Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Notices 22837 

AMENDMENTS TO PFC APPROVALS

Amendment No. city, state Amendment 

approved date 

Original 

approved net 

PFC revenue 

Amended 

approved 

net PFC 

revenue 

Original 

estimated 

charge exp. date 

Amended 

estimated 

charge 

exp. date 

08–06–C–01–LAW Lawton, OK ....................... 03/13/12 $917,000 $1,075,784 11/01/13 11/01/13 

09–07–C–01–GRK Killeen, TX. ....................... 03/13/12 2,300,000 2,565,711 12/01/12 01/01/13 

09–08–C–01–ALO Waterloo, IA. ..................... 03/23/12 201,930 262,180 02/01/13 11/01/13 

11–10–C–01–ALO Waterloo, IA. ..................... 03/23/12 97,420 133,685 06/01/14 08/01/15 

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 

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 http:// 

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; 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
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. Sa ́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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0378] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: 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. 

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 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 

http://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 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. 

Accordingly, FMCSA has evaluated the 

twelve applications on their merits and 

made a determination to grant 

exemptions to each of them. 

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 


wreier-aviles on DSK5TPTVN1PROD with NOTICES