Notice of Final Federal Agency Actions on the I-35 Capital Express Central Project in Texas, 60530-60531 [2023-18407]

Download as PDF 60530 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices water, groundwater, wetlands, floodplains, vegetation, wildlife, threatened and endangered species, land use, natural areas and parks and recreation, geology, soils, prime farmland, visual resources, noise, cultural resources, socioeconomics and environmental justice, solid and hazardous waste, public and occupational health and safety, utilities, and transportation. Based on a preliminary evaluation of these resources, potential impacts to vegetation and wildlife due to the conversion of deciduous forest of various ages to early maintained grassdominated fields may occur. Impacts to water resources would likely be minor with the use of best management practices and avoidance of siting project components in or near streams, wetlands, and riparian areas to the extent feasible. Land use would be impacted by the conversion of farmland to industrial use and the elimination of current farming operations. This would also result in visual impacts. Beneficial impacts are expected by facilitating the development of renewable energy and thereby increasing local job opportunities, as well as improving regional air quality and reducing carbon emissions. The EIS will analyze measures that would avoid, minimize, or mitigate environmental effects. The final range of issues to be addressed in the environmental review will be determined, in part, from scoping comments received. lotter on DSK11XQN23PROD with NOTICES1 Request for Identification of Potential Alternatives, Information, and Analyses Relevant to the Proposed Action Public scoping is integral to the process for implementing NEPA and ensures that issues are identified early and properly studied, issues of little significance do not consume substantial time and effort, and the analysis of those issues is thorough and balanced. The final range of issues to be addressed in the environmental review will be determined, in part, from scoping comments received. TVA is particularly interested in public input on other reasonable alternatives that should be considered in the EIS. The preliminary identification of reasonable alternatives and environmental issues in this notice is not meant to be exhaustive or final. Public Participation The public is invited to submit comments on the scope of this EIS no later than the date identified in the DATES section of this notice. Federal, state, and local agencies and Native American Tribes are also invited to VerDate Sep<11>2014 17:24 Aug 31, 2023 Jkt 259001 Express Central project the deadline is January 29, 2024. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: (512) 416–2358; email: Patrick.Lee@txdot.gov. TxDOT’s normal business hours are 8:00 a.m.–5:00 p.m. (central time), Monday through Friday. SUPPLEMENTARY INFORMATION: The I–35 Capital Express Central project will extend from US 290E to US290W/SH 71 in Austin, Travis County, Texas. The project will remove the existing I–35 decks, lower the roadway, and add two non-tolled high-occupancy vehicle managed lanes in each direction. The project will also reconstruct east-west Rebecca Tolene, cross-street bridges, add shared-use Vice President, Environment and paths, and make additional safety and Sustainability. mobility improvements within the [FR Doc. 2023–18757 Filed 8–31–23; 8:45 am] project limits. The project is BILLING CODE 8120–08–P approximately 8 miles in length. The actions by TxDOT and Federal agencies and the laws under which such DEPARTMENT OF TRANSPORTATION actions were taken are described in the Final Environmental Impact Statement Federal Highway Administration (FEIS), the Record of Decision (ROD) issued on August 18, 2023, and other Notice of Final Federal Agency Actions documents in the TxDOT project file. on the I–35 Capital Express Central The FEIS, ROD and other documents in Project in Texas the TxDOT project file are available by contacting the TxDOT Austin District AGENCY: Texas Department of Office at 7901 North I–35, Austin, TX Transportation (TxDOT), Federal 78753; telephone: (512) 832–7000. Highway Administration (FHWA), The environmental review, Department of Transportation. consultation, and other actions required ACTION: Notice of limitation on claims by applicable Federal environmental for judicial review of actions by TxDOT laws for the I–35 Capital Express Central and Federal agencies. project are being, or have been, carriedSUMMARY: This notice announces actions out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding taken by TxDOT and Federal agencies dated December 9, 2019, and executed that are final. The environmental by FHWA and TxDOT. review, consultation, and other actions Notice is hereby given that TxDOT required by applicable Federal and Federal agencies have taken final environmental laws for this project are agency actions by issuing licenses, being, or have been, carried out by permits, and approvals for the I–35 TxDOT pursuant to an assignment Capital Express Central project in the agreement executed by FHWA and State of Texas. TxDOT. These actions grant licenses, This notice applies to all TxDOT and permits, and approvals for the I–35 Federal agency decisions as of the Capital Express Central project, from US issuance date of this notice and all laws 290E to US290W/SH 71 in Travis under which such actions were taken, County, Texas. including but not limited to: DATES: By this notice, TxDOT is 1. General: National Environmental advising the public of final agency Policy Act (NEPA) [42 U.S.C. 4321– actions subject to 23 U.S.C. 139(l)(1). A 4351]; Federal-Aid Highway Act [23 claim seeking judicial review of TxDOT U.S.C. 109]. and Federal agency actions on the I–35 2. Air: Clean Air Act [42 U.S.C. 7401– Capital Express Central project will be 7671(q)]. 3. Land: Section 4(f) of the barred unless the claim is filed on or before the deadline. For the I–35 Capital Department of Transportation Act of provide comments. Information about this project is available on the TVA web page at www.tva.gov/nepa, including a link to an online public comment page. Any comments received, including names and addresses, will become part of the administrative record and will be available for public inspection. After consideration of comments received during the scoping period, TVA will develop and distribute a scoping document that will summarize public and agency comments that were received and identify the schedule for completing the EIS process. Following analysis of the issues, TVA will prepare the draft EIS for public review and comment; expected to be released fall of 2024. TVA anticipates the final EIS in fall 2025. In finalizing the EIS and in making its final decision, TVA will consider the comments that it receives on the draft. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 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 [54 U.S.C. 300101 et seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)–11]; Archeological and Historic Preservation Act [54 U.S.C. 312501 et seq.]; 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. lotter on DSK11XQN23PROD with NOTICES1 (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction.) Authority: 23 U.S.C. 139(l)(1). DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Federal Railroad Administration [Docket No. FMCSA–2023–0153] Norfolk Southern Railway’s Request To Operate During a Temporary Outage of Its Positive Train Control System [Docket No. FRA–2010–0060] Agency Information Collection Activities; Renewal of an Approved Information Collection: Truck and Bus Maintenance Requirements and Their Impact on Safety Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). AGENCY: Notice and request for comments; correction. ACTION: In a notice published in the Federal Register on August 24, 2023, FMCSA announced its plan to submit the ‘‘Truck and Bus Maintenance Requirements and Their Impact on Safety’’ Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval and invited public comment. The notice incorrectly stated that comments must be received on or before September 1, 2023, which needs to be corrected to allow for a 60-day comment period. This notice makes that correction. SUMMARY: This correction is effective September 1, 2023. DATES: FOR FURTHER INFORMATION CONTACT: Mike Lukuc, Program Manager, Technology Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 385–238; mike.lukuc@dot.gov. On August 24, 2023, FMCSA published a notice (88 FR 58057) inviting public comment on the ‘‘Truck and Bus Maintenance Requirements and Their Impact on Safety’’ ICR. The notice incorrectly listed September 1, 2023, as the date by which comments are due. Through this document FMCSA corrects that date to allow for a 60-day comment period. In FR Doc. 2023–18236, appearing on page 58057 in the Federal Register of August 24, 2023, the following corrections is made: 1. On page 58057, the comment period ‘‘September 1, 2023’’ is corrected to read ‘‘October 23, 2023’’. Issued under the authority of 49 CFR 1.87. SUPPLEMENTARY INFORMATION: Thomas P. Keane, Associate Administrator, Office of Research and Registration. [FR Doc. 2023–18407 Filed 8–31–23; 8:45 am] [FR Doc. 2023–18912 Filed 8–31–23; 8:45 am] BILLING CODE 4910–22–P BILLING CODE 4910–EX–P 17:24 Aug 31, 2023 Jkt 259001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability, request for comments, and notice of planned decision. AGENCY: This document provides the public with notice that, on August 28, 2023, Norfolk Southern Railway (NS) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system. On August 28, 2023, NS experienced a system-wide outage of its PTC back office, temporarily impacting the operations of NS and its tenant railroads. NS is seeking FRA’s authorization under FRA’s PTC regulations to continue operations, with certain restrictions, while NS’s PTC system is temporarily disabled. SUMMARY: Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. VerDate Sep<11>2014 60531 FRA will review comments received by September 21, 2023. FRA may consider comments received after that date to the extent practicable. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0060. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/train-control/ ptc/ptc-annual-and-quarterly-reports. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code (U.S.C.) Section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with Title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making DATES: E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60530-60531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18407]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the I-35 Capital 
Express Central Project in Texas

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

ACTION: Notice of limitation on claims for judicial review of actions 
by TxDOT and Federal agencies.

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

SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final. 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 
an assignment agreement executed by FHWA and TxDOT. These actions grant 
licenses, permits, and approvals for the I-35 Capital Express Central 
project, from US 290E to US290W/SH 71 in Travis County, Texas.

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 TxDOT and Federal agency actions on the I-35 Capital Express Central 
project will be barred unless the claim is filed on or before the 
deadline. For the I-35 Capital Express Central project the deadline is 
January 29, 2024. If the Federal law that authorizes judicial review of 
a claim provides a time period of less than 150 days for filing such a 
claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs 
Division, Texas Department of Transportation, 125 East 11th Street, 
Austin, Texas 78701; telephone: (512) 416-2358; email: 
[email protected]. TxDOT's normal business hours are 8:00 a.m.-5:00 
p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: The I-35 Capital Express Central project 
will extend from US 290E to US290W/SH 71 in Austin, Travis County, 
Texas. The project will remove the existing I-35 decks, lower the 
roadway, and add two non-tolled high-occupancy vehicle managed lanes in 
each direction. The project will also reconstruct east-west cross-
street bridges, add shared-use paths, and make additional safety and 
mobility improvements within the project limits. The project is 
approximately 8 miles in length.
    The actions by TxDOT and Federal agencies and the laws under which 
such actions were taken are described in the Final Environmental Impact 
Statement (FEIS), the Record of Decision (ROD) issued on August 18, 
2023, and other documents in the TxDOT project file. The FEIS, ROD and 
other documents in the TxDOT project file are available by contacting 
the TxDOT Austin District Office at 7901 North I-35, Austin, TX 78753; 
telephone: (512) 832-7000.
    The environmental review, consultation, and other actions required 
by applicable Federal environmental laws for the I-35 Capital Express 
Central project are being, or have been, carried-out by TxDOT pursuant 
to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 
2019, and executed by FHWA and TxDOT.
    Notice is hereby given that TxDOT and Federal agencies have taken 
final agency actions by issuing licenses, permits, and approvals for 
the I-35 Capital Express Central project in the State of Texas.
    This notice applies to all TxDOT 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

[[Page 60531]]

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 [54 U.S.C. 300101 et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C. 
312501 et seq.]; 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.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction.)

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

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2023-18407 Filed 8-31-23; 8:45 am]
BILLING CODE 4910-22-P

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