Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15575 

Dated: March 3, 2009. 

James B. Steinberg, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–7675 Filed 4–3–09; 8:45 am] 

BILLING CODE 4710–17–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Washington 

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 FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to the proposed I–405/NE 

195th to SR 527 Northbound Auxiliary 

Lane Project in the City of Bothell, King 

and Snohomish Counties, in the State of 

Washington. These actions grant 

licenses, permits, and approvals for the 

Project. 

DATES: By this notice, 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 any of the listed 

highway projects will be barred unless 

the claim is filed on or before October 

5, 2009. 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: Pete 

Jilek, Urban Area Engineer, Federal 

Highway Administration, 711 S. Capitol 

Way #501, Olympia, WA 98501; 

telephone: (360) 753–9550; and e-mail: 

pete.jilek@dot.gov. The FHWA 

Washington Division’s Urban Area 

Engineer’s regular office hours are 

between 7 a.m. and 4 p.m. (Pacific 

Time). You may also contact William 

Jordan, I–405 Environmental Manager, 

Washington State Department of 

Transportation, 600–108th Avenue, NE., 

Suite 405, Bellevue, WA 98004; 

telephone: (425) 456–8547; and e-mail: 

william.jordan@i405.wsdot.wa.gov. The 

I–405 Corridor Program’s regular office 

hours are between 8 a.m. and 5 p.m. 

(Pacific Time). 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that 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 Washington: I– 

405/NE 195th Street to SR 527 

Northbound Auxiliary Lane Project. The 

Project will construct a northbound 

auxiliary lane for approximately 1.8 

miles along I–405 (milepost 24.6 to 

milepost 26.4) from NE 195th Street 

north to SR 527. As part of the Project, 

WSDOT will also be constructing 

associated stormwater treatment and a 

noise wall. In addition, the Project 

includes other elements that are typical 

for urban interstate widening projects 

such as retaining walls, barriers, 

guardrails, pavement markings, roadway 

signs, intelligent transportation systems, 

and illumination systems. 

These actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the March 

2009 Environmental Classification 

Summary (ECS) and in other documents 

in the FHWA administrative record, 

which support FHWA’s determination 

that this project qualifies as a 

Documented Categorical Exclusion. The 

ECS and other documents in the FHWA 

administrative record are available by 

contacting FHWA or WSDOT at the 

addresses provided above. The FHWA 

Federal Aid number is ARRA– 

4053(859). 

This notice applies to all Federal 

agency decisions on the project 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 [42 U.S.C. 4321–4351]; 

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

109]. 

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(g)]; Fish and Wildlife Coordination 

Act [16 U.S.C. 661–667(d)]; MagnusonStevenson Fishery Conservation and 

Management Act of 1976, as amended 

[16 U.S.C. 1801 et seq.]. 

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.]; Archaeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)-11]; Archaeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; 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– 

4604]; Safe Drinking Water Act [42 

U.S.C. 300(f)–300(j)(6)]; 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– 

4128]. 

8. Hazardous Materials: 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act [42 U.S.C. 9601–9675]; Superfund 

Amendments and Reauthorization Act 

of 1986 [Pub. L. 99–499]; Resource 

Conservation and Recovery Act [42 

U.S.C. 6901–6992(k)]. 

9. 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. 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.) 

Authority: 23 U.S.C. 139(l)(1). 

Peter A. Jilek, 

Urban Area Engineer, Olympia, Washington. 

[FR Doc. E9–7610 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2003–25290] 

Commercial Driver’s License 

Standards: Application for Exemption; 

Isuzu Motors America, Inc. (Isuzu) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 


pwalker on PROD1PC71 with NOTICES
15576 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that Isuzu 

North America Corporation (Isuzu) has 

applied for an exemption from the 

Federal requirement that drivers of 

commercial motor vehicles (CMV) hold 

a commercial driver’s license (CDL) 

issued by one of the States. Isuzu 

requests exemption so that 20 of its 

Japanese employees can test-drive Isuzu 

CMVs in the United States. Each of 

these 20 Isuzu employees holds a valid 

Japanese CDL but lacks the U.S. 

residency necessary to obtain a CDL 

from one of the States. Isuzu believes 

the knowledge and skills tests and 

training program that drivers undergo to 

obtain a Japanese CDL would provide 

for a level of safety that is equivalent to, 

or greater than, the level of safety that 

would be achieved without the 

exemption. 

