Notice of Final Federal Agency Actions on Proposed Highway in California, 17284-17285 [2023-05830]
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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
of State for Management the authority to
notify the appropriate congressional
committees of any such waiver and to
submit to appropriate congressional
committees reports under the same
sections of the SECCA of 1999.
2. There will be a notification to
Congress at least two days prior to any
waiver’s implementation. This
delegation of authority shall not apply
to posts designated as High Threat/High
Risk posts consistent with section 104 of
the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C.
4803).
3. The functions delegated herein may
be exercised by the Secretary, the
Deputy Secretary, and the Deputy
Secretary for Management and
Resources. This delegation does not
modify any other delegation currently in
force.
4. This delegation of authority will be
published in the Federal Register.
Dated: February 27, 2023.
Antony Blinken,
Secretary of State.
[FR Doc. 2023–05900 Filed 3–21–23; 8:45 am]
BILLING CODE 4710–10–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in California
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of limitation on claims
for judicial review.
AGENCY:
The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans, that
are final. The actions relate to a
proposed highway project, on State
Route (SR 37) between postmiles 2.9–
6.2 in Sonoma County, postmiles 0.0–
R7.4 in Solano County, and postmiles
0.0–0.2 in Napa County, 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 August 21, 2023. 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: For
Caltrans: Maxwell Lammert, Office
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
16:52 Mar 21, 2023
Jkt 259001
Chief, California Department of
Transportation, 111 Grand Avenue, MS–
8B, Oakland, CA 94612. Office hours:
Monday through Friday 8 a.m.–5 p.m.
Contact Information:
Maxwell.Lammert@dot.ca.gov and (510)
506–9862.
Effective
July 1, 2007, the Federal Highway
Administration assigned, and the
California Department of Transportation
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: Caltrans, in partnership with
the Metropolitan Transportation
Commission (MTC) and the north bay
partner agencies of Sonoma County
Transportation Authority (SCTA),
Solano Transportation Authority (STA),
and Napa Valley Transportation
Authority (NVTA), proposes the Sears
Point to Mare Island Improvement
Project to address existing recurring
congestion along State Route (SR) 37
where the highway narrows to one lane
in each direction between SR 121 and
the Mare Island Interchange
(approximately 10 miles). The selected
alternative will widen SR 37 to provide
four full-time lanes (two in each
direction), widen the Tolay Creek
Bridge, widen the Sonoma Creek Bridge,
and provide 8-foot shoulders (except at
Sonoma Creek Bridge which would
have 4-foot shoulders). In each direction
of SR 37 in the project limits, the
existing lane would be converted to fulltime High Occupancy Vehicle (HOV)
lanes and the newly added lanes would
be toll lanes. The actions by the Federal
agencies, and the laws under which
such actions were taken, are described
in the Final Environmental Assessment
(FEA) and Finding of No Significant
Impact (FONSI), approved on February
8, 2023 and in other documents in the
Caltrans project records. The FEA,
FONSI, and other project records are
available by contacting Caltrans at the
addresses provided above. The Caltrans
FEA and FONSI can be viewed and
downloaded from the project website at
https://dot.ca.gov/caltrans-near-me/
district-4/d4-popular-links/d4environmental-docs#district-wide.
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:
SUPPLEMENTARY INFORMATION:
1. Council on Environmental Quality
Regulations
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
2. National Environmental Policy Act
(NEPA) of 1969 [42 U.S.C. 4321–
4351]
3. Federal-Aid Highway Act of 1970 [23
U.S.C. 109 and 23 U.S.C. 128]
4. Clean Air Act Amendments of 1990
(CAAA) [42 U.S.C. 7401–7671(q)]
5. Clean Water Act of 1977 and 1987
(Section 404 and Section 401)
6. Section 106 of the National Historic
Preservation Act of 1966, as
amended
7. Historic Sites Act of 1935
8. Federal Water Pollution Control Act
of 1972 (see Clean Water Act of
1977 & 1987)
9. Paleontological Resources
Preservation Act of 2009 (PRPA)
10. Antiquities Act [54 U.S.C. 320301–
320303]
11. Noise Control Act of 1972
12. Safe Drinking Water Act of 1944, as
amended
13. Toxic Substances Control Act
14. Comprehensive Environmental
Response, Compensation and
Liability Act
15. Resource Conservation and Recovery
Act (RCRA) of 1976
16. Endangered Species Act of 1973
17. Executive Order 11990, Protection of
Wetlands
18. Executive Order 13112, Invasive
Species
19. Executive Order 13186, Migratory
Birds
20. Fish and Wildlife Coordination Act
of 1934, as amended
21. Migratory Bird Treaty Act
22. Marine Mammal Protection Act
23. Water Bank Act Wetlands Mitigation
Banks, ISTEA 1991, Sections 1006–
1007
24. Wildflowers, Surface Transportation
& Uniform Relocation Act of 1987
Section 130
25. Coastal Zone Management Act of
1972 (CZMA)
26. Coastal Zone Management Act
Reauthorization Amendments of
1990
27. Executive Order 11988, Floodplain
Management
28. Department of Transportation (DOT)
Executive Order 5650.2—
Floodplain Management and
Protection (April 23, 1979)
29. Rivers and Harbors Appropriation
Act of 1899, Sections 9 and 10
30. Title VI of the Civil Rights Act of
1964, as amended
31. Executive Order 12898, Federal
Actions to Address Environmental
Justice and Low-Income
Populations
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
E:\FR\FM\22MRN1.SGM
22MRN1
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
(Authority: 23 U.S.C. 139(l)(1))
Dated: March 16, 2023.
Antonio Johnson,
Director, Planning, Environment, and Right
of Way, Federal Highway Administration,
California Division.
[FR Doc. 2023–05830 Filed 3–21–23; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0017]
Qualification of Drivers; Exemption
Applications; Hearing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 10 individuals from
the hearing requirement in the Federal
Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial
motor vehicle (CMV) in interstate
commerce. The exemptions enable these
hard of hearing and deaf individuals to
operate CMVs in interstate commerce.
DATES: The exemptions are applicable
on March 22, 2023. The exemptions
expire on March 22, 2025.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, fmcsamedical@dot.gov. Office
hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number (FMCSA–2023–0017) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
VerDate Sep<11>2014
16:52 Mar 21, 2023
Jkt 259001
a.m. and 5 p.m. ET Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
B. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
requests. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On February 13, 2023, FMCSA
published a notice announcing receipt
of applications from 10 individuals
requesting an exemption from the
hearing requirement in 49 CFR
391.41(b)(11) to operate a CMV in
interstate commerce and requested
comments from the public (88 FR 9314).
The public comment period ended on
March 15, 2023, and no comments were
received.
FMCSA has evaluated the eligibility
of these applicants and determined that
granting exemptions to these
individuals would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by complying with § 391.41(b)(11).
The physical qualification standard
for drivers regarding hearing found in
§ 391.41(b)(11) states that a person is
physically qualified to drive a CMV if
that person first perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951.
This standard was adopted in 1970
and was revised in 1971 to allow drivers
to be qualified under this standard
while wearing a hearing aid (35 FR
6458, 6463 (Apr. 22, 1970) and 36 FR
12857 (July 8, 1971), respectively).
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
17285
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year 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
statutes also allow the Agency to renew
exemptions at the end of the 5-year
period. However, FMCSA grants
medical exemptions from the FMCSRs
for a 2-year period to align with the
maximum duration of a driver’s medical
certification.
The Agency’s decision regarding these
exemption applications is based on
relevant scientific information and
literature, and the 2008 Evidence
Report, ‘‘Executive Summary on
Hearing, Vestibular Function and
Commercial Motor Driving Safety.’’ The
evidence report reached two
conclusions regarding the matter of
hearing loss and CMV driver safety: (1)
no studies that examined the
relationship between hearing loss and
crash risk exclusively among CMV
drivers were identified; and (2) evidence
from studies of the private driver’s
license holder population does not
support the contention that individuals
with hearing impairment are at an
increased risk for a crash. In addition,
the Agency reviewed each applicant’s
driving record found in the Commercial
Driver’s License Information System, for
commercial driver’s license (CDL)
holders, and inspections recorded in the
Motor Carrier Management Information
System. For non-CDL holders, the
Agency reviewed the driving records
from the State Driver’s Licensing
Agency. Each applicant’s record
demonstrated a safe driving history.
Based on an individual assessment of
each applicant that focused on whether
an equal or greater level of safety would
likely be achieved by permitting each of
these drivers to drive in interstate
commerce, the Agency finds the drivers
granted this exemption have
demonstrated that they do not pose a
risk to public safety.
Consequently, FMCSA finds further
that in each case exempting these
applicants from the hearing standard in
§ 391.41(b)(11) would likely achieve a
level of safety equal to that existing
without the exemption, consistent with
the applicable standard in 49 U.S.C.
31315(b)(1).
V. Conditions and Requirements
The terms and conditions of the
exemption are provided to the
applicants in the exemption document
E:\FR\FM\22MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17284-17285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05830]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on Proposed Highway in
California
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of limitation on claims for judicial review.
-----------------------------------------------------------------------
SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to
announce actions taken by Caltrans, that are final. The actions relate
to a proposed highway project, on State Route (SR 37) between postmiles
2.9-6.2 in Sonoma County, postmiles 0.0-R7.4 in Solano County, and
postmiles 0.0-0.2 in Napa County, 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 August
21, 2023. 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: For Caltrans: Maxwell Lammert, Office
Chief, California Department of Transportation, 111 Grand Avenue, MS-
8B, Oakland, CA 94612. Office hours: Monday through Friday 8 a.m.-5
p.m. Contact Information: [email protected] and (510) 506-
9862.
SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway
Administration assigned, and the California Department of
Transportation 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: Caltrans, in partnership with the Metropolitan
Transportation Commission (MTC) and the north bay partner agencies of
Sonoma County Transportation Authority (SCTA), Solano Transportation
Authority (STA), and Napa Valley Transportation Authority (NVTA),
proposes the Sears Point to Mare Island Improvement Project to address
existing recurring congestion along State Route (SR) 37 where the
highway narrows to one lane in each direction between SR 121 and the
Mare Island Interchange (approximately 10 miles). The selected
alternative will widen SR 37 to provide four full-time lanes (two in
each direction), widen the Tolay Creek Bridge, widen the Sonoma Creek
Bridge, and provide 8-foot shoulders (except at Sonoma Creek Bridge
which would have 4-foot shoulders). In each direction of SR 37 in the
project limits, the existing lane would be converted to full-time High
Occupancy Vehicle (HOV) lanes and the newly added lanes would be toll
lanes. The actions by the Federal agencies, and the laws under which
such actions were taken, are described in the Final Environmental
Assessment (FEA) and Finding of No Significant Impact (FONSI), approved
on February 8, 2023 and in other documents in the Caltrans project
records. The FEA, FONSI, and other project records are available by
contacting Caltrans at the addresses provided above. The Caltrans FEA
and FONSI can be viewed and downloaded from the project website at
https://dot.ca.gov/caltrans-near-me/district-4/d4-popular-links/d4-environmental-docs#district-wide.
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) of 1969 [42 U.S.C. 4321-
4351]
3. Federal-Aid Highway Act of 1970 [23 U.S.C. 109 and 23 U.S.C. 128]
4. Clean Air Act Amendments of 1990 (CAAA) [42 U.S.C. 7401-7671(q)]
5. Clean Water Act of 1977 and 1987 (Section 404 and Section 401)
6. Section 106 of the National Historic Preservation Act of 1966, as
amended
7. Historic Sites Act of 1935
8. Federal Water Pollution Control Act of 1972 (see Clean Water Act of
1977 & 1987)
9. Paleontological Resources Preservation Act of 2009 (PRPA)
10. Antiquities Act [54 U.S.C. 320301-320303]
11. Noise Control Act of 1972
12. Safe Drinking Water Act of 1944, as amended
13. Toxic Substances Control Act
14. Comprehensive Environmental Response, Compensation and Liability
Act
15. Resource Conservation and Recovery Act (RCRA) of 1976
16. Endangered Species Act of 1973
17. Executive Order 11990, Protection of Wetlands
18. Executive Order 13112, Invasive Species
19. Executive Order 13186, Migratory Birds
20. Fish and Wildlife Coordination Act of 1934, as amended
21. Migratory Bird Treaty Act
22. Marine Mammal Protection Act
23. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections
1006-1007
24. Wildflowers, Surface Transportation & Uniform Relocation Act of
1987 Section 130
25. Coastal Zone Management Act of 1972 (CZMA)
26. Coastal Zone Management Act Reauthorization Amendments of 1990
27. Executive Order 11988, Floodplain Management
28. Department of Transportation (DOT) Executive Order 5650.2--
Floodplain Management and Protection (April 23, 1979)
29. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10
30. Title VI of the Civil Rights Act of 1964, as amended
31. Executive Order 12898, Federal Actions to Address Environmental
Justice and Low-Income Populations
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372
[[Page 17285]]
regarding intergovernmental consultation on Federal programs and
activities apply to this program.)
(Authority: 23 U.S.C. 139(l)(1))
Dated: March 16, 2023.
Antonio Johnson,
Director, Planning, Environment, and Right of Way, Federal Highway
Administration, California Division.
[FR Doc. 2023-05830 Filed 3-21-23; 8:45 am]
BILLING CODE 4910-RY-P
