[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11100-11101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03126]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Action on State Highway 99 (Grand
Parkway) Segment B, From SH 288 to Interstate Highway (IH) 45 South,
Brazoria and Galveston Counties, Texas
AGENCY: Texas Department of Transportation, Federal Highway
Administration, U.S. Department of Transportation (DOT).
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 within the meaning of 23 U.S.C. 139(l)(1). 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. The actions relate to a proposed highway project, State
Highway 99 (Grand Parkway) Segment B, from SH 288 to IH 45 South, in
Brazoria and Galveston Counties in the State of Texas. Those actions
grant licenses, permits, and approvals for the project. Under MAP-21
section 1319, TxDOT has issued a separate Final Environmental Impact
Statement (FEIS) and Record of Decision (ROD) for this action.
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 July 17, 2017. 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's normal business hours are 8:00 a.m.-
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: State Highway 99 (Grand Parkway) Segment
[[Page 11101]]
B, from SH 288 to IH 45 South, in Brazoria and Galveston Counties. The
project will be a four-lane, controlled-access tollway facility,
consisting of two lanes in each direction within a 400-foot-wide right-
of-way (ROW) and auxiliary lanes between on-ramps and off-ramps where
appropriate. The actions by TxDOT and the Federal agencies, and the
laws under which such actions were taken, are described in the Final
Environmental Impact Statement (FEIS) issued on April 28, 2016 and
Record of Decision (ROD) issued on November 30, 2016, and in other
documents in the TxDOT project file. The FEIS, ROD, and other documents
in the TxDOT project file are available by contacting TxDOT at the
addresses provided above. The TxDOT FEIS and ROD can be viewed and
downloaded from the project Web site at http://www.grandpky.com/Segment-B-Documents or by visiting the TxDOT Houston District Office at
7600 Washington Avenue, Houston, TX 77007.
This notice applies to all 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 [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 (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.)
Authority: 23 U.S.C. 139(l)(1).
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2017-03126 Filed 2-16-17; 8:45 am]
BILLING CODE 4910-22-P