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. 

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 

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. 

Rebecca Tolene, 

Vice President, Environment and 

Sustainability. 

[FR Doc. 2023–18757 Filed 8–31–23; 8:45 am] 

BILLING CODE 8120–08–P 

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: 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 

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, carriedout 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 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0153] 

Agency Information Collection 

Activities; Renewal of an Approved 

Information Collection: Truck and Bus 

Maintenance Requirements and Their 

Impact on Safety 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments; correction. 

SUMMARY: 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. 

DATES: This correction is effective 

September 1, 2023. 

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. 

SUPPLEMENTARY INFORMATION: 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. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2023–18912 Filed 8–31–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0060] 

Norfolk Southern Railway’s Request 

To Operate During a Temporary 

Outage of Its Positive Train Control 

System 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability, request 

for comments, and notice of planned 

decision. 

SUMMARY: 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. 

DATES: 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 


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