[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87047-87049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27546]


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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 87048]]


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 May 13, 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. US 79 at Little Brazos River, Robertson County, Texas. The 
project will replace and widen the existing US 79 bridge and approaches 
over the Little Brazos River. Additional roadway improvements include 
reconstruction of the base and roadway ditch grading, structure 
widening, and drainage restoration and improvements. The project is 
1.441 miles long on US 79 southwest of Hearne, TX. Starting at the 
northeast limits of the project, an existing culvert will be 
reconstructed, and an existing concrete-lined drainage channel will be 
reconstructed. This work will extend an additional 0.48 mile and will 
include driveway construction over the proposed ditch. Additional work 
on FM 50 where it intersects with US 79 will be 0.12 mile 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 September 5, 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 Freeway, Bryan, 
Texas 77803; telephone: (979) 778-2165.
    2. SH 178 from the Texas/New Mexico state line to the SH 178/I-10 
interchange, El Paso County, Texas. The project will include four 
direct connectors at the interchange of I-10 and SH 178. Between I-10 
and SH 20 (Doniphan Drive) improvements include access control 
measures, reconstruction, and extension of existing frontage roads in 
both directions. The project will also include grade-separated 
interchanges along SH 178 at Upper Valley Road and Westside Drive, with 
four elevated lanes constructed over these intersections, and entrance 
and exit ramps connecting with two-lane access roads. The total project 
length is approximately three 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 October 3, 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 79928; telephone: (915) 790-4341.
    3. SH 6 at the BNSF railroad, Brazoria County, Texas. The project 
will reconstruct the pump station and install a new stormwater 
detention on SH 6 at the BNSF railroad near Avenue C/Perry Lane. 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 5, 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 Avenue, Houston, TX 
77007; telephone: (713) 802-5000.
    4. US 183 from RM 1431 to Avery Ranch Boulevard, Williamson County, 
Texas. The improvements include the

[[Page 87049]]

construction of two to four continuous northbound and southbound 
general purpose lanes adjacent to the 183A tollway, as well as a 
shared-use path on the northbound side of the roadway. Exit and 
entrance ramps would also be reconstructed to connect the existing 183A 
toll facility to the general purpose lanes. No improvements are 
proposed on the adjacent 183A tollway. The project is approximately 
2.83 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 October 9, 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 Austin District Office at 7901 North 
I-35, Austin, TX 78753; telephone: (512) 832-7000.
    5. Wheatland Road From Dallas/Lancaster County Line to University 
Hills Boulevard, Dallas County, Texas. The proposed roadway will be a 
new location undivided roadway realigning Wheatland Road. The project 
will accommodate four 12-foot-wide travel lanes (two in each 
direction), with dedicated 5-foot-wide bike lanes and 5-foot-wide 
sidewalks along both sides of the roadway within an 80-foot-wide right-
of-way to match the previous improved section of Wheatland Rd east of 
the proposed project. The realigned Killough Blvd. would include one 
12-foot lane in either direction and a dedicated right-turn lane toward 
Wheatland Road. The project is approximately 0.579 mile 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 October 23, 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.
    6. State Loop (SL) 335 realignment at SH 136 intersection in Potter 
County, Texas. The project will extend along SL 335 from approximately 
0.58 mile south of the SH 136 intersection to approximately 0.365 mile 
north of the intersection, for a total project length of approximately 
0.94 mile. Entrance and exit ramps on SL 335 north of SH 136 will be 
reconfigured to eliminate the jug handles so that the frontage roads 
tie straight into SH 136. Eastbound SH 136 west of the intersection 
will add a 12-foot-wide right turn lane for traffic turning south onto 
southbound SL 335. New frontage roads for SL 335 northbound and 
southbound traffic south of SH 136 will be constructed adjacent to the 
SL 335 main lanes. The areas north of SH 136 where jug handles will be 
removed will be shaped and reseeded. Lakeside Drive north of SH 136 
will no longer be connected to the SL 335 roadway. 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 27, 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 Amarillo District 
Office at 5715 Canyon Drive, Amarillo, TX 79110; telephone: (806) 356-
3200.
    7. FM 428 from Dallas Parkway to SH 289/Preston Road, Collin 
County, Texas. The project will include the realignment and widening of 
the roadway within the project limits. Improvements will consist of 
four 12-foot-wide lanes (ultimate six) with an 18-foot-wide raised 
median, and 10-foot-wide sidewalks along both sides of the road. The 
project will include a bridge over Doe Branch and an overpass over the 
BNSF tracks. The project is approximately 1.8 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 November 10, 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.
    8. Hachar-Reuthinger Road, from FM 1472 to I-35 Southbound Frontage 
Road, Webb County, Texas. The proposed Hachar-Reuthinger Road will 
provide a new roadway on new location for approximately 8.4 miles from 
FM 1472 (aka Mines Road) northbound lane east to the southbound 
(western) frontage road of I-35 approximately two miles north of the I-
35/Beltway Parkway/Uniroyal Drive overpass. The proposed roadway will 
consist of a four-lane divided facility with two lanes of travel in 
each direction. The proposed roads will consist of two 12-foot-wide 
travel lanes with four-foot-wide inside shoulders and 10-foot-wide 
outside shoulders. Intersections with turnarounds will be constructed 
at the intersection of the future Beltway Parkway and at two additional 
locations based upon the City of Laredo Thoroughfare Plan. These two 
currently unidentified intersections will be located approximately 2.4 
miles east of Mines Road/FM 1472 intersection, and approximately 1.5 
mile northeast of the Hachar Road/Beltway Parkway. A westbound 
turnaround will be constructed approximately 0.16 mile east of the FM 
1472/Hachar-Reuthinger Road intersection. 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 20, 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 Laredo 
District Office at 1817 Bob Bullock Loop, Laredo, TX 78043; telephone: 
(956) 712-7402.
    9. FM 517 from SH 35 to I-45 in Brazoria and Galveston Counties, 
Texas. The project will make improvements along 9.8 miles of FM 517. 
Between SH 35 and FM 646 the improvements will include widening the 
existing facility to four lanes with two 12-foot-wide travel lanes in 
each direction. Between FM 646 and I-45, the improvements will add an 
18-foot-wide raised median with turn lanes. The facility will also have 
14-foot-wide shoulders and 10-foot-wide shared use paths on both sides 
of the roadway. No sidewalks are proposed between FM 646 and I-45. The 
roadway will be converted to curb and gutter system with open vegetated 
ditches. There are no detention ponds proposed. 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 30, 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 Houston 
District Office at 7600 Washington Avenue, Houston, TX 77007; 
telephone: (713) 802-5000.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2023-27546 Filed 12-14-23; 8:45 am]
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