[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7162-7164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03251]


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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.

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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 
these projects are being, or have been, carried-out by TxDOT pursuant 
to 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. 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 July 29, 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: 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 actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Categorical Exclusion 
(CE), Environmental Assessment (EA), or Environmental Impact Statement 
(EIS) issued in connection with the projects and in other key project 
documents. The CE, EA, or EIS 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

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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. Bicentennial Boulevard Extension Project from SH 107 to 
Trenton Road, Hidalgo County, Texas. The proposed project would 
extend Bicentennial Boulevard from SH 107 to Trenton Road as a new 
location, four-lane facility. The length of the proposed project is 
approximately 2.86 miles. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Environmental Assessment approved on October 25, 2018, the 
Finding of No Significant Impact was issued on December 19, 2018, 
and other documents in the TxDOT project file. The EA 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, Texas 78577; telephone 
(956) 702-6102.
    2. State Loop (SL) 336 South from Interstate Highway (IH) 45 to 
Farm to Market Road (FM) 1314 in Montgomery County, Texas. The 
proposed project would create a divided 4-lane facility by 
constructing a 2-lane roadway to the south of existing SL 336. The 
new lanes would serve as the east bound lanes, with the existing 
lanes being converted to serve west bound traffic. The project 
length is approximately 2.5 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 
September 28, 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. Farm to Market Road (FM) 1488, Magnolia Relief Route, from 
existing FM 1488 west of Magnolia to proposed State Highway (SH) 249 
east of Magnolia in Montgomery County, Texas. The proposed action 
would construct an east-west facility on new location to serve as a 
major arterial for the distribution of traffic around the city of 
Magnolia. This facility would consist of a four-lane divided 
facility. The project length is approximately 5.4 miles. 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 23, 2018, the Finding of No Significant Impact 
(FONSI) issued on October 25, 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 Houston District Office located at 7600 
Washington Avenue, Houston, Texas 77007; telephone (713) 802-5076.
    4. I-35 from the Guadalupe River to FM 1103, Comal County, 
Texas. The project includes operational improvements to the I-35 
interchanges with FM 1103/Hubertus Road, Schwab Road, Engel Road, 
Solms Road, Loop 337/Rueckle Road, Business 35/Schmidt Avenue, 
Walnut Avenue, and FM 725. Improvements would include intersection 
improvements, ramp reconfigurations and the addition of auxiliary 
lanes along the I-35 mainlanes and frontage road reconstruction. 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 Categorical Exclusion Determination 
issued on November 20, 2018. 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 San 
Antonio District Office at 4615 NW Loop 410, San Antonio, TX 78229; 
telephone (210) 615-5839.
    5. State Loop 1604 from IH 10 East to FM 1346 (Houston Street), 
Bexar County, Texas. The project would widen the existing 2-lane 
undivided roadway to a 4-lane divided roadway. The project is 
approximately 3.9 miles in length. 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 
November 30, 2018, and other documents in the TxDOT project file. 
The Categorical 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.
    6. SH 46 from Farhills Drive to FM 3159, Comal County, Texas. 
The project would widen the roadway from its existing two-lane 
highway to two different configurations. The curbed with storm drain 
configuration, constructed in the more developed areas, would 
consist of six 11-foot travel lanes with a 16-foot raised median. 
The other configuration, a curbed with grasslined open-ditch 
configuration, would be constructed in less developed areas and 
would consist of six 11-foot travel lanes with a 16-foot raised 
median. The project is approximately 6 miles in length. 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 26, 2018, Finding of No Significant Impact 
(FONSI) issued on October 26, 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 San Antonio District Office at 4615 NW Loop 410, San 
Antonio, TX 78229; telephone (210) 615-5839.
    7. US 290/SH 71 West from State Loop 1 (MoPac) to west of RM 
1826 and US 290 to Silvermine Drive, Travis County, Texas. The 
project, known as the Oak Hill Parkway (OHP) project, proposes 
improvements that include direct connectors at the intersection of 
US 290 and SH 71, controlled access along both highways in Oak Hill 
with frontage roads, and an overpass for US 290 at William Cannon 
Drive. New construction on roadway improvements would begin just 
east of Joe Tanner Lane where the existing mainlanes transition to 
an urban highway. The mainlanes would be elevated over William 
Cannon Drive, and the westbound mainlanes and frontage road would be 
located north of Williamson Creek. The mainlanes would be depressed 
under SH 71 and direct connectors would be provided, connecting 
eastbound SH 71 with US 290, and westbound US 290 to SH 71. 
Mainlanes would vary from four near William Cannon Drive to two near 
the western project limit. Grade-separated intersections would be 
constructed at Convict Hill Road, RM 1826, Scenic Brook Drive, and 
Circle Drive (Southview Road). Along SH 71, the direct connector 
ramps would extend past Scenic Brook Drive where the mainlanes would 
then transition to a five-lane (three lanes northbound, two lanes 
southbound) rural highway. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Environmental Impact Statement (FEIS) approved on December 
21, 2018 and Record of Decision (ROD) issued on December 21, 2018, 
and other documents in the TxDOT project file. The FEIS, ROD 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. The EIS and ROD can also be viewed and

