81 FR 8587 - Notice of Final Federal Agency Actions on MoPac (Loop 1) Intersections, Travis County, Texas
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 33 (February 19, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 33 (February 19, 2016)
| Page Range | 8587-8588 | |
| FR Document | 2016-03033 |
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)] [Notices] [Pages 8587-8588] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03033] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on MoPac (Loop 1) Intersections, Travis 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, MoPac (Loop 1) Intersections from north of Slaughter Lane to south of La Crosse Avenue, Travis County, 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 July 18, 2016. 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. 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: MoPac (Loop 1) Intersections, Travis County, Texas. The proposed improvements will involve grade separating the cross streets of Slaughter Lane and La Crosse Avenue such that MoPac will pass under the existing cross streets. Traffic traveling northbound and southbound in this corridor will no longer need to [[Page 8588]] stop at a signalized intersection to travel through the area. The proposed improvements to MoPac consist of two 12-foot lanes with one auxiliary lane in each direction, and 10-foot outside shoulders and 4- foot inside shoulders in each direction. The construction limits extend from approximately 2,500 feet north of Slaughter Lane to approximately 3,700 feet south of La Crosse Avenue, which results in a total project length of 2.07 miles. The construction limits allow the intersection improvements to tie back into the existing MoPac facility north of Slaughter Lane and south of La Crosse Avenue. The proposed improvements will be constructed within existing right-of-way. The actions by TxDOT and the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Assessment (Final EA) for the project, approved on December 22, 2015, in the Finding of No Significant Impact (FONSI) issued on December 22, 2015, and in other documents in the TxDOT administrative record. The Final EA, FONSI, and other documents in the administrative record file are available by contacting TxDOT at the address provided above. The Final EA and FONSI can be viewed on the project Web site at www.mopacsouth.com/intersections/overview.php. 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 (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; 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: February 8, 2016. Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. [FR Doc. 2016-03033 Filed 2-18-16; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices 8587
review, consultation, and other actions studies/houston/sh249-extension.html Authority: 23 U.S.C. 139(l)(1)
required by applicable Federal or by visiting the TxDOT Houston Issued on: February 8, 2016.
environmental laws for this project are District Office at 7600 Washington Michael T. Leary,
being, or have been, carried-out by Avenue, Houston, TX 77007; the TxDOT Director, Planning and Program Development,
TxDOT pursuant to 23 U.S.C. 327 and Bryan District Office at 2591 North Earl Federal Highway Administration.
a Memorandum of Understanding dated Rudder Freeway, Bryan, TX 77803; or [FR Doc. 2016–03031 Filed 2–18–16; 8:45 am]
December 16, 2014 and executed by the TxDOT Montgomery County Area BILLING CODE 4910–22–P
FHWA and TxDOT. The actions relate Office at 901 N. FM 3083 East, Conroe,
to a proposed highway project, SH 249, TX 77303.
from south of FM 1774/FM 149 in This notice applies to all Federal DEPARTMENT OF TRANSPORTATION
Pinehurst to FM 1774 north of Todd agency decisions as of the issuance date
Mission, in Montgomery and Grimes of this notice and all laws under which Federal Highway Administration
Counties in the State of Texas. Those such actions were taken, including but
actions grant licenses, permits, and not limited to: Notice of Final Federal Agency Actions
approvals for the project. Under MAP– 1. General: National Environmental Policy
on MoPac (Loop 1) Intersections,
21 section 1319, TxDOT has issued a Act (NEPA) [42 U.S.C. 4321–4351]; Federal- Travis County, Texas
combined Final Environmental Impact Aid Highway Act [23 U.S.C. 109]. AGENCY: Federal Highway
Statement (FEIS) and Record of Decision 2. Air: Clean Air Act, 42 U.S.C. 7401–
Administration (FHWA), U.S. DOT.
(ROD) for this action. 7671(q).
3. Land: Section 4(f) of the Department of ACTION: Notice of Limitation on Claims
DATES: By this notice, TxDOT is
Transportation Act of 1966 [49 U.S.C. 303]; for Judicial Review of Actions by
advising the public of final agency Landscaping and Scenic Enhancement TxDOT and Federal Agencies.
actions subject to 23 U.S.C. 139(l)(1). A (Wildflowers), 23 U.S.C. 319.
