82_FR_11727 82 FR 11691 - Notice of Final Federal Agency Action on Interstate Highway 35 East (I-35E) From U.S. Highway 67 (US 67) to I-30 and US 67 From I-20 to I-35E, Dallas County, Texas

82 FR 11691 - Notice of Final Federal Agency Action on Interstate Highway 35 East (I-35E) From U.S. Highway 67 (US 67) to I-30 and US 67 From I-20 to I-35E, Dallas County, Texas

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range11691-11692
FR Document2017-03489

This notice announces actions taken by TxDOT and Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014 and executed by FHWA and TxDOT. The actions relate to a proposed highway project, I-35E from US 67 to I-30 and US 67 from I-20 to I-35E, in Dallas County in the State of Texas. Those actions grant licenses, permits, and approvals for the project.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017) 
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11691-11692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03489]


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DEPARTMENT OF TRANSPORTATION [4910-22-P]

Federal Highway Administration


Notice of Final Federal Agency Action on Interstate Highway 35 
East (I-35E) From U.S. Highway 67 (US 67) to I-30 and US 67 From I-20 
to I-35E, Dallas County, Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway 
Administration (FHWA), U.S. Department of Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by TxDOT and Federal Agencies.

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SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The 
environmental review, consultation, and other actions required by 
applicable Federal environmental laws for this project are being, or 
have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a 
Memorandum of Understanding dated December 16, 2014 and executed by 
FHWA and TxDOT. The actions relate to a proposed highway project, I-35E 
from US 67 to I-30 and US 67 from I-20 to I-35E, in Dallas 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 July 24, 2017. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Carlos Swonke, P.G., Environmental 
Affairs Division, Texas Department of Transportation, 125 East 11th 
Street, Austin, Texas 78701; telephone: (512) 416-2734; email: 
[email protected]. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Texas: I-35E from US 67 to I-30 and US 67 from I-20 to I-35E, in 
Dallas County. The project consists of the conversion of the reversible 
high occupancy vehicles (HOVs) to non-toll reversible express lanes 
between Colorado Boulevard (Blvd.) and Reunion Blvd., full 
reconstruction of the section of I-35E between US 67 and Colorado Blvd. 
and the addition of general purpose lanes along US 67 between I-20 and 
I-35E. Non-tolled reversible express lanes would be implemented within 
the entire project limits. Sidewalks and bicycle accommodations would 
be implemented along those frontage roads and cross-streets proposed to 
be reconstructed.
    The purpose of the project is to reduce traffic congestion, improve 
mobility, and meet current roadway design standards.
    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 December 27, 2016, and in other documents 
in the TxDOT project file. The EA, FONSI, and other documents in the 
TxDOT project file are available by contacting TxDOT at the addresses 
provided above. The TxDOT EA and FONSI can be viewed and downloaded 
from the project Web site at https://thesoutherngateway.org/stay-involved/.
    This notice applies to all Federal agency decisions as of the 
issuance date of this notice and all laws under which such actions were 
taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers), 
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty 
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act 
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33 
U.S.C. 401-406; Wild and

[[Page 11692]]

Scenic Rivers Act, 16 U.S.C. 1271-1287; Emergency Wetlands Resources 
Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands Mitigation, 23 U.S.C. 
103(b)(6)(m), 133(b)(11); Flood Disaster Protection Act, 42 U.S.C. 
4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management; E.O. 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; E.O. 11593 Protection and Enhancement of Cultural 
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 
E.O. 13175 Consultation and Coordination with Indian Tribal 
Governments; E.O. 11514 Protection and Enhancement of Environmental 
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic 
Assistance Program Number 20.205, Highway Planning and Construction.)

    Authority:  23 U.S.C. 139(l)(1).

    Issued on: February 14, 2017.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2017-03489 Filed 2-23-17; 8:45 am]
 BILLING CODE 4910-22-P

Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices 11691 SUMMARY: The Office of the United Highway Administration (FHWA), U.S. and cross-streets proposed to be States Trade Representative (USTR) Department of Transportation (DOT). reconstructed. published a document in the Federal ACTION: Notice of Limitation on Claims The purpose of the project is to Register on December 28, 2016 (81 FR for Judicial Review of Actions by reduce traffic congestion, improve 95724) requesting comments and TxDOT and Federal Agencies. mobility, and meet current roadway scheduling a public hearing on a request design standards. to reinstate action taken in connection SUMMARY: This notice announces actions The actions by TxDOT and the with European Union measures on meat taken by TxDOT and Federal agencies Federal agencies, and the laws under and meat products. The date specified that are final within the meaning of 23 which such actions were taken, are for the submission of rebuttal comments U.S.C. 139(l)(1). The environmental described in the final Environmental has been extended to March 8, 2017. review, consultation, and other actions Assessment (EA) for the project, for FOR FURTHER INFORMATION CONTACT: required by applicable Federal which a Finding of No Significant William L. Busis, Deputy Assistant U.S. environmental laws for this project are Impact (FONSI) was issued on Trade Representative for Monitoring being, or have been, carried-out by December 27, 2016, and in other and Enforcement and Chair of the TxDOT pursuant to 23 U.S.C. 327 and documents in the TxDOT project file. Section 301 Committee, or Katherine a Memorandum of Understanding dated The EA, FONSI, and other documents in Linton, Assistant General Counsel, at December 16, 2014 and executed by the TxDOT project file are available by (202) 395–3150. FHWA and TxDOT. The actions relate contacting TxDOT at the addresses to a proposed highway project, I–35E provided above. The TxDOT EA and Extension of Date for Rebuttal FONSI can be viewed and downloaded from US 67 to I–30 and US 67 from I– Comments from the project Web site at https:// 20 to I–35E, in Dallas County in the 1. ‘‘Dates’’ Caption. State of Texas. Those actions grant thesoutherngateway.org/stay-involved/. In the Federal Register on December This notice applies to all Federal licenses, permits, and approvals for the 28, 2016 (81 FR 95724), replace the agency decisions as of the issuance date project. third paragraph in the ‘‘Dates’’ caption of this notice and all laws under which DATES: By this notice, TxDOT is such actions were taken, including but with the following: March 8, 2017 at advising the public of final agency 11:59 p.m.: Deadline for submission of not limited to: actions subject to 23 U.S.C. 139(l)(1). A 1. General: National Environmental post-hearing rebuttal comments. claim seeking judicial review of the 2. ‘‘Request for Public Comments and Policy Act (NEPA) [42 U.S.C. 4321– Federal agency actions on the highway 4351]; Federal-Aid Highway Act [23 To Testify at the Hearing’’ Caption. project will be barred unless the claim In the Federal Register on December U.S.C. 109]. is filed on or before July 24, 2017. If the 2. Air: Clean Air Act, 42 U.S.C. 7401– 28, 2016 (81 FR at 95725), replace the Federal law that authorizes judicial 7671(q). last sentence of the fifth paragraph of review of a claim provides a time period 3. Land: Section 4(f) of the the caption titled ‘‘D. Request for Public of less than 150 days for filing such Department of Transportation Act of Comments and To Testify at the claim, then that shorter time period still 1966 [49 U.S.C. 303]; Landscaping and Hearing’’ with the following: The applies. Scenic Enhancement (Wildflowers), 23 deadline for submission of post-hearing U.S.C. 319. rebuttal comments is March 8, 2017 at FOR FURTHER INFORMATION CONTACT: Mr. Carlos Swonke, P.G., Environmental 4. Wildlife: Endangered Species Act 11:59 p.m. [16 U.S.C. 1531–1544 and Section 3. ‘‘Requirements for Submissions’’ Affairs Division, Texas Department of Transportation, 125 East 11th Street, 1536], Marine Mammal Protection Act Caption. [16 U.S.C. 1361], Fish and Wildlife In the Federal Register on December Austin, Texas 78701; telephone: (512) 416–2734; email: carlos.swonke@ Coordination Act [16 U.S.C. 661– 28, 2016 (81 FR at 95726), replace the 667(d)], Migratory Bird Treaty Act [16 last sentence of the first paragraph of the txdot.gov. TxDOT’s normal business hours are 8:00 a.m.–5:00 p.m. (central U.S.C. 703–712]. caption titled ‘‘E. Requirements for 5. Historic and Cultural Resources: Submissions’’ with the following: time), Monday through Friday. Section 106 of the National Historic Rebuttal comments are due by 11:59 SUPPLEMENTARY INFORMATION: Notice is Preservation Act of 1966, as amended p.m. on March 8, 2017. hereby given that TxDOT and Federal [16 U.S.C. 470(f) et seq.]; Archeological William L. Busis, agencies have taken final agency actions Resources Protection Act of 1977 [16 by issuing licenses, permits, and U.S.C. 470(aa)–11]; Archeological and Chair, Section 301 Committee, Office of the United States Trade Representative. approvals for the following highway Historic Preservation Act [16 U.S.C. project in the State of Texas: I–35E from 469–469(c)]; Native American Grave [FR Doc. 2017–03602 Filed 2–23–17; 8:45 am] US 67 to I–30 and US 67 from I–20 to Protection and Repatriation Act BILLING CODE 3290–F7–P I–35E, in Dallas County. The project (NAGPRA) [25 U.S.C. 3001–3013]. consists of the conversion of the 6. Social and Economic: Civil Rights reversible high occupancy vehicles Act of 1964 [42 U.S.C. 2000(d)– DEPARTMENT OF TRANSPORTATION (HOVs) to non-toll reversible express 2000(d)(1)]; American Indian Religious [4910–22–P] lanes between Colorado Boulevard Freedom Act [42 U.S.C. 1996]; Farmland (Blvd.) and Reunion Blvd., full Protection Policy Act (FPPA) [7 U.S.C. Federal Highway Administration reconstruction of the section of I–35E 4201–4209]. asabaliauskas on DSK3SPTVN1PROD with NOTICES Notice of Final Federal Agency Action between US 67 and Colorado Blvd. and 7. Wetlands and Water Resources: on Interstate Highway 35 East (I–35E) the addition of general purpose lanes Clean Water Act, 33 U.S.C. 1251–1377 From U.S. Highway 67 (US 67) to I–30 along US 67 between I–20 and I–35E. (Section 404, Section 401, Section 319); and US 67 From I–20 to I–35E, Dallas Non-tolled reversible express lanes Land and Water Conservation Fund County, Texas would be implemented within the entire (LWCF), 16 U.S.C. 4601–4604; Safe project limits. Sidewalks and bicycle Drinking Water Act (SDWA), 42 U.S.C. AGENCY: Texas Department of accommodations would be 300(f)–300(j)(6); Rivers and Harbors Act Transportation (TxDOT), Federal implemented along those frontage roads of 1899, 33 U.S.C. 401–406; Wild and VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1

11692 Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices Scenic Rivers Act, 16 U.S.C. 1271–1287; American Federation of Labor and Division; Office of Carrier, Driver and Emergency Wetlands Resources Act, 16 Congress of Industrial Organizations’ Vehicle Safety Standards; Telephone: U.S.C. 3921, 3931; TEA–21 Wetlands (AFL–CIO) Transportation Trades (614) 942–6477. Email: MCPSD@ Mitigation, 23 U.S.C. 103(b)(6)(m), Department requested a 60-day dot.gov. If you have questions on 133(b)(11); Flood Disaster Protection extension of the comment period. On viewing or submitting material to the Act, 42 U.S.C. 4001–4128. February 7, 2017, the International docket, contact Docket Services, 8. Executive Orders: E.O. 11990 Brotherhood of Teamsters requested a telephone (202) 366–9826. Protection of Wetlands; E.O. 11988 60-day extension of the comment SUPPLEMENTARY INFORMATION: Floodplain Management; E.O. 12898, period. The Agency re-opens and Federal Actions to Address I. Public Participation and Request for extends the deadline for the submission Environmental Justice in Minority Comments of public comments. Populations and Low Income DATES: FMCSA re-opens and extends FMCSA encourages you to participate Populations; E.O. 11593 Protection and the comment period for the notice of by submitting comments and related Enhancement of Cultural Resources; application for exemption published on materials. E.O. 13007 Indian Sacred Sites; E.O. January 19, 2017. You must submit Submitting Comments 13287 Preserve America; E.O. 13175 comments by April 25, 2017. Consultation and Coordination with If you submit a comment, please ADDRESSES: You may submit comments include the docket number for this Indian Tribal Governments; E.O. 11514 identified by Federal Docket Protection and Enhancement of notice (FMCSA–2017–0002), indicate Management System Number FMCSA– the specific section of this document to Environmental Quality; E.O. 13112 2017–0002 by any of the following Invasive Species. (Catalog of Federal which the comment applies, and methods: provide a reason for suggestions or Domestic Assistance Program Number • Federal eRulemaking Portal: 20.205, Highway Planning and recommendations. You may submit www.regulations.gov. See the Public your comments and material online or Construction.) Participation and Request for Comments by fax, mail, or hand delivery, but Authority: 23 U.S.C. 139(l)(1). section below for further information. please use only one of these means. Issued on: February 14, 2017. • Mail: Docket Management Facility, FMCSA recommends that you include Michael T. Leary, U.S. Department of Transportation, 1200 your name and a mailing address, an New Jersey Avenue SE., West Building, email address, or a phone number in the Director, Planning and Program Development, Federal Highway Administration. Ground Floor, Room W12–140, body of your document so the Agency Washington, DC 20590–0001. can contact you if it has questions [FR Doc. 2017–03489 Filed 2–23–17; 8:45 am] • Hand Delivery or Courier: West regarding your submission. BILLING CODE 4910–22–P Building, Ground Floor, Room W12– To submit your comment online, go to 140, 1200 New Jersey Avenue SE., www.regulations.gov and put the docket between 9 a.m. and 5 p.m. Monday number, ‘‘FMCSA–2017–0002’’ in the DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. ‘‘Keyword’’ box, and click ‘‘Search.’’ Federal Motor Carrier Safety • Fax: 1–202–493–2251. When the new screen appears, click on Administration Each submission must include the ‘‘Comment Now!’’ button and type your Agency name and the docket number for comment into the text box in the [Docket No. FMCSA–2017–0002] this notice. Note that DOT posts all following screen. Choose whether you comments received, without change, to are submitting your comment as an Controlled Substances and Alcohol www.regulations.gov, including any Use and Testing: J.B. Hunt Transport, individual or on behalf of a third party, personal information included in a and then submit. If you submit your Inc., Schneider National Carriers, Inc., comment. Please see the Privacy Act Werner Enterprises, Inc., Knight comments by mail or hand delivery, heading below. submit them in an unbound format, no Transportation, Inc., Dupre Logistics, Docket: For access to the docket to Inc. and Maveric Transportation, LLC larger than 81⁄2 by 11 inches, suitable for read background documents or copying and electronic filing. If you Application for Exemption comments, go to www.regulations.gov at submit comments by mail and would AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the like to know that they reached the Administration (FMCSA), DOT. ground level of the West Building, 1200 facility, please enclose a stamped, self- ACTION: Notice of application for New Jersey Avenue SE., Washington, addressed postcard or envelope. FMCSA exemption; re-opening of comment DC, between 9 a.m. and 5 p.m., Monday will consider all comments and material period. through Friday, except Federal holidays. received during the comment period The on-line FDMS is available 24 hours before determining whether to grant this SUMMARY: FMCSA re-opens the public each day, 365 days each year. application. comment period for the Agency’s Privacy Act: In accordance with 5 January 19, 2017, notice announcing the U.S.C. 553(c), DOT solicits comments II. Background application for exemption from J.B. from the public to better inform its On January 19, 2017 (82 FR 6688), Hunt Transport, Inc. (J.B. Hunt), rulemaking process. DOT posts these FMCSA published a notice of Schneider National Carriers, Inc. comments, without edit, including any application for exemption from J.B. (Schneider), Werner Enterprises, Inc. personal information the commenter Hunt, Schneider, Werner, Knight, asabaliauskas on DSK3SPTVN1PROD with NOTICES (Werner), Knight Transportation, Inc. provides, to www.regulations.gov, as Dupre, and Maveric (Applicants). (Knight), Dupre Logistics, Inc. (Dupree), described in the system of records Applicants requested an exemption and Maveric Transportation, LLC notice (DOT/ALL–14 FDMS), which can from 49 CFR 382.105 and 382.301 with (Maverick) to allow hair analysis in lieu be reviewed at www.dot.gov/privacy. specific authorization for obtaining and of urine testing for pre-employment FOR FURTHER INFORMATION CONTACT: For releasing hair test results to comply controlled substances testing of information concerning this notice, with 49 CFR 391.23, Investigations and commercial driver’s license (CDL) contact Mr. Thomas Yager, Chief, inquiries. Under the exemption, holders. On January 23, 2017, the FMCSA Driver and Carrier Operations Applicants would conduct pre- VerDate Sep<11>2014 17:20 Feb 23, 2017 Jkt 241001 PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM 24FEN1


Document Created: 2017-02-24 01:17:09
Document Modified: 2017-02-24 01:17:09
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 July 24, 2017. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.
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 Citation82 FR 11691 
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