80_FR_45851 80 FR 45704 - Notice of Final Federal Agency Actions on US 281, From Loop 1604 to Borgfeld Drive in Bexar County, Texas

80 FR 45704 - Notice of Final Federal Agency Actions on US 281, From Loop 1604 to Borgfeld Drive in Bexar County, Texas

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 80, Issue 147 (July 31, 2015)

Page Range45704-45705
FR Document2015-18308

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 281, from Loop 1604 to Borgfeld Drive in Bexar County in the State of Texas. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 80 Issue 147 (Friday, July 31, 2015)
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Notices]
[Pages 45704-45705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18308]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on US 281, From Loop 1604 
to Borgfeld Drive in Bexar County, 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 281, from Loop 1604 to Borgfeld Drive in Bexar 
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 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: 
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: US 281, from Loop 1604 to Borgfeld Drive. The project will 
expand the US 281 to a six-

[[Page 45705]]

lane expressway with partial access-controlled outer lanes. From Loop 
1604 to Stone Oak Parkway, the expressway lanes would include two non-
toll general purpose lanes with an auxiliary lane plus one managed lane 
in each direction. The expressway lanes would be situated between three 
partial access-controlled outer lanes in each direction, also known as 
frontage roads. From Stone Oak Parkway to Borgfeld Drive, US 281 would 
ultimately be expanded to a six-lane expressway (three managed lanes in 
each direction) with two non-toll outer lanes in each direction. The 
purpose of the project is to improve mobility and accessibility, 
enhance safety, and improve community quality of life.
    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 (EIS) issued on May 8, 2015 for the project, for which 
a Record of Decision (ROD) was issued on July 17, 2015, and in other 
documents in the TxDOT administrative record. The EIS, ROD, and other 
documents in the administrative record file are available by contacting 
TxDOT at the address provided above. The EIS and ROD may also be viewed 
and downloaded from the project Web site at http://www.411on281.com/us281eis/.
    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, 2015.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2015-18308 Filed 7-30-15; 8:45 am]
BILLING CODE 4910-22-P



                                                    45704                            Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices

                                                       Retrieval. The NHTS data will be                         Travel Logs. A personalized travel log             will summarize and/or include your
                                                    collected from respondents either from                   will be provided for each household                   comments in the request for OMB’s
                                                    self-reporting via the web, or from                      member (ages 5 and older). The logs are               clearance of this information collection.
                                                    professionally trained interviewers                      intended to be a memory jogger to guide                 Authority: The Paperwork Reduction Act
                                                    using a computer-assisted telephone                      accurate data collection and aid in the               of 1995; 44 U.S.C. chapter 35, as amended;
                                                    interviewing (CATI) system. Either                       reporting of each place visited on the                and 49 CFR 1.48.
                                                    approach will be based upon a single                     travel day.                                             Issued on: July 28, 2015.
                                                    database that allows for sophisticated                      Exemplar Log. Participants will be
                                                                                                                                                                   Michael Howell,
                                                    branching and skip patterns to enhance                   provided with an exemplar log with the
                                                    data retrieval by asking only those                      instructions for recording the details                Information Collection Officer, Federal
                                                                                                                                                                   Highway Administration.
                                                    questions that are necessary and                         about the places visited on the travel
                                                    appropriate for the individual                           day.                                                  [FR Doc. 2015–18795 Filed 7–30–15; 8:45 am]
                                                    participant. Look-up tables are included                    All Web and computer assisted                      BILLING CODE 4910–22–P
                                                    to assist with information such as                       telephone interview (CATI) instruments
                                                    vehicle makes and models. The Google                     will be reviewed for section 508
                                                    map UI is used to assist in identifying                  compliance using the rules specified in               DEPARTMENT OF TRANSPORTATION
                                                    specific place names and locations. The                  sections 1194.22—‘Web-based intranet
                                                                                                                                                                   Federal Highway Administration
                                                    location data for the participant’s home,                and internet information and
                                                    workplace, or school are stored and                      applications’ and 1194.23—                            Notice of Final Federal Agency Actions
                                                    automatically inserted in the dataset for                ‘Telecommunications products.’ All                    on US 281, From Loop 1604 to
                                                    trips after the first report. Household                  materials will be available in both                   Borgfeld Drive in Bexar County, Texas
                                                    rostering is a list of all vehicles and                  English and Spanish language forms.
                                                    persons in the household that allows a                   Spanish translations will be developed                AGENCY:  Federal Highway
                                                    trip to be reported from one household                   using industry standards and will apply               Administration (FHWA), U.S. DOT.
                                                    member and can include another                           reverse-translation protocols.                        ACTION: Notice of limitation on claims
                                                    household member who travel together                                                                           for judicial review of actions by TxDOT
                                                    to be inserted into the record for the                   Estimated Burden Hours for
                                                                                                             Information Collection                                and Federal agencies.
                                                    second person. This automatic insert of
                                                    information reduces the burden of the                      Frequency: This collection will be                  SUMMARY:    This notice announces actions
                                                    second respondent to be queried about                    conducted every 5–7 years.                            taken by Texas Department of
                                                    a trip already reported by the initial                     Respondents. A stratified random                    Transportation (TxDOT) and Federal
                                                    respondent.                                              sample of 26,000 households across the                agencies that are final within the
                                                       Data range, consistency and edit                      50 states and the District of Columbia                meaning of 23 U.S.C. 139(l)(1). The
                                                    checks are automatically programmed to                   will be included in the survey.                       actions relate to a proposed highway
                                                    reduce reporting error, survey length,                   Household will include an average of                  project, US 281, from Loop 1604 to
                                                    and maintain the flow of information                     2.5 members for a total of 65,000                     Borgfeld Drive in Bexar County in the
                                                    processing. Data cross checks also help                  individual respondents to the main                    State of Texas. Those actions grant
                                                    reduce the burden by ensuring that the                   survey.                                               licenses, permits, and approvals for the
                                                    reporting is consistent within each trip.                  Estimated Average Burden per                        project.
                                                       Data retrieval is based upon materials                Response. It will take approximately 5                DATES: By this notice, TxDOT is
                                                    provided to participants as shown                        minutes per household member to                       advising the public of final agency
                                                    below.                                                   complete the recruitment data form, and               actions subject to 23 U.S.C. 139(l)(1). A
                                                                                                             20 minutes to complete the retrieval                  claim seeking judicial review of the
                                                    Travel Log Materials
                                                                                                             survey. This results in a total of 25                 Federal agency actions on the highway
                                                       Travel Log Packet. The travel log                     minutes per household member.                         project will be barred unless the claim
                                                    packet will include a letter, an exemplar                  Estimated Total Annual Burden                       is filed on or before December 28, 2015.
                                                    log, and personalized travel logs for                    Hours. It is estimated that a total of                If the Federal law that authorizes
                                                    each age eligible person in the                          65,000 persons will be included in the                judicial review of a claim provides a
                                                    household, and will be sent using first                  survey. This would result in                          time period of less than 150 days for
                                                    class postage in a 6″ x 9″ envelope. The                 approximately 27,083 hours of support                 filing such claim, then that shorter time
                                                    envelopes will be branded to match the                   for this data collection effort.                      period still applies.
                                                    letterhead used for the invitation letter.
                                                    The second respondent incentive will                     Public Comments Invited                               FOR FURTHER INFORMATION CONTACT: Mr.
                                                    be included with the travel logs. This $5                  You are asked to comment on any                     Carlos Swonke, P.G., Environmental
                                                    cash incentive is expected to serve as a                 aspect of this information collection,                Affairs Division, Texas Department of
                                                    ‘‘good faith’’ incentive to encourage                    including: (1) Whether the proposed                   Transportation, 125 East 11th Street,
                                                    completion of the retrieval survey.                      collection of information is necessary                Austin, Texas 78701; telephone: (512)
                                                       Travel Log Letter. A household letter                 for the USDOT’s performance, including                416–2734; email: carlos.swonke@
                                                    will be included in the travel log packet.               whether the information will have                     txdot.gov. TxDOT’s normal business
                                                    The letter will further familiarize the                  practical utility; (2) the data acquisition           hours are 8:00 a.m.–5:00 p.m. (central
                                                    participants with the travel recording                   methods; (3) the accuracy of the                      time), Monday through Friday.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    stage, identify the households’ travel                   USDOT’s estimate of the burden of the                 SUPPLEMENTARY INFORMATION: Notice is
                                                    date and provide details about when                      proposed information collection; (4) the              hereby given that TxDOT and Federal
                                                    and how to complete the retrieval                        types of data being acquired; (5) ways to             agencies have taken final agency actions
                                                    survey. The letter will also remind                      enhance the quality, usefulness, and                  by issuing licenses, permits, and
                                                    participants about the final $20                         clarity of the collected information; and             approvals for the following highway
                                                    household incentive. Like the invitation                 (6) ways that the burden could be                     project in the State of Texas: US 281,
                                                    letter, the travel log letter will be                    minimized without reducing the quality                from Loop 1604 to Borgfeld Drive. The
                                                    branded.                                                 of the collected information. The agency              project will expand the US 281 to a six-


