[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64215-64218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21883]


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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 150 days from the date of 
publication. 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.

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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 9, 
2019, 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. Upland Avenue from 66th Street to 114th Street in Lubbock, 
Lubbock County, Texas. The improvements will consist of widening the 
existing two-lane roadway to a five-lane modified principal arterial 
typical section (two lanes in each direction with a center turn lane), 
drainage improvements, shared-use paths, and right turn lanes at 
designated cross streets. The project length is 3.16 miles in length. 
The addition of travel lanes and the shared-use paths along Upland 
Avenue will increase mobility and safety for those traveling along 
Upland Avenue, which will encourage the use of local services and 
facilities. 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 7, 2020, 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 Lubbock District 
Office at 135 Slaton Road, Lubbock, TX 79404; telephone: 806-748-4472.
    2. University Boulevard from FM 1460 East to SH 130, Williamson 
County, Texas. The project will widen University Boulevard from a two-
lane to a four-lane roadway with 4-foot-wide inside shoulders, 10-foot-
wide outside shoulders and a grassy median. The project is 
approximately 3.45 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 July 16, 2020 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 Austin District Office at 7901 North I-35, Austin, TX 78753; 
(512) 832-7000.
    3. SH 5 from South of FM 1378 to CR 275 in Collin County, Texas. 
The proposed project would reconstruct and widen SH 5 within the 
project limits. From Country Club Road to Spur 399, the existing 2-lane 
rural roadway will be reconstructed to a 4-lane (6-lan ultimate) 
divided urban roadway with raised curbed and a variable-width median. 
From Spur 399 to Industrial Boulevard (FM 546), the existing 4-lane 
divided rural roadway with depressed median will be reconstructed to a 
6-lane divided urban roadway with a 17-foot curbed median. From 
Industrial Boulevard (FM 546) to south of N Tennessee St, the existing 
4-lane divided with curbed median and 4-lane divided with a continuous 
left turn lane urban segment will be reconstructed to a 4-lane divided 
urban roadway with 17-foot curbed median. From south of N Tennessee St 
south of Melissa Road, the existing 2-lane rural roadway will be 
reconstructed to a 4-lane divided urban roadway with curbed, 42-foot 
median. The proposed project includes reconfiguration of the SH 399/SH 
5 interchange near the southern project limits to include a flyover 
bridge from SS 399 South to SH 5 South. The total project length is 
approximately 7.22 miles. The purpose of the proposed project to 
improve safety and mobility, and update the roadway to current design 
and safety standards. 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 21, 2020, 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 4777E. Highway 80, Mesquite, TX 75150; 
telephone (214) 320-4480.
    4. US 59 at FM 1794, Panola County, Texas. The proposed project 
would include the construction of overpass bridges, one-way frontage 
roads, ramps and turnarounds on US 59 at FM 1794. Reconstruction and 
widening of approximately 1.2 miles of the US 59 main lanes and 0.3 
miles of FM 1794 is

[[Page 64217]]

also proposed. The actions by TxDOT and Federal agencies and the laws 
under which such actions were taken are described in the Categorical 
Exclusion Determination approved on July 31, 2020, 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 Atlanta District 
Office at 701 East Main St., Atlanta TX 75551; telephone (903) 799-
1306.
    5. FM 1641 from FM 548 to FM 148 and FM 548 from FM 1641 to US 80 
in Kaufman County, Texas. The proposed project would reconstruct and 
widen from a 2-lane to a 4-lane urban divided roadway with a raised 
median. The proposed facility would consist of 4 lanes (2 in each 
direction) with a raised median (FM 548 and FM 1641 from FM 548 to IH 
20), and of 4 lanes (2 in each direction) with a two-way center left 
turn lane for FM 1641 from IH 20 to FM 148. The total project length is 
approximately 5.6 miles. The purpose of the proposed project is to 
provide congestion relief, improve operations of the roadway, improve 
safety, increase mobility, and provide improved connectivity to the 
area. 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 21, 2020 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 4777E. Highway 80, Mesquite, TX 75150; telephone (214) 320-4480.
    6. RM 620 from SH 71 to Hudson Bend Road, Travis County, Texas. The 
project will widen the existing four-lane divided rural roadway to a 
six-lane divided urban roadway, add raised medians, and add a 
continuous shared-use path along both sides of the road throughout the 
corridor. The project is approximately 9.2 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 August 3, 2020, the Finding of No Significant Impact 
(FONSI) issued on August 3, 2020, 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 Austin District Office at 7901 North I-35, Austin, TX 78753; 
(512) 832-7000.
    7. IH 10/US 69 Interchanges from Walden Road (CR 131) to 7th Street 
in Jefferson County, Texas. The proposed project includes 
reconstructing and expanding I-10 and US 69 where they converge in the 
city of Beaumont. The project would widen the existing I-10 from Walden 
Road (CR 131) to 7th Street and existing US 69 from Fannett Road (SH 
124) to 11th Street. Between the Cardinal Drive and Eastex Freeway 
interchanges, the roadway would be widened in each direction from four 
lanes to five lanes. The roadway approaches to the Cardinal Drive and 
Eastex Freeway interchanges on I-10 and US 69 would be widened in each 
direction from two lanes to three lanes. The project also includes new 
frontage roads for continuity throughout the limits, relocating I-10 
ramps, and constructing two-lane direct connectors in each direction 
where I-10 and US 69 converge within the project limits. In addition, 
the project includes the removal of the Maury Meyers Bridge (Liberty/
Laurel Overpass) to address a height constraint for freight movements 
and includes upgrading drainage infrastructure 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 August 04, 2020, the Finding of No 
Significant Impact (FONSI) issued on August 04, 2020 and other 
documents in the TxDOT project file. The EA, FONSI, and other documents 
in the TxDOT project file are available by contacting the TxDOT 
Beaumont District Office at 8350 Eastex Freeway, Beaumont, Texas 77708; 
telephone (409) 898-5732. 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/beaumont/080720.html.
    8. State Loop 335 from SW 9th Avenue to FM 1719, in Potter County, 
Texas. The proposed project will upgrade the existing State Loop (SL) 
335 roadway to a new controlled access highway facility with four 
grade-separated main lanes, frontage roads, connecting ramps, and 
accommodation of future expansion to an ultimate six-lane section 
within proposed ROW. The project will also include a new interchange to 
accommodate a future road and add bicycle and pedestrian facilities. 
The total project length is approximately 6.0 miles long. This project 
will provide expanded capacity and improved efficiency of the roadway 
to address local and regional mobility concerns, as well as freight 
mobility and capacity concerns. 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 August 18, 2020, 
the Finding of No Significant Impact (FONSI) issued on August 18, 2020 
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 TxDOT Amarillo District Office at 5715 Canyon Drive, Amarillo, 
TX 79110; telephone (806) 356-3200.
    9. TxDOT is proposing to reconstruct and add capacity to Interstate 
Highway (I) 20, I-820 and United States Highway (US) 287 including 
three major interchanges in southeast Tarrant County, Texas, within the 
cities of Arlington, Forest Hill, Fort Worth, and Kennedale. The major 
interchanges are the I-820/US 287 Interchange, the I-20/I-820 
Interchange, and the I-20/US 287 Interchange. This project spans 
approximately 16 miles and would add main lanes and frontage roads to 
I-20 from Forest Hill Drive to Park Springs Boulevard, I-820 from I-20 
to Brentwood Stair Road, and US 287 from Bishop Street to Sublett Road. 
New frontage roads would be constructed at various locations, and 
bicycle and pedestrian accommodations would be provided throughout. The 
project is collectively referred to as the ``Southeast Connector.'' The 
purpose of the project is to reduce traffic congestion, improve 
mobility and connectivity, and provide continuous pedestrian/bike 
facilities. 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 2, 2020, the 
Finding of No Significant Impact (FONSI) issued on September 3, 2020, 
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 Fort Worth District Office 
at 2501 SW Loop 820, Fort Worth, Texas, 76133; and telephone (817) 370-
6744. 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/fort-worth/090420.html.
    10. FM 664 from US 287 to Westmoreland Road in Ellis County, Texas. 
The proposed project would reconstruct, realign, and widen FM 664 
within the proposed limits. Improvements would include the expansion of 
the current 2-lane rural roadway to a 4-lane urban roadway

[[Page 64218]]

(ultimate 6-lanes) with a raised median. Improvements would consist of 
12-foot-wide travel lanes, 14-foot-wide outside shared-use lanes, and 
6-foot sidewalks. The length of the proposed project is approximately 
8.08 miles. The purpose of the proposed project is to reduce traffic 
congestion on the existing roadways; to improve operations of the 
roadway; to increase mobility (including pedestrian and bicycle 
accommodations); and, to provide improved connectivity to the area. 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 15, 2020, Finding of No Significant Impact 
(FONSI) issued on September 15, 2020 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. SH 332 from FM 521 to SH 288 in Brazoria County, Texas. The 
project proposes to reconstruct and widen the existing facility from 
two to four lanes (two lanes each direction) from FM 521 to FM 2004, 
and from four to six lanes (three lanes in each direction) from FM 2004 
to SH 288. Reconstruction or replacement of bridges over Buffalo Camp 
Bayou and an adjacent diversion channel, as well as sidewalks on both 
sides of the roadway for the length of the project are also proposed. A 
new drainage channel from SH 332, at a location approximately 800 feet 
west of Division Street, south to the Brazos River is also included. 
The project requires approximately 70.4 acres of additional ROW, and is 
approximately 5.3 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 
September 15, 2020, the Finding of No Significant Impact (FONSI) issued 
on September 16, 2020, 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.

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

    Issued on: September 28, 2020.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2020-21883 Filed 10-8-20; 8:45 am]
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