Proposed Rules. Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies

1,119 words·~5 min read·/register/2023/10/13/2023-22000·

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BILLING CODE 4910-13-P 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. 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: *Patrick.Lee@txdot.gov.* 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 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]

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