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                                                                                     Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Notices                                           45705

                                                    lane expressway with partial access-                     Freedom Act [42 U.S.C. 1996]; Farmland                 Administration (FRA) for a waiver of
                                                    controlled outer lanes. From Loop 1604                   Protection Policy Act (FPPA) [7 U.S.C.                 compliance from certain provisions of
                                                    to Stone Oak Parkway, the expressway                     4201–4209].                                            the Federal railroad safety regulations.
                                                    lanes would include two non-toll                           7. Wetlands and Water Resources:                     DATES: Communications received by
                                                    general purpose lanes with an auxiliary                  Clean Water Act [33 U.S.C. 1251–1377];                 September 14, 2015 will be considered
                                                    lane plus one managed lane in each                       Land and Water Conservation Fund                       by FRA before final action is taken.
                                                    direction. The expressway lanes would                    (LWCF) [16 U.S.C. 4601–4604]; Safe                     Comments received after that date will
                                                    be situated between three partial access-                Drinking Water Act (SDWA) [42 U.S.C.                   be considered as far as practicable.
                                                    controlled outer lanes in each direction,                300(f)–300(j)(6)]; Rivers and Harbors Act              ADDRESSES: A copy of the petition, as
                                                    also known as frontage roads. From                       of 1899 [33 U.S.C. 401–406]; Wild and                  well as any written communications
                                                    Stone Oak Parkway to Borgfeld Drive,                     Scenic Rivers Act [16 U.S.C. 1271–                     concerning the petition, is available for
                                                    US 281 would ultimately be expanded                      1287]; Emergency Wetlands Resources                    review online at www.regulations.gov
                                                    to a six-lane expressway (three managed                  Act [16 U.S.C. 3921, 3931]; TEA–21                     and in person at the U.S. Department of
                                                    lanes in each direction) with two non-                   Wetlands Mitigation [23 U.S.C.                         Transportation’s (DOT) Docket
                                                    toll outer lanes in each direction. The                  103(b)(6)(m), 133(b)(11)]; Flood Disaster              Operations Facility, 1200 New Jersey
                                                    purpose of the project is to improve                     Protection Act [42 U.S.C. 4001–4128].                  Avenue SE., W12–140, Washington, DC
                                                    mobility and accessibility, enhance                        8. Executive Orders: E.O. 11990,                     20590. The Docket Operations Facility
                                                    safety, and improve community quality                    Protection of Wetlands; E.O. 11988,                    is open from 9 a.m. to 5 p.m., Monday
                                                    of life.                                                 Floodplain Management; E.O. 12898,
                                                       The actions by TxDOT and the                                                                                 through Friday, except Federal
                                                                                                             Federal Actions to Address                             Holidays.
                                                    Federal agencies, and the laws under                     Environmental Justice in Minority                         All communications concerning these
                                                    which such actions were taken, are                       Populations and Low Income                             proceedings should identify the
                                                    described in the final Environmental                     Populations; E.O. 11593, Protection and                appropriate docket number and may be
                                                    Impact Statement (EIS) issued on May 8,                  Enhancement of Cultural Resources;                     submitted by any of the following
                                                    2015 for the project, for which a Record                 E.O. 13007, Indian Sacred Sites; E.O.                  methods:
                                                    of Decision (ROD) was issued on July                     13287, Preserve America; E.O. 13175,                      • Web site: www.regulations.gov.
                                                    17, 2015, and in other documents in the                  Consultation and Coordination with                     Follow the online instructions for
                                                    TxDOT administrative record. The EIS,                    Indian Tribal Governments; E.O. 11514,                 submitting comments.
                                                    ROD, and other documents in the                          Protection and Enhancement of                             • Fax: 202–493–2251.
                                                    administrative record file are available                 Environmental Quality; E.O. 13112,                        • Mail: Docket Operations Facility,
                                                    by contacting TxDOT at the address                       Invasive Species; E.O. 12372,                          U.S. Department of Transportation, 1200
                                                    provided above. The EIS and ROD may                      Intergovernmental Review of Federal                    New Jersey Avenue SE., W12–140,
                                                    also be viewed and downloaded from                       Programs.                                              Washington, DC 20590.
                                                    the project Web site at http://                            The environmental review,                               • Hand Delivery: 1200 New Jersey
                                                    www.411on281.com/us281eis/.                              consultation, and other actions required               Avenue SE., Room W12–140,
                                                       This notice applies to all TxDOT                      by applicable Federal environmental                    Washington, DC 20590, between 9 a.m.
                                                    decisions and Federal agency decisions                   laws for this project are being, or have               and 5 p.m., Monday through Friday,
