[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57517-57520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18173]


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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 January 22, 2024. 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

[[Page 57518]]

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. Loop 1604 from Macdona Lacoste Rd to US 90, Bexar County, Texas. 
The project will construct a four-lane general purpose divided highway 
consisting of two 12-foot-wide travel lanes in each direction with a 
ten-foot outside shoulder and a four-foot inside shoulder from the 
Medina River to US 90. The existing Medina River bridge will remain in 
place and be converted to northbound-only travel lanes. A second 
parallel bridge will be constructed to the west for southbound lanes 
and will be approximately 690 feet long. South of the Medina River, 
Loop 1604 will transition back to the existing two-lane undivided 
highway approximately 200 feet north of Macdona Lacoste Road. The 
project is approximately 3.8 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 1, 
2023, 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.
    2. SH 35 (Spur 5) from I-45 to I-610 in Harris County, Texas. The 
project will extend existing Spur 5 and construct a roadway on new 
location south of existing Spur 5 as SH 35. SH 35 will consist of a 
four- to ten-lane roadway between I-45 and Dixie Drive with an 
interchange at I-610. The number of main lanes will transition from 
four main lanes (between Dixie Drive and Glencoe Avenue) to six main 
lanes (between Glencoe Avenue and Griggs Road) to ten main lanes 
(between Griggs Road and Old Spanish Trail) and back to eight main 
lanes (between Old Spanish Trail and I-45). The SH 35/I-610 interchange 
would consist of an elevated, multi-level interchange between SH 35 and 
I-610. SH 35 would be elevated over I-610. The project is approximately 
3.4 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 7, 2023, 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 Ave., Houston, TX 77007; telephone: (713) 802-5000.
    3. US 90 from I-10 to FM 1463 in Waller, Fort Bend, and Harris 
Counties, Texas. US 90 will be widened to a four-lane roadway with a 
raised median. Improvements from I-10 to Donigan Road will include only 
pavement upgrades and striping. Within the City of Brookshire from 
Koomey Road to Kenney Street, travel lanes will be separated by a 14-
foot-wide center left-turn lane. Accommodation for bicycles and 
pedestrians will be provided. The project is approximately 10 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 16, 2023, 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 Ave., Houston, TX 
77007 or 713-802-5000. The Categorical Exclusion Determination and 
other documents in the TxDOT project file are available by contacting 
the TxDOT Houston District Office at 7600 Washington Ave., Houston, TX 
77007; telephone: (713) 802-5000.
    4. FM 407 from Cleveland Gibbs Road to Gateway Drive in Denton 
County, Texas. The project will include the widening of FM 2931 to a 
six-lane urban roadway section with a raised median and left-turn lanes 
in various locations within the project limits. The project includes 
widening of FM 407 and reconstructing to an urban six-lane section with 
turn lanes. The project is approximately 1.4 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 20, 2023, 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 Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150; 
telephone: (214) 320-4480.
    5. Temple Outer Loop from 522 feet south of Jupiter Drive to north 
of Riverside Trail along Old Waco Road in Bell County, Texas. The 
project will be approximately 1.25 miles long and will widen the 
existing two-lane undivided roadway to a four-lane divided roadway with 
a raised boulevard grassy median section. The project will include 
curbs, gutters, a hike and bike trail, and dedicated bike lanes. The 
project will increase capacity by the construction of

[[Page 57519]]

two additional travel lanes, one in each direction. 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 21, 2023, 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 Waco District Office 
at 100 S Loop Drive, Waco, TX 76704; telephone: (254) 867-2700.
    6. FM 741 from US 175 to FM 548 in Kaufman County, Texas. The 
project includes reconstructing and widening FM 741 to include an 
additional 12-foot travel lane in each direction as well as a raised 
median, totaling four lanes. The project is approximately 8.32 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 28, 2023, 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 Dallas District Office at 4777 E Highway 80, Mesquite, TX 
75150; telephone: (214) 320-4480.
    7. IH 20 from FM 1187/FM 3325 to Markum Ranch Road, and IH 30 from 
IH 20 to Linkcrest Drive, in Parker and Tarrant Counties, Texas. The 
project will include three new interchanges on IH 20 and one new 
interchange on IH 30. Portions of the existing frontage roads along IH 
20 and IH 30 would be reconstructed and shared-use paths for bicycle 
and pedestrian accommodations will be provided. The project will also 
include operational improvements to existing cross streets, main lanes, 
ramps, and auxiliary lanes. The length of the project along IH 20 is 
approximately 5.6 miles and the length of the project along IH 30 is 
approximately 2.4 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 April 4, 2023, 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 Fort Worth District Office at 2501 SW 
Loop 820, Fort Worth, TX 76133; telephone: (817) 370-6744.
    8. US 82 West from 0.1 mile west of FM 3403 to 0.1 mile west of US 
259 in Bowie and Red River Counties, Texas. The project will widen a 
6.9-mile section of US 82 from a two-lane roadway to a four-lane 
divided roadway with a paved median. 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, 2023, 
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 Atlanta District Office at 701 E 
Main Street, Atlanta, TX 75551; telephone: (903) 799-1306.
    9. Meandering Road from SH 183 to Anahuac Avenue, and LTjg Barnett 
Road from Meandering Road to the Naval Air Station Reserve Base east 
gate, in Tarrant County, Texas. The Cities of Fort Worth and River Oaks 
are proposing improvements along Meandering Road and LTjg Barnett Road. 
Road reconstruction on Meandering Road between Roberts Cut Off Road and 
LTjg Barnett Road will result in a reduction from four lanes to three 
lanes, and the addition of a shared-use path on the north side of the 
roadway, and a sidewalk on the south side. On LTjg Barnett Road from 
Meandering Road to the east side of the West Fork Trinity River, the 
project will involve reconstructing the two 12-foot-wide lanes to 11-
foot-wide lanes and adding a bike lane in each direction (on-road), a 
sidewalk on the north side of the roadway, and a shared-use path on the 
south side. From the east side of the West Fork Trinity River to the 
East Gate of the NASJRB, only pavement restriping would occur (i.e., no 
construction). A new traffic signal would be installed at the 
intersection of Meandering Road and Roberts Cut Off Road, and 
Meandering Road would be realigned at and intersect Roberts Cut Off 
Road at a 90-degree angle, effectively shifting the intersection 
approximately 150 feet to the north. Approximately 800 feet of Roberts 
Cut Off Road south of Meandering Road would be reconstructed and a 
sidewalk would be added to the west side. A roundabout is proposed at 
Meandering Road's intersection with LTjg Barnett Road/Brocks Lane. A 
shared-use path would accommodate both bicycles and pedestrians at this 
roundabout. The existing connection of Brocks Lane to the Meandering 
Road/LTjg Barnett Road intersection would be moved approximately 130 
feet to the west and connect directly to Meandering Road. A new 
driveway would also be constructed, extending from this new segment 
southward to access the parking lot at the west corner of the LTjg 
Barnett Road/Brocks Lane intersection. The existing Brocks Lane 
pavement past (east of) this new connection would be removed and 
revegetated as part of the project. Drainage would remain curb-and-
gutter throughout the length of the project. 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 May 4, 
2023, 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 Fort Worth District Office at 
2501 SW Loop 820, Fort Worth, TX 76133; telephone: (817) 370-6744.
    10. Construction of Border Inspection Facilities on the South 
Orient Railroad from the Texas/Mexico Border to CR 31 in Presidio 
County, Texas. The project will construct border inspection facilities 
to include scanning equipment, office buildings, parking lots, rail car 
covered area, access roadways, and applicable utilities. 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 May 11, 2023, 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 El Paso District 
Office at 13301 Gateway West, El Paso, TX; telephone: (915) 790-4341.
    11. SH 30 from William D. Fitch Parkway to CR 175 in Brazos and 
Grimes Counties, Texas. The project will widen SH 30 from a two-lane 
undivided roadway to a four-lane roadway with a continuous center turn 
lane from approximately 1,500 feet northwest of William D. Fitch 
Parkway in Brazos County to approximately 1,500 feet east of CR 175 in 
Grimes County. Project length is approximately 2.75 miles. The project 
will reconstruct SH 30 to four 12-foot wide travel lanes (two in each 
direction) with a 15-foot wide median/two-way left-turn lane and 10-
foot wide outside shoulders. The three bridge structures within the 
project limits would be replaced to accommodate the improvements. 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 May 24, 2023, 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 Bryan District Office at 2591 North Earl Rudder

[[Page 57520]]

Freeway, Bryan, TX 77803; telephone: (979) 778-2165.
    12. Lampasas US 183 Widening Project from 0.46 mile east of Lometa 
to US 281 in Lampasas County, Texas. The project will provide 
additional pavement width where necessary for a total of four travel 
lanes, two in each direction, add a flush center median for left-hand 
turning movements; improve shoulders; add guardrails; improve drainage 
by upgrading culverts; and reduce the slope (steepness) of ditches. The 
total length of project is approximately 15 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 May 
24, 2023, 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 Brownwood District 
Office at 2495 Highway 183 North, Brownwood, TX 76802; telephone: (325) 
646-2591.
    13. US Highway 79 Widening Project from approximately 0.3 mile west 
of IH 45 to approximately 0.5 mile west of FM 1512 in Leon County, 
Texas. The majority of the project will provide two 12-foot travel 
lanes in each direction separated by a 76-foot grass median. The travel 
lanes will be bounded by four-foot inside and ten-foot outside 
shoulders. There will be grade separations at railroads and at the 
Nucor entrance. Entrance and exit ramps will provide access to Nucor. 
The FM 39 bridge over US 79 will be replaced and the existing entrance 
and exit ramps will be removed and replaced with a single connection 
just northeast of the FM 39 crossing. In Jewett, the project will 
provide two 12-foot travel lanes in each direction separated by a 16-
foot two-way center turn lane. The total length of the project is 
approximately 10.3 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 March 1, 2023, 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 Bryan District Office at 
2591 North Earl Rudder Freeway, Bryan, TX 77803; telephone: (979) 778-
2165.

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

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2023-18173 Filed 8-22-23; 8:45 am]
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