80_FR_18746 80 FR 18680 - Notice of Final Federal Agency Actions on US 183 From US 290 to SH 71 (Bergstrom Expressway) in Texas

80 FR 18680 - Notice of Final Federal Agency Actions on US 183 From US 290 to SH 71 (Bergstrom Expressway) in Texas

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18680-18681
FR Document2015-07803

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, US 183 from US 290 to SH 71 (Bergstrom Expressway) in Travis County in the State of Texas. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18680-18681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07803]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on US 183 From US 290 to 
SH 71 (Bergstrom Expressway) in 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.

-----------------------------------------------------------------------

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, US 183 from US 290 to SH 71 (Bergstrom Expressway) in 
Travis County in the State of 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 September 4, 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, Director, 
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., 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: US 183 from US 290 to SH 71 in Travis County (Bergstrom 
Expressway). The project will result in a total of six tolled main 
lanes and four to six non-tolled access road lanes (two to three in 
each direction). The tolled lanes would extend approximately seven 
miles. The purpose of the project is to improve safety and mobility.
    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 March 6, 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. The EA and FONSI may also be viewed and 
downloaded from the project Web site at http://www.bergstromexpressway.com/. Information about the project also is 
available from 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

[[Page 18681]]

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).

    Dated: March 30, 2015.
Carlos Swonke, P.G.
Director, Environmental Affairs Division, TxDOT.
Achille Alonzi,
Division Administrator, Federal Highway Administration.
[FR Doc. 2015-07803 Filed 4-6-15; 8:45 am]
BILLING CODE 4920-22-P



                                                  18680                           Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices

                                                  part 158 of the Federal Aviation           Transportation (TxDOT) and Federal                                 all laws under which such actions were
                                                  Regulations (14 CFR part 158).             agencies that are final within the                                 taken, including but not limited to:
                                                     On February 27, 2015, the FAA           meaning of 23 U.S.C. 139(l)(1). The                                   1. General: National Environmental
                                                  determined that the application to         actions relate to a proposed highway                               Policy Act (NEPA) [42 U.S.C. 4321–
                                                  impose and use the revenue from a PFC      project, US 183 from US 290 to SH 71                               4351]; Federal-Aid Highway Act [23
                                                  submitted by the Hillsborough County       (Bergstrom Expressway) in Travis                                   U.S.C. 109].
                                                  Aviation Authority was substantially       County in the State of Texas. Those                                   2. Air: Clean Air Act [42 U.S.C. 7401–
                                                  complete within the requirements of        actions grant licenses, permits, and                               7671(q)].
                                                  section 158.25 of part 158.                approvals for the project.                                            3. Land: Section 4(f) of the
                                                     The FAA will approve or disapprove                                                                         Department of Transportation Act of
                                                                                             DATES: By this notice, TxDOT is                                    1966 [49 U.S.C. 303]; Landscaping and
                                                  the application, in whole or in part, not  advising the public of final agency
                                                  later than May 29, 2015.                                                                                      Scenic Enhancement (Wildflowers), 23
                                                                                             actions subject to 23 U.S.C. 139(l)(1). A                          U.S.C. 319.
                                                     The following is a brief overview of    claim seeking judicial review of the
                                                  the application:                                                                                                 4. Wildlife: Endangered Species Act
                                                                                             Federal agency actions on the highway                              [16 U.S.C. 1531–1544 and Section
                                                     Proposed charge effective date:         project will be barred unless the claim
                                                  October 2, 2020.                                                                                              1536]; Fish and Wildlife Coordination
                                                                                             is filed on or before September 4, 2015.                           Act [16 U.S.C. 661–667(d)]; Migratory
                                                     Proposed charge expiration date:
                                                                                             If the Federal law that authorizes                                 Bird Treaty Act [16 U.S.C. 703–712].
                                                  October 1, 2035.
                                                                                             judicial review of a claim provides a                                 5. Historic and Cultural Resources:
                                                     Level of the proposed PFC: $4.50.
                                                                                             time period of less than 150 days for                              Section 106 of the National Historic
                                                     Total estimated PFC revenue:
                                                                                             filing such claim, then that shorter time                          Preservation Act of 1966, as amended
                                                  $506,751,787.
                                                     Brief description of proposed           period still applies.                                              [16 U.S.C. 470(f) et seq.]; Archeological
                                                  project(s): Airport Automated People       FOR FURTHER INFORMATION CONTACT: Mr.                               Resources Protection Act of 1977 [16
                                                  Mover (APM) System; Reconstruction of      Carlos Swonke, Director, Environmental                             U.S.C. 470(aa)–11]; Archeological and
                                                  the Taxiway J Bridge; South Terminal       Affairs Division, Texas Department of                              Historic Preservation Act [16 U.S.C.
                                                  support Area Roadway Improvements;         Transportation, 125 East 11th Street,                              469–469(c)]; Native American Grave
                                                  Taxiway J Runway Guard Lights; and         Austin, Texas 78701; telephone: 512–                               Protection and Repatriation Act
                                                  East Airfield Pavement Rehabilitation.     416–2734; email: carlos.swonke@                                    (NAGPRA) [25 U.S.C. 3001–3013].
                                                     Class or classes of air carriers which  txdot.gov. TxDOT’s normal business                                    6. Social and Economic: Civil Rights
                                                  the public agency has requested not be     hours are 8:00 a.m.–5:00 p.m., Monday                              Act of 1964 [42 U.S.C. 2000(d)–
                                                  required to collect PFCs: None.            through Friday.                                                    2000(d)(1)]; American Indian Religious
                                                     Any person may inspect the                                                                                 Freedom Act [42 U.S.C. 1996]; Farmland
                                                                                             SUPPLEMENTARY INFORMATION: Notice is
                                                  application in person at the FAA office                                                                       Protection Policy Act (FPPA) [7 U.S.C.
                                                                                             hereby given that TxDOT and Federal
                                                  listed above under FOR FURTHER                                                                                4201–4209].
                                                                                             agencies have taken final agency actions                              7. Wetlands and Water Resources:
                                                  INFORMATION CONTACT and at the FAA         by issuing licenses, permits, and
                                                  Regional Airports office located at: FAA                                                                      Clean Water Act [33 U.S.C. 1251–1377];
                                                                                             approvals for the following highway                                Land and Water Conservation Fund
                                                  Southern Region Headquarters, 1701         project in the State of Texas: US 183
                                                  Columbia Avenue, College Park, Georgia                                                                        (LWCF) [16 U.S.C. 4601–4604]; Safe
                                                                                             from US 290 to SH 71 in Travis County                              Drinking Water Act (SDWA) [42 U.S.C.
                                                  30337.                                     (Bergstrom Expressway). The project
                                                     In addition, any person may, upon                                                                          300(f)–300(j)(6)]; Rivers and Harbors Act
                                                                                             will result in a total of six tolled main                          of 1899 [33 U.S.C. 401–406]; Wild and
                                                  request, inspect the application, notice   lanes and four to six non-tolled access
                                                  and other documents germane to the                                                                            Scenic Rivers Act [16 U.S.C. 1271–
                                                                                             road lanes (two to three in each                                   1287]; Emergency Wetlands Resources
                                                  application in person at the offices of    direction). The tolled lanes would
                                                  the Hillsborough County Aviation                                                                              Act [16 U.S.C. 3921, 3931]; TEA–21
                                                                                             extend approximately seven miles. The                              Wetlands Mitigation [23 U.S.C.
                                                  Authority.                                 purpose of the project is to improve                               103(b)(6)(m), 133(b)(11)]; Flood Disaster
                                                     Issued in Orlando, Florida on March 31, safety and mobility.                                               Protection Act [42 U.S.C. 4001–4128].
                                                  2015.                                         The actions by TxDOT and the                                       8. Executive Orders: E.O. 11990,
                                                  Bart Vernace,                              Federal agencies, and the laws under                               Protection of Wetlands; E.O. 11988,
                                                  Manager, Orlando Airports District Office. which such actions were taken, are                                 Floodplain Management; E.O. 12898,
                                                  [FR Doc. 2015–07838 Filed 4–6–15; 8:45 am] described in the final Environmental                               Federal Actions to Address
                                                  BILLING CODE CODE 4910–13–P                Assessment (EA) for the project, for                               Environmental Justice in Minority
                                                                                             which a Finding of No Significant                                  Populations and Low Income
                                                                                             Impact (FONSI) was issued on March 6,                              Populations; E.O. 11593, Protection and
                                                  DEPARTMENT OF TRANSPORTATION 2015, and in other documents in the                                              Enhancement of Cultural Resources;
                                                                                             TxDOT administrative record. The EA,                               E.O. 13007, Indian Sacred Sites; E.O.
                                                  Federal Highway Administration             FONSI, and other documents in the                                  13287, Preserve America; E.O. 13175,
                                                                                             administrative record file are available                           Consultation and Coordination with
                                                  Notice of Final Federal Agency Actions by contacting TxDOT at the address
                                                                                                                                                                Indian Tribal Governments; E.O. 11514,
                                                  on US 183 From US 290 to SH 71             provided above. The EA and FONSI                                   Protection and Enhancement of
                                                  (Bergstrom Expressway) in Texas            may also be viewed and downloaded                                  Environmental Quality; E.O. 13112,
                                                                                             from the project Web site at http://
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                                                  AGENCY: Federal Highway                                                                                       Invasive Species; E.O. 12372,
                                                  Administration (FHWA), U.S. DOT.           www.bergstromexpressway.com/.                                      Intergovernmental Review of Federal
                                                  ACTION: Notice of Limitation on Claims
                                                                                             Information about the project also is                              Programs.
                                                  for Judicial Review of Actions by          available from TxDOT at the address                                   The environmental review,
                                                  TxDOT and Federal Agencies.                provided above.                                                    consultation, and other actions required
                                                                                                This notice applies to all TxDOT                                by applicable Federal environmental
                                                  SUMMARY: This notice announces actions decisions and Federal agency decisions                                 laws for this project are being, or have
                                                  taken by Texas Department of               as of the issuance date of this notice and                         been, carried-out by TxDOT pursuant to


