Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 531 

The Advisory Committee focuses on 

work undertaken or proposed in various 

international bodies, including but not 

limited to the Hague Conference on 

Private International Law; the United 

Nations Commission on International 

Trade Law (UNCITRAL), the 

International Institute for the 

Unification of Private Law (UNIDROIT), 

and the Organization of American States 

(OAS). 

Topics considered by the Advisory 

Committee have included, for example: 

jurisdiction and enforcement of foreign 

judgments; party choice of forum; 

arbitration rules; enforcement of foreign 

arbitral awards; the protection of 

minors; inter-country adoption; child 

abduction; cross-border insolvency; 

electronic commerce; secured finance; 

carriage of goods by sea and by other 

modes of transportation; cross-border 

securities transactions; online dispute 

resolution; international leasing and 

franchising; and other topics of current 

interest in private law as they arise. 

Advisory Committee meetings are 

open to the public, and participation by 

the public is encouraged. Interested 

persons, organizations, academic 

centers and others can participate in all 

aspects of the Committee’s work. 

Notices of meetings are published in the 

Federal Register at least 15 calendar 

days prior to the meeting date, unless 

circumstances require that the meeting 

be held with a shorter notice period. 

Interested parties can obtain additional 

information from the Office of the 

Assistant Legal Adviser for Private 

International Law (L/PIL), Department 

of State, at (202) 776–8420, fax 776– 

8482, or by email to Tricia Smeltzer at 

SmeltzerTK@State.gov. 

Dated: December 23, 2011. 

Harold S. Burman, 

Executive Director, Department of State 

Advisory, Committee on Private International 

Law. 

[FR Doc. 2011–33830 Filed 1–4–12; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Federal Transit Administration 

Notice of Limitation on Claims Against 

a Proposed Transportation Project 

AGENCY: Federal Highway 

Administration (FHWA), Federal 

Transit Administration (FTA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA, 

FTA and other agencies. 

SUMMARY: This notice announces final 

environmental actions taken by FHWA, 

FTA, and other agencies that are final 

within the meaning of Federal 

transportation law. The actions relate to 

the Interstate 5 Columbia River Crossing 

Project in Clark County, Washington 

and Multnomah County, Oregon. 

DATES: By this notice, FHWA and FTA 

are advising the public of final agency 

actions subject to 23 U.S.C. 139(l). A 

claim seeking judicial review of the 

Federal agency actions announced 

herein for the listed transportation 

project will be barred unless the claim 

is filed on or before July 3, 2012. 

FOR FURTHER INFORMATION CONTACT: John 

McAvoy, Major Project Manager, 

Federal Highway Administration, 

Western Federal Lands Highway 

Division, 610 E. Fifth Street, Vancouver, 

WA 98661; telephone: (360) 619–7591; 

and email: john.mcavoy@dot.gov, or 

Terence Plaskon, Environmental 

Protection Specialist, Office of Planning 

and the Environment, FTA; telephone: 

(202) 366–0442; and email: terence.

plaskon@dot.gov. FHWA and FTA 

headquarters are located at 1200 New 

Jersey Avenue SE., Washington, DC 

20590. Office hours are from 9 a.m. to 

5:30 p.m., EST, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FHWA, FTA and other 

agencies have taken final agency actions 

by issuing licenses, permits, and 

approvals for the transportation project 

in the States of Oregon and Washington. 

Federal Lead Agencies: Federal 

Highway Administration (FHWA) and 

Federal Transit Administration (FTA). 

Project Sponsors: Oregon and 

Washington Departments of 

Transportation (ODOT, WSDOT), 

Southwest Washington Regional 

Transportation Council (RTC), Metro, 

Clark County Public Transportation 

Benefit Area (C–TRAN), and Tri-County 

Metropolitan Transportation District 

(TriMet). Project Description: The 

project is a bridge, transit, highway, and 

bicycle and pedestrian improvement 

project, consisting of a new river 

crossing over the Columbia River, 

improvements to highway interchanges 

and the local street network, bicycle and 

pedestrian improvements, and an 

extension of light rail from the Expo 

Center in Portland (OR) to Clark College 

in Vancouver (WA). The actions by the 

Federal and other agencies on this 

project, as well as the laws under which 

such actions were taken, are described 

in the Final Environmental Impact 

Statement (FEIS) for the project 

published in the Federal Register on 

September 23, 2011, and in the Record 

of Decision issued on December 7, 2011. 

The FEIS and ROD are available by 

contacting FHWA at the address above 

or can be downloaded from the project 

Web site at 

www.columbiarivercrossing.org. 

This notice applies to all FHWA, 

FTA, and other agency decisions on the 

listed project as of the issuance date of 

this notice and all laws under which 

such actions were taken, including, but 

not limited to those arising under the 

following laws, as amended: 

1. General: National Environmental 

Policy Act [42 U.S.C. 4321–4347]; 

Federal-Aid Highway Act [23 U.S.C. 

109]; the Federal transit statutes [49 

U.S.C. Chapter 53]. 

2. Air: Clean Air Act, as amended [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]; Landscaping and 

Scenic Enhancement (Wildflowers) [23 

U.S.C. 319]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544]; Anadromous 

Fish Conservation Act [16 U.S.C. 

757(a)–757(f)]; Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(e)]; Magnuson-Stevenson Fishery 

Conservation and Management Act of 

1976, as amended [16 U.S.C. 1801 et 

seq.]; 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. 470f]; Archaeological 

Resources Protection Act of 1977 [16 

U.S.C. 470aa–470mm]; Archaeological 

and Historic Preservation Act [16 U.S.C. 

