[Federal Register Volume 89, Number 63 (Monday, April 1, 2024)]
[Notices]
[Pages 22476-22477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06826]


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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 August 29, 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

[[Page 22477]]

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. FM 236 from US 77 to FM 237, Victoria County, Texas. The project 
will widen FM 236 to an undivided four-lane highway with two 12-foot 
lanes in each direction. The project will also provide a 10-foot 
shoulder in each direction, and a continuous 12-foot turn lane. The 
length of the project is approximately 10.2 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 14, 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 Yoakum District 
Office at 403 Huck Street, Yoakum, Texas 77995; telephone: (361) 293-
4300.
    2. IH-45 from south of Causeway to south of 61st Street, Galveston 
County, Texas. The proposed I-45 improvements will include 
reconstructing and widening I-45 from the Galveston Causeway Bridge to 
61st Street and adding a direct connector from northbound 61st Street 
to northbound I-45. The project is approximately 2.5 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 January 11, 2024, 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, Texas 
77007; telephone: (713) 802-5076.
    3. US 277 Relief Route, from US 67 to 0.93 mile north of FM 2105, 
Tom Green County, Texas. The project will take place in the vicinity of 
San Angelo and will convert the existing US 277 to a rural highway 
section with frontage roads, increase capacity from two lanes to four 
lanes (two in each direction), add a vegetated median with cable 
traffic barrier between main lanes, and will include turn-around lanes 
at grade-separated intersections. The length of the project is 
approximately 2.9 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 February 27, 2024, 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 Angelo District Office at 4502 
Knickerbocker Road, San Angelo, Texas 76904; telephone: (325) 944-1501.
    4. Inspiration Road/Military Parkway Loop from IH-2 to Military 
Parkway, and from Inspiration Road to FM 1016, Hildalgo County, Texas. 
The project will widen and reconstruct Inspiration Road and Military 
Parkway. Inspiration Road, from approximately 200 feet south of IH-2 to 
Military Parkway, would be widened to provide four 11 to 14-foot-wide 
travel lanes, two 10-foot-wide shoulders, a 12 to 16-foot-wide 
continuous left turn lane, and 5 to 6-foot-wide sidewalks on both sides 
of the roadway; a length of 2.5 miles. On Military Parkway, west of 
Inspiration Road, from CR 2791 to Inspiration Road, a transition would 
be provided. Military Parkway, from Inspiration Road to FM 1016, would 
be widened and reconstructed to include four 12-foot-wide travel lanes, 
one 16-foot-wide continuous left turn lane, two 10-foot-wide shoulders, 
and a 6-foot-wide sidewalk on both sides of the roadway with the 
exception of the section of the levees which would be a 5-foot-wide 
sidewalk along the north side only; a length of 2.0 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 January 4, 2024, 
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 West Interstate 2, Pharr, Texas 
78577; telephone: (956) 702-6102.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2024-06826 Filed 3-29-24; 8:45 am]
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