claim seeking judicial review of the 4. Wildlife: Endangered Species Act [16 SUMMARY: This notice announces actions
Federal agency actions on the highway U.S.C. 1531–1544 and Section 1536], Marine taken by Texas Department of
project will be barred unless the claim Mammal Protection Act [16 U.S.C. 1361], Transportation (TxDOT) and Federal
is filed on July 18, 2016. If the Federal Fish and Wildlife Coordination Act [16 agencies that are final within the
law that authorizes judicial review of a U.S.C. 661–667(d)], Migratory Bird Treaty meaning of 23 U.S.C. 139(l)(1). The
Act [16 U.S.C. 703–712].
claim provides a time period of less 5. Historic and Cultural Resources: Section
actions relate to a proposed highway
than 150 days for filing such claim, then 106 of the National Historic Preservation Act project, MoPac (Loop 1) Intersections
that shorter time period still applies. of 1966, as amended [16 U.S.C. 470(f) et seq.]; from north of Slaughter Lane to south of
FOR FURTHER INFORMATION CONTACT: Mr. Archeological Resources Protection Act of La Crosse Avenue, Travis County,
Carlos Swonke, P.G., Environmental 1977 [16 U.S.C. 470(aa)–11]; Archeological Texas. Those actions grant licenses,
Affairs Division, Texas Department of and Historic Preservation Act [16 U.S.C. 469– permits, and approvals for the project.
Transportation, 125 East 11th Street, 469(c)]; Native American Grave Protection DATES: By this notice, TxDOT is
and Repatriation Act (NAGPRA) [25 U.S.C.
Austin, Texas 78701; telephone: (512) 3001–3013].
advising the public of final agency
416–2734; email: carlos.swonke@ 6. Social and Economic: Civil Rights Act of actions subject to 23 U.S.C. 139(l)(1). A
txdot.gov. TxDOT’s normal business 1964 [42 U.S.C. 2000(d)–2000(d)(1)]; claim seeking judicial review of the
hours are 8:00 a.m.–5:00 p.m. (central American Indian Religious Freedom Act [42 Federal agency actions on the highway
time), Monday through Friday. U.S.C. 1996]; Farmland Protection Policy Act project will be barred unless the claim
SUPPLEMENTARY INFORMATION: Notice is (FPPA) [7 U.S.C. 4201–4209]. is filed on or before July 18, 2016. If the
7. Wetlands and Water Resources: Clean Federal law that authorizes judicial
hereby given that TxDOT and Federal Water Act, 33 U.S.C. 1251–1377 (Section 404,
agencies have taken final agency actions review of a claim provides a time period
Section 401, Section 319); Land and Water
by issuing licenses, permits, and Conservation Fund (LWCF), 16 U.S.C. 4601–
of less than 150 days for filing such
approvals for the following highway 4604; Safe Drinking Water Act (SDWA), 42 claim, then that shorter time period still
project in the State of Texas: SH 249, U.S.C. 300(f)–300(j)(6); Rivers and Harbors applies.
from south of FM 1774/FM 149 in Act of 1899, 33 U.S.C. 401–406; Wild and FOR FURTHER INFORMATION CONTACT: Mr.
Pinehurst to FM 1774 north of Todd Scenic Rivers Act, 16 U.S.C. 1271–1287; Carlos Swonke, P.G., Environmental
Emergency Wetlands Resources Act, 16 Affairs Division, Texas Department of
Mission, in Montgomery and Grimes U.S.C. 3921, 3931; TEA–21 Wetlands
Counties. The project will be a 15-mile- Mitigation, 23 U.S.C. 103(b)(6)(m),
Transportation, 125 East 11th Street,
long, four-mainlane, controlled-access 133(b)(11); Flood Disaster Protection Act, 42 Austin, Texas 78701; telephone: (512)
tollway with intermittent frontage roads U.S.C. 4001–4128. 416–2734; email: carlos.swonke@
within a typical 400-foot-wide right-of- 8. Executive Orders: E.O. 11990 Protection txdot.gov. TxDOT’s normal business
way (ROW). The proposed freeway will of Wetlands; E.O. 11988 Floodplain hours are 8:00 a.m. to 5:00 p.m. (central
be on new alignment. The actions by Management; E.O. 12898, Federal Actions to time) Monday through Friday.
