[Federal Register Volume 84, Number 124 (Thursday, June 27, 2019)]
[Notices]
[Pages 30788-30790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13156]


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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: 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 an assignment agreement 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 projects will be 
barred unless the claim is filed on or before the deadline. For the 
projects listed below, the deadline is November 24, 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: 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.
    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 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. FM 455 from SH 5 to East of Wildwood Trail in Collin County, 
Texas. The proposed improvements would widen FM 455 from a two-lane 
undivided roadway to a four-lane divided urban arterial (six-lane 
ultimate). Left and right turn lanes would be provided at select cross 
streets and median openings. Six-foot wide sidewalks would be provided 
on both sides of the roadway. Proposed improvements for the ultimate 
phase would add one additional travel lane in each direction, resulting 
in a six-lane roadway divided by a raised median. The length of the 
proposed project is approximately 1.4 miles. The purpose of the 
proposed project is to improve mobility of the roadway and improve 
safety. 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 May 24, 2019, 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 Dallas District Office 
at 4777 E Highway 80, Mesquite, TX 75150; telephone (214) 320-4480.
    2. FM 2493 from FM 346 to approximately one mile east of US 69, in 
Smith and Cherokee Counties, Texas. The proposed improvements would 
construct a four lane highway with two lanes in each direction and a 
continuous center turn lane, and a grade separated interchange at US 
69. The proposed project length is approximately 9.2 miles in length. 
The purpose of the proposed project is to improve mobility on FM 2493 
to accommodate current and future traffic volumes. The actions

[[Page 30789]]

by TxDOT and Federal agencies and the laws under which such actions 
were taken are described in the Final Environmental Assessment approved 
on March 25, 2019, the Finding of No Significant Impact approved on 
April 24, 2019, and other documents in the TxDOT project file. The 
Final Environmental Assessment 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 Front St., Tyler, TX 75702; 
telephone (903) 510-9100.
    3. IH 35E at Bear Creek Road in Dallas County, Texas. The proposed 
improvements would include reconstructing and widening of the existing 
two-lane undivided roadway facility to an urban four-lane divided 
roadway (two lanes in each direction). Proposed improvements would 
include one 12-ft wide inside travel lane and one 14-ft wide outside 
shared-use lane (for bicycle accommodation) with raised median and curb 
and gutter in each direction; and continuous sidewalks and a 12-ft 
shared-use path within a proposed ROW width of approximately 112 ft. 
Additional improvements would include reconstruction of the IH-35E/Bear 
Creek Road intersection and the replacement of the IH-35E frontage road 
bridges. The length of the proposed project is approximately 2.16 
miles. The purpose of the proposed project is to improve the existing 
roadway to enhance safety and mobility, and mitigate future increases 
in traffic associated with projected community growth. 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 April 30, 2019, 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 Dallas District Office at 4777 E Highway 80, 
Mesquite, TX 75150; telephone (214) 320-4480.
    4. Farm to Market (FM) 723 from Avenue D to FM 1093 in Fort Bend 
County, Texas. This project proposes to widen the existing two-lane 
roadway to a four-lane roadway with a divided median. The project 
length is 9.23 miles. The proposed project would require 97.9 acres of 
new right-of-way. The purpose of the project is to improve mobility, 
accommodate existing and projected growth, and bring the roadway to 
current design standards. 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 24, 2019, the Finding 
of No Significant Impact (FONSI) issued on April 24, 2019 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.
    5. Blanco Road from West Oak Estates Drive to Borgfeld Drive, Bexar 
County. This project proposes to improve a 3.2 mile segment of Blanco 
Road between West Oak Estates and Borgfeld Drive from a two-lane 
roadway to a four-lane roadway with two 12-foot travel lanes and 6-foot 
shoulders/bike lanes in each direction. The roadway would have a raised 
median or a center turn lane and sidewalks on the northbound side of 
the project. The project is approximately 3.2 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 April 15, 2019 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 Antonio District Office 
at 4615 NW Loop 410, San Antonio, TX 78229; telephone (210) 615-5839.
    6. FM 1417 widening from US 82 to OB Groner Road, in Grayson 
County, Texas. The proposed project would construct a six lane highway 
with three lanes in each direction and a raised median, and interchange 
improvements at SH 56. The proposed project length is approximately 
5.44 miles in length. The purpose of the proposed project is to improve 
mobility to accommodate current and future traffic volumes. The actions 
by TxDOT and Federal agencies and the laws under which such actions 
were taken are described in the Categorical Exclusion approved on April 
5, 2019 and other documents in the TxDOT project file. The Categorical 
Exclusion 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 N Main St., Paris, TX 75460; telephone (903) 
737-9213.
    7. FM 893 from CR 3685 (Stark Road) to approximately 0.2 miles west 
of CR 79 (Gum Hollow), in San Patricio County, Texas. The proposed 
improvements would construct a five lane highway with two lanes in each 
direction and a continuous center turn lane, and pedestrian facilities. 
The purpose of the proposed project is to accommodate current and 
future traffic volumes. The proposed project length is approximately 
1.4 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 approved on April 12, 2019, and other documents 
in the TxDOT project file. The Categorical Exclusion and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Corpus Christi District 
Office at 1701 S Padre Island Drive, Corpus Christi, TX 78416; 
telephone (361) 808-2300.
    8. Port Connector Road from Ostos Road to SH 4, in Cameron County, 
Texas. The proposed new facility would be a two lane highway with one 
lane in each direction and 10-foot wide shoulders. The purpose of the 
proposed new road is to address safety and mobility of freight traffic 
to and from the Port of Brownsville to surrounding roadways, which 
would improve connections with the Port of Entry at the Los Tomatos 
Bridge on US 77 and the new Space X Facility at Boca Chica. The 
proposed project is approximately 2 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 approved on April 24, 
2019, and other documents in the TxDOT project file. The Categorical 
Exclusion 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.
    9. FM 148 from South of FM 3039 to US 175 in Kaufman County, Texas. 
The proposed project would construct a new location rural roadway 
connecting FM 148 with US 175. The proposed roadway would consist of 
two 12-foot wide travel lanes (one in each direction) with 8-foot wide 
shoulders and turn lanes. Approximately 3,850 feet of US 175 would be 
reconstructed to create an overpass crossing of the FM 148 bypass. The 
length of the proposed project is approximately 1.6 miles. The purpose 
of the proposed project is to improve operations along FM 148, improve 
mobility and access between FM 148 and US 175, and accommodate future 
traffic demand on the corridor in a manner compatible with local and 
regional thoroughfare plans. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in the 
Final Environmental Assessment (EA)

[[Page 30790]]

approved on March 26, 2019, Finding of No Significant Impact (FONSI) 
issued on June 3, 2019 and other documents in the TxDOT project file. 
The EA 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.
    10. SH 205 from US 80 in Terrell to Junction of SH 205/John King (S 
Goliad Street) in Kaufman and Rockwall Counties, Texas. The proposed 
project would widen the roadway from a two-lane rural highway to an 
ultimate six-lane divided urban highway. Interim improvements would 
include constructing a four-lane urban, divided roadway with an inside 
12-foot wide travel lane, an outside 14-foot wide shared use lane, and 
a 42-foot wide median. The ultimate phase of construction would widen 
the roadway by adding an additional 12-foot wide travel lane in each 
direction within the median, narrowing the median width to 18 feet. The 
length of the proposed project is approximately 13.07 miles. The 
purpose of the proposed project is to improve mobility and safety 
within the SH 205 corridor. 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, 2019, Finding 
of No Significant Impact (FONSI) issued on April 26, 2019 and other 
documents in the TxDOT project file. The EA 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.
    11. San Antonio Street at the Comal River, Comal County. The 
project includes replacing the bridge superstructure to accommodate two 
15-ft travel lanes, two 2-ft shoulders, and two 8-ft sidewalks. 
Existing abutments would be replaced and the retaining wall at the 
abutments would be repaired. Approaches would be widened. The project 
is approximately 0.1 mile 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 March 18, 2019 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 Antonio District Office at 4615 NW Loop 410, San Antonio, TX 
78229 and (210) 615-5839.
    12. SH 72 from Karnes County Line to 0.25 mile East of FM 2980 in 
DeWitt County. The proposed project would reconstruct and widen SH 72 
from a two-lane to a four-lane roadway. Construction would include the 
addition of one 12-foot wide lane in each direction, a 4-foot wide 
flush median, and 10-foot wide shoulders. A one mile section of SH 72 
would be shifted slightly to the south adjacent to the existing 
roadway. The total project length is 10.27 miles. The purpose of the 
project is to improve mobility and enhance safety. 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 
March 21, 2019, the Finding of No Significant Impact (FONSI) issued on 
May 31, 2019 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 Yoakum 
District Office at 403 Huck St., Yoakum, TX 77995; telephone (361) 293-
4436. The EA, FONSI can also be viewed and downloaded from the 
following website: https://www.txdot.gov/inside-txdot/projects/studies/yoakum/052319.html.
    13. State Highway (SH) 146 from Farm-to-Market (FM) 518 to FM 517 
in Galveston County, Texas. The 5.46 mile project will widen SH 146 
from a four-lane divided highway to a six-lane divided highway with a 
grade-separated overpass at SH 96. Approximately 5.3 acres of new 
right-of-way are required. The actions by TxDOT and Federal agencies 
and the laws under which such actions were taken are described in the 
Categorical Exclusion Determination approved April 12, 2019 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.

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

    Issued on: June 13, 2019.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2019-13156 Filed 6-26-19; 8:45 am]
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