Notice of Final Federal Agency Actions on Proposed Highway in California, 22837-22838 [2012-9205]

Download as PDF Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 22837 AMENDMENTS TO PFC APPROVALS Amendment approved date Amendment No. city, state 08–06–C–01–LAW Lawton, OK ....................... 09–07–C–01–GRK Killeen, TX. ....................... 09–08–C–01–ALO Waterloo, IA. ..................... 11–10–C–01–ALO Waterloo, IA. ..................... Issued in Washington, DC on April 6, 2012. Joe Hebert, Manager, Financial Analysis and Passenger Facility Charge Branch. [FR Doc. 2012–8977 Filed 4–16–12; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), DOT. AGENCY: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, and U.S Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration—National Marine Fisheries Service. ACTION: The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration—National Marine Fisheries Service that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, State Route 76 (SR–76) from South Mission Road in Bonsall to just east of Interstate 15 (I–15), including interchange improvements, in Fallbrook, County of San Diego, State of California. Those actions grant licenses, permits, and approvals for the project. SUMMARY: By this notice, the FHWA, on behalf of Caltrans, 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 October 14, 2012. If the Federal law that authorizes judicial review of a claim provides a time period of less wreier-aviles on DSK5TPTVN1PROD with NOTICES DATES: VerDate Mar<15>2010 14:27 Apr 16, 2012 Jkt 226001 Amended approved net PFC revenue Original approved net PFC revenue 03/13/12 03/13/12 03/23/12 03/23/12 $917,000 2,300,000 201,930 97,420 $1,075,784 2,565,711 262,180 133,685 than 180 days for filing such claim, then the shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: Bruce April, Deputy District Director, Division of Environmental Analysis, California Department of Transportation, 4050 Taylor Street, MS 242, San Diego, CA 92110, Regular Office Hours: 8 a.m. to 5 p.m., Telephone number 619–688–0100, email Bruce.April@dot.ca.gov. For the U.S. Army Corps of Engineers, Ms. Stephanie J. Hall, District 11 Liaison, 915 Wilshire Boulevard, 13th Floor, Los Angeles, CA 90017–3401, Regular Office Hours: 8 a.m. to 5 p.m., Telephone number 213–452–3410, email Stephanie.J.Hall@usace.army.mil, the Clean Water Act Section 404 Permit is pending. For the U.S. Fish and Wildlife Service, Ms. Sally Brown, Caltrans Liaison, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011, Regular Office Hours 8 a.m. to 5 p.m., Telephone number 760–431–9440, the Biological Opinion was received on September 22, 2011. For the National Oceanic and Atmospheric Administration—National Marine Fisheries Service, Mr. Stan Glowacki, Protected Resources Division, Southwest Regional Office, 501 West Ocean Boulevard, Long Beach, CA 90802–4213, Telephone number 562– 980–4061, email stan.glowacki@noaa.gov, the Section 7 consultation was completed on June 8, 2011. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and the California Department of Transportation (Caltrans) assumed, environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: The project is located in northern San Diego County on SR–76 from South Mission Road in the unincorporated community of Bonsall to just east of I–15, including interchange improvements in the unincorporated community of PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Original estimated charge exp. date 11/01/13 12/01/12 02/01/13 06/01/14 Amended estimated charge exp. date 11/01/13 01/01/13 11/01/13 08/01/15 Fallbrook, covering a distance of approximately 5.6-miles on SR–76 and 1.2 miles on I–15 (PM 12.1/17.7; 46.1/ 47.3). The project would construct SR– 76 as a four-lane conventional highway including interchange improvements. The Existing Alignment Alternative with a partial cloverleaf interchange design has been selected as the Preferred Alternative and also as the Least Environmentally Damaging Practicable Alternative (LEDPA). The FHWA project reference number is FHWA–CA–EIS–10–01–F. 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 January 5, 2012, in the FHWA Record of Decision (ROD) issued on March 23, 2012, and in other documents in the FHWA project records. The FEIS, ROD, and other project records are available by contacting Caltrans at the addresses provided above. The Caltrans FEIS and ROD can be viewed and downloaded from the project Web site at https:// www.dot.ca.gov/dist11/envir.htm. 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. Council on Environmental Quality regulations; 2. National Environmental Policy Act (NEPA); 3. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU); 4. Department of Transportation Act of 1966; 5. Federal Aid Highway Act of 1970; 6. Clean Air Act Amendments of 1990; 7. Clean Water Act of 1977 and 1987; 8. Endangered Species Act of 1973; 9. Migratory Bird Treaty Act; 10. Farmland Protection Policy Act of 1981; 11. Title VI of the Civil Rights Act of 1964; 12. Uniform Relocation Assistance and Real Property Acquisition Act of 1970; E:\FR\FM\17APN1.SGM 17APN1 22838 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 13. National Historic Preservation Act of 1966; 14. Historic Sites Act of 1935; 15. Resource Conservation and Recovery Act of 1976; 16. Executive Order 11990, Protection of Wetlands 17. Executive Order 13112, Invasive Species; 18. Executive Order 11988, Floodplain Management; and, 19. Executive Order 12898, Environmental Justice. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1) Issued on: April 11, 2012. ´ Manuel E. Sanchez, Senior Transportation/Border Engineer, Federal Highway Administration, San Diego, California. [FR Doc. 2012–9205 Filed 4–16–12; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0378] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt twelve individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions are effective April 17, 2012. The exemptions expire on April 17, 2014. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (202)-366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 224, Washington, DC 20590–0001. wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:27 Apr 16, 2012 Jkt 226001 Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgement that we received your comments, please include a selfaddressed, 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 DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. Background On February 22, 2012, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (77 FR 10610). That notice listed twelve applicants’ case histories. The twelve individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. 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. Accordingly, FMCSA has evaluated the twelve applications on their merits and made a determination to grant exemptions to each of them. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing requirement red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The twelve exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, severed optic nerve, detached retina, corneal scar, complete loss of vision, macular scarring and prosthesis. In most cases, their eye conditions were not recently developed. Ten of the applicants were either born with their vision impairments or have had them since childhood. The two individuals that sustained their vision conditions as adults have had them for a period of 17 to 45 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor’s opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors’ opinions are supported by the applicants’ possession of valid commercial driver’s licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or nonCDL, these twelve drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Notices]
[Pages 22837-22838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9205]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highway in 
California

