[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71073-71074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22000]


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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 March 11, 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 a.m.-5 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. Loop 9, Segment A from US 67 to IH 35E in Dallas and Ellis 
Counties, Texas. The project will construct a six-lane new location 
frontage road system between US 67 and IH 35E. The frontage roads will 
consist of three 12-foot lanes, an 8-foot inside shoulder, and an 8-
foot outside shoulder. The project right-of-way will include a median 
that will accommodate the future construction of

[[Page 71074]]

an ultimate access-controlled mainlane facility. The project is 
approximately 9.4 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 Impact Statement (EIS), the Record of 
Decision (ROD) issued on September 22, 2023, and other documents in the 
TxDOT project file. The EIS, ROD, 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.
    2. US 380 from Coit Road to FM 1827 in Collin County, Texas. The 
project will provide a new location, eight-lane, controlled access 
freeway with two-lane, one-way frontage roads on each side from Coit 
Road and existing US 380 to the eastern terminus at existing US 380 and 
FM 1827. Depending on the location, the typical freeway section will 
consist of four 12-foot-wide travel lanes in each direction with 10- to 
17-foot-wide inside and outside shoulders and two-lane (each 12 feet 
wide), one-way frontage roads on either side of the mainlanes. Shared-
use paths built along the outside of the frontage roads will provide 
bicycle and pedestrian accommodations. The project is approximately 
15.6 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 Impact Statement (EIS), the Record of Decision (ROD) 
issued on September 27, 2023, and other documents in the TxDOT project 
file. The EIS, ROD, 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.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2023-22000 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-22-P