation (WM) [23 U.S.C. 103(b)(6)(M) 
and 133(b)(11); Flood Disaster Protection Act (FDPA) [42 U.S.C. 4001-
4128].
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 13007 Indian Sacred Sites; E.O. 13287 
Preserve America; E.O. 13175 Consultation and Coordination with Indian 
Tribal Governments; E.O. 12898 Federal Actions to Address Environmental 
Justice in Minority Populations and Low Income Populations; E.O. 13112 
Invasive Species and the Executive Memorandum on Beneficial 
Landscaping; and E.O. 13166, Improving Access to Services for Persons 
with Limited English Proficiency.
    The projects subject to this notice are:
    (1) Project location: The 10.8 mile section of Interstate Highway 
(IH) 35W North study limits extend from State Highway (SH) 114 in 
Denton County to IH 820 in Tarrant County Texas. The proposed 
improvements extend from south of SH 114 at Eagle Parkway to IH 820.
    Project reference number: TxDOT Control Section Job numbers (CSJs): 
0014-16-252, 0014-16-255, 0081-12-041 & 0081-13-904.
    Project Type: The various ultimate lane configurations of the three 
sections of the roadway are described as follows:
     From Eagle Parkway to US 81/287, the proposed project will 
consist of reconstructing and widening the roadway to a 10-lane 
facility consisting of three general purpose lanes (non-toll) in each 
direction and a barrier-separated four-lane concurrent managed (toll) 
lane facility (two lanes in each direction). The concurrent managed 
(toll) lane facility will be centered between the general purpose lanes 
(non-toll). Auxiliary lanes will be constructed between entrance and 
exit ramps along the roadway and two/three lane frontage roads in each 
direction with bicycle accommodation will be constructed. Direct 
connectors from IH 35W to SH 170 will also be constructed.
     From US 81/287 to Basswood Boulevard, the proposed project 
will consist of reconstructing and widening the roadway to a 12-lane 
facility consisting of four general purpose lanes (non-toll) in each 
direction and a barrier-separated four-lane concurrent managed (toll) 
lane facility (two lanes in each direction). The concurrent managed 
(toll) lane facility will be centered between the general purpose lanes 
(non-toll). Auxiliary lanes will be constructed between entrance and 
exit ramps along the roadway and two/three/four-lane frontage roads in 
each direction with bicycle accommodation will be constructed 
throughout this section. Direct connectors to/from US 81/287 from IH 
35W managed (toll) lanes will be constructed.
     From Basswood Boulevard to IH 820, the proposed project 
will consist of reconstructing and widening the

[[Page 61823]]

