[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Page 45701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18313]
[[Page 45701]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on I-35 Northeast
Expansion Project, Bexar, Comal and Guadalupe Counties, 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, I-35 Northeast Expansion Project in Bexar, Comal and
Guadalupe Counties, 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 December 28, 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, P.G., Environmental
Affairs Division, Texas Department of Transportation, 125 East 11th
Street, Austin, Texas 78701; telephone: (512) 416-2734; email:
[email protected]. TxDOT normal business hours are 8:00 a.m. to
5:00 p.m. (central time) 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: I-35 Northeast Expansion Project, Bexar, Comal and Guadalupe
Counties, Texas. The project will include the construction of four
elevated managed lanes (two in each direction) generally between the
existing I-35 mainlanes and frontage roads along I-35 from I-410 South
in San Antonio to FM 1103 in Schertz. Direct connectors at the I-35/I-
410 South, I-35/I-410 West, and I-35/Loop 1604 interchanges and
operational improvements at the FM 2252, Old Wiederstein Road, and FM
1103 intersections are also included. 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 July
2, 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.
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 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).
Issued on: July 21, 2105.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2015-18313 Filed 7-30-15; 8:45 am]
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