TxDOT and the Federal agencies, and Address Environmental Justice in Minority SUPPLEMENTARY INFORMATION: Notice is
Populations and Low Income Populations;
the laws under which such actions were E.O. 11593 Protection and Enhancement of
hereby given that TxDOT and Federal
taken, are described in the Final Cultural Resources; E.O. 13007 Indian Sacred agencies have taken final agency actions
Environmental Impact Statement (FEIS) Sites; E.O. 13287 Preserve America; E.O. by issuing licenses, permits, and
and Record of Decision (ROD) issued on 13175 Consultation and Coordination with approvals for the following highway
January 12, 2016, and in other Indian Tribal Governments; E.O. 11514 project in the State of Texas: MoPac
asabaliauskas on DSK5VPTVN1PROD with NOTICES
documents in the TxDOT project file. Protection and Enhancement of (Loop 1) Intersections, Travis County,
The FEIS/ROD, and other documents in Environmental Quality; E.O. 13112 Invasive Texas. The proposed improvements will
the TxDOT project file are available by Species. (Catalog of Federal Domestic involve grade separating the cross
Assistance Program Number 20.205, Highway
contacting TxDOT at the addresses Planning and Construction. The regulations
streets of Slaughter Lane and La Crosse
provided above. The TxDOT FEIS/ROD implementing Executive Order 12372 Avenue such that MoPac will pass
can be viewed and downloaded from regarding intergovernmental consultation on under the existing cross streets. Traffic
the project Web site at https:// Federal programs and activities apply to this traveling northbound and southbound
www.txdot.gov/inside-txdot/projects/ program.) in this corridor will no longer need to
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![8588 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
stop at a signalized intersection to travel Section 401, Section 319); Land and Water below seven days after publication of
through the area. The proposed Conservation Fund (LWCF) [16 U.S.C. 4601– this Notice for a period of 180 days.
improvements to MoPac consist of two 4604]; Safe Drinking Water Act (SDWA) [42
FOR FURTHER INFORMATION CONTACT: Mr.
U.S.C. 300(f)–300(j)(6)]; Rivers and Harbors
12-foot lanes with one auxiliary lane in Robert Brogan, Information Collection
Act of 1899 [33 U.S.C. 401–406]; Wild and
each direction, and 10-foot outside Scenic Rivers Act [16 U.S.C. 1271–1287]; Clearance Officer, Regulatory Safety
shoulders and 4-foot inside shoulders in Emergency Wetlands Resources Act [16 Analysis Division, RRS–21, Federal
each direction. The construction limits U.S.C. 3921, 3931]; TEA–21 Wetlands Railroad Administration, 1200 New
extend from approximately 2,500 feet Mitigation [23 U.S.C. 103(b)(6)(m), Jersey Ave. SE., Mail Stop 25,
north of Slaughter Lane to 133(b)(11)]; Flood Disaster Protection Act [42 Washington, DC 20590 (telephone: (202)
approximately 3,700 feet south of La U.S.C. 4001–4128]. 493–6292) or Ms. Kimberly Toone,
Crosse Avenue, which results in a total 8. Executive Orders: E.O. 11990, Protection Information Collection Clearance
project length of 2.07 miles. The of Wetlands; E.O. 11988, Floodplain Officer, Office of Information
Management; E.O. 12898, Federal Actions to
construction limits allow the Technology, RAD–20, Federal Railroad
Address Environmental Justice in Minority
intersection improvements to tie back Populations and Low Income Populations; Administration, 1200 New Jersey Ave.
into the existing MoPac facility north of E.O. 11593, Protection and Enhancement of SE., Mail Stop 35, Washington, DC
Slaughter Lane and south of La Crosse Cultural Resources; E.O. 13007, Indian 20590 (telephone: (202) 493–6132).
Avenue. The proposed improvements Sacred Sites; E.O. 13287, Preserve America; (These telephone numbers are not toll-
will be constructed within existing E.O. 13175, Consultation and Coordination free.)
right-of-way. with Indian Tribal Governments; E.O. 11514, SUPPLEMENTARY INFORMATION: The
The actions by TxDOT and the Protection and Enhancement of
Paperwork Reduction Act of 1995
Federal agencies, and the laws under Environmental Quality; E.O. 13112, Invasive
Species; E.O. 12372, Intergovernmental (PRA), Public Law 104–13, sec. 2, 109
which such actions were taken, are Stat. 163 (1995) (codified as revised at
Review of Federal Programs.
described in the Final Environmental 44 U.S.C. 3501–3520), and its
Assessment (Final EA) for the project, The environmental review, implementing regulations, 5 CFR part
approved on December 22, 2015, in the consultation, and other actions required 1320, require Federal agencies to
Finding of No Significant Impact by applicable Federal environmental provide notice to the public for
(FONSI) issued on December 22, 2015, laws for this project are being, or have comment on information collection
and in other documents in the TxDOT been, carried-out by TxDOT pursuant to activities before seeking approval for
administrative record. The Final EA, 23 U.S.C. 327 and a Memorandum of reinstatement or renewal by OMB. 44
FONSI, and other documents in the Understanding dated December 16, U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1),
administrative record file are available 2014, and executed by FHWA and 1320.10(e)(1), 1320.12(a). Specifically,
by contacting TxDOT at the address TxDOT. FRA invites interested respondents to
provided above. The Final EA and Authority: 23 U.S.C. 139(l)(1). comment on the following summary of
FONSI can be viewed on the project proposed information collection
Issued on: February 8, 2016.