roadway to a 14-lane facility consisting of four general purpose lanes 
(non-toll) in each direction and a barrier-separated six-lane 
concurrent managed (toll) lane facility (three lanes in each 
direction). The concurrent managed (toll) lane facility will be 
centered between the general purpose lanes (non-toll). Auxiliary lanes 
will be constructed between entrance and exit ramps along the roadway 
and two/three/four-lane frontage roads in each direction with bicycle 
accommodation will be constructed throughout this section.
    The proposed project does not include improvements to the IH 35W/IH 
820 interchange. The interchange (extending from the centerline of IH 
820 to 825 feet north of Fossil Creek Boulevard) will be constructed as 
part of the IH 820 improvement project that was approved by FHWA on 
December 30, 2008.
    Final actions taken under: NEPA, FAHA, CAA, Section 106, ESA, MBTA, 
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, RHA, Section 401, AIRF, 
FPPA, SDWA, EWRA, WM, FDPA, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was 
issued by FHWA on March 19, 2012. The EA, FONSI and other documents in 
the administrative record are available by contacting the FHWA or TxDOT 
at the addresses provided above or at: http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm.
    (2) Project Location: A 5.4 mile section along IH 35W South from IH 
820 to IH 30, and includes improvements along US 287 from IH 35W to IH 
30 and along SH 121 from Riverside Drive to Belknap Street/Weatherford 
Street in downtown Fort Worth in Tarrant County Texas. The proposed 
project construction limits extend along IH 35W from just north of 
Meacham Boulevard to just north of IH 30, along SH 121 from Riverside 
Drive west to IH 35W, along US 287 from IH 35W to IH 30, and from IH 
35W west along Belknap Street and Weatherford Street to their crossing 
with the Burlington Northern Santa Fe Railroad (BNSF) in downtown Fort 
Worth. Improvements to the interchanges at IH 820 and IH 30 are not 
included in the proposed project, but improvements to the SH 121 and US 
287 interchanges are included.
    Project reference number: TxDOT CSJs: 0014-16-179 & 0014-16-268.
    Project type:
     On IH 35W from IH 820 to IH 30, the proposed project will 
consist of 8 general purpose lanes plus auxiliary lanes (non-toll), 
four/two-lanes concurrent High Occupancy Vehicles (HOV)/managed lanes 
(toll) and auxiliary lanes, four/six/eight-lanes continuous and 
discontinuous frontage road lanes (that includes auxiliary lanes near 
ramp locations and cross streets).
     Along US 287 from IH 35W to IH 30, the project will 
consist of 6 general purpose lanes (non-toll), two concurrent HOV/
managed lanes (toll) and two lanes discontinuous frontage road lanes 
(that includes two-way northbound frontage road from Cypress Street to 
4th Street).
     On SH 121 from IH 35W to Riverside Drive, the project will 
consist of 8 general purpose lanes (non-toll), continuous frontage 
roads for the length of the improvement on SH 121 and direct connectors 
will be provided to IH 35W north and south with local access to 
Belknap-Weatherford Streets.
    The proposed project does not include improvements to the IH 35W/IH 
820 interchange. The interchange (extending from the centerline of IH 
820 to 825 feet north of Fossil Creek Boulevard) will be constructed as 
part of the IH 820 improvement project that was approved by FHWA on 
December 30, 2008.
    Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section 
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, 
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, 
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 
13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) and 
Section 4(f) de minimis determination was issued by FHWA on August 24, 
2012. The EA, FONSI and other documents in the administrative record 
are available by contacting the FHWA or TxDOT at the addresses provided 
above or at: http://txdot.gov/project_information/projects/fort_worth/north_tarrant_express/environmental_studies.htm.
    (3) Project Location: The IH 35E North section from FM 2181 to US 
380 is approximately 11 miles in length located in Denton County Texas.
    Project reference number: TxDOT CSJs: 0195-03-050, 0195-03-071, 
0195-03-075, 0196-01-056 & 0196-01-074.
    Project Type: The proposed improvements include reconstruction of 
existing 4 lanes to eight mainlanes (four in each direction); two to 
four concurrent tolled HOV/managed lanes in the center median (one to 
two in each direction) of IH 35E; and two-, three- and four-lane 
continuous frontage roads in each direction along the entire project.
    Final actions taken under: NEPA, FAHA, CAA, Section 106, ESA, MBTA, 
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, 
WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was 
issued by FHWA on January 31, 2012. The EA, FONSI and other documents 
in the administrative record are available by contacting the FHWA or 
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
    (4) Project Location: The IH 35E Middle section from President 
George Bush Turnpike (PGBT) to FM 2181 is approximately 12 miles in 
length located in Denton and Dallas County Texas.
    Project reference number: TxDOT CSJs: 0196-02-068, 0196-01-096, 
0196-02-073, 0196-02-114, and 0196-03-245.
    Project Type: The proposed improvements include reconstruction of 
existing 6 lanes to eight mainlanes (four in each direction); two to 
four lane collector distributor (each direction) from PGBT to north of 
SH 121; four concurrent tolled HOV/managed lanes in the center median 
(two in each direction) of IH 35E; and two, three and four-lane 
continuous frontage roads in each direction along the entire project.
    Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section 
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, 
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, 
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 
13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) and 
approvals of Programmatic Section 4(f) Net Benefits was issued by FHWA 
on January 28, 2011, and a FONSI by the U.S. Army Corps of Engineers on 
February 2, 2011. The EA, FONSIs and other documents in the 
administrative record are available by contacting the FHWA or TxDOT at 
the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
    (5) Project Location: The IH 35E South section from IH 635 to 
President George Bush Turnpike (PGBT) is approximately

[[Page 61824]]

