39098 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 

4(f) of the DOT Act, and the Proposed 

Action includes all possible planning to 

minimize harm to resources protected 

under Section 4(f) of the DOT Act (49 

U.S.C. 303(c) and Section 106, National 

Historic Preservation Act); 

• Relocation assistance, if any, will be 

provided in accordance with 42 U.S.C. 

460, Uniform Relocation Assistance and 

Real Property Acquisition Policies Act 

of 1970; 

• Further mitigation measures or 

alternatives that would avoid or reduce 

the disproportionately high and adverse 

effects to minority environmental justice 

populations are not practicable (DOT 

Order 5610.2B and E.O. 12989); 

• The Proposed Action would 

conform to all applicable state and/or 

local floodplain protection standards 

(E.O. 11988); 

• The Proposed Action complies with 

the enforceable policies of New York 

State’s approved coastal management 

program and will be conducted in a 

manner consistent with such program; 

• The Proposed Action conforms to 

the Avoidance, Minimization and/or 

Compensation of Harm to Wetlands in 

Accordance with E.O. 11990 and the 

Clean Water Act; 

• The Proposed Action includes all 

practicable means to avoid or minimize 

harm from the alternative selected (40 

CFR 1505.2(a)(3)); and 

• The FAA has given this proposal 

the independent and objective 

evaluation required by the CEQ (40 CFR 

1506.5). 

The determinations included in the 

ROD are: 

• The Proposed Action is reasonably 

consistent with existing plans of public 

agencies for development of areas 

surrounding the airport (49 U.S.C. 

47106(a)(1)), and E.O. 12372; 

• Appropriate action, including the 

adoption of zoning laws, has been or 

will be taken as reasonable to restrict 

the land use next to or near the airport 

to uses that are compatible with airport 

operations (49 U.S.C. 47107(a)(10)); and 

• The interest of the communities in 

or near where the Proposed Action may 

be located were given fair consideration 

(49 U.S.C. 47106(b)(2)). 

This ROD also presents the decision 

of the NPS, as cooperating agency in the 

Final EIS, to approve a partial 

conversion of 0.5 acres of parklands 

subject to the Land and Water 

Conservation Fund (LWCF) Act in 

Flushing Meadows-Corona Park, as well 

as to approve a Temporary NonConforming Use (TNCU) of 1.2 acres of 

parkland subject to the LWCF Act. 

A copy of the ROD is available for 

public review at FAA’s website: https:// 

www.faa.gov/airports/environmental/ 

records_decision; and the LGA Access 

Improvement Project EIS website: 

http://www.LGAaccessEIS.com. 

Issued in Jamaica, New York, July 20, 2021. 

Patricia Henn, 

Manager, Planning and Programming Branch, 

Airports Division, Eastern Region. 

[FR Doc. 2021–15704 Filed 7–22–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

of Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans). 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans that 

are final within the meaning of the 

regulation. The actions relate to a 

proposed highway project on State 

Route 198 from post mile R11.3/R12.0 

and on State Route 216 from post mile 

R0.0/R2.56 in Tulare County for the 

Lovers Lane Operational Improvements 

and Rehabilitation Project. 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 December 20, 2021. If the Federal 

law that authorizes judicial review of a 

claim provides a time period of less 

than 150 days for filing such claim, then 

that shorter time period still applies. 

FOR FURTHER INFORMATION CONTACT: For 

Caltrans: Richard Putler, Senior 

Environmental Planner, Caltrans, 2015 

East Shields Avenue, Suite 200, Fresno, 

CA 93721; phone number 559–304– 

6599, richard.putler@dot.ca.gov. For 

FHWA, contact David Tedrick at (916) 

498–5024 or email david.tedrick@

dot.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, FHWA assigned, and 

Caltrans assumed, environmental 

responsibilities for this project pursuant 

to 23 U.S.C. 327. Notice is hereby given 

that the 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: Caltrans proposes 

making operational improvements at the 

Lovers Lane Undercrossing (Tulare-198- 

Post Mile 11.7, Bridge Number 46–216) 

and restoring the existing facility to a 

state of good repair. The project covers 

a 0.7-mile segment of State Route 198 

from 0.3 mile west of the Lovers Lane 

Undercrossing to 0.5 mile east of it. The 

operational improvements consist of 

widening Lovers Lane below the 

undercrossing and improving the 

following four intersections: Lovers 

Lane (State Route 216) at Mineral King 

Avenue, Lovers Lane at State Route 198 

on the eastbound on-ramps and offramps, Lovers Lane at Noble Avenue, 

and State Route 198 on the westbound 

on-ramps and off-ramps at Mineral King 

Avenue. The project also proposes to 

extend the life of the existing pavement 

along State Route 216 by rehabilitating 

the existing pavement and including all 

pertinent standards as required by the 

3R Program (resurfacing, restoration, 

and rehabilitation). 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the Final 

Environmental Assessment (EA) for the 

project, approved on June 23th 2021, in 

the Finding of No Significant Impact 

(FONSI) issued on June 23th 2021, and 

in other documents in the FHWA 

project records. The EA, FONSI, and 

other project records are available by 

contacting Caltrans at the addresses 

provided above. The Caltrans EA and 

FONSI can be obtained by contacting 

Caltrans: Richard Putler, Senior 

Environmental Planner, Caltrans, 2015 

East Shields Avenue, Suite 200, Fresno, 

CA 93721; phone number 559–304– 

6599, richard.putler@dot.ca.gov, or 

viewed at public libraries in the project 

area. 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 (40 CFR 1500 et seq.; 23 CFR 