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, and U.S Environmental Protection Agency, U.S. Army Corps 
of Engineers, U.S. Fish and Wildlife Service, and the National Oceanic 
and Atmospheric Administration--National Marine Fisheries Service.

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

SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans, U.S. Army Corps of Engineers, U.S. 
Fish and Wildlife Service, and the National Oceanic and Atmospheric 
Administration--National Marine Fisheries Service that are final within 
the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project, State Route 76 (SR-76) from South Mission Road in 
Bonsall to just east of Interstate 15 (I-15), including interchange 
improvements, in Fallbrook, County of San Diego, State of California. 
Those actions grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, 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 October 
14, 2012. 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 the shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: For Caltrans: Bruce April, Deputy 
District Director, Division of Environmental Analysis, California 
Department of Transportation, 4050 Taylor Street, MS 242, San Diego, CA 
92110, Regular Office Hours: 8 a.m. to 5 p.m., Telephone number 619-
688-0100, email Bruce.April@dot.ca.gov. For the U.S. Army Corps of 
Engineers, Ms. Stephanie J. Hall, District 11 Liaison, 915 Wilshire 
Boulevard, 13th Floor, Los Angeles, CA 90017-3401, Regular Office 
Hours: 8 a.m. to 5 p.m., Telephone number 213-452-3410, email 
Stephanie.J.Hall@usace.army.mil, the Clean Water Act Section 404 Permit 
is pending. For the U.S. Fish and Wildlife Service, Ms. Sally Brown, 
Caltrans Liaison, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 
92011, Regular Office Hours 8 a.m. to 5 p.m., Telephone number 760-431-
9440, the Biological Opinion was received on September 22, 2011. For 
the National Oceanic and Atmospheric Administration--National Marine 
Fisheries Service, Mr. Stan Glowacki, Protected Resources Division, 
Southwest Regional Office, 501 West Ocean Boulevard, Long Beach, CA 
90802-4213, Telephone number 562-980-4061, email 
stan.glowacki@noaa.gov, the Section 7 consultation was completed on 
June 8, 2011.

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, 
and the California Department of Transportation (Caltrans) assumed, 
environmental responsibilities for this project pursuant to 23 U.S.C. 
327. Notice is hereby given that Caltrans has taken final agency 
actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, 
and approvals for the following highway project in the State of 
California: The project is located in northern San Diego County on SR-
76 from South Mission Road in the unincorporated community of Bonsall 
to just east of I-15, including interchange improvements in the 
unincorporated community of Fallbrook, covering a distance of 
approximately 5.6-miles on SR-76 and 1.2 miles on I-15 (PM 12.1/17.7; 
46.1/47.3). The project would construct SR-76 as a four-lane 
conventional highway including interchange improvements. The Existing 
Alignment Alternative with a partial cloverleaf interchange design has 
been selected as the Preferred Alternative and also as the Least 
Environmentally Damaging Practicable Alternative (LEDPA). The FHWA 
project reference number is FHWA-CA-EIS-10-01-F.
    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 January 5, 2012, in the 
FHWA Record of Decision (ROD) issued on March 23, 2012, and in other 
documents in the FHWA project records. The FEIS, ROD, and other project 
records are available by contacting Caltrans at the addresses provided 
above. The Caltrans FEIS and ROD can be viewed and downloaded from the 
project Web site at https://www.dot.ca.gov/dist11/envir.htm.
    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. Council on Environmental Quality regulations;
    2. National Environmental Policy Act (NEPA);
    3. Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU);
    4. Department of Transportation Act of 1966;
    5. Federal Aid Highway Act of 1970;
    6. Clean Air Act Amendments of 1990;
    7. Clean Water Act of 1977 and 1987;
    8. Endangered Species Act of 1973;
    9. Migratory Bird Treaty Act;
    10. Farmland Protection Policy Act of 1981;
    11. Title VI of the Civil Rights Act of 1964;
    12. Uniform Relocation Assistance and Real Property Acquisition Act 
of 1970;

[[Page 22838]]

    13. National Historic Preservation Act of 1966;
    14. Historic Sites Act of 1935;
    15. Resource Conservation and Recovery Act of 1976;
    16. Executive Order 11990, Protection of Wetlands
    17. Executive Order 13112, Invasive Species;
    18. Executive Order 11988, Floodplain Management; and,
    19. Executive Order 12898, Environmental Justice.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

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

    Issued on: April 11, 2012.
Manuel E. S[aacute]nchez,
Senior Transportation/Border Engineer, Federal Highway Administration, 
San Diego, California.
[FR Doc. 2012-9205 Filed 4-16-12; 8:45 am]
BILLING CODE 4910-RY-P
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