                                                    as of the issuance date of this notice and               been, carried-out by TxDOT pursuant to                 except Federal Holidays.
                                                    all laws under which such actions were                   23 U.S.C. 327 and a Memorandum of                      SUPPLEMENTARY INFORMATION:
                                                    taken, including but not limited to:                     Understanding dated December 16,
                                                       1. General: National Environmental                                                                              In accordance with part 211 of Title
                                                                                                             2014, and executed by FHWA and                         49 Code of Federal Regulations (CFR),
                                                    Policy Act (NEPA) [42 U.S.C. 4321–                       TxDOT.
                                                    4351]; Federal-Aid Highway Act [23                                                                              this document provides the public
                                                    U.S.C. 109].                                                  Authority: 23 U.S.C. 139(l)(1).                   notice that by a document dated May
                                                       2. Air: Clean Air Act [42 U.S.C. 7401–                  Issued on: July 21, 2015.                            14, 2015, the Pacific Railroad
                                                    7671(q)].                                                Michael T. Leary,
                                                                                                                                                                    Preservation Association (PRPA) has
                                                       3. Land: Section 4(f) of the                                                                                 petitioned the Federal Railroad
                                                                                                             Director, Planning and Program Development,
                                                    Department of Transportation Act of                      Federal Highway Administration.
                                                                                                                                                                    Administration (FRA) for a waiver of
                                                    1966 [49 U.S.C. 303]; Landscaping and                                                                           compliance from certain provisions of
                                                                                                             [FR Doc. 2015–18308 Filed 7–30–15; 8:45 am]
                                                    Scenic Enhancement (Wildflowers), 23                                                                            the Federal railroad safety regulations
                                                                                                             BILLING CODE 4910–22–P
                                                    U.S.C. 319.                                                                                                     contained at 49 CFR part 230—Steam
                                                       4. Wildlife: Endangered Species Act                                                                          Locomotive Inspection and
                                                    [16 U.S.C. 1531–1544 and Section                         DEPARTMENT OF TRANSPORTATION                           Maintenance Standards. FRA assigned
                                                    1536]; Fish and Wildlife Coordination                                                                           the petition Docket Number FRA–2015–
                                                    Act [16 U.S.C. 661–667(d)]; Migratory                    Federal Railroad Administration                        0055.
                                                    Bird Treaty Act [16 U.S.C. 703–712].                                                                               PRPA is the operator of Spokane,
                                                       5. Historic and Cultural Resources:                   [Docket Number FRA–2015–0055]                          Portland, and Seattle steam locomotive
                                                    Section 106 of the National Historic                                                                            No. 700 (SP&S 700). PRPA is a member
                                                                                                             Petition for Waiver of Compliance.
                                                    Preservation Act of 1966, as amended                                                                            of the Oregon Rail Heritage Foundation
                                                    [16 U.S.C. 470(f) et seq.]; Archeological                AGENCY:  Federal Railroad                              (ORHF) in Portland, Oregon. SP&S 700
                                                    Resources Protection Act of 1977 [16                                                                            is a 4–8–4 ‘‘Northern’’ type of steam
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             Administration, DOT.
                                                    U.S.C. 470(aa)–11]; Archeological and                    ACTION: Petition for Waiver of                         locomotive built by the Baldwin
                                                    Historic Preservation Act [16 U.S.C.                     Compliance.                                            Locomotive Works in 1938. PRPA
                                                    469–469(c)]; Native American Grave                                                                              typically operates SP&S 700 for 31
                                                    Protection and Repatriation Act                          SUMMARY:  This document provides the                   service days or less per year, and
                                                    (NAGPRA) [25 U.S.C. 3001–3013].                          public notice that by a document dated                 expects to continue to do so in the
                                                       6. Social and Economic: Civil Rights                  May 14, 2015, the Pacific Railroad                     future. PRPA requests a 138-calendar-
                                                    Act of 1964 [42 U.S.C. 2000(d)–                          Preservation Association (PRPA) has                    day extension as it pertains to the 1,472
                                                    2000(d)(1)]; American Indian Religious                   petitioned the Federal Railroad                        service-day inspection of the boiler as


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Document Created: 2015-12-15 12:59:15
Document Modified: 2015-12-15 12:59:15
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 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.
ContactMr. 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.
FR Citation80 FR 45704 

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