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downloaded from the following website: www.oakhillparkway.com.
    8. SH 78 at Gaston Avenue in Dallas County, Texas. The proposed 
project would reconfigure the intersection of SH 78 (East Grand 
Avenue/Garland Road) at Gaston Avenue in the City of Dallas, Dallas 
County, Texas. The proposed facility would be reconfigured as a 
fully signalized, reverse T-intersection with East Grand Avenue 
intersecting Gaston Avenue and Garland Road. The length of the 
proposed project is approximately 0.76 miles. The purpose of the 
proposed project is to improve traffic operations and mobility, as 
well as to improve safety and to provide improved bicycle and 
pedestrian accommodations. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in 
the Final Categorical Exclusion Determination issued on December 21, 
2018, and other documents in the TxDOT project file. The Categorical 
Exclusion Determination and other documents in the TxDOT 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.
    9. SH 158 at SH 137 in Glasscock County, Texas. The proposed 
project would construct an overpass on SH 158 over SH 137. The 
purpose of the project is to allow for traffic to move through the 
intersection with less congestion. 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 
September 4, 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 San Angelo District Office at 4502 
Knickerbocker Road, San Angelo, Texas, 76904; telephone (325) 947-
9266.
    10. IH 10 from FM 3538 to FM 2761 in Colorado and Austin 
Counties, Texas. The proposed project would add an additional main 
lane in each direction along IH 10. The proposed project would also 
convert existing two way frontage roads to one way frontage roads. 
The purpose of the project is to improve mobility and increase 
safety along this section of I-10. 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 
November 8, 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 Yoakum District Office at 403 Huck St., 
Yoakum, TX 77995; telephone (361) 293-4436.
    11. SL 121 from FM 439 to I-35 in Bell County, Texas. The 
proposed project would widen SL 121 from 2 to 4 lane divided roadway 
with bike/pedestrian improvements. The proposed project is needed to 
improve traffic safety, alleviate congestion, improve access 
management, and to provide pedestrian/bicycle accommodations. 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 December 12, 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 Waco 
District Office at 100 S Loop Dr., Waco, TX 76704; telephone (254) 
867-2705.
    12. SH6/SL340 from US 84 to IH 35 in McLennan County, Texas. The 
proposed project would construct continuous frontage roads and four 
overpasses. The proposed project length is 2.68 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 December 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 Waco District Office at 100 S 
Loop Dr., Waco, TX 76704; telephone (254) 867-2705.
    13. Loop 338 Overpass at East Yukon Rd, Ector County, Texas. The 
proposed improvements would include the construction of an overpass 
on SL 338 at the intersection of E. Yukon Rd. The project would be 
approximately 2.0 miles in length. The project would help improve 
mobility on Loop 338. 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 September 7, 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 Odessa District Office at 3901 East Highway 80, Odessa, Texas 
79761; telephone (432) 498-4746.
    14. Loop 250 at CR 1150 and CR 60, Midland County, Texas. The 
proposed project consists of extending main lanes and constructing 
access ramps and two overpasses between the existing frontage roads, 
on SL 250 from 0.5 miles west of County Road (CR) 1150 to 0.5 miles 
east of CR 60. The project would be approximately 1.0 mile in 
length. The project would help improve mobility on Loop 250 at the 
intersections of CR 1150 and CR 60. 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 
September 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 Odessa District Office at 3901 East 
Highway 80, Odessa, Texas 79761, (432) 498-4746.


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

    Issued on February 19, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2019-03251 Filed 2-28-19; 8:45 am]
 BILLING CODE 4910-22-P