[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51760-51763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21719]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway 
Projects in Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway 
Administration (FHWA), U.S. Department of Transportation.

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

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SUMMARY: Notice is hereby given that TxDOT and 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 environmental review, consultation, and other actions required by 
applicable Federal environmental laws for these projects are being, or 
have been, carried-out by TxDOT pursuant to statute and a Memorandum of 
Understanding dated December 16, 2014, and executed by FHWA and TxDOT. 
The actions relate to various proposed highway projects in the State of 
Texas. Those actions grant licenses, permits, and approvals for the 
projects.

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 TxDOT and Federal agency actions on the highway project will be 
barred unless the claim is filed on or before March 11, 2019. If the 
Federal law that authorizes judicial review of a claim provides a time 
period of less than 150 days for filing such a claim, then that shorter 
time period still applies.

FOR FURTHER INFORMATION CONTACT: 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.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: This notice announces actions taken by TxDOT 
and Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The environmental review, consultation, and other actions 
required by applicable Federal environmental laws for these projects 
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.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Categorical Exclusion (CE) 
or Environmental Assessment (EA) issued in connection with the projects 
and in other key project documents. The CE or EA, and other key 
documents for the listed projects are available by contacting TxDOT at 
the address provided above.
    This notice applies to all TxDOT 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], 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 [54 U.S.C. 300101 et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C. 
312501 et seq.]; 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.)

[[Page 51761]]

    The projects subject to this notice are:
    1. IH 30 from Bass Pro Drive to Dalrock Road in Dallas and Rockwall 
Counties, Texas. The proposed improvements would consist of the 
construction of a continuous six-lane frontage road system crossing 
Lake Ray Hubbard along IH 30 in Garland and Rowlett, Texas. The 
improvements also include the construction of a new bridge for Bayside 
Drive, a southbound Dalrock Bypass to eastbound IH 30 frontage road, 
the reconstruction of the interchange at Dalrock Road, and associated 
ramp modifications. The proposed project would consist of three 
frontage road lanes in each direction with two 12-foot inside travel 
lanes and one outside 14-foot shared use lane with curb and gutter and 
associated entrance and exit ramp alignment modifications. An 8-foot 
sidewalk would be constructed along the westbound outer lane of the 
frontage road for pedestrian accommodation. A 12-foot shared-use path 
would be constructed along the eastbound outer frontage road lane for 
both bicyclists and pedestrian accommodation. The length of the 
proposed project is approximately 2.51 miles. The purpose of the 
proposed project is to reduce traffic congestion, improve mobility and 
enhance safety in the project area. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are described 
in the documentation supporting the Categorical Exclusion (CE) 
Determination approved on September 7, 2018, and other documents in the 
TxDOT project file. The CE Determination and other documents are 
available by contacting TxDOT at the address provided above or the 
TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150; 
telephone: (214) 320-4480.
    2. U.S. 281 from FM 3248 to FM 1421 in Cameron County. The proposed 
project would widen U.S. 281 within the described limits from two to 
four lanes, with intermittent right-turn lanes and dedicated center 
left-turn lanes at major intersections. The proposed project is 
approximately 5.2 miles in length, and the purpose of the project is to 
improve mobility and increase the operational efficiency of US 281. The 
actions by TxDOT and Federal agencies and the laws under which such 
actions were taken are described in the Final Environmental Assessment 
(EA) approved on December 10, 2015, the Finding of No Significant 
Impact (FONSI) issued on December 10, 2015, and other documents in the 
TxDOT project file. The EA, FONSI and other documents in the TxDOT 