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                                                                                  Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Notices                                            18681

                                                  23 U.S.C. 327 and a Memorandum of                       www.regulations.gov, including any                    II. Qualifications of Applicants
                                                  Understanding dated December 16,                        personal information provided. Please                 Tony W. Alonzo
                                                  2014, and executed by FHWA and                          see the Privacy Act heading below for
                                                  TxDOT.                                                  further information.                                    Mr. Alonzo, 53, has had ITDM since
                                                                                                                                                                2010. His endocrinologist examined him
                                                     Authority: 23 U.S.C. 139(l)(1).                        Docket: For access to the docket to                 in 2015 and certified that he has had no
                                                    Dated: March 30, 2015.                                read background documents or                          severe hypoglycemic reactions resulting
                                                  Carlos Swonke, P.G.                                     comments, go to http://                               in loss of consciousness, requiring the
                                                  Director, Environmental Affairs Division,               www.regulations.gov at any time or                    assistance of another person, or
                                                  TxDOT.                                                  Room W12–140 on the ground level of                   resulting in impaired cognitive function
                                                  Achille Alonzi,                                         the West Building, 1200 New Jersey                    that occurred without warning in the
                                                  Division Administrator, Federal Highway                 Avenue SE., Washington, DC, between 9                 past 12 months and no recurrent (2 or
                                                  Administration.                                         a.m. and 5 p.m., Monday through                       more) severe hypoglycemic episodes in
                                                  [FR Doc. 2015–07803 Filed 4–6–15; 8:45 am]              Friday, except Federal holidays. The                  the last 5 years. His endocrinologist
                                                  BILLING CODE 4920–22–P
                                                                                                          Federal Docket Management System                      certifies that Mr. Alonzo understands
                                                                                                          (FDMS) is available 24 hours each day,                diabetes management and monitoring,
                                                                                                          365 days each year. If you want                       has stable control of his diabetes using
                                                  DEPARTMENT OF TRANSPORTATION                            acknowledgment that we received your                  insulin, and is able to drive a CMV
                                                                                                          comments, please include a self-                      safely. Mr. Alonzo meets the
                                                  Federal Motor Carrier Safety                            addressed, stamped envelope or                        requirements of the vision standard at
                                                  Administration                                          postcard or print the acknowledgement                 49 CFR 391.41(b)(10). His optometrist
                                                                                                          page that appears after submitting                    examined him in 2015 and certified that
                                                  [Docket No. FMCSA–2014–0315]
                                                                                                          comments on-line.                                     he does not have diabetic retinopathy.
                                                  Qualification of Drivers; Exemption                                                                           He holds a Class B CDL from Texas.
                                                                                                            Privacy Act: In accordance with 5
                                                  Applications; Diabetes Mellitus                         U.S.C. 553(c), DOT solicits comments                  Rafael M. Alvarado
                                                  AGENCY: Federal Motor Carrier Safety                    from the public to better inform its                    Mr. Alvarado, 35, has had ITDM since
                                                  Administration (FMCSA).                                 rulemaking process. DOT posts these                   2009. His endocrinologist examined him
                                                  ACTION: Notice of applications for                      comments, without edit, including any                 in 2015 and certified that he has had no
                                                  exemptions request for comments.                        personal information the commenter                    severe hypoglycemic reactions resulting
                                                                                                          provides, to www.regulations.gov, as                  in loss of consciousness, requiring the
                                                  SUMMARY:   FMCSA announces receipt of                   described in the system of records                    assistance of another person, or
                                                  applications from 73 individuals for                    notice (DOT/ALL–14 FDMS), which can                   resulting in impaired cognitive function
                                                  exemption from the prohibition against                  be reviewed at www.dot.gov/privacy.                   that occurred without warning in the
                                                  persons with insulin-treated diabetes                                                                         past 12 months and no recurrent (2 or
                                                  mellitus (ITDM) operating commercial                    FOR FURTHER INFORMATION CONTACT:
                                                                                                          Charles A. Horan, III, Director, Carrier,             more) severe hypoglycemic episodes in
                                                  motor vehicles (CMVs) in interstate                                                                           the last 5 years. His endocrinologist
                                                  commerce. If granted, the exemptions                    Driver and Vehicle Safety Standards,
                                                                                                                                                                certifies that Mr. Alvarado understands
                                                  would enable these individuals with                     (202) 366–4001, fmcsamedical@dot.gov,
                                                                                                                                                                diabetes management and monitoring,
                                                  ITDM to operate CMVs in interstate                      FMCSA, Department of Transportation,
                                                                                                                                                                has stable control of his diabetes using
                                                  commerce.                                               1200 New Jersey Avenue SE., Room
                                                                                                                                                                insulin, and is able to drive a CMV
                                                                                                          W64–224, Washington, DC 20590–0001.
                                                  DATES: Comments must be received on                                                                           safely. Mr. Alvarado meets the
                                                                                                          Office hours are from 8:30 a.m. to                    requirements of the vision standard at
                                                  or before May 7, 2015.
                                                                                                          5 p.m., Monday through Friday, except                 49 CFR 391.41(b)(10). His optometrist
                                                  ADDRESSES: You may submit comments
                                                                                                          Federal holidays.                                     examined him in 2014 and certified that
                                                  bearing the Federal Docket Management
                                                  System (FDMS) Docket No. FMCSA–                         SUPPLEMENTARY INFORMATION:                            he does not have diabetic retinopathy.
                                                  2014–0315 using any of the following                                                                          He holds a Class B CDL from Texas.
                                                                                                          I. Background
                                                  methods:                                                                                                      Mark J. Avedisian
                                                    • Federal eRulemaking Portal: Go to                      Under 49 U.S.C. 31136(e) and 31315,
                                                  http://www.regulations.gov. Follow the                                                                          Mr. Avedisian, 41, has had ITDM
                                                                                                          FMCSA may grant an exemption from                     since 1985. His endocrinologist
                                                  on-line instructions for submitting                     the Federal Motor Carrier Safety
                                                  comments.                                                                                                     examined him in 2015 and certified that
                                                                                                          Regulations for a 2-year period if it finds           he has had no severe hypoglycemic
                                                    • Mail: Docket Management Facility;
                                                                                                          ‘‘such exemption would likely achieve a               reactions resulting in loss of
                                                  U.S. Department of Transportation, 1200
                                                                                                          level of safety that is equivalent to or              consciousness, requiring the assistance
                                                  New Jersey Avenue SE., West Building
                                                                                                          greater than the level that would be                  of another person, or resulting in
                                                  Ground Floor, Room W12–140,
                                                                                                          achieved absent such exemption.’’ The                 impaired cognitive function that
                                                  Washington, DC 20590–0001.
                                                    • Hand Delivery: West Building                        statute also allows the Agency to renew               occurred without warning in the past 12
                                                  Ground Floor, Room W12–140, 1200                        exemptions at the end of the 2-year                   months and no recurrent (2 or more)
                                                  New Jersey Avenue SE., Washington,                      period. The 73 individuals listed in this             severe hypoglycemic episodes in the
                                                  DC, between 9 a.m. and 5 p.m., Monday                   notice have recently requested such an                last 5 years. His endocrinologist certifies
                                                                                                          exemption from the diabetes prohibition
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                                                  through Friday, except Federal                                                                                that Mr. Avedisian understands diabetes
                                                  Holidays.                                               in 49 CFR 391.41(b) (3), which applies                management and monitoring, has stable
                                                    • Fax: 1–202–493–2251.                                to drivers of CMVs in interstate                      control of his diabetes using insulin,
                                                    Instructions: Each submission must                    commerce. Accordingly, the Agency                     and is able to drive a CMV safely. Mr.
                                                  include the Agency name and the                         will evaluate the qualifications of each              Avedisian meets the requirements of the
                                                  docket numbers for this notice. Note                    applicant to determine whether granting               vision standard at 49 CFR 391.41(b)(10).
                                                  that all comments received will be                      the exemption will achieve the required               His ophthalmologist examined him in
                                                  posted without change to http://                        level of safety mandated by statute.                  2014 and certified that he has stable


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Document Created: 2018-02-21 10:05:04
Document Modified: 2018-02-21 10:05:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Limitation on Claims for Judicial Review of Actions by TxDOT and Federal Agencies.
DatesBy 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 September 4, 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.
ContactMr. Carlos Swonke, Director, 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., Monday through Friday.
FR Citation80 FR 18680 

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