[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31293-31295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10864]


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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.

[[Page 31294]]


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 October 20, 2022. 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: Patrick Lee, Environmental Affairs 
Division, Texas Department of Transportation, 125 East 11th Street, 
Austin, Texas 78701; telephone: (512) 416-2358; 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 the local TxDOT office at the 
address or telephone number provided for each project below.
    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. Cesar Chavez Road, from BUS US 83 to Nolana Loop, in Hidalgo 
County, Texas. The purpose of the project is to improve safety and 
mobility by reconstructing Cesar Chavez Road from a rural 24-foot-wide 
roadway to an urban 64-foot-wide roadway with two travel lanes, shared 
use lanes, sidewalks, and storm drain improvements. The proposed 
project length is approximately 3.8 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 December 
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 the TxDOT Pharr District Office 600 W 
Interstate 2, Pharr, TX 78577; telephone: (956) 702-6100.
    2. FM 1925, from Wallace Street to McColl Road, in Hidalgo County, 
Texas. The purpose of the project is to improve safety and mobility by 
widening and reconstructing FM 1925 from a rural 40-foot-wide roadway 
to an urban 110-foot-wide roadway with six travel lanes, shoulders, a 
raised median, sidewalks, and storm drain improvements. The proposed 
project length is approximately 5.2 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 December 
8, 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 the TxDOT Pharr District Office 600 W 
Interstate 2, Pharr, TX 78577; telephone: (956) 702-6100.
    3. SL 378 Widening and Intersection, in Tom Green County, Texas. 
This project would extend for a total of 2.4 miles along SL 378, from 
500 feet north of FM 1223 to 1,300 feet south of Fairview School Road 
and The Crossings Avenue. SL 378 would be widened to a five-lane 
facility, providing two travel lanes in each direction with a center 
turn lane. Sidewalks would be provided on both sides of the roadway. 
The project would primarily take place within the 100-foot-wide ROW on 
SL 378; however, the project proposes to realign the intersection at 
Fairview School Road which would require 1.47 acres of new ROW. 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 13, 2021, and other documents in the 
TxDOT project file. The Categorical Exclusions Determination and other 
documents in the TxDOT project file are available by contacting the 
TxDOT San Angelo District Office at 4502 Knickerbocker Rd., San Angelo, 
TX 76904; telephone: (325) 944-1501.
    4. FM 1593 from 1.62 miles north of the Calhoun County line to SH 
35 in Jackson and Calhoun Counties, Texas. The proposed FM 1593 
improvements would include widening the existing roadway for a total of 
3.5 miles in Jackson and Calhoun counties, in front of the Formosa 
Plastics Corp. plant and north of Point Comfort, Texas. The roadway 
would be widened to support two 12-foot northbound and southbound 
lanes, 8-foot shoulders on each side and a 14-foot center turn lane 
throughout the limits. At all Formosa plant entrances, northbound 12-
foot acceleration and deceleration lanes with 4 ft. shoulders would be 
constructed. Approximately 12.95 acres of new ROW would be needed; the 
existing ROW will be widened from 120 feet to 150-160

[[Page 31295]]