DATES: Comments must be received on 

or before May 6, 2009. 

ADDRESSES: You may submit comments 

to Federal Docket Management System 

Number FMCSA–2003–25290 by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Federal electronic docket site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue, SE., 20590–0001. 

• Hand Delivery: Ground Floor, Room 

W12–140, DOT Building, 1200 New 

Jersey Avenue, SE., Washington, DC, 

between 9 a.m. and 5 p.m. e.t., Monday 

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

the ground floor, room W12–140, DOT 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 

5 p.m., e.t., Monday through Friday, 

except Federal holidays. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of the our dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

www.regulations.gov. 

Public Participation: The http:// 

www.regulations.gov Web site is 

generally available 24 hours each day, 

365 days each year. You can obtain 

electronic submission and retrieval help 

and guidelines under the ‘‘help’’ section 

of the http://www.regulations.gov Web 

site and also at http:// 

docketsinfo.dot.gov. If you want us to 

notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Schultz, Jr., FMCSA Driver and 

Carrier Operations Division; Office of 

Bus and Truck Standards and 

Operations; Telephone: 202–366–4325. 

E-mail: MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (Pub. L. 

105–178, 112 Stat. 107, June 9, 1998) 

amended 49 U.S.C. 31315 and 31136(e) 

to provide authority to grant exemptions 

from motor carrier safety regulations. 

Under its regulations, FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses. The 

Agency must also provide an 

opportunity for public comment on the 

application. 

The Agency reviews the safety 

analyses and the public comments, and 

determines whether granting the 

exemption would likely provide for a 

level of safety that is equivalent to, or 

greater than, the level achieved without 

the exemption (49 CFR 381.305). The 

decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reason for 

denying the request for exemption or, in 

the alternative, the specific person or 

class of persons receiving the 

exemption, and the regulatory provision 

or provisions from which exemption is 

granted. The notice must also specify 

the effective period of the exemption 

(up to 2 years), and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

Request for Exemption 

Isuzu has applied for an exemption 

from the commercial driver’s license 

(CDL) rule, specifically 49 CFR 383.23, 

that prescribes licensing requirements 

for drivers operating CMVs in interstate 

or intrastate commerce. Isuzu requests 

the exemption because its driveremployees, as citizens and residents of 

Japan, cannot apply for a CDL in any of 

the United States. A copy of the 

application is in Docket No. FMCSA– 

2003–25290. The exemption would 

allow 20 drivers to operate CMVs in 

interstate commerce as a team, testing 

and evaluating production and 

prototype CMVs in the United States in 

order to assist in the design of safe 

vehicles for sale in the United States. 

The drivers are: Tadashi Shoda, 

Ryouji Matsuzawa, Hisashi Hashiguchi, 

Nobuhisa Okuda, Minoru Endo, 

Fumiaki Takei, Akira Yoshino, Tadao 

Shibuya, Akira Iizuka, Yoshinori Ugai, 

Kazuyoshi Tateishi, Naomi Uchida, 

Kiyoshi Toshima, Khoki Natsumi, 

Minuro Tsuchida, Mitsuo Konno, 

Hiroaki Kurata, Naoki Morimoto, 

Takayuki Kaneda, and Chito Agatsuma. 

Each driver holds a valid Japanese 

CDL, and as explained by Isuzu in 

previous exemption requests, drivers 

applying for a Japanese-issued CDL 

must undergo a driver training program 

and pass knowledge and skills tests. 