project file are available by contacting TxDOT at the address provided 
above or the TxDOT Pharr District Office at 600 W U.S. Expressway 83, 
Pharr, TX 78577-1231; telephone: (956) 702-6102. The EA and FONSI can 
also be viewed and downloaded from the following website: https://www.txdot.gov/inside-txdot/projects/studies/pharr/us281-military.html.
    3. U.S. 83 Relief Route at La Joya/Penitas from 0.85 Mile East of 
FM 886 (El Faro Road) to 0.28 Mile West of Showers Road, Hidalgo 
County. The ultimate proposed project consists of four main lanes, with 
two 12-foot main lanes in each direction with 4-foot wide inside 
shoulder and 10-foot wide outside shoulder. Additional elements include 
frontage roads consisting of two 12-foot wide lanes in each direction 
with 4-foot wide inside shoulder and 10-foot wide outside shoulder 
(Phase I); three overpasses; controlled access ramps providing 
connectivity between frontage roads and main lanes, and direct 
connectors between existing U.S. 83 and the proposed U.S. 83 Relief 
Route. The project length is approximately 9.24 miles. The purpose of 
the proposed project is to reduce congestion, improve mobility and 
safety, and improve corridor connectivity. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken are 
described in the Final Environmental Assessment (EA) approved on 
February 3, 2015, the Finding of No Significant Impact (FONSI) issued 
on February 3, 2015, and other documents in the TxDOT project file. The 
EA, FONSI and other documents in the TxDOT project file are available 
by contacting TxDOT at the address provided above or the TxDOT Pharr 
District Office at 600 W U.S. Expressway 83, Pharr, TX 78577-1231; 
telephone: (956) 702-6102.
    4. FM 494 (Shary Road) from SH 107 to FM 1924 (Mile 3 North Road), 
Hidalgo County. The proposed project would widen and reconstruct FM 494 
(Shary Road) for a distance of approximately 4.4 miles within the 
described limits. The proposed project would provide a roadway with 
four 12-foot wide travel lanes, two 10-foot wide shoulders, and a 16-
foot wide continuous left turn lane within a proposed 120-foot wide 
right-of-way. The purpose of the proposed project is to improve 
mobility, provide pedestrian accommodations, and complete the roadway 
network. The actions by TxDOT and Federal agencies and the laws under 
which such actions were taken are described in the Final Environmental 
Assessment (EA) approved on April 26, 2017, the Finding of No 
Significant Impact (FONSI) issued on April 26, 2017, and other 
documents in the TxDOT project file. The EA, FONSI, and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Pharr District Office at 600 W U.S. 
Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102. The EA 
and FONSI can also be viewed and downloaded from the following website: 
https://www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings/pharr/051217.html.
    5. Owassa Road from Jackson Road to I-69C, Hidalgo County. The 
proposed project involves widening the existing facility to a four-lane 
major collector, comprising an 11-foot inside travel lane in each 
direction, a 14-foot shared-use outside lane in each direction, a 12-
foot continuous center left-turn lane, and five-foot sidewalks on each 
side of the roadway. The project length is 1.1 miles. The project 
purpose is to correct existing design deficiencies and allow for a more 
continual flow of traffic than currently exists, as well as to improve 
the existing drainage system. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in the 
Final Environmental Assessment (EA) approved on December 15, 2015, the 
Finding of No Significant Impact (FONSI) issued on December 15, 2015, 
and other documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Pharr District Office at 600 
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102.
    6. Mile 6 West Road from Mile 9 North to SH 107, Hidalgo County. 
The proposed project would widen the existing roadway from two to four 
lanes for a distance of 7.5 miles. The two mile urban section, from 
Mile 9 North to Mile 11 North, would consist of an urban curb and 
gutter section with four 12-foot wide travel lanes (two in each 
direction,) a 14-foot continuous center left turn lane, 10-foot 
shoulders, six-foot wide sidewalks on both sides of the road and a 
storm sewer drainage system. The remaining 5.5 mile rural section, from 
Mile 11 North to SH 107, would accommodate four 11-foot travel lanes 
(two in each direction), center turn lane at intersections, and 8-foot 
shoulders. The project is proposed to address current and projected 
transportation demands, facility deficiencies, and to improve safety. 
The actions by TxDOT and Federal agencies and the laws under which such 
actions were taken are described in the Final

[[Page 51762]]

Environmental Assessment (EA) approved on December 15, 2015, the 
Finding of No Significant Impact (FONSI) issued on December 15, 2015, 
and other documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Pharr District Office at 600 
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956) 702-6102.
    7. Liberty Boulevard from U.S. 83 to FM 2221, Hidalgo County. The 
proposed project involves construction of a 69-foot wide five lane 
urban roadway consisting of a 14-foot wide continuous center turn lane, 
two 12-foot wide inside travel lanes, two 14-foot wide outside shared 
use lanes, and a five foot wide sidewalk on the west side of the 
roadway from U.S. 83 to Mile 3 Road (Phase I), and a 44-foot wide rural 
roadway consisting of two 12 foot wide travel lanes and two 10-foot 
wide shoulders from Mile 3 Road to FM 2221 (Phase II). The length of 
the proposed project is approximately 6.2 miles. The purpose of the 
proposed project is to develop long-term transportation improvements 
along this corridor and in the region, and to alleviate congestion and 
improve circulation. The actions by TxDOT and Federal agencies and the 
laws under which such actions were taken are described in the Final 
Environmental Assessment (EA) approved on September 29, 2015, the 
Finding of No Significant Impact (FONSI) issued on September 29, 2015, 
and other documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Pharr District Office at 600 
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
    8. Dicker Road from Spur 115 (23rd Street) to FM 2061 (South 
Jackson Road), Hidalgo County. The proposed project involves widening 
Dicker Road from two lanes with roadside ditches to a curb and gutter 
section with two 12-foot wide travel lanes, two 14-foot wide outside 
shared use lanes, and a 14-foot wide continuous left-turn lane. The 
length of the proposed project is 2.56 miles. The project is proposed 
to reduce congestion and enhance safety by accommodating projected 
traffic volumes. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Final 
Environmental Assessment (EA) approved on January 25, 2016, the Finding 
of No Significant Impact (FOSNI) issued on January 25, 2016, and other 
documents in the TxDOT project file. The EA, FONSI, and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Pharr District Office at 600 W U.S. 
Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
    9. Mile 3 North Road from FM 492 to FM 2221 in Hidalgo County. The 
proposed project involves: Widening and reconstructing the existing 
Mile 3 North Road to a four lane roadway from FM 492 to Tom Gill Road 
(Section I), a distance of 3.5 miles; extending Mile 3 North Road as a 
two lane roadway on new location from Tom Gill Road to FM 2221 (Section 
II), a distance of 2.5 miles; realigning the FM 492 (Goodwin Road) 
intersection; and providing a new location drainage outfall. The 
project is located partially in Pe[ntilde]itas, Texas and the remainder 
is in Hidalgo County, Texas jurisdiction. The purpose of the project is 
to improve mobility and drainage, as well as enhance the local and 
regional transportation network. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are described 
in the Final Environmental Assessment (EA) approved on April 7, 2017, 
the Finding of No Significant Impact (FONSI) issued on April 7, 2017, 
and other documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Pharr District Office at 600 
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
    10. FM 2220 (Ware Road) from Auburn Avenue (Mile 5) to FM 1924 
(Mile 3/Buddy Owens), Hidalgo County. The proposed project will widen 
and reconstruct the rural roadway to a 101-foot wide urban roadway with 
six 11.5-foot wide travel lanes, two eight foot wide shoulders, a 14-
foot wide raised median with directional openings, and five foot wide 
sidewalks on both sides of the roadway within a 120 foot right-of-way. 
The project length is two miles. The purpose of the proposed project is 
to reduce congestion, improve mobility, enhance safety and provide 
improved traffic flow. The actions by TxDOT and Federal agencies and 
the laws under which such actions were taken are described in the Final 
Environmental Assessment (EA) approved on September 29, 2015, the 
Finding of No Significant Impact (FONSI) issued on September 29, 2015, 
and other documents in the TxDOT project file. The EA, FONSI, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Pharr District Office at 600 
W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-6102.
    11. SH 365 from FM 1016/Conway Avenue to U.S. 281/Military Highway, 
Hidalgo County. The proposed project involves construction of an 
interim four-lane divided controlled access toll facility, with an 
ultimate facility consisting of six travel lanes divided by a flushed 
median with concrete barrier. The 16.53 mile long proposed toll 
facility would be constructed on new location within a typical 300-foot 
right-of-way, varying from 160- to 400-foot. Also included are non-toll 
improvements along U.S. 281/Military Highway and a 0.70 mile long one-
lane connector to the Pharr Border Safety Inspection Facility. The 
purpose of the proposed facility is to improve east-west mobility and 
interconnectivity to distribute traffic between existing and planned 
border crossings; to reduce community disruption south of I-2/U.S. 83 
associated with increased freight movement; and address safety concerns 
within the arterial and local street network. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken are 
described in the Final Environmental Assessment (EA) approved on July 
2, 2015, the Finding of No Significant Impact (FONSI) issued on July 2, 
2015, and other documents in the TxDOT project file. The EA, FONSI, and 
other documents in the TxDOT project file are available by contacting 
TxDOT at the address provided above or the TxDOT Pharr District Office 
at 600 W U.S. Expressway 83, Pharr, TX 78577-1231; telephone: (956)702-
6102.
    12. Interstate Highway (IH) 635 (LBJ Freeway--East Section) from 
U.S. 75 to IH 30 in Dallas County. The proposed improvements would 
include the addition of one 12-foot general purpose lane in each 
direction for a total of ten general purpose lanes. The proposed 
project would also include the addition of one managed lane in each 
direction, located between the eastbound and westbound general purpose 
lanes in the median from east of U.S. 75 to Royal Lane/Miller Road for 
a total of four manage lanes, and the addition of one express lane in 
each direction, located in the median between the eastbound and 
westbound general lanes from Royal Lane/Miller Road to north of I-30 
interchange for a total of four express lanes. Two and three lane 
frontage roads would be added to link the non-continuous frontage roads 
in each direction and reconstruct the existing frontage roads to 
accommodate other corridor improvements. All arterial street 
overcrossings and undercrossings

[[Page 51763]]

would be reconstructed. The interchange at IH 30 and IH 635 would also 
be reconstructed. The length of the proposed project is approximately 
11 miles. The purpose of the proposed project is to provide traffic 
congestion relief on the IH 635 facility and on the surrounding 
arterial street system. The actions by TxDOT and Federal agencies and 
the laws under which such actions were taken are described in the Final 
Environmental Assessment (EA) approved on January 30, 2003, Finding of 
No Significant Impact (FONSI) issued on January 30, 2003 and other 
documents in the TxDOT project file. The most recent project 
reevaluation was approved on April 24, 2017. The EA and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Dallas District Office at 4777 E 
Highway 80, Mesquite, TX 75150; telephone: (214) 320-4480.

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

    Issued on: October 1, 2018.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2018-21719 Filed 10-11-18; 8:45 am]
 BILLING CODE 4910-22-P