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54970 Federal Register / Vol. 72, No.

187 / Thursday, September 27, 2007 / Notices

Issued On: September 18, 2007. normal business hours are 8 a.m. to 5 [16 U.S.C. 1361], Anadromous Fish
James R. Kabel, p.m. (Eastern Time). Conservation Act [16 U.S.C. 757(a)–
Chief, Management Programs and Analysis SUPPLEMENTARY INFORMATION: Notice is 757(g)], Fish and Wildlife Coordination
Division. hereby given that FHWA and other Act [16 U.S.C. 661–667(d)], Migratory
[FR Doc. E7–19127 Filed 9–26–07; 8:45 am] Federal agencies have taken final agency Bird Treaty Act [16 U.S.C. 703–712],
BILLING CODE 4910–22–P actions by issuing licenses, permits, and Magnuson-Stevenson Fishery
approvals for the following highway Conservation and Management Act of
project in the State of North Carolina: 1976, as amended [16 U.S.C. 1801, et
DEPARTMENT OF TRANSPORTATION The Western Wake Freeway, a 12.6-mile seq.].
long, 6-lane, fully access-controlled, 5. Historic and Cultural Resources:
Federal Highway Administration new location roadway that will be part Section 106 of the National Historic
Notice of Final Federal Agency Actions of Raleigh’s Outer Wake Expressway. Preservation Act of 1966, as amended
on Proposed Highway in Wake County, The project is also known as State [16 U.S.C. 470(f), et seq.]; Archeological
NC Transportation Improvement Program Resources Protection Act of 1977 [16
(STIP) Project R–2635. The project U.S.C. 470(aa)–11]; Archeological and
AGENCY: Federal Highway would run generally in a north-south Historic Preservation Act [16 U.S.C.
Administration (FHWA), DOT. direction, roughly parallel to and just 469–469(c)]; Native American Grave
ACTION: Notice of limitation on claims west of the existing NC 55. Protection and Repatriation Act
for judicial review of actions by FHWA On the south, the project begins at NC (NAGPRA) [25 U.S.C. 3001–3013].
and other Federal Agencies. 55 at Old Smithfield Road (SR 1172) 6. Social and Economic: Civil Rights
between Apex and Holly Springs; on the Act of 1964 [42 U.S.C. 2000(d)–
SUMMARY: This notice announces actions north, it ends at NC 55 near Alston
2000(d)(1)]; American Indian Religious
taken by the FHWA and other Federal Avenue north of Cary in Wake County. Freedom Act [42 U.S.C. 1996]; Farmland
agencies that are final within the The actions by the Federal agencies, and Protection Policy Act (FPPA) [7 U.S.C.
meaning of 23 U.S.C. 139(I)(1). The the laws under which such actions were 4201–4209].
actions relate to a proposed highway taken, are described in the Final
project, the Western Wake Freeway, 7. Wetlands and Water Resources:
Environmental Impact Statement (FEIS)
which begins at NC 55 at Old Smithfield for the project, approved on January 21, Land and Water Conservation Fund
Road (SR 1172) between Apex and (LWCF) [16 U.S.C. 4601–4604]; Safe
2004, in the FHWA Record of Decision
Holly Springs and ends at NC 55 near Drinking Water Act (SDWA) [42 U.S.C.
(ROD) issued on April 30, 2004
Alston Avenue north of Cary in Wake 300(f)–300(j)(6)]; Wild and Scenic
approving the Western Wake Freeway
County. The Western Wake Freeway is Rivers Act [16 U.S.C. 1271–1287);
project, and in a Reevaluation Report for
also known as State Transportation Emergency Wetlands Resources Act [16
Administrative Action issued on
Improvement Program Project R–2635. It September 7, 2007 (‘‘Reevaluation U.S.C. 3921, 3931]; TEA–21 Wetlands
is part of the Outer Wake Expressway, Mitigation [23 U.S.C. 103(b)(6)(m),
Report’’), determining that a
a circumferential freeway around 133(b)(11)]; Flood Disaster Protection
supplemental environmental impact
Raleigh, North Carolina. Those actions Act [42 U.S.C. 4001–4128].
statement is not required, and in other
grant licenses, permits, and approvals documents in the FHWA administrative 8. Hazardous Materials:
for the project. record. The FEIS, ROD, Reevaluation Comprehensive Environmental
DATES: By this notice, the FHWA is Report and other documents in the Response, Compensation, and Liability
advising the public of final agency FHWA administrative record file are Act (CERCLA) [42 U.S.C. 9601–9675];
actions subject to 23 U.S.C. 139(I)(1). A available by contacting the FHWA or Superfund Amendments and
claim seeking judicial review of the NCTA at the addresses provided above. Reauthorization Act of 1986 (SARA);
Federal agency actions on the highway The FHWA FEIS, ROD, and Resource Conservation and Recovery
project will be barred unless the claim Reevaluation Report can be viewed at Act (RCRA) [42 U.S.C. 6901–6992(k)].
is filed on or before March 25, 2008. If the offices of the North Carolina 9. Executive Orders: E.O. 11990
the Federal law that authorizes judicial Turnpike Authority, 5400 Glenwood Protection of Wetlands; E.O. 11988
review of a claim provides a time period Avenue, Suite 400, Raleigh, North Floodplain Management; E.O. 12898,
of less than 180 days for filing such Carolina, 27612. Federal Actions to Address
claim, then that shorter time period still This notice applies to all Federal Environmental Justice in Minority
applies. agency actions and decisions as of the Populations and Low Income
FOR FURTHER INFORMATION CONTACT: Mr. issuance date of this notice and all laws Populations; E.O. 11593 Protection and
George Hoops, P.E., Major Projects under which such actions were taken, Enhancement of Cultural Resources;
Engineer, Federal Highway including but not limited to: E.O. 13007 Indian Sacred Sites; E.O.
Administration, 310 New Bern Avenue, 1. General: National Environmental 13287 Preserve America; E.O. 13175
Suite 410, Raleigh, North Carolina, Policy Act (NEPA) [42 U.S.C. 4321– Consultation and Coordination with
27601–1418, Telephone: (919) 856–4350 4351]; Federal-Aid Highway Act [23 Indian Tribal Governments; E.O. 11514
extension 104; e-mail: U.S.C. 109]. Protection and Enhancement of
george.hoops@fhwa.dot.gov. FHWA 2. Air: Clean Air Act [42 U.S.C. 7401– Environmental Quality; E.O.13112
North Carolina Division Office’s normal 7671(q)]. Invasive Species.
business hours are 8 a.m. to 5 p.m. 3. Land: Section 4(f) of the (Catalog of Federal Domestic Assistance
(Eastern Time). Ms. Jennifer Harris, P.E., Department of Transportation Act of Program Number 20.205, Highway Research,
Staff Engineer, North Carolina Turnpike 1966 [49 U.S.C. 303]; Landscaping and Planning and Construction. The regulations
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Authority (NCTA), 5400 Glenwood Scenic Enhancement (Wildflowers) [23 implementing Executive Order 12372
Avenue, Suite 400, Raleigh, North U.S.C. 319]. regarding intergovernmental consultation on
Carolina, 27612, Telephone: (919) 571– 4. Wildlife: Endangered Species Act Federal programs and activities apply to this
3004; e-mail: [16 U.S.C. 1531–1544 and Section program.)
jennifer.harris@ncturnpike.org. NCTA’s 1536], Marine Mammal Protection Act Authority: 23 U.S.C. 139(I)(1).