469–469c–2]; Native American Grave 

Protection and Repatriation Act [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 [7 U.S.C. 4201– 

4209]; the Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, as 

amended [42 U.S.C. 61]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

[Section 404, Section 401, Section 319]; 

Coastal Zone Management Act [16 

U.S.C. 1451–1465]; Land and Water 

Conservation Fund [16 U.S.C. 4601–4– 

4601–11]; Safe Drinking Water Act [42 

U.S.C. 300f et seq.]; Rivers and Harbors 

Act of 1899 [33 U.S.C. 401–406]; TEA– 

21 Wetlands Mitigation [23 U.S.C. 

103(b)(6)(m), 133(b)(11)]; Flood Disaster 

Protection Act [42 U.S.C. 4001–4129]. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 


emcdonald on DSK5VPTVN1PROD with NOTICES
532 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

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. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities apply to this program.) 

Nothing in this notice creates a cause of 

action under these executive orders. 

Issued on: December 29, 2011. 

John McAvoy, 

FHWA Major Project Manager, Vancouver, 

WA. 

Lucy Garliauskas, 

Associate Administrator for Planning and 

Environment, Washington, DC. 

[FR Doc. 2011–33784 Filed 1–4–12; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2011–0300] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt twenty-two 

individuals from its rule prohibiting 

persons with insulin-treated diabetes 

mellitus (ITDM) from operating 

commercial motor vehicles (CMVs) in 

interstate commerce. The exemptions 

will enable these individuals to operate 

CMVs in interstate commerce. 

DATES: The exemptions are effective 

January 5, 2012. The exemptions expire 

on January 5, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Elaine M. Papp, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, Room 

W64–224, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 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: http:// 

www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov and/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. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of DOT’s 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, or 

other entity). You may review DOT’s 

Privacy Act Statement for the Federal 

Docket Management System (FDMS) 

published in the Federal Register on 

January 17, 2008 (73 FR 3316), or you 

may visit http://edocket.access.gpo.gov/ 

2008/pdf/E8-785.pdf. 

Background 

On November 16, 2011, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

twenty individuals and requested 

comments from the public (76 FR 

71112). The public comment period 

closed on December 16, 2011, and no 

comments were received. 

FMCSA has evaluated the eligibility 

of the twenty applicants and determined 

that granting the exemptions to these 

individuals would achieve a level of 

safety equivalent to or greater than the 

level that would be achieved by 

complying with the current regulation 

49 CFR 391.41(b)(3). 

Two individuals, Mr. Matthew J. 

Cipolloni (NJ) and Mr. Michael K. 

Schulist (MI) were both published in a 

notice of comments published on 

October 17, 2011 (76 FR 64165). They 

were both granted exemptions on 

December 19, 2011 but their names were 

inadvertently omitted from the Notice of 

Final Disposition published on that date 

(76 FR 78718) and they are now 

included in this notice. 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

requirement for diabetes in 1970 

because several risk studies indicated 

that drivers with diabetes had a higher 

rate of crash involvement than the 

general population. The diabetes rule 

provides that ‘‘A person is physically 

qualified to drive a commercial motor 

vehicle if that person has no established 

medical history or clinical diagnosis of 

diabetes mellitus currently requiring 

insulin for control’’ (49 CFR 

391.41(b)(3)). 

FMCSA established its diabetes 

exemption program, based on the 

Agency’s July 2000 study entitled ‘‘A 

Report to Congress on the Feasibility of 

a Program to Qualify Individuals with 

Insulin-Treated Diabetes Mellitus to 

Operate in Interstate Commerce as 

Directed by the Transportation Act for 

the 21st Century.’’ The report concluded 

that a safe and practicable protocol to 

allow some drivers with ITDM to 

operate CMVs is feasible. The 

September 3, 2003 (68 FR 52441), 

Federal Register notice in conjunction 

with the November 8, 2005 (70 FR 

67777), Federal Register notice provides 

the current protocol for allowing such 

drivers to operate CMVs in interstate 

commerce. 

These twenty-two applicants have 

had ITDM over a range of 1 to 23 years. 

These applicants report no severe 

hypoglycemic reactions resulting in loss 

of consciousness or seizure, requiring 

the assistance of another person, or 

resulting in impaired cognitive function 

that occurred without warning 

symptoms, in the past 12 months and no 

recurrent (2 or more) severe 

hypoglycemic episodes in the past 5 

years. In each case, an endocrinologist 

verified that the driver has 

demonstrated a willingness to properly 

monitor and manage his/her diabetes 

mellitus, received education related to 

diabetes management, and is on a stable 

insulin regimen. These drivers report no 

other disqualifying conditions, 

including diabetes-related 

complications. Each meets the vision 

requirement at 49 CFR 391.41(b)(10). 

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the November 

16, 2011, Federal Register notice and 

they will not be repeated in this notice. 

Discussion of Comment 

FMCSA did not receive any 

comments in this proceeding. 

Basis for Exemption Determination 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption from 

the diabetes requirement in 49 CFR 

391.41(b)(3) if the exemption is likely to 

achieve an equivalent or greater level of 

safety than would be achieved without 

the exemption. The exemption allows 

the applicants to operate CMVs in 

interstate commerce. 

To evaluate the effect of these 

exemptions on safety, FMCSA 

considered medical reports about the 


emcdonald on DSK5VPTVN1PROD with NOTICES