Notice of Final Federal Agency Actions on Proposed Highway Projects in Texas

Published date28 September 2021
Citation86 FR 53725
Record Number2021-20916
SectionNotices
CourtFederal Highway Administration
Federal Register, Volume 86 Issue 185 (Tuesday, September 28, 2021)
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
                [Notices]
                [Pages 53725-53727]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-20916]
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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), 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 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:
                [[Page 53726]]
                 1. Hi-Line Road, from Cage Boulevard (US 281) to Veterans Road
                (I Road), Hidalgo County, Texas. The purpose of the project is to
                improve safety and connectivity by reconstructing and widening Hi-
                Line Road from Cage Boulevard to Veterans Road from a two-lane rural
                roadway with 12-foot wide travel lanes and roadside ditches to a
                three-lane urban roadway with 14-foot wide travel lanes and a 16-
                foot wide center left-turn lane, with curb and gutter drainage
                system, for approximately 1.03 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
                June 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 the TxDOT Pharr District
                Office at 600 W Interstate 2, Pharr, TX 78577; telephone (956) 702-
                6100.
                 2. The US 287 project from the Union Pacific Railroad (UPRR) to
                south of Lone Star Rd, Tarrant and Johnson Counties, Texas. The
                project includes the construction of frontage roads (northbound and
                southbound) within the existing US 287 right of way. U-Turn lanes
                would be provided at the north and south ends of the project. Bike
                lanes would be included along the frontage roads to accommodate
                cyclists. Continuous sidewalks and shoulders would be constructed
                along the frontage roads to accommodate pedestrians as well as curb-
                and-gutter and drainage structures. A short segment of Lone Star
                Road would be reconstructed and widened from two lanes to six lanes
                from BUS 287 (South Main Street) to the main driveway leading to
                Texas Health Mansfield. 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 July 10, 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 Fort Worth District Office at 2501
                SW Loop 820, Fort Worth, Texas 76133; telephone: (817) 370-6744.
                 3. FM Spur 121, from CR 60 to FM 121, Grayson County, Texas. The
                purpose of the project is to improve connectivity by constructing a
                new-location two-lane rural roadway with 12-foot wide travel lanes,
                10-foot wide shoulders, and roadside ditches, for approximately 4.2
                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 July 16, 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 Paris District Office at 1365 N Main St.,
                Paris, Texas 75460; telephone (903) 737-9300.
                 4. The SH 183 at Union Pacific Railroad (UPRR) widening and
                bridge replacement project, Tarrant County, Texas. The project
                includes replacement of the existing UPRR underpass on SH 183 and
                the widening of the existing SH 183 roadway to accommodate left- and
                right-turn lanes at the intersections. Improvements will also
                include retaining walls, shared use paths, grading, illumination,
                and storm system improvements. The project limits are SH 183 from
                approximately 850 feet west of North Nichols Street to approximately
                630 feet east of Decatur Avenue, including both rail and roadway
                sections. Overall, the proposed improvements would extend
                approximately 0.475 mile along SH 183. 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
                July 28, 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 Fort Worth
                District Office at 2501 SW Loop 820, Fort Worth, Texas 76133;
                telephone: (817) 370-6744.
                 5. SH 5 from south of CR 275 to south of Melissa Road in Collin
                County, Texas. The proposed improvements would include the
                reconstruction and widening of SH 5 within the project limits. SH 5
                from CR 275 to south of Melissa Road would be reconstructed from a
                2-lane rural roadway to a 4-lane (6-lane ultimate) divided urban
                roadway with raised curb and a variable-width median. SH 121, from
                south of the intersection of SH 121 and CR 338 to the Union Pacific
                Railroad (UPRR), would be reconstructed from a 4-lane divided rural
                roadway with depressed median to a 4-lane (6-lane ultimate) divided
                urban roadway with a variable-width median. The total project length
                is approximately 2.5 miles. The purpose of the proposed project
                along SH 5 is to improve safety and mobility, and update the roadway
                to current design and safety 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
                August 3, 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 Dallas District
                Office at 4777 E Highway 80, Mesquite, TX 75150; telephone: (214)
                320-6200.