Web site at www.mopacsouth.com/ activities regarding (i) whether the
intersections/overview.php. Michael T. Leary,
information collection activities are
This notice applies to all TxDOT Director, Planning and Program Development,
Federal Highway Administration.
necessary for FRA to properly execute
decisions and Federal agency decisions its functions, including whether the
as of the issuance date of this notice and [FR Doc. 2016–03033 Filed 2–18–16; 8:45 am]
activities will have practical utility; (ii)
all laws under which such actions were BILLING CODE 4910–22–P
the accuracy of FRA’s estimates of the
taken, including but not limited to: burden of the information collection
1. General: National Environmental Policy
DEPARTMENT OF TRANSPORTATION activities, including the validity of the
Act (NEPA) [42 U.S.C. 4321–4351]; Federal- methodology and assumptions used to
Aid Highway Act [23 U.S.C. 109]. determine the estimates; (iii) ways for
2. Air: Clean Air Act [42 U.S.C. 7401– Federal Railroad Administration
FRA to enhance the quality, utility, and
7671(q)]. [Docket No. FRA 2016–0002–N–5]
3. Land: Section 4(f) of the Department of
clarity of the information being
Transportation Act of 1966 [49 U.S.C. 303]; collected; and (iv) ways for FRA to
Proposed Agency Information
Landscaping and Scenic Enhancement minimize the burden of information
Collection Activities; Comment
(Wildflowers), 23 U.S.C. 319. collection activities on the public by
Request
4. Wildlife: Endangered Species Act [16 automated, electronic, mechanical, or
U.S.C. 1531–1544 and Section 1536]; Fish AGENCY: Federal Railroad other technological collection
and Wildlife Coordination Act [16 U.S.C. Administration (FRA), Department of techniques or other forms of information
661–667(d)]; Migratory Bird Treaty Act [16 Transportation. technology (e.g., permitting electronic
U.S.C. 703–712]. submission of responses). See 44 U.S.C.
5. Historic and Cultural Resources: Section ACTION: Notice and request for
106 of the National Historic Preservation Act comments. 3506(c)(2)(A)(I)–(iv); 5 CFR
of 1966, as amended [16 U.S.C. 470(f) et seq.]; 1320.8(d)(1)(I)–(iv). FRA believes that
Archeological Resources Protection Act of SUMMARY: FRA hereby gives notice that soliciting public comment will promote
1977 [16 U.S.C. 470(aa)–11]; Archeological it is submitting the following its efforts to reduce the administrative
and Historic Preservation Act [16 U.S.C. 469– information collection request (ICR) to and paperwork burdens associated with
469(c)]; Native American Grave Protection the Office of Management and Budget the collection of information mandated
asabaliauskas on DSK5VPTVN1PROD with NOTICES
and Repatriation Act (NAGPRA) [25 U.S.C. (OMB) for Emergency Processing under by Federal regulations. In summary,
3001–3013]. the Paperwork Reduction Act of 1995. FRA reasons that comments received
6. Social and Economic: Civil Rights Act of will advance three objectives: (i) Reduce
FRA is republishing its February 12,
1964 [42 U.S.C. 2000(d)–2000(d)(1)];
American Indian Religious Freedom Act [42 2016, Notice, see 81 FR 7628, to include reporting burdens; (ii) ensure that it
U.S.C. 1996]; Farmland Protection Policy Act two accompanying documents that were organizes information collection
(FPPA) [7 U.S.C. 4201–4209]. not included with that Notice. FRA requirements in a ‘‘user friendly’’ format
7. Wetlands and Water Resources: Clean requests that OMB authorize the to improve the use of such information;
Water Act, 33 U.S.C. 1251–1377 (Section 404, collection of information identified and (iii) accurately assess the resources
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Document Created: 2018-02-02 14:32:11
Document Modified: 2018-02-02 14:32:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Limitation on Claims for Judicial Review of Actions by TxDOT and Federal Agencies. | |
| 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 18, 2016. 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. | |
| 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]xdot.gov. TxDOT's normal business hours are 8:00 a.m. to 5:00 p.m. (central time) Monday through Friday. | |
| FR Citation | 81 FR 8587 |
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