[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Notices]
[Pages 82571-82573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27611]


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

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 
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.

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.

[[Page 82572]]

    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 1515 from Masch Branch Street to Bonnie Brae Street in Denton 
County, Texas. The proposed project would reconstruct the existing 
undivided two-lane roadway to a median separated six-lane roadway. The 
proposed project would include replacement of the existing bridge 
structures over Dry Fork Hickory Creek, the KCS railroad, and IH 35W. 
The total project length is approximately 2.1 miles. The purpose of the 
proposed project to enhance safety and mobility and mitigate future 
increases in traffic associated with projected 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 August 4, 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 4777 E. Highway 80, 
Mesquite, TX 75150; telephone: (214) 320-4480.
    2. Rudeloff Road from SH 46 to Huber Road, Guadalupe County, Texas. 
The project would expand the existing two-lane roadway to a four-lane 
roadway with a continuous center left turn lane and bicycle and 
pedestrian accommodations. The project is approximately 1.5 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 August 13, 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 San Antonio District 
Office at 4615 NW Loop 410, San Antonio, TX 78229; telephone: (210) 
615-5839.
    3. Bonnie Brae Street from Windsor Drive to US 77 in Denton County, 
Texas. The proposed project would widen the existing two/four-lane 
undivided roadway to a four-lane divided roadway. Near the northern 
limit of the proposed project, from approximately 1,670 feet south of 
US 77 to US 77, the roadway would be widened from a two-lane undivided 
roadway to a four-lane divided roadway. The total project length is 
approximately one mile. The purpose of the proposed project to improve 
operations of the roadway, increase mobility, and enhance 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 August 18, 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 
4777 E. Highway 80, Mesquite, TX 75150; telephone: (214) 320-4480.
    4. State Highway (SH) 72 from Farm to Market (FM) 237 to United 
States (US) 87 in DeWitt County, Texas. The proposed project would 
widen SH 72 from a two-lane roadway to a four-lane highway between the 
towns of Yorktown and Cuero in DeWitt County, Texas. The project would 
be approximately 14.0 miles long. The purpose of the project is to 
provide a safer corridor for the traveling public through 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 24, 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 Yoakum District Office at 
403 Huck St., Yoakum, TX 77995; telephone: (361) 293-4436.
    5. Interstate Highway (IH) 10 from Farm to Market (FM) 2761 to 
United States (US) 90, in Colorado County, Texas. The proposed project 
would expand IH 10 to a six-lane roadway, which includes: three 12-foot 
wide main lanes in each direction, 12-foot inside and outside 
shoulders, and two 12-foot wide, one-way frontage lanes in each 
direction. The project would extend for approximately 11 miles east of 
the city of Columbus in Colorado County, Texas.

[[Page 82573]]

The purpose of the project is to increase the capacity of the roadway 
to alleviate traffic congestion and provide a safer traveling corridor 
for the public. 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 24, 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 Yoakum District Office at 403 Huck St., Yoakum, TX 77995; 
telephone: (361) 293-4436.
    6. Gattis School Road from Via Sonoma Trail to Red Bud Lane, in 
Williamson County, Texas. The project will widen Gattis School Road 
from an existing 4-lane undivided roadway to a 6-lane divided urban 
roadway with a raised median. The project is approximately 1.01 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 October 20, 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; telephone: (512) 832-7000.
    7. IH 10 Widening, from 0.22 miles west of FM 1905 (Antonio St.) to 
SH 20 (Mesa St.), in El Paso County, Texas. The proposed widening 
project is approximately 11.2 miles in length. The Texas Department of 
Transportation El Paso District proposes to reconstruct and widen the 
existing roadway to improve capacity, operation, circulation, and 
safety on IH 10. The proposed project would reconstruct, upgrade, and 
widen IH 10 from a 4-lane divided roadway to a 6-lane divided roadway. 
The frontage roads between State Loop 375 and Mesa Street would be 
reconstructed in place to meet urban design criteria. 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 October 22, 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 El Paso District Office at 13301 Gateway West, El 
Paso, TX 79928; telephone: (915) 790-4341.
    8. SL 288 From IH 35W to IH 35 in Denton County, Texas. The 
proposed project would construct a four-lane new location frontage road 
system for SL 288 from IH 35W south of Denton to IH 35 north of Denton. 
SL 288 currently does not exist west of IH 35 where the proposed 
project is located. The proposed project would consist of two frontage 
road lanes in each direction and sidewalks along both sides of the 
road, with a median that would accommodate the future construction of 
an ultimate mainlane facility. The distance of the proposed project is 
approximately 9.0 miles. The purpose of the proposed project is to 
address local policies, improve mobility, accommodate future traffic 
demand, and improve safety in and around the west side of Denton. 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 21, 2020, Finding of No Significant Impact 
(FONSI) issued on September 25, 2020 and other documents in the TxDOT 
project file. The EA, FONSI, 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.
    9. SH 31 from SL 323 to FM 1639 in Gregg and Smith Counties, Texas. 
The purpose of the proposed project is to improve safety and 
connectivity on SH 31 between the cities of Tyler and Kilgore by 
widening the road to a four-lane highway with two 12-foot travel lanes 
in each direction, a variable center median, shoulders, and curb and 
gutter in portions of the project. The proposed project length is 
approximately 20 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 13, 2020, the Finding 
of No Significant Impact (FONSI) issued on October 15, 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 Tyler District Office at 2709 W. 
Front St., Tyler, TX 75702; telephone: (903) 510-9100.
    10. Loop 88 Segments 1 and 2, from US 84 in Shallowater to US 62/
82, in Lubbock County, Texas. TxDOT plans to construct Loop 88 by 
converting existing rural roadways to an access-controlled six-lane 
freeway with frontage roads and ramps. Interchanges will be developed 
at designated cross streets. For Segment 1, the frontage roads would 
start at US 84 while the mainlanes would begin approximately 0.97 mile 
west of US 84. Segment 2 would end approximately 0.48 mile northwest of 
US 62/82. This project is approximately 16 miles in length and will 
improve transportation infrastructure to current design standards and 
improve mobility in western and southwestern Lubbock and Lubbock 
County. 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 18, 2020, the Finding of No 
Significant Impact (FONSI) issued on October 26, 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 Lubbock District Office at 135 
Slaton Road, Lubbock, Texas 79404, telephone: (806) 748-4472.
    11. Loop 88 Segment 4, from 0.5 miles east of US 87 to US 84 in 
Slaton, in Lubbock County, Texas. TxDOT plans to construct Loop 88 by 
converting existing rural roadways to an access-controlled six-lane 
freeway with frontage roads and ramps. Portions of the proposed project 
will follow existing facilities, including FM 1585 for approximately 
0.96 mile, and CR 7500 for 3.98 miles. The remainder of the proposed 
project is on new location. Interchanges will be developed at 
designated cross streets. This project is approximately 8.8 miles in 
length and will improve transportation infrastructure to current design 
standards and improve mobility in southeastern Lubbock County. 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 18, 2020, the Finding of No Significant 
Impact (FONSI) issued on October 26, 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 Lubbock District Office at 135 Slaton Road, Lubbock, 
Texas 79404, telephone: (806) 748-4472.

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


Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2020-27611 Filed 12-17-20; 8:45 am]
BILLING CODE 4910-22-P