feet. The purpose of the project is to improve mobility and enhance 
safety along FM 1593. 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 January 12, 2022, and 
other documents in the TxDOT project file. The Categorical Exclusion 
Determination and other documents in the TxDOT project file are 
available by contacting the TxDOT Yoakum District Office at 403 Huck 
St., Yoakum, TX 77995; telephone: (361) 293-4436.
    5. IH 20 Corridor, JBS Parkway to East of SH 349, Ector and Midland 
Counties, Texas. TxDOT is proposing improvements along 1-20 from east 
of SH 349 in the City of Midland, Midland County to east of John Ben 
Shepperd Parkway in the City of Odessa, Ector County. The total project 
length is approximately 16.4 miles. Improvements would include adding 
main lanes, constructing new interchanges, reconfiguring ramps, 
converting frontage roads from two-way operation to one-way operation, 
and adding turn lanes at intersections. 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 February 
8, 2022, and other documents in the TxDOT project file. The Categorical 
Exclusion Determination and other documents in the TxDOT project file 
are available by contacting the TxDOT Odessa District Office at 3901 
East Highway 80, Odessa, Texas 79761; telephone: (432) 498-4746.
    6. FM 3349/CR 101 at US 79 from CR 395 to CR 404, Williamson 
County, Texas. The project includes widening the existing undivided 
two-lane FM 3349 and CR 101 facilities into four-lane divided 
facilities, constructing a grade-separation to elevate FM 3349/CR 101 
over US 79 and the Union Pacific Railroad (which is adjacent to and 
paralleling US 79), and constructing a local access road ``jug handle'' 
to provide connectivity between the existing US 79 facility and the 
proposed FM 3349/CR 101 facility. The length of the jug handle would be 
approximately 0.65 mile. The length of the project along FM 3349 and CR 
101 would be approximately 2.89 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), Finding of No Significant 
Impact (FONSI) issued on January 6, 2022, 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 Austin District 
Office at 7901 North I-35, Austin, TX 78753; telephone: (512) 832-7000.
    7. FM 756 Paluxy Widening, from Jeff Davis Drive to FM 344, in 
Smith County, Texas. The purpose of the project is to improve mobility, 
safety, and upgrade the roadway design by widening the existing two-
lane facility to a four-lane facility divided by a flush two-way left 
turn lane, including a grade-separated intersection at FM 346. The 
proposed project is approximately 6.8 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 January 7, 2022, 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 Tyler District Office 2709 W Front St., Tyler, TX 75702; 
telephone: (903) 510-9100. The EA and FONSI can also be viewed and 
downloaded from the following website: https://www.txdot.gov/inside-txdot/projects/studies/tyler/fm-756.html.
    8. US Highway 77 from SH 71 to approximately 0.56 miles north of 
County Road 156 in Fayette and Lee counties, Texas. The proposed US 77 
improvements would include the expansion of the existing roadway to a 
four-lane divided facility for a total length of approximately 11.6 
miles in Fayette and Lee counties north of La Grange, Texas. The 
northbound and southbound roadways would be constructed with two 12-
foot travel lanes, 10-foot outside shoulders, and 4-foot inside 
shoulders. The median would vary between 56 and 68 feet wide. Twelve-
foot left turn lanes would be constructed at multiple intersections 
within the project area. Near the southern project terminus and through 
Warda, where right-of-way is restricted to a width between 120 to 175 
feet, a 14-foot dual center left turn lane would be constructed between 
the mainlanes. The purpose of the project is to improve mobility and 
enhance safety along US 77. 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 January 19, 2022, 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 Yoakum District 
Office at 403 Huck St., Yoakum, TX 77995; telephone: (361) 293-4436.
    9. US 59 and US 77 from FM 236 to BU 77 in Victoria County, Texas. 
The proposed project would extend for a total of 5.12 miles along US 59 
and US 77 from FM 236 to BU 77. The proposed improvements would upgrade 
the existing roadway to a controlled access facility. This includes the 
construction of divided mainlanes that consist of four 12-foot-wide 
travel lanes, two in each direction, 4-foot-wide inside shoulders, and 
10-foot-wide outside shoulders. One-way frontage roads that consist of 
two 12-foot-wide travel lanes with a 4-foot inside shoulder and a 10-
foot outside shoulder would also be constructed throughout the project 
limits. The project would include the construction of direct connectors 
for US 59 northbound and southbound at BU 77, and a grade separated 
interchange is proposed at US 77 and Old Goliad Road. The purpose of 
the project is to improve mobility and safety by providing a divided 
roadway with one-way frontage roads. 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 February 11, 2022, 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 Yoakum 
District Office at 403 Huck St., Yoakum, TX 77995; telephone: (361) 
293-4436.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2022-10864 Filed 5-20-22; 8:45 am]
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