Notice2023-22000
Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2023
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71073-71074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="/cdn-cgi/l/email-protection#db8bbaafa9b2b8b0f597bebe9bafa3bfb4aff5bcb4ad"><span class="__cf_email__" data-cfemail="92c2f3e6e0fbf1f9bcdef7f7d2e6eaf6fde6bcf5fde4">[email protected]</span></a>. 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
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</html>Indexed from Federal Register on October 13, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.