[Federal Register Volume 86, Number 135 (Monday, July 19, 2021)]
[Notices]
[Pages 38178-38180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15181]


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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

[[Page 38179]]

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: 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.
    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 1925, from FM 907 to Sharp Road, Hidalgo County, Texas. The 
purpose of the project is to improve safety and connectivity by 
reconstructing and widening FM 1925 from FM 907 to Sharp Road from a 
two-lane roadway with eight-foot shoulders to a five-lane roadway 
(includes continuous center left turn lane) with 10-foot shoulders for 
a length of approximately 1.6 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 March 2, 2021 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. Expressway 83, Pharr, TX 78577; 
telephone: (956) 702-6100.
    2. FM 725 from Zipp Road to County Line Road in Guadalupe County, 
Texas. The project includes an additional travel lane in each direction 
and a combination of raised medians and center turn lanes, left and 
right turn lanes at various points along the project limits, a shared 
use path along the south side of the road, and a sidewalk along the 
north side of the roadway. The project is approximately 1.65 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 March 19, 2021, 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. Merritt Road from Pleasant Valley Drive to North of Sachse Road 
in Dallas County, Texas. The proposed project would widen Merritt Road 
to a four-lane divided roadway consisting of 12-foot wide inside travel 
lane and a 14-foot wide shared use lane in each direction. A six-foot 
wide sidewalk would be constructed along the east side of the roadway 
and a 12-foot shared-use path would be constructed along the west side. 
The total project length is approximately 1.6 miles. The purpose of the 
proposed project is to improve mobility, improve roadway safety 
characteristics, and better manage traffic operations on Merritt Road. 
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 19, 2021, 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

[[Page 38180]]

address provided above or the TxDOT Dallas District Office at 4777 E 
Highway 80, Mesquite, TX 75150; telephone: (214) 320-6200.
    4. FM 523 from SH 332 to FM 1495, Brazoria County, Texas. The 
project proposes to reconstruct and widen FM 523 within the described 
limits from two 11-foot lanes to four 12-foot lanes (two lanes in each 
direction) with a continuous 16-foot center turn lane and 10-foot 
shoulders. The project is located between the cities of Freeport and 
Oyster Creek in southeast Brazoria County. The project would be 1.4 
miles in length and would require no new right of way, although 0.09 
acre of temporary construction easements would be required at the 
intersection of FM 523 and Dow Levee Road. 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 
26, 2021, 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 at 7600 Washington Avenue, 
Houston, TX 77007; telephone: (713) 802-5076.
    5. US 90 from State Highway 211 to Loop 13, Bexar County, Texas. 
The project will widen the existing roadway from a four-lane divided 
roadway with intermittent frontage roads to a six-lane expressway with 
one-way continuous frontage roads in each direction. The project is 
approximately 11.5 miles in length. The actions by TxDOT and Federal 
agencies and the laws under which such actions were taken are described 
in the Final Environmental Assessment (EA), the Finding of No 
Significant Impact (FONSI) issued on March 26, 2021, 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 TxDOT San Antonio District Office at 4615 NW 
Loop 410, San Antonio, TX 78229; telephone: (210) 615-5839.
    6. Kenney Fort Boulevard (Blvd.) from Forest Creek Drive to State 
Highway (SH) 45, Williamson County, Texas. The project will extend 
Kenney Fort Blvd. on new location from Forest Creek Drive south to SH 
45. The project will construct a limited-access 6-lane major arterial 
consisting of three 12-foot travel lanes in each direction with a 
continuous sidewalk and shared-use path. 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 Final 
Environmental Assessment (EA), the Finding of No Significant Impact 
(FONSI) issued on May 21, 2021, 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; 
telephone: 512-832-7000.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2021-15181 Filed 7-16-21; 8:45 am]
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