[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Pages 58381-58382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22548]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on State Highway 288 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, State 
Highway 288, from (US) 59 south of downtown Houston, Harris County to 
County Road (CR) 60 in Brazoria County, 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 20, 2014. 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: 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: State Highway (SH) 288 from (US) 59 south of 
downtown Houston, Harris County to County Road (CR) 60 in Brazoria 
County. The project will be a 41.8 km (26 mi) long. It will begin at US 
59 in Harris County and then proceed south through Brazoria County and 
end at CR 60. The proposed improvements will be constructed in phases. 
The interim phase (Phase 1) of the project will involve the 
construction of two toll lanes from US 59 to State Highway (SH) 6 and 
direct connector (DC) improvements at Beltway (BW) 8, new overpasses at 
selected, existing at-grade intersections (part of the toll facility) 
and some ramp and frontage road improvements. The ultimate project 
(Phase 2) will add two additional toll lanes from US 59 to SH 6, 
providing a total of four toll lanes (two in each direction); add one 
additional general-purpose lane in each direction from Interstate 
Highway (IH) 610 to BW 8, resulting in a total of four general-purpose 
lanes in each direction; and will extend four toll lanes from SH 6 
southward to CR 60. Direct-connector improvements at IH 610 and BW 8, 
and new overpasses at selected, existing at-grade intersections (part 
of the toll facility) will be constructed during the ultimate phase of 
the project. If funding becomes available, the ultimate (Phase 2) 
configuration will be constructed along with the interim (Phase 1). The 
purpose of the project is to is to alleviate congestion along the SH 
288 corridor from US 59 to CR 60 and to improve access to the Texas 
Medical Center.
    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, approved for further processing on January 23, 2013, 
in the FHWA Finding of No Significant (FONSI) issued on May 23, 2013, 
and in other documents in the FHWA project files. The EA, FONSI, and 
other documents in the FHWA project 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 following Web site: http://www.txdot.gov/inside-txdot/projects/studies/houston/sh288.html.
    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. 
4321-4335]; Federal-Aid Highway Act [23 U.S.C. 109].

[[Page 58382]]

    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]; Uniform Relocation and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 4601-4655].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544] 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)-(ll)]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 
4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1387; Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 13112 
on Invasive Species, E.O. 12898 on Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 13166 Improving Access to Services for Persons with 
Limited English Proficiency (LEP).

(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 9, 2013.
Gregory S. Punske,
District Engineer.
[FR Doc. 2013-22548 Filed 9-20-13; 8:45 am]
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