[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4708-4711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01448]


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DEPARTMENT OF TRANSPORTATION


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.

[[Page 4709]]


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 150 days from the date of 
publication. 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 
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. The Woodrow Road widening project extends from FM 1730 (Slide 
Road) to US 87 in Lubbock County, Texas. TxDOT plans to widen Woodrow 
Road by converting the existing two-way rural roadway to a five-lane 
urban facility with right-turn lanes at major intersections. Shared-use 
paths and sidewalks with ADA ramps will be constructed throughout the 
project. This project is approximately 4.75 miles in length and will 
improve transportation infrastructure to current design standards and 
improve mobility in southern Lubbock County. 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 7, 2021, 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 Lubbock District 
Office at 135 Slaton Road, Lubbock, Texas 79404; telephone (806)748-
4472.
    2. SH 30 from 2,225-ft west of Gibbons Creek to 2,225-ft east of 
Gibbons Creek, Grimes County, Texas. The project would replace a bridge 
on SH 30 at Gibbons Creek. The proposed structure would be 86-ft wide 
and 550-ft long and would incorporate bridge and approach rails that 
meet current standards. The proposed bridge would be shifted slightly 
north of the current alignment and the project would require 3.854 ac 
of new right-of-way. The purpose of the proposed project is to improve 
safety by bringing the bridge and approaches up to current standards. 
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 23, 2021 and other documents in the 
TxDOT project file. The Categorical Exclusion Determination and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the address provided above or the TxDOT Bryan District Office at 
2591 North Earl Rudder Fwy, Bryan, TX 77803; telephone (979)778-9764.
    3. Center Street from Kohlers Crossing to Burleson Street, Hays 
County. The project proposes to replace existing UPRR rail siding 
through downtown Kyle from Kohlers Crossing to Burleson Street. The 
project is approximately two miles in length. The actions by TxDOT and 
Federal agencies and the laws under which such actions were taken are 
described in the Categorical

