http://regulations.justia.com/regulations/fedreg/2016/09/13/2016-21406.html
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Action
on I–35 Improvements From Rundberg
Lane to US 290 East in Austin, Travis
County, Texas
AGENCY: Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT),
Texas Department of Transportation
(TxDOT).
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
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62970 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices
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, I–35
Improvements from Rundberg Lane to
US 290 East in Austin, Travis County,
in the State of Texas. Those actions
grant licenses, permits, and approvals
for the project. Under MAP–21 section
1319, TxDOT has issued a Finding of No
Significant Impact 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 February 9, 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: carlos.swonke@
txdot.gov. 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: I–35
Improvements from Rundberg Lane to
US 290 East in Austin, Travis County.
The project is approximately 1.6 miles
in length on US 183 and approximately
2.35 miles in length on I–35, would
require approximately 7 acres of
additional right-of-way, and would
provide direct connectors (flyovers)
between I–35 southbound to US 183
southbound; US 183 northbound to I–35
northbound; and I–35 southbound to US
183 northbound. The project will also
add lanes to the I–35 frontage road in
both directions to bypass the St. Johns
Avenue signalized intersection; replace
the existing St. Johns Avenue bridge
over I–35 to provide the required
vertical clearance; provide frontage road
U-turns for the northbound and
southbound directions at St. Johns
Avenue; modify the I–35 northbound to
US 183 northbound flyover; and provide
bicycle and pedestrian facilities along
the frontage roads.
The actions by TxDOT and the
Federal agencies, and the laws under
which such actions were taken, are
described in the Environmental
Assessment (EA) and Finding of No
Significant Impact (FONSI) issued on
August 1, 2016, and in other documents
in the TxDOT project file. The EA,
FONSI, and other documents in the
TxDOT project file are available by
contacting TxDOT at the addresses
provided above. The TxDOT EA and
FONSI can be viewed and downloaded
from the project Web site at
www.My35.org/Capital or by visiting the
TxDOT Austin District Office at 7901
North I–35, Austin, TX 78753.
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. The regulations
implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities apply to this program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: August 31, 2016.
Michael T. Leary,
Director, Planning and Program Development,
Federal Highway Administration.
[FR Doc. 2016–21406 Filed 9–12–16; 8:45 am]
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