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

Topics:  Interstate Highway System

Michael T. Leary
Federal Highway Administration
24 February 2017

[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11691-11692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
carlos.swonke@txdot.gov. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Texas: I-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