771); 

2. National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321–4351 et seq.); 

3. Moving Ahead for Progress in the 

21st Century Act (Map-21, Pub. L. 112– 

141); 

4. Noise Control Act of 1979 (42 

U.S.C. 4901 et seq.); 

3. Clean Air Act of 1963, as amended 

(42 U.S.C. 7401 et seq.); 

4. Farmland Protection Policy Act (7 

U.S. Code 4201–4209); 

5. Department of Transportation Act 

of 1966, Section 4(f) (49 U.S.C. 303); 

6. Migratory Bird Treaty Act (16 

U.S.C. 703–712); 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Notices 39099 

1The report is available on the internet at https:// 

rosap.ntl.bts.gov/view/dot/16462. 

2These criteria may be found in 49 CFR part 391, 

APPENDIX A TO PART 391—MEDICAL 

ADVISORY CRITERIA, section D. Cardiovascular: 

§ 391.41(b)(4), paragraph 4, which is available on 

the internet at https://www.gpo.gov/fdsys/pkg/CFR2015-title49-vol5/pdf/CFR-2015-title49-vol5- 

part391-appA.pdf. 

7. National Historic Preservation Act 

of 1966, as amended (54 U.S.C. 306108 

et seq.); 

8. Federal Highway Act of 1970 (23 

U.S.C. 109); 

9. FHWA Noise Standards, Policies, 

and Procedures (23 CFR 772); 

10. Endangered Species Act of 1973 

(16 U.S.C. 1531–1543); 

(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: July 19, 2021. 

Rodney Whitfield, 

Director, Financial Services, Federal Highway 

Administration, California Division. 

[FR Doc. 2021–15705 Filed 7–22–21; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2021–0036] 

Qualification of Drivers; Exemption 

Applications; Implantable Cardioverter 

Defibrillator (ICD) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of denial. 

SUMMARY: FMCSA announces its 

decision to deny the application from 

one individual treated with an 

Implantable Cardioverter Defibrillator 

(ICD) who requested an exemption from 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) prohibiting 

operation of a commercial motor vehicle 

(CMV) in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope (transient loss 

of consciousness), dyspnea (shortness of 

breath), collapse, or congestive heart 

failure. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 

p.m., ET, Monday through Friday, 

except Federal holidays. If you have 

questions regarding viewing materials in 

the docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2021–0036, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ If you 

do not have access to the internet, you 

may view the docket online by visiting 

Dockets Operations in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

On February 9, 2021, FMCSA 

published a Federal Register notice (86 

FR 8830) announcing receipt of an 

application from one individual treated 

with an ICD and requested comments 

from the public. The individual 

requested an exemption from 49 CFR 

391.41(b)(4) which prohibits operation 

of a CMV in interstate commerce by 

persons with a current clinical diagnosis 

of myocardial infarction, angina 

pectoris, coronary insufficiency, 

thrombosis, or any other cardiovascular 

disease of a variety known to be 

accompanied by syncope, dyspnea, 

collapse, or congestive heart failure. The 

public comment period closed on March 

11, 2021, and one comment was 

received. 

FMCSA has evaluated the eligibility 

of the applicant and concluded that 

granting an exemption would not 

provide a level of safety that would be 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with § 391.41(b)(4). A 

summary of the applicant’s medical 

history related to the ICD exemption 

request was discussed in the February 9, 

2021, Federal Register notice and will 

not be repeated here. 

The Agency’s decision regarding this 

exemption application is based on 

information from the Cardiovascular 

Medical Advisory Criteria, an April 

2007 evidence report titled 

‘‘Cardiovascular Disease and 

Commercial Motor Vehicle Driver 

Safety,’’ 1 and a December 2014 focused 

research report titled ‘‘Implantable 

Cardioverter Defibrillators and the 

Impact of a Shock in a Patient When 

Deployed.’’ Copies of these reports are 

included in the docket. 

FMCSA has published advisory 

criteria to assist medical examiners in 

determining whether drivers with 

certain medical conditions are qualified 

to operate a CMV in interstate 

commerce.2 The advisory criteria for 

§ 391.41(b)(4) indicates that coronary 

artery bypass surgery and pacemaker 

implantation are remedial procedures 

and thus, not medically disqualifying. 

ICDs are disqualifying due to risk of 

syncope. 

III. Discussion of Comments 

FMCSA received one comment in this 

proceeding. The comment was from a 

private citizen who did not support 

granting the exemption. The individual 

disagreed that granting an exemption for 

an ICD would ensure the safety of the 

driver and local pedestrians. 

FMCSA evaluates each ICD 

application received to determine 

whether an equivalent or greater level of 

safety can be achieved by the applicant. 

While FMCSA has received and 

carefully evaluated many ICD 

exemption application requests, thus far 

the Agency has been unable to conclude 

that granting an exemption to any of the 

applicants would achieve a level of 

safety equivalent to, or greater than, the 

level of safety maintained without an 

exemption. 

Basis for Exemption Determination 

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

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-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 Agency’s decision regarding this 

exemption application is based on an 


khammond on DSKJM1Z7X2PROD with NOTICES