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Exclusion Determination issued on October 1, 2021, 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.
    4. FM 1560 from FM 471 to SH 16 in Bexar County, Texas. The project 
includes expanding the existing roadway from two to four lanes with a 
raised median or center turn lane and constructing bike lanes and 
sidewalks along the entire length of the project. The project is 
approximately 5.2 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 7, 2021, 
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.
    5. William Cannon Drive from McKinney Falls Parkway to Running 
Water Drive, Travis County. The project will improve William Cannon 
Drive from a two-lane undivided urban roadway to a four-lane divided 
urban roadway with bicycle and pedestrian accommodations. The project 
is approximately 0.88 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 13, 2021, 
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.
    6. SH 80 from SH 123 to BU 181E, in Karnes County, Texas. The 
purpose of the project is to improve mobility along SH 80 by widening 
and rehabilitating SH 80 between SH 123 and BU 181E. The proposed 
project would involve widening and reconstruction of the main lanes, 
adding a continuous center left turn lane, and including pedestrian 
accommodations and replacement of traffic signals in portions of the 
project area, for approximately 1.8 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 
15, 2021 and other documents in the TxDOT project file. The Categorical 
Exclusion Determination and other documents in the TxDOT project file 
are available by contacting TxDOT at the address provided above or the 
TxDOT Corpus Christi District Office at 1701 South Padre Island Drive, 
Corpus Christi, TX 78416; telephone (361) 808-2500.
    7. IH 45 Frontage Road Conversion and Ramp Relocation, 1.6 Miles 
North of FM 27 to 1.5 Miles South of US 84, Freestone County, Texas. 
Construction includes ramp reconfiguration, frontage road 
rehabilitation, frontage road realignment, new location frontage road, 
and intersection improvements. The project would encompass 107.8 acres 
of disturbed construction activity. This project would require 
approximately 6.44 acres of new ROW along the east side of the existing 
ROW. There are four proposed northbound new location ramps as follows: 
Exit ramps to Church Street, US 84, and FM 27. Also, a re-constructed 
entrance ramp from FM 27. There are five proposed southbound ramps as 
follows: New location, entrance ramp from Church Street, and new 
location exit ramps to Church Street, to US 84, to FM 27 with a 2-way 
westbound frontage road, and a new location exit ramp to the 2-way west 
frontage road north of the FM 27 exit ramp. All ramps would consist of 
a 14-ft travel lane with 6-ft outside shoulders and 2-ft inside 
shoulders. The IH 45 east side Frontage Road will be realigned at US 84 
and FM 27. The remaining existing IH 45 East Frontage Road pavement 
will be rehabilitated. The IH 45 east side Frontage Road will be 
extended from Church Street to US 84. The IH 45 west side Frontage Road 
will be realigned at Church Street, US 84, and FM 27. The remaining 
existing IH 45 west side Frontage Road pavement will be rehabilitated. 
Between US 84 and FM 27 the east and west frontage roads would consist 
of two 12-ft one-way travel lanes with 4-ft inside and outside 
shoulders, and the outside shoulder would be bounded with curb and 
gutter. Behind the curb sections there may be an offset of 
approximately 0 to 5 ft, and 10-ft shared use path. Both the IH 45 east 
side and west side frontage roads will be converted to one-way 
operation from Church Street to FM 27. Two-way operation will remain 
south of Church Street and north of FM 27 on the west side frontage 
road. Both east side and west side frontage roads would consist of two 
12-ft travel lanes with 4-ft shoulders bounded by open ditches. 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 22, 2021, 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 at 2591 N Earl Rudder Fwy, Bryan, TX 77803; 
telephone (979) 778-9764.
    8. Interstate Highway 35 (I-35), from north of SE Inner Loop to 
south of RM 1431 (southbound), Williamson County, Texas. This project 
will take place in the cities of Georgetown and Round Rock along 4.4 
miles of I-35. The project will involve various improvements to I-35, 
SE Inner Loop, and Westinghouse Road. The project includes: Removing 
the Westinghouse Road bridge and constructing a new I-35 bridge over 
Westinghouse Road; constructing westbound to southbound Continuous Flow 
Intersection at Westinghouse Road; improving intersection at I-35 and 
SE Inner Loop; improve existing southbound I-35 frontage road from 
north of SE Inner Loop to RM 1431; reversing entrance/exit ramps along 
the southbound I-35 frontage road between SE Inner Loop and RM 1431; 
and improving bicycle and pedestrian sidewalks and paths. 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 9, 2021, 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.
    9. US 59 Loop North from International Blvd. to 0.12 miles south of 
East Corridor Rd. in Webb County, Texas. This proposed project would 
upgrade the existing US 59 roadway to a full urban interstate 
expressway with three 12-ft. wide main lanes with 4-ft. wide inside 
shoulders and 10-ft. wide outside shoulders in each direction separated 
by an approximately 3-ft. tall concrete traffic barrier. One-direction 
frontage roads would consist of three 12-foot lanes with 4-foot wide 
inside shoulders and 2-foot wide outside shoulders. There would be main 
lane overpasses at each of the major arterial street intersections at 
(from north to south) Shiloh Road, Del Mar Boulevard, University Drive, 
and Jacaman Road. Storm water drainage would typically be via a mix of 
grass-lined open ditches and underground separate storm sewers that 
would outfall into storm water detention ponds that will be constructed 
adjacent to the proposed project. The

[[Page 4711]]

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 9/01/2021, 
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, ATTN Raul Leal- Laredo District Public Information Officer; 
telephone: 956-712-7416; email: [email protected]. The EA can also be 
viewed and downloaded from the following website: https://www.txdot.gov/inside-txdot/projects/studies/laredo/092021.html.
    10. I-35 Capital Express North from SH 45N to US 290E, Travis and 
Williamson Counties. The project will add one non-tolled managed lane 
in each direction, reconstruct intersections and bridges to accommodate 
the additional lane and increase east/west mobility, add a diverging 
diamond interchange at Wells Branch Parkway, improve bicycle and 
pedestrian accommodations along I-35 frontage roads and at east/west 
crossings and make additional safety and mobility improvements. The 
project is approximately 11.5 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 Assessment (EA), Finding of No 
Significant Impact (FONSI) issued on December 17, 2021 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 Austin 
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the 
following website: https://my35capex.com/.
    11. I-35 Capital Express South from US 290W/SH 71 to SH 45SE, 
Travis and Hays Counties. The project would add two non-tolled high-
occupancy managed lanes in each direction. The managed lanes would be 
elevated from north of Stassney Lane to south of William Cannon Drive. 
Additionally, the project would reconstruct bridges, add auxiliary 
lanes, improve bicycle and pedestrian accommodations along I-35 
frontage roads and includes other safety and mobility improvements. 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 Final Environmental Assessment (EA), Finding of No 
Significant Impact (FONSI) issued on December 21, 2021, 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 Austin 
District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-
832-7000. The EA and FONSI can also be viewed and downloaded from the 
following website: https://my35capex.com/.
    Authority: 23 U.S.C. 139(l)(1).

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2022-01448 Filed 1-27-22; 8:45 am]
BILLING CODE 4910-22-P