Isuzu also stated in prior exemption 

requests that the knowledge and skills 

tests and training program that Japanese 

drivers undergo to obtain a Japanese 

CDL provide for a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. FMCSA has previously 

determined that the process for 

obtaining a Japanese CDL is comparable 

to, or as effective as, the Federal CDL 

knowledge and skills requirements of 49 

CFR part 383 as enforced by the States, 

and adequately assesses the driver’s 

ability to operate CMVs in the U.S. The 

initial notice of a similar nature was 

published by FMCSA on October 16, 

2003, granting a similar exemption to 

Isuzu for 31 Japanese CDL drivers (68 

FR 59677). 

Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(4) and 31136(e), FMCSA 

requests public comment on Isuzu’s 

application for an exemption from the 

CDL requirements of 49 CFR 383.23. 

The Agency will consider all comments 

received by close of business on May 6, 

2009. Comments will be available for 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Notices 15577 

examination in the docket at the 

location listed under the ADDRESSES

section of this notice. The Agency will 

consider to the extent practicable 

comments received in the public docket 

after the closing date of the comment 

period. 

Issued on: March 27, 2009. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. E9–7564 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2008–0399] 

Qualification of Drivers; Exemption 

Applications; Diabetes 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA announces its 

decision to exempt thirty-seven 

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 

April 6, 2009. The exemptions expire on 

April 6, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, Director, Medical 

Programs, (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 

complete Privacy Act Statement in the 

Federal Register (65 FR 19477, Apr. 11, 

2000). This statement is also available at 

http://Docketinfo.dot.gov. 

Background 

On February 12, 2009, FMCSA 

published a notice of receipt of Federal 

diabetes exemption applications from 

thirty-seven individuals, and requested 

comments from the public (74 FR 7093). 

The public comment period closed on 

March 16, 2009 and no comments were 

received. 

FMCSA has evaluated the eligibility 

of the thirty-seven 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). 

Diabetes Mellitus and Driving 

Experience of the Applicants 

The Agency established the current 

standard for diabetes in 1970 because 

several risk studies indicated that 

diabetic drivers 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 2003 

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 thirty-seven applicants have 

had ITDM over a range of 1 to 47 years. 

These applicants report no 

hypoglycemic reaction that resulted in 

loss of consciousness or seizure, that 

required the assistance of another 

person, or resulted in impaired 

cognitive function without warning 

symptoms in the past 5 years (with one 

year of stability following any such 

episode). In each case, an 

endocrinologist has verified that the 

driver has demonstrated willingness to 

properly monitor and manage their 

diabetes, 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 

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

The qualifications and medical 

condition of each applicant were stated 

and discussed in detail in the February 

12, 2009, Federal Register Notice (74 FR 

7093). Therefore, they will not be 

repeated in this notice. 

Basis for Exemption Determination 

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

FMCSA may grant an exemption from 

the diabetes standard 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 

applicants’ ITDM and vision, and 

reviewed the treating endocrinologist’s 

medical opinion related to the ability of 

the driver to safely operate a CMV while 

using insulin. 

Consequently, FMCSA finds that 

exempting these applicants from the 

diabetes standard in 49 CFR 391.41(b)(3) 

is likely to achieve a level of safety 

equal to that existing without the 

exemption. 

Conditions and Requirements 

The terms and conditions of the 

exemption will be provided to the 

applicants in the exemption document 

and they include the following: (1) That 

each individual submit a quarterly 

monitoring checklist completed by the 

treating endocrinologist as well as an 

annual checklist with a comprehensive 

medical evaluation; (2) that each 

individual reports within 2 business 

days of occurrence, all episodes of 

severe hypoglycemia, significant 

complications, or inability to manage 

diabetes; also, any involvement in an 

accident or any other adverse event in 

a CMV or personal vehicle, whether or 

not they are related to an episode of 

hypoglycemia; (3) that each individual 

provide a copy of the ophthalmologist’s 

or optometrist’s report to the medical 

examiner at the time of the annual 

medical examination; and (4) that each 

individual provide a copy of the annual 


pwalker on PROD1PC71 with NOTICES