[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35260-35261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15030]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on MoPac (Loop 1) 
Intersections, Travis County, Texas

AGENCY: Federal Highway Administration (FHWA), U.S. DOT

ACTION: Notice of limitation on claims for judicial review of actions 
by TxDOT and Federal agencies.

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SUMMARY: On February 19, 2016, the Texas Department of Transportation 
(TxDOT) issued a notice for the approval of the Final Environmental 
Assessment (Final EA) and the Finding of No Significant Impact (FONSI) 
for the proposed highway project, MoPac (Loop

[[Page 35261]]

1) Intersections from North of Slaughter Lane to South of La Crosse 
Avenue in Travis County, Texas. This notice applies solely to actions 
by TxDOT and Federal agencies which occurred subsequent to the 
publication of the prior notice and does not apply to actions addressed 
in the prior notice.

DATES: By this notice, TxDOT 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 December 26, 2017. 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. Carlos Swonke, Environmental 
Affairs Division, Texas Department of Transportation, 125 East 11th 
Street, Austin, Texas 78701; telephone: (512) 416-2734; email: 
[email protected]. TxDOT's normal business hours are 8:00 a.m. to 
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals regarding the following highway project in the 
State of Texas: MoPac (Loop 1) Intersections, Travis County, Texas.
    This notice announces the following actions relating to the 
proposed Loop 1 Intersections project taken by TxDOT and Federal 
agencies which occurred subsequent to the publication of the prior 
notice and that are final within the meaning of 23 U.S.C. 139(l)(1): 
TxDOT's reevaluation of the Loop 1 Intersections project 
(Reevaluation); and TxDOT's effect determination and conclusion of 
informal consultation with U.S. Fish and Wildlife Service (USFWS) 
pursuant to Section 7 of the Endangered Species Act. Those actions 
grant licenses, permits, and approvals for the project.
    Subsequent to completion of the Final EA and FONSI in December 2015 
and issuance of the prior notice on February 19, 2016, TxDOT performed 
a Reevaluation to examine the potential effects of the proposed Loop 1 
Intersections project on the golden-cheeked warbler (GCW) (Setophaga 
chrysoparia), Austin blind salamander (ABS) (Eurycea waterlooensis), 
Barton Springs salamander (BSS) (Eurycea sosorum), and designated 
critical habitat for the ABS. In the Reevaluation, TxDOT concluded that 
the Loop 1 Intersections project may affect but is not likely to 
adversely affect the GCW, ABS, and BSS and that the project would 
result in no adverse modification of designated critical habitat for 
the ABS. Further, TxDOT determined that a Supplemental Environmental 
Assessment was not necessary.
    Pursuant to the Endangered Species Act, 16 U.S.C. 1531-1544, USFWS 
issued its concurrence with TxDOT's determination that the Loop I 
Intersections project may affect but is not likely to adversely affect 
the GCW, ABS, and BSS and that the project would result in no adverse 
modification of designated critical habitat for the ABS.
    The actions by TxDOT and the Federal agencies, and the laws under 
which such actions were taken, are described in the Reevaluation, 
signed on June 28, 2017, and in the USFWS concurrence letter issued on 
June 23, 2017. The Reevaluation, USFWS concurrence letter, and other 
documents in the administrative record file are available by contacting 
TxDOT at the address provided above.
    This notice applies to all TxDOT decisions and 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 U.S.C. 1531-1544 and 
Section 1536]; 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]; 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; E.O. 12372, Intergovernmental 
Review of Federal Programs.
    The environmental review, consultation, and other actions required 
by applicable Federal environmental laws for this project are being, or 
have been, carried out by TxDOT pursuant to 23 U.S.C. 327 and a 
Memorandum of Understanding dated December 16, 2014, and executed by 
FHWA and TxDOT.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: July 11, 2017.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2017-15030 Filed 7-27-17; 8:45 am]
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