Notice of Final Federal Agency Actions on State Highway 130 in Texas, 74985-74986 [06-9654]

Download as PDF Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices Caldwell, and Guadalupe Counties in the State of Texas. The Federal actions, Office of the Secretary taken as a result of an environmental review process conducted in accordance Notice of Applications for Certificates with the National Environmental Policy of Public Convenience and Necessity Act, 42 U.S.C. 4321–4351 (NEPA), and Foreign Air Carrier Permits Filed determined certain issues relating to the Under Subpart B (Formerly Subpart Q) proposed project. Those actions grant During the Week Ending December 1, licenses, permits, and approvals for the 2006 project. DATES: By this notice, the FHWA is The following Applications for advising the public of final agency Certificates of Public Convenience and actions subject to 23 U.S.C. 139(l)(1). A Necessity and Foreign Air Carrier claim seeking judicial review of the Permits were filed under Subpart B Federal agency actions on the highway (formerly Subpart Q) of the Department project will be barred unless the claim of Transportation’s Procedural is filed on or before June 11, 2007. If the Regulations (See 14 CFR 301.201 et. Federal law that authorizes judicial seq.). The due date for Answers, Conforming Applications, or Motions to review of a claim provides a time period of less than 180 days for filing such Modify Scope are set forth below for each application. Following the Answer claim, then that shorter time period still period DOT may process the application applies. FOR FURTHER INFORMATION CONTACT: Mr. by expedited procedures. Such Salvador Deocampo, District Engineer, procedures may consist of the adoption of a show-cause order, a tentative order, Federal Highway Administration, 300 E. 8th Street, Rm. 826, Austin, Texas or in appropriate cases a final order 78701; telephone: (512) 536–5950; ewithout further proceedings. mail: salvador.deocampo@fhwa.dot.gov. Docket Number: OST–2005–22228 The FHWA Texas Division Office’s and OST–2006–26524. normal business hours are 7:45 a.m. to Date Filed: December 1, 2006. Due Date for Answers, Conforming 4:15 p.m. You may also contact Ms. Applications, or Motion to Modify Dianna Noble, Director, Environmental Scope: December 22, 2006. Affairs Division, Texas Department of Description: Application of JetBlue Transportation, 125 E. 11th Street, Airways Corporation (‘‘JetBlue’’) Austin, Texas 78701; telephone: (512) requesting a certificate of public 416–2734; e-mail: convenience and necessity authorizing dnoble@dot.state.tx.us. The TxDOT JetBlue to engage in foreign scheduled Environmental Affairs Division Office’s air transportation of persons, property normal business hours are 8 a.m. to 5 and mail to Cancun, Mexico from p.m. Boston, MA. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Renee V. Wright, Federal agencies have taken final agency Program Manager, Docket Operations, actions by issuing licenses, permits, and Federal Register Liaison. approvals for the following highway [FR Doc. E6–21181 Filed 12–12–06; 8:45 am] project in the State of Texas: State BILLING CODE 4910–9X–P Highway 130 (SH 130) is a 91-mile project from IH 35 at the intersection DEPARTMENT OF TRANSPORTATION with SH 195, north of Georgetown, Texas, in Williamson County, through Federal Highway Administration Travis and Caldwell Counties, to IH 10 near Seguin, Texas, in Guadalupe Notice of Final Federal Agency Actions County. The project will be a controlled on State Highway 130 in Texas access tollway located predominantly on new alignment and will consist of 2 AGENCY: Federal Highway lanes in each direction with intermittent Administration (FHWA), DOT. non-tolled frontage roads to maintain ACTION: Notice of limitation on claims local access. A total of 8212 acres of for judicial review of actions by FHWA new right-of-way will be acquired for and other federal agencies. construction of this project. The actions SUMMARY: This notice announces actions by the Federal agencies, and the laws under which such actions were taken, taken by the FHWA and other Federal are described in the Final agencies that are final within the Environmental Impact Statement (FEIS) meaning of 23 U.S.C. 139(l)(1). The for the project, approved on April 4, actions relate to a proposed highway 2001, in the FHWA Record of Decision project, State Highway 130 (SH 130), north of Georgetown at I–35, south to IH (ROD) issued on June 5, 2001, the FEIS 10 East of Seguin in Williamson, Travis, Reevaluation dated October 2006 and hsrobinson on PROD1PC76 with NOTICES DEPARTMENT OF TRANSPORTATION VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 74985 approved November 20, 2006, and in other documents in the FHWA administrative record. The FEIS, ROD, Reevaluation and other documents in the FHWA administrative record file are available by contacting the FHWA or the Texas Department of Transportation as noted above. The FEIS Reevaluation dated October 2006 and related documents are available online at www.centraltexasturnpike.org. 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]. 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)]; 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); 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. 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. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on E:\FR\FM\13DEN1.SGM 13DEN1 74986 Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: November 30, 2006. Salvador Deocampo, District Engineer. Austin, Texas. [FR Doc. 06–9654 Filed 12–12–06; 8:45 am] BILLING CODE 4910–R4–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–26321] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes standard; request for comments. hsrobinson on PROD1PC76 with NOTICES AGENCY: SUMMARY: FMCSA announces receipt of applications from 66 individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce. DATES: Comments must be received on or before January 12, 2007. ADDRESSES: You may submit comments identified by Department of Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA–2006–26321 using any of the following methods: • Web site: https://dmses.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. All submissions must include the Agency name and docket number for this Notice. Note that all comments received will be posted without change to https://dms.dot.gov, including any personal information provided. Please VerDate Aug<31>2005 21:31 Dec 12, 2006 Jkt 211001 see the Privacy Act heading under Regulatory Notices. To read background documents or comments received, go to https://dms.dot.gov or to Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 a.m. and 5 p.m. Monday through Friday, except Federal holidays. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The DMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477; Apr. 11, 2000). This information is also available at https:// dms.dot.gov. Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, maggi.gunnels@dot.gov, FMCSA, Department of Transportation, 400 Seventh Street, SW., Room 8301, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 66 individuals listed in this Notice have recently requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 exemption will achieve the required level of safety mandated by the statute. Qualifications of Applicants Louis T. Aceto Mr. Aceto, age 59, has had ITDM since 2003. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Aceto meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2006 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class C operator’s license from Pennsylvania. James D. Barton Mr. Barton, 64, has had ITDM since 2004. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Barton meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2006 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from North Carolina. Lawrence H. Behrens Mr. Behrens, 53, has had ITDM since 2005. His endocrinologist examined him in 2006 and certified that he has had no hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 5 years; understands diabetes management and monitoring; and has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Behrens meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2005 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. E:\FR\FM\13DEN1.SGM 13DEN1

Agencies

[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Notices]
[Pages 74985-74986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9654]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on State Highway 130 in 
Texas

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other federal agencies.

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

SUMMARY: This notice announces actions taken by the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to a proposed highway project, State 
Highway 130 (SH 130), north of Georgetown at I-35, south to IH 10 East 
of Seguin in Williamson, Travis, Caldwell, and Guadalupe Counties in 
the State of Texas. The Federal actions, taken as a result of an 
environmental review process conducted in accordance with the National 
Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), determined 
certain issues relating to the proposed project. Those actions grant 
licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA 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 June 11, 2007. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 180 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Salvador Deocampo, District 
Engineer, Federal Highway Administration, 300 E. 8th Street, Rm. 826, 
Austin, Texas 78701; telephone: (512) 536-5950; e-mail: 
salvador.deocampo@fhwa.dot.gov. The FHWA Texas Division Office's normal 
business hours are 7:45 a.m. to 4:15 p.m. You may also contact Ms. 
Dianna Noble, Director, Environmental Affairs Division, Texas 
Department of Transportation, 125 E. 11th Street, Austin, Texas 78701; 
telephone: (512) 416-2734; e-mail: dnoble@dot.state.tx.us. The TxDOT 
Environmental Affairs Division Office's normal business hours are 8 
a.m. to 5 p.m.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of Texas: State Highway 130 (SH 130) is a 91-mile project 
from IH 35 at the intersection with SH 195, north of Georgetown, Texas, 
in Williamson County, through Travis and Caldwell Counties, to IH 10 
near Seguin, Texas, in Guadalupe County. The project will be a 
controlled access tollway located predominantly on new alignment and 
will consist of 2 lanes in each direction with intermittent non-tolled 
frontage roads to maintain local access. A total of 8212 acres of new 
right-of-way will be acquired for construction of this project. The 
actions by the Federal agencies, and the laws under which such actions 
were taken, are described in the Final Environmental Impact Statement 
(FEIS) for the project, approved on April 4, 2001, in the FHWA Record 
of Decision (ROD) issued on June 5, 2001, the FEIS Reevaluation dated 
October 2006 and approved November 20, 2006, and in other documents in 
the FHWA administrative record. The FEIS, ROD, Reevaluation and other 
documents in the FHWA administrative record file are available by 
contacting the FHWA or the Texas Department of Transportation as noted 
above. The FEIS Reevaluation dated October 2006 and related documents 
are available online at www.centraltexasturnpike.org. 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].
    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)]; 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); 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. 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. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on

[[Page 74986]]

Federal programs and activities apply to this program.)

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

    Issued on: November 30, 2006.
Salvador Deocampo,
District Engineer. Austin, Texas.
[FR Doc. 06-9654 Filed 12-12-06; 8:45 am]
BILLING CODE 4910-R4-M
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