                 6. FM 1173 from FM 156 to IH 35 in Denton County, Texas. The
                proposed improvements would include constructing a new six-lane
                urban highway with sidewalks on both sides. The reconstruction of FM
                1173 would be approximately 5,400 feet in length; the new
                construction portion of FM 1173 would be approximately 3,200 feet
                and the reconstruction of the existing Barthold Road would be
                approximately 10,400 feet in length. The total project length is
                approximately 3.6 miles. The purpose of the proposed project is to
                provide infrastructure options to reduce traffic congestion on the
                existing roadways, to increase mobility (including pedestrian and
                bicycle accommodations), and to address design deficiencies. 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 August 25, 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 Dallas District Office at 4777 E Highway 80,
                Mesquite, TX 75150; telephone (214) 320-6200.
                 7. SH 359 from approximately four miles east of SL 20 to
                approximately ten miles east of SL 20 in Webb County, Texas. The
                project will widen SH 359 from the existing two-lane roadway with a
                continuous left turn lane to a four-lane roadway with a continuous
                left turn lane for approximately three miles, and a four-lane
                divided highway for approximately three miles. The total distance
                for this project will be approximately six miles and will
                accommodate the increase of traffic in the area with added safety
                features added to this roadway. This will serve the adjacent
                subdivisions and the commuters passing through from surrounding
                areas as well as the transportation of goods. 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 August 31, 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 Laredo
                District Office at 1817 Bob Bullock Loop, Laredo, Texas 78043;
                telephone: 956-712-7400.
                 8. SL 195, from FM 755 to US 83, Starr County, Texas. The
                purpose of the project is to increase mobility by providing an
                additional route for traffic traveling through southern Starr County
                between the cities of Rio Grande City and Roma. The proposed project
                would involve the construction of a new-location 4-lane divided
                highway connecting FM 755 to US 83 for approximately 17.24 miles.
                The actions by TxDOT and Federal agencies and the laws under which
                such actions were taken are described in the Environmental
                Assessment (EA), the Finding of No Significant Impact (FONSI) issued
                on June 8, 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 Pharr District Office at 600 W
                Interstate 2, Pharr, Texas 78577; telephone: (956) 702-6100.
                 9. US 271/SL 485 from FM 16 to the Gregg/Upshur County line in
                Smith and Gregg Counties, Texas. The purpose of the proposed project
                is to improve safety and connectivity on US 271/SL 485 between the
                cities of Gladewater and Tyler by widening the road to a four-lane
                highway with two 12-foot travel lanes in each direction, a variable
                center median, shoulders, with bicycle accommodations and curb and
                gutter in portions of the project. The proposed project length is
                approximately 10.4 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 Assessment (EA), the Finding of
                No Significant Impact (FONSI) issued on July 27, 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 Tyler District Office at 2709 W Front St., Tyler, Texas 75702;
                telephone (903) 510-9100.
                [[Page 53727]]
                 10. US 87 Expansion Project from east of the US 385 Interchange
                near Hartley, to FM 2589 west of Dumas, in Moore and Hartley
                Counties, Texas. The proposed project includes expanding the roadway
                from the current two-lane with super-two passing lanes configuration
                to a four-lane divided highway. This project is approximately 20
                miles long. 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 July 29, 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 Amarillo District
                Office at 5715 Canyon Drive, Amarillo, Texas 79110; telephone: (806)
                356-3256.
                 11. US 281 from SH 186/FM 1017 to FM 3066, in Hidalgo and Brooks
                Counties, Texas. The purpose of the project is to upgrade US 281 to
                interstate standards and improve mobility to meet projected traffic
                demand. The proposed project would involve widening and
                reconstruction of the main lanes, as well as addition of frontage
                roads and overpasses throughout portions of the project area, for
                approximately 41.9 miles. The actions by TxDOT and Federal agencies
                and the laws under which such actions were taken are described in
                the Environmental Assessment (EA), the Finding of No Significant
                Impact (FONSI) issued on September 13, 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 Pharr
                District Office at 600 W Interstate 2, Pharr, Texas 78577;
                telephone: (956) 702-6100.
                 Authority: 23 U.S.C. 139(l)(1).
                Michael T. Leary,
                Director, Planning and Program Development, Federal Highway
                Administration.
                [FR Doc. 2021-20916 Filed 9-27-21; 8:45 am]
                BILLING CODE 4910-22-P
                

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