10604 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

environmental document in accordance 

with the policy memorandum titled, 

‘‘Environmental Document Quality 

Control Program under the NEPA Pilot 

Program’’ (July 2, 2007). As was 

identified in past audits, incomplete 

and incorrectly completed QC 

certification forms continued to be 

identified in this audit. During project 

file reviews by the audit team, the 

following instances of incomplete or 

incorrect QC certification forms were 

observed: 

(a) Four Internal QC certification 

forms (for three projects) were 

completed and signed and dated by 

reviewers after the approval date of the 

document; 

(b) One class of action determination 

form was signed on the same date that 

the document was approved; 

(c) Five QC certification forms 

contained undated review signatures or 

the signatures were not obtained in the 

proper sequence in accordance with the 

Caltrans established QA/QC processes. 

This included four projects where 

external QC certification forms 

contained signatures that were obtained 

after the internal QC certification form 

signatures; and 

(d) Five QC certification forms were 

missing the signatures of required 

reviewers. 

(D3) QA/QC Certification Process— 

MOU Section 8.2.5 and SER Chapter 38 

require Caltrans staff to review each 

environmental document in accordance 

with the policy memorandum titled, 

‘‘Environmental Document Quality 

Control Program under the NEPA Pilot 

Program’’ (July 2, 2007). The policy 

memorandum included the revision to 

the quality control program that 

includes the addition of a NEPA QC 

Review. The purpose of this review 

component is to ensure that the 

environmental document complies with 

the FHWA policies and guidance and 

the requirements of all applicable 

Federal laws, executive orders, and 

regulations. 

Interviews with Caltrans staff and 

project file reviews in one District 

indicated that a NEPA QC reviewer was 

directed by the Office Chief of 

Environmental Affairs and the District 

Director to sign the internal certification 

form without having reviewed the final 

version of the environmental document 

in order to meet the project schedule. 

The NEPA QC reviewer had noted in the 

project file that there were two items, 

previously identified to be addressed, 

that had not yet been addressed in the 

document that was signed. 

(D4) Re-evaluation Process—MOU 

Section 5.1 requires Caltrans to be 

subject to the same procedural and 

substantive requirements that apply to 

DOT in carrying out the responsibilities 

assumed under the Pilot Program. This 

includes the process and documentation 

for conducting NEPA re-evaluations to 

comply with 23 CFR 771.129. 

Additionally, SER Chapter 33 discusses 

revalidations and re-evaluations. As in 

past audits, project file reviews and staff 

interviews identified varying degrees of 

understanding of, and compliance with, 

these procedures and the improper use 

of re-evaluation documentation to serve 

another project development purpose. 

Project file reviews identified the 

following inconsistencies with regards 

to re-evaluations: 

(a) A re-evaluation is done to 

determine if the approved 

environmental document or the 

Categorical Exclusion (CE) designation 

remains valid. In the re-evaluation 

process, the original decision and 

analysis needs to be reviewed for its 

validity. A re-evaluation was used to 

increase the scope of the original EA/ 

FONSI. The FHWA re-evaluation 

process does not accommodate such an 

approach. The supporting 

documentation and project files for this 

project were not available for review; 

and 

(b) In a second project, the NEPA 

document was identified in the 

Quarterly Report as a re-evaluation. This 

project was identified as an intersection 

improvement that was to be added to a 

larger project, already under 

construction. The project file contained 

both re-evaluation forms and CE 

checklist forms. Under NEPA, the 

project should have been a stand-alone 

CE, as it was not a part of the original 

project. 

(D5) Section 4(f) Documentation— 

MOU Section 5.1.1 affirms that Caltrans 

is subject to the same procedural and 

substantive requirements that apply to 

DOT in carrying out the responsibilities 

assumed under the Pilot Program. The 

SER Chapter 20, Section 4(f) and 

Related Requirements, sets forth 

procedures for documenting impacts to 

Section 4(f) properties in Caltransassigned environmental documents. As 

was also noted in the fourth and fifth 

FHWA audits of the Pilot Program, 

project file reviews and interviews with 

staff conducted during this audit 

identified inconsistencies with the 

implementation and documentation 

requirements for carrying out the 

Section 4(f) provisions. 

In the case of Section 4(f) evaluations, 

the audit team found the following: 

(a) Two of the three evaluations did 

not contain a required Section 4(f) 

avoidance alternative analysis. 

(b) Two of the three evaluations did 

not provide a required Least Overall 

Harm Analysis. 

(D6) Statement Regarding Assumption 

of Responsibility—MOU section 3.2.5 

requires language regarding Caltrans’ 

assumption of responsibility under 23 

U.S.C. 327 be included on the cover 

page of each environmental document 

for all assumed Pilot Program projects. 

The audit teams’ project file reviews 

found the following inconsistencies 

with this requirement: 

(a) The cover page for one EA 

reviewed during the audit did not 

include this required statement; 

(b) The cover page for one Final EIS 

had been modified from the language 

agreed to in the MOU; and 

(c) The cover page for three California 

Environmental Quality Act only 

document contained the FHWA 

assumption statement, even though 

there was no FHWA involvement in this 

document. 

[FR Doc. 2012–3977 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2007–0017; FMCSA– 

2007–29019; FMCSA–2007–28695; FMCSA– 

2008–0106; FMCSA–2009–0154; FMCSA– 

2009–0291; FMCSA–2009–0303; FMCSA– 

2009–0321] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 36 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

2, 2012. Comments must be received on 

or before March 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10605 

2007–0017; FMCSA–2007–29019; 

FMCSA–2007–28695; FMCSA–2008– 

0106; FMCSA–2009–0154; FMCSA– 

2009–0291; FMCSA–2009–0303; 

FMCSA–2009–0321, using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

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 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment 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 

http://edocket.access.gpo.gov/2008/pdf/ 

E8-785.pdf. 

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. 

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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

Exemption Decision 

This notice addresses 36 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

36 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

William M. Arbogast (FL), Cris D. 

Bush (TN), John E. Cain (NM), Billy C. 

Chenault (NM), Eugene Contreras (NM), 

Jim L. Davis (NM), David E. Evans (NC), 

Nigel L. Farmer (CT), Wayne W. 

Ferguson (VA), Randy M. Garcia (NM), 

John A. Graham (PA), Henry J. Gregoire, 

Jr. (MN), Jason L. Hoovan (UT), Amos 

W. Hulsey (AL), Guy A. Lanham (FL), 

Curtis M. Lawless (VA), James M. 

McCormick (ID), Joseph F. McIntyre, Jr. 

(GA), Richard K. Mell (VA), Glen A. 

Miller (VA), Shane W. Mincey (AL), 

Russell L. Moyers (WV), Millard F. 

Neace, II (WV), William E. Norris (NC), 

Frank L. Ortolani (OH), Willie L. Parks 

(CA), Paul D. Prillaman (VA), Scott 

Randol (MO), Clarence J. Robishaw, Jr 

(NY), Miguel A. Sanchez (NM), Dennis 

R. Schneider (NM), James Vickery (KY), 

Norman J. Watson (NC), Lewis H. West, 

Jr. (MA), Billy R. Wilkey (TX), Reginald 

J. Wuethrich (IL). 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements in 

49 CFR 391.41(b)(10), and (b) by a 

medical examiner who attests that the 

individual is otherwise physically 

qualified under 49 CFR 391.41; (2) that 

each individual provides a copy of the 

ophthalmologist’s or optometrist’s 

report to the medical examiner at the 

time of the annual medical examination; 

and (3) that each individual provide a 

copy of the annual medical certification 

to the employer for retention in the 

driver’s qualification file and retains a 

copy of the certification on his/her 

person while driving for presentation to 

a duly authorized Federal, State, or local 

enforcement official. Each exemption 

will be valid for two years unless 

rescinded earlier by FMCSA. The 

exemption will be rescinded if: (1) The 

person fails to comply with the terms 

and conditions of the exemption; (2) the 

exemption has resulted in a lower level 

of safety than was maintained before it 

was granted; or (3) continuation of the 

exemption would not be consistent with 

the goals and objectives of 49 U.S.C. 

31136(e) and 31315. 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 36 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (72 FR 46261; 72 FR 

54972; 72 FR 58362; 72 FR 67340; 72 FR 

67344; 73 FR 1395; 73 FR 35194; 73 FR 

48275; 74 FR 37295; 74 FR 48343; 74 FR 

57553; 74 FR 60022; 74 FR 65842; 74 FR 

65845; 75 FR 1835; 75 FR 4623; 75 FR 

9482). Each of these 36 applicants has 

requested renewal of the exemption and 

has submitted evidence showing that 

the vision in the better eye continues to 

meet the requirement specified at 49 

CFR 391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption 

requirements. These factors provide an 

adequate basis for predicting each 

driver’s ability to continue to drive 

safely in interstate commerce. 

Therefore, FMCSA concludes that 

extending the exemption for each 

renewal applicant for a period of two 

years is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 


srobinson on DSK4SPTVN1PROD with NOTICES
10606 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

drivers submit comments by March 23, 

2012. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 36 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: January 26, 2012. 

Larry W. Minor, 

Associate Administrator of Policy. 

[FR Doc. 2012–3995 Filed 2–21–12; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2002–12844; FMCSA– 

2005–23099; FMCSA–2007–27897; FMCSA– 

2009–0291; FMCSA–2009–0321] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 10 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

15, 2012. Comments must be received 

on or before March 23, 2012. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: FMCSA– 

2002–12844; FMCSA–2005–23099; 

FMCSA–2007–27897; FMCSA–2009– 

0291; FMCSA–2009–0321, using any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http:// 

www.regulations.gov, including any 

personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

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 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment 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 

http://edocket.access.gpo.gov/2008/pdf/ 

E8–785.pdf. 

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. 

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 renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-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 

procedures for requesting an exemption 

(including renewals) are set out in 49 

CFR part 381. 

Exemption Decision 

This notice addresses 10 individuals 

who have requested renewal of their 

exemptions in accordance with FMCSA 

procedures. FMCSA has evaluated these 

10 applications for renewal on their 

merits and decided to extend each 

exemption for a renewable two-year 

period. They are: 

Gene Bartlett, Jr. (VT), 

Ronald D. Boeve (MI), 

Marland L. Brassfield (TX), 

Dale M. Cannon (OR), 

Jamie French (NC), 

Wayne H. Holt (UT), 

Billy R. Jefferies (WV), 

Carlos A. MendezCastellon (VA), 

Gary N. Wilson (UT), 

William B. Wilson (KY). 

The exemptions are extended subject 

to the following conditions: (1) That 

each individual has a physical 

examination every year (a) by an 

ophthalmologist or optometrist who 

attests that the vision in the better eye 

continues to meet the requirements in 

49 CFR 391.41(b)(10), and (b) by a 

medical examiner who attests that the 

individual is otherwise physically 

qualified under 49 CFR 391.41; (2) that 

each individual provides a copy of the 

ophthalmologist’s or optometrist’s 


srobinson on DSK4SPTVN1PROD with NOTICES