Federal Register / Vol. 71, No. 239 / Wednesday, December 13, 2006 / Notices 74985 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending December 1, 

2006 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et. 

seq.). The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: OST–2005–22228 

and OST–2006–26524. 

Date Filed: December 1, 2006. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: December 22, 2006. 

Description: Application of JetBlue 

Airways Corporation (‘‘JetBlue’’) 

requesting a certificate of public 

convenience and necessity authorizing 

JetBlue to engage in foreign scheduled 

air transportation of persons, property 

and mail to Cancun, Mexico from 

Boston, MA. 

Renee V. Wright, 

Program Manager, Docket Operations, 

Federal Register Liaison. 

[FR Doc. E6–21181 Filed 12–12–06; 8:45 am] 

BILLING CODE 4910–9X–P 

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; email: 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 


hsrobinson on PROD1PC76 with NOTICES
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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA). 

ACTION: Notice of applications for 

exemption from the diabetes standard; 

request for comments. 

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: http://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 

http://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 http://dms.dot.gov, including any 

personal information provided. Please 

see the Privacy Act heading under 

Regulatory Notices. To read background 

documents or comments received, go to 

http://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 http:// 

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 http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 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: 

Background 

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

FMCSA may grant an exemption for a 2- 

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 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 

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. 


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