[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2154-2156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00491]


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

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.

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

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 June 12, 2023. 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. Garth Road from I-10 to SH 146 in Harris County, Texas. The 
proposed

[[Page 2155]]

improvements from I-10 to Baker Road would include reconstructing and 
widening Garth Road from four to six lanes. The proposed roadway would 
include three 11-foot-wide travel lanes in each direction, a 16-foot-
wide noncontinuous raised median, a 6.5-foot sidewalk on the west side, 
and a 10-foot-wide shared use path on the east side. Right-turn lanes 
would also be provided at some locations. The proposed improvements 
from Baker Road to SH 146 would include reconstruction of the existing 
roadway, adding noncontinuous raised medians, and either a 6.5-foot-
wide sidewalk or a 10-foot-wide shared use path adjacent to the 
roadway. The total project length is approximately 3.73 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 September 13, 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 Houston District Office at 7600 Washington Avenue, Houston, TX 
77007; telephone: (713) 802-5000.
    2. FM 2931 From US 380 to FM 428 in Denton County, Texas. The 
proposed project would include the widening of FM 2931 to a 6-lane 
urban roadway section with a raised median and left-turn lanes in 
various locations within the project limits. The proposed roadway would 
include three 11- or 12-foot wide (depending on the section) travel 
lanes in each direction with no shoulders, a raised median, and a 10-
foot wide shared use path on each side of the roadway. The proposed 
project is approximately 6.37 miles in length. The purpose of the 
proposed project is to improve mobility and safety in the project 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 September 27, 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 TxDOT 
at the address provided above or the TxDOT Dallas District Office at 
4777 E Highway 80, Mesquite, TX 75150; telephone: (214) 320-4480.
    3. US 84 in Mexia, from FM 1365 to 1.05 miles East of FM 1365, 
Limestone County, Texas. This project is approximately 1.05 miles long. 
Proposed improvements include widening the roadway from two to four 
lanes with a two-way left-turn lane, upgrading to a closed storm drain 
system with curb and gutter, and constructing a sidewalk and a shared-
use path. This project would require approximately 1.8 acres of new 
right of way. 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 28, 2022, and other 
documents in the TxDOT project file. The Categorical Exclusion and 
other documents in the TxDOT project file are available by contacting 
the TxDOT Waco District Office at 100 South Loop Drive, Waco, TX 76704; 
telephone: (254) 867-2700.
    4. IH 69E, from Spur 54 in Harlingen to Spur 413 in Sebastian, 
Cameron and Willacy Counties, Texas. The purpose of the project is to 
improve safety and mobility by upgrading the facility to interstate 
standards, which would include widening and reconstructing IH 69E to a 
six-lane controlled access facility, with three 12 foot-wide travel 
lanes in each direction, 10 foot-wide inside and outside shoulders, and 
ramp improvements. The proposed project length is approximately 12 
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 September 30, 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 Pharr District Office 600 W 
Expressway 83, Pharr, TX 78577; telephone: (956) 702-6100.
    5. Slaughter Lane from Brodie Lane to South Loop 1 NB (Mopac), 
Travis County, Texas. The project will improve Slaughter Lane from a 
four-lane roadway to a six-lane roadway. In addition, new pedestrian/
bicycle facilities will be constructed along both sides of Slaughter 
Lane. The project is approximately 1.6 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 September 30, 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 Austin 
District Office at 7901 North I-35, Austin, TX 78753; telephone: (512) 
832-7000.
    6. FM 1082 Fort Phantom Hill Dam Road Project, from west of 
Cheyenne Creek Road to east of the Dam, in Jones County, Texas. The 
project would reconstruct existing FM 1082 due to the failing existing 
conditions of FM 1082 off the crest of the dam and relocate the roadway 
to the downstream side north of the lake. The new roadway will be 32 
feet-wide with two 11-foot travel lanes and 5-foot outside shoulders. A 
new bridge will cross Elm Creek at the bottom and will be 34 feet-wide 
with two 11-foot travel lanes and 5-foot outer shoulders. 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 7, 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 Abilene 
District Office at 4250 N Clack, Abilene, TX 79601; telephone: (325) 
676-6800.
    7. SH 151 from Loop 1604 to east of I-410, Bexar County, Texas. The 
project would widen SH 151 from a four-lane to a six-lane divided 
roadway. Other improvements include a direct connector from westbound 
SH 151 to northbound Loop 1604, frontage road improvements, a ramp 
reversal along Loop 1604, additional exit ramps, a collector 
distributor and turn-around bridges. The project is approximately 6.5 
miles along SH 151 and approximately 2.7 miles along Loop 1604. 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 November 15, 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 San Antonio District Office at 4615 NW Loop 410, San Antonio, TX 
78229; telephone: (210) 615-5839.
    8. FM 434 widening project from FM 3400 to the Falls County Line in 
McLennan County, Texas. The proposed roadway would generally consist of 
a single 12-foot wide travel lane in each direction with 8-foot wide 
shoulders. The intersection at FM 3400 would have center and right-turn 
lanes up to 14-foot wide, as well as striped medians up to 12 feet wide 
at the intersection. The proposed right-of-way would vary between 100 
and 280 feet wide. Access would remain at-grade and non-controlled. No 
new overpasses, underpasses, or bridges would be constructed, but Bull 
Hide bridge would be widened 11 feet on the downstream. Approximately 
30.90 acres of additional right-of-way would be required for the 
proposed project, as well as approximately 12.02 acres for permanent 
drainage easements. The

[[Page 2156]]

project is approximately 4.78 miles long. 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 November 
22, 2022, and other documents in the TxDOT project file. The 
Categorical Exclusion and other documents in the TxDOT project file are 
available by contacting the TxDOT Waco District Office at 100 South 
Loop Drive, Waco, TX 76704; telephone: (254) 867-2836.
    9. TxDOT, in conjunction with the Dallas/Fort Worth International 
Airport (DFW Airport), proposes to construct the East-West Connector 
(Rental Car Drive) project in eastern Tarrant County, Texas. The 
proposed roadway has project limits from SH 360 to International 
Parkway (Spur 97) and would consist of a new four-lane, divided urban 
arterial roadway. The project length is 1.65 miles. The purpose of the 
project is to reduce travel times and improve mobility to and from the 
DFW Airport. 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 September 1, 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 Fort Worth District Office 
at 2501 SW Loop 820, Fort Worth, TX 76133; telephone: (817) 370-6772.
    10. FM 2220 (Ware Road) from FM 1925 to Mile 5 Road in Hidalgo 
County, Texas. The purpose of the project is to improve safety and 
mobility by widening and reconstructing FM 2220 to a six-lane urban 
facility, to include three 12-foot-wide travel lanes in each direction, 
10-foot-wide shoulders, sidewalks, a raised median, and drainage 
improvements. The proposed project length is approximately 5.4 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), the Finding of No Significant Impact (FONSI) issued on October 
14, 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 Pharr District Office at 600 W Expressway 83, 
Pharr, TX 78577; telephone: (956) 702-6100.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2023-00491 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-22-P