5 miles in length located in Dallas County Texas.
    Project reference number: TxDOT CSJs: 0196-03-138, 0196-03-180, and 
0196-03-240.
    Project Type: The proposed improvements include reconstruction of 
existing 6 lanes to eight mainlanes (four in each direction); two- to 
four-lane collector distributor (each direction) from Sandy Lake Road/
Whitlock Lane to PGBT; four concurrent tolled HOV/managed lanes in the 
center median (two in each direction) of IH 35E; and two-, three- and 
four-lane continuous frontage roads in each direction along the entire 
project.
    Final actions taken under: NEPA, FAHA, CAA, ESA, MBTA, Section 106, 
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, 
WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, E.O. 13007, E.O. 
13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was 
issued by FHWA on December 28, 2011. The EA, FONSI and other documents 
in the administrative record are available by contacting the FHWA or 
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/projects/interstate-highways/ih-35e-from-ih-635-to-us-380/schematics-and-environmental-documents.
    (6) Project Location: The SH 183 from SH 360 to IH 35E is 
approximately 8 miles in length located in Tarrant and Dallas Counties 
Texas.
    Project reference number: TxDOT CSJs: 0094-03-065, 0094-07-015, and 
0094-07-020.
    Project Type: The proposed improvements include reconstruction of 
existing six lanes to eight mainlanes (four in each direction); four to 
six concurrent tolled HOV/managed lanes (two to three in each 
direction); and two- to three-lane continuous frontage roads in each 
direction along the entire project. The design process produced 
additional mainlanes, continuous frontage roads in each direction along 
the corridor, addition of HOV/managed lanes in the center median, and 
no conversion of existing mainlanes into tolled HOV/managed lanes.
    Final actions taken under: NEPA, FAHA, CAA, Section 4(f), Section 
106, ESA, MBTA, ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, 
FPPA, SDWA, EWRA, WM, FDPA, RHA, Section 401, E.O. 11990, E.O. 11988, 
E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 and E.O. 
13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was 
issued by FHWA on February 10, 2004. The reevaluation and public 
involvement conducted thus far indicated no additional environmental 
concerns have been identified. Therefore, on April 9, 2012, FHWA 
concurred that the original FONSI issued on February 10, 2004 remains 
valid for the approved EA. The EA, FONSI and other documents in the 
administrative record are available by contacting the FHWA or TxDOT at 
the addresses provided above or at: http://www.keepitmovingdallas.com/projects/state-highways/sh-183.
    (7) Project Location: Dallas Horseshoe Project includes 
improvements along IH 30 from Sylvan Avenue to west of IH 45 and along 
IH 35E, and from 8th Street to IH 30. The project is approximately 5 
miles in length and is located in Dallas County Texas.
    Project reference number: TxDOT CSJs: 0196-03-205, 0442-02-118, 
0442-02-132, 1068-04-099, 1068-04-116, and 0009-11-226.
    Project Type: The project consists mainly of the replacement of the 
IH 30 and IH 35E bridge structures that cross the Dallas Floodway and 
the reconstruction of the IH 35E at IH 30 interchange commonly known as 
the Mixmaster. The proposed improvements would include the addition of 
general purpose lanes, collector distributor roads, access ramps, and 
direct connection ramps. Other improvements include the continuous 
frontage roads, the extension of the existing reversible HOV lane along 
IH 35E, and cross street improvements. The proposed project would also 
accommodate pedestrian and bicycle facilities. The main components of 
the proposed project are described as follows:
     IH 30 and IH 35E Bridge Replacement: The existing IH 30 
bridge structures would be replaced with four new bridge structures 
each (two structures for the mainlanes and two structures for the 
frontage roads). Each IH 30 mainlane bridge would consist of five 
travel lanes. Each frontage road bridge would include two lanes. The IH 
35E bridge structures would also be replaced with four new bridge 
structures. The IH 35E northbound bridges would consist of three travel 
lanes, two reversible HOV lanes, separated from the mainlanes by an 
outside shoulder and a concrete traffic barrier; five collector 
distributor lanes, and a sidewalk. The IH 35E southbound bridges would 
consist of four travel lanes, four collector distributor lanes, and a 
sidewalk along the outside of the collector distributor road.
     Interchange reconstruction: The Mixmaster would be 
reconstructed to include new direct connectors, collector distributor 
lanes, mainlanes, reversible HOV lanes, and extension of the IH 30 
frontage road which would include one outside lane for shared-use for 
bikes and vehicles, and a sidewalk. The existing HOV lane within the 
Mixmaster would be widened from one to two lanes and extended 
approximately 1,900 feet north to Reunion Boulevard.
     Cross street improvements proposed at Beckley Avenue, 
Riverfront Boulevard, and Colorado Boulevard. Beckley Avenue would 
include reconstruction of the existing U-turn lane, the addition of 
sidewalks on both sides of the street, and an outside shared-use lane 
to accommodate bicycle traffic which would intersect with the Coombs 
Creek Trail Extension. The proposed improvements along Riverfront 
Boulevard would include a sidewalks and outside shared-use lanes for 
bikes and vehicles. The proposed improvements along Colorado Boulevard 
include the replacement of the half cloverleaf interchange and the 
realignment of Colorado Boulevard with full reconstruction.
    Final actions taken under: NEPA, FAHA, CAA, ESA, MBTA, Section 106, 
ARPA, AHPA, NAGPRA, Civil Rights Act of 1964, AIRF, FPPA, SDWA, EWRA, 
WM, FDPA, RHA, Section 401, Supplemental Appropriations Act, 2010, Pub. 
L. No. 111-212, Sec.  405, 124 Stat. 2302, 2314 (2010), E.O. 11990, 
E.O. 11988, E.O. 13007, E.O. 13287, E.O. 13175, E.O. 12898, E.O. 13112 
and E.O. 13166.
    FHWA NEPA documents: A Finding of No Significant Impact (FONSI) was 
issued by FHWA on September 18, 2012. The EA, FONSI and other documents 
in the administrative record are available by contacting the FHWA or 
TxDOT at the addresses provided above or at: http://www.keepitmovingdallas.com/public-hearings/2012/dallas-horseshoe-project-ih30-ih35e.

(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), as amended by Moving Ahead for 
Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, Sec.  
1308, 126 Stat. 405 (2012).

    Issued on: October 4, 2012.
Achille Alonzi,
Assistant Division Administrator, Austin, Texas.
[FR Doc. 2012-25004 Filed 10-10-12; 8:45 am]
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