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Federal Register / Vol. 72, No. 187 / Thursday, September 27, 2007 / Notices 54971

Issued on: September 20, 2007. Each submission must include the 25 applications for renewal on their
George Hoops, Agency name and docket numbers for merits and decided to extend each
Major Projects Engineer, Raleigh, North this Notice. Note that DOT posts all exemption for a renewable two-year
Carolina. comments received without change to period. They are
[FR Doc. E7–19098 Filed 9–26–07; 8:45 am] http://dms.dot.gov, including any Calvin D. Atwood
BILLING CODE 4910–RY–P personal information included. Please Gregory W. Babington
see the Privacy Act heading below. William P. Doolittle
Docket: For access to the docket to Jonathan M. Gentry
DEPARTMENT OF TRANSPORTATION read background documents or John N. Guilford
comments, go to http://dms.dot.gov at Benny D. Hatton, Jr.
Federal Motor Carrier Safety any time or Room W12–140 on the Robert W. Healey, Jr.
Administration ground level of the West Building, 1200 Nathaniel H. Herbert, Jr.
[Docket No. FMCSA–01–9561, FMCSA–03– New Jersey Avenue, SE., Washington, Thomas D. Lambert
15268, FMCSA–05–21711] DC, between 9 a.m. and 5 p.m., Monday Thomas W. Markham
through Friday, except Federal holidays. Raul Martinez
Qualification of Drivers; Exemption The DMS is available 24 hours each day, Joseph L. Mast
Applications; Vision 365 days each year. If you want David McKinney
acknowledgment that we received your Kevin L. Moody
AGENCY: Federal Motor Carrier Safety comments, please include a self- Charles W. Mullenix
Administration (FMCSA), DOT. addressed, stamped envelope or Gary S. Partridge
ACTION: Notice of renewal of postcard or print the acknowledgment Nathan D. Peterson
exemptions; request for comments. page that appears after submitting John N. Poland
comments on-line. Brent L. Seaux
SUMMARY: FMCSA announces its
Privacy Act: Anyone may search the Steven R. Smith
decision to renew the exemptions from electronic form of all comments James T. Smith
the vision requirement in the Federal received into any of our dockets by the Edd J. Stabler, