[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67481-67484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27698]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION


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.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final. 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 and a 
Memorandum of Understanding dated December 16, 2014, and executed by 
FHWA and TxDOT. The actions relate to various proposed highway in the 
State of Texas. These 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 May 27, 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

[[Page 67482]]

Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: 
(512) 416-2734; email: [email protected]. TxDOT's normal business 
hours are 8 a.m.-5 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 for the following highway project in the State 
of Texas that are listed below.
    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.)

    The projects subject to this notice are:

    1. Business U.S. Highway (BU) 90-U from Interstate Highway (IH) 
610 NE to East of Mesa Road in Harris County, Texas. The project 
will widen the existing facility from a four-lane undivided rural 
roadway to a six-lane urban roadway with a continuous left turn lane 
and sidewalks. The project length is approximately 1.2 miles. The 
actions by TxDOT and Federal agencies and the laws under which such 
actions were taken are described in the Categorical Exclusion 
Determination issued on August 14, 2018 and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Houston 
District Office located at 7600 Washington Avenue, Houston, Texas 
77007; telephone (713) 802-5076.
    2. Farm to Market Road (FM) 1463 from Interstate Highway (IH) 10 
to FM 1093 in Fort Bend County, Texas. The project will widen FM 
1463 from a two-lane urban highway to a four- to six-lane divided 
facility with curb and gutter, a raised median, and sidewalks on 
both sides of the roadway. The project length is approximately 6.8 
miles. The actions by TxDOT and Federal agencies and the laws under 
which such actions were taken are described in the Categorical 
Exclusion Determination issued on July 31, 2018 and other documents 
in the TxDOT project file. The Categorical Exclusion Determination 
and other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Houston 
District Office located at 7600 Washington Avenue, Houston, Texas 
77007; telephone (713) 802-5076.
    3. FM 89 Buffalo Gap Access Management project; from near Bettes 
Lane to Rebecca Lane in Taylor County, Texas. The project will 
reconstruct and widen an approximately 1.2 mile long section of FM 
89 (Buffalo Gap Road) in Abilene, Texas. The roadway widening will 
consist of a six-lane divided section from south of US 83 to Rebecca 
Lane (north section) and a five-lane section with two-way left-turn 
lane from Rebecca Lane to near Bettes Lane (south section). This 
will include intersection improvements on frontage road/Industrial 
Blvd. for US 83/84. The actions by TxDOT and Federal agencies and 
the laws under which such actions were taken are described in the 
Final Categorical Exclusion approved on August 29, 2018, the 
Categorical Exclusion Determination issued on August 29, 2018, and 
other documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Abilene District Office at 4250 N. Clack, Abilene, Texas 
79601; telephone (325) 676-6817.
    4. FM 1110 from IH-10 to SH 20 (Alameda Ave.) in El Paso County, 
Texas. The project will widen and realign FM 1110 to provide a 
direct connection between I-10 and SH 20 near the Town of Clint, 
Texas and the City of San Elizario, Texas. The 2.76 mile long 
project will include drainage improvements, intersection 
improvements, a bridge crossing over the floodplain between Salatral 
Lateral and FM 76, and an overpass at the Union Pacific Railroad 
(UPRR) crossing. Six-foot wide sidewalks and 5-foot wide bicycle 
lanes will be constructed on each side of FM 1110. 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 October 12, 2018, the Finding of No Significant Impact 
(FONSI) issued on October 12, 2018, 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 El Paso District Office at 13301 Gateway 
Blvd. West, El Paso, TX 79928; telephone (915) 790-4340.
    5. US 277 from FM 3443 to SL 480 in Maverick County, Texas. The 
project will reconstruct and widen US 277 in Eagle Pass, Texas. The 
approximately 2.75 mile long project will also add sidewalks, dual 
use lanes to accommodate bicycles and curb and gutter drainage 
improvements. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Final 
Categorical Exclusion approved on January 26, 2017 and other 
documents in the TxDOT project file that are available by contacting 
TxDOT at the address provided above or the TxDOT Laredo District 
Office at 1817 Bob Bullock Loop, Laredo, TX 78043; telephone (956) 
712-7416.
    6. US 59 (Loop 20) from 0.33 miles west of IH35 to 0.160 miles 
west of McPherson Road Interchange in Webb County, Texas. The 
project will extend the Loop 20 mainlanes over the IH35 mainlanes 
and the Union-Pacific Railroad line and will consist of three 12-ft. 
travel lanes in each direction, a center concrete traffic barrier, 
inside and outside shoulders and appropriately placed on-off ramps. 
The project is approximately 1.25 miles long. The actions by TxDOT 
and Federal agencies and the laws under which such actions were 
taken are described in the Final Categorical Exclusion approved on 
May 18, 2017 and other documents in the TxDOT project file that are 
available by contacting TxDOT at the address provided above or the 
TxDOT Laredo District Office at 1817 Bob Bullock Loop, Laredo, TX 
78043; telephone (956) 712-7416.
    7. I-35 Eastern Frontage Road from 0.95 Mi. N. of Webb/La Salle 
County Line to 1000 Ft. South of Martinena Rd. in La Salle County, 
Texas and Webb County, Texas. The project will reconstruct 0.4 miles 
of existing I-35 eastern frontage road in La Salle County and 
construct 0.7 miles of new I-35 eastern

[[Page 67483]]

frontage road in both La Salle and Webb Counties. The total distance 
of the project is approximately 1.5 miles long. The actions by TxDOT 
and Federal agencies and the laws under which such actions were 
taken are described in the Final Categorical Exclusion approved on 
February 1, 2018 and other documents in the TxDOT project file that 
are available by contacting TxDOT at the address provided above or 
the TxDOT Laredo District Office at 1817 Bob Bullock Loop, Laredo, 
TX 78043; telephone (956) 712-7416.
    8. SH 11 from 6.19 miles east of FM 2653 S to SH 19 in Hopkins 
County, Texas. The project will rehabilitate, widen, and realign a 
portion of SH 11. The project is approximately 2.5 miles in length. 
The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Categorical 
Exclusion approved on May 23, 2017, the Categorical Exclusion 
Determination issued on May 23, 2017, and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Paris 
District Office at 1365 North Main Street, Paris, TX 75460; 
telephone (903) 737-9300.
    9. US 82 from 0.5 miles west of SH 121 to 0.5 miles east of SH 
56 in Fannin County, Texas. The project will widen the existing two 
lane rural highway to a divided four lane rural highway and 
construct overpasses, bridges and dedicated left-turn lanes at 47 
crossovers along the project. The project is approximately 19.8 
miles in length. The actions by TxDOT and Federal agencies and the 
laws under which such actions were taken are described in the Final 
Categorical Exclusion approved on May 18, 2018, and other documents 
in the TxDOT project file. The Categorical Exclusion Determination 
and other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Paris 
District Office at 1365 North Main Street, Paris, TX 75460; 
telephone (903) 737-9300.
    10. FM 2304 from Ravenscroft to FM 1626 in Travis County, Texas. 
The project will reconstruct the 2-lane roadway to a 4-lane roadway 
with a center turn lane. The project is approximately 1.14 miles in 
length. The actions by TxDOT and Federal agencies and the laws under 
which such actions were taken are described in the Final Categorical 
Exclusion approved on August 24, 2018, the Categorical Exclusion 
Determination issued on August 24, 2018, and other documents in the 
TxDOT project file. The CE determination and other documents in the 
TxDOT project file are available by contacting TxDOT at the address 
provided above or the TxDOT Austin District Office at 7901 North I-
35, Austin, TX 78753; telephone (512) 832-7000.
    11. I-35 from the Guadalupe River to the Hays/Comal County Line 
in Comal County, Texas. The project includes operational 
improvements to I-35 from the Guadalupe River to the Hays/Comal 
County Line including ramp revisions, intersection improvements, and 
conversion of frontage roads from two-way to one-way operation. The 
project is approximately 9.25 miles in length. The actions by TxDOT 
and Federal agencies and the laws under which such actions were 
taken are described in the Final Categorical Exclusion approved on 
October 9, 2018, the Categorical Exclusion Determination issued on 
October 9, 2018, and other documents in the TxDOT project file. The 
CE determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, 
TX 78229; telephone (210) 615-5839.
    12. SH 71 at Pope Bend Road in Bastrop County, Texas. The 
project includes constructing an overpass and adding 2-lane, one-
way, east bound and west bound frontage roads. The project is 
approximately 1.12 miles in length. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are 
described in the Final Categorical Exclusion approved on July 27, 
2018, the Categorical Exclusion Determination issued on July 27, 
2018, and other documents in the TxDOT project file. The CE 
determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Austin District Office at 7901 North I-35, Austin, TX 78753; 
telephone (512) 832-7000.
    13. SH 71 from the Travis/Bastrop county line to 0.65 miles east 
of Tucker Hill Lane in Bastrop County, Texas. The project includes 
constructing an overpass and adding 2-lane, one-way, east bound and 
west bound frontage roads. The project is approximately 1.75 miles 
in length. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Final 
Categorical Exclusion approved on June 20, 2018, the Categorical 
Exclusion Determination issued on June 20, 2018, and other documents 
in the TxDOT project file. The CE determination and other documents 
in the TxDOT project file are available by contacting TxDOT at the 
address provided above or the TxDOT Austin District Office at 7901 
North I-35, Austin, TX 78753; telephone (512) 832-7000.
    14. Wurzbach Parkway from Lockhill-Selma Road to NW Military 
Highway in Bexar County, Texas. The project will provide 
intersection improvements at Lockhill-Selma Road and NW Military 
Highway and expand Wurzbach Parkway from 4 to 6 lanes from west of 
Lockhill-Selma Road to NW Military Highway. The project is 
approximately 1.1 miles in length. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are 
described in the Final Categorical Exclusion approved on August 29, 
2018, the Categorical Exclusion Determination issued on August 29, 
2018, and other documents in the TxDOT project file. The CE 
determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT San Antonio District Office at 4615 NW Loop 410, San Antonio, 
TX 78229; telephone (210) 615-5839.
    15. FM 156 (Blue Mound Road), from US 81/US 287 to McLeroy 
Boulevard/Watauga Road, Tarrant County, Texas. The project will 
reconstruct and widen FM 156. The facility will include a 14-foot 
shared use outside lane and a 12-foot inside lane, each direction, 
within curb and gutter and sidewalks on both sides of the roadway. 
The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Categorical 
Exclusion approved on July 10, 2018, the Categorical Exclusion 
Determination issued on July 10, 2018, and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Fort 
Worth District Office at 2501 S W Loop 820, Fort Worth, Texas 76133; 
telephone (817) 370-6744.
    16. FM 907 from Nolana Rd to IH-2, in the city of Alamo, Hidalgo 
County, Texas. The project will reconstruct and widen FM 907 to a 64 
foot wide roadway with two outer 14 foot wide travel lanes, two 
inner 11 foot wide travel lanes, a continuous 12 foot wide center 
turn lane and 5 foot sidewalks. The project length is approximately 
2.3 miles. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Final 
Categorical Exclusion approved on June 23, 2017, and other documents 
in the TxDOT project file. The Categorical Exclusion Determination 
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. US Expressway 83, Pharr, TX 78577; 
telephone (956) 702-6100.
    17. FM 495 from Abram Road to SH 364, in the city of Palmview, 
Hidalgo County, Texas. The project will reconstruct and widen SH 495 
to an 84-footwide urban roadway with four 12-foot-wide travel lanes, 
a 16-foot-wide continuous left turn lane, two eight-foot-wide 
shoulders, and sidewalks on both sides of the roadway. The project 
length is approximately 2.3 miles. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are 
described in the Final Categorical Exclusion approved on November 
29, 2017, and other documents in the TxDOT project file. The 
Categorical Exclusion Determination 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. US 
Expressway 83, Pharr, TX 78577; telephone (956) 702-6100.
    18. Taylor Road from US 83 to Mile 2 North Road, in the cities 
of Mission and McAllen, Hidalgo County, Texas. The project will 
reconstruct and widen Taylor Road to a 64 foot wide urban roadway 
with two 11 foot wide travel lanes, two 14 foot wide shared use 
lanes, a 12 foot wide continuous left turn lane, and sidewalks on 
both sides of the roadway. The project length is approximately 3.0 
miles. The actions by TxDOT and Federal agencies and the laws under 
which such actions were taken are described in the Final Categorical 
Exclusion approved on January 11, 2018, and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by 
contacting TxDOT at the address provided above or the TxDOT Pharr 
District Ofice at 600 W. US Expressway 83, Pharr, TX 78577; 
telephone (956) 702-6100.

[[Page 67484]]

    19. US 69/FM 779 Interchange in Wood County, Texas. The project 
will construct a grade-separated interchange along US 69 over the 
existing intersection at FM 779. US 69 would be widened from a two-
lane roadway to a four-lane divided roadway with depressed median. 
The project length is approximately 2.17 miles. The actions by TxDOT 
and Federal agencies and the laws under which such actions were 
taken are described in the Final Categorical Exclusion approved on 
December 7, 2017, and other documents in the TxDOT project file. The 
Categorical Exclusion Determination and other documents in the TxDOT 
project file are available by contacting TxDOT at the address 
provided above or the TxDOT Tyler District Office at 2709 W. Front 
St., Tyler, TX 75702; telephone (903) 510-9100.
    20. IH-20 Ramps from CR 433 to CR 431, in Smith County, Texas. 
The project will construct westbound and eastbound frontage roads 
for IH-20 and will include entrance and exit ramp reconfigurations 
for the IH-20 and US 69 intersection. The project length is 
approximately 4.0 miles. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Categorical Exclusion approved on March 19, 2018, and 
other documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Tyler District Office at 2709 W. Front St., Tyler, TX 75702; 
telephone (903) 510-9100.
    21. US 69 from IH10 to Tram Road, in Jefferson County, Texas. 
The project will widen US 69 from 4 to 6 lanes as a divided highway 
with a concrete median barrier, add merging lanes, remove the US69 
north bound exit ramp to Delaware Street, relocate ramps at Chinn 
and Tram Roads and widen overpass bridges. The project length is 
approximately 5.9 miles. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Categorical Exclusion approved on June 1, 2018, and other 
documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Beaumont District Office at 8350 Eastex Freeway, Beaumont, TX 
77708; telephone (409) 892-7311.
    22. I-10 from FM 365 East to Walden Road (CR 131), in Jefferson 
County, Texas. The project will reconstruct and widen I-10 to a six-
lane highway, with 12-foot wide travel lanes, 10-foot wide outside 
shoulders, 10-foot wide inside shoulders, and a concrete median 
barrier. In addition, the Brooks Road Overpass will be replaced and 
the Boyt Road Overpass will be removed. The project length is 
approximately 9.9 miles. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Categorical Exclusion approved on June 1, 2018, and other 
documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting TxDOT at the address provided above or the 
TxDOT Beaumont District Office at 8350 Eastex Freeway, Beaumont, TX 
77708; telephone (409) 892-7311.


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

    Issued on: December 17, 2018.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2018-27698 Filed 12-27-18; 8:45 am]
 BILLING CODE 4910-22-P