Notice of Final Federal Agency Actions on US 183 From US 290 to SH 71 (Bergstrom Expressway) in Texas

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)

Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)

Notices

Pages 18680-18681

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2015-07803

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Final Federal Agency Actions on US 183 From US 290 to SH 71 (Bergstrom Expressway) in Texas

AGENCY: Federal Highway Administration (FHWA), U.S. DOT.

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 Texas Department of Transportation (TxDOT) and Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, US 183 from US 290 to SH 71 (Bergstrom Expressway) in Travis County in the State of Texas. Those actions grant licenses, permits, and approvals for the project.

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 the Federal agency actions on the highway project will be barred unless the claim is filed on or before September 4, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Carlos Swonke, Director, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: 512-416-2734; email: carlos.swonke@txdot.gov. TxDOT's normal business hours are 8:00 a.m.-

5:00 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of Texas: US 183 from US 290 to SH 71 in Travis County (Bergstrom Expressway). The project will result in a total of six tolled main lanes and four to six non-tolled access road lanes (two to three in each direction). The tolled lanes would extend approximately seven miles. The purpose of the project is to improve safety and mobility.

The actions by TxDOT and the Federal agencies, and the laws under which such actions were taken, are described in the final Environmental Assessment (EA) for the project, for which a Finding of No Significant Impact (FONSI) was issued on March 6, 2015, and in other documents in the TxDOT administrative record. The EA, FONSI, and other documents in the administrative record file are available by contacting TxDOT at the address provided above. The EA and FONSI may also be viewed and downloaded from the project Web site at http://www.bergstromexpressway.com/. Information about the project also is available from TxDOT at the address provided above.

This notice applies to all TxDOT decisions 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; 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 16 U.S.C. 470(f) et seq.; Archeological Resources Protection Act of 1977 16 U.S.C. 470(aa)-11; Archeological and Historic Preservation Act 16 U.S.C. 469-469(c); 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; 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; E.O. 12372, Intergovernmental Review of Federal Programs.

   The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to

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   23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT.

   Authority: 23 U.S.C. 139(l)(1).

   Dated: March 30, 2015.

   Carlos Swonke, P.G.

   Director, Environmental Affairs Division, TxDOT.

   Achille Alonzi,

   Division Administrator, Federal Highway Administration.

   FR Doc. 2015-07803 Filed 4-6-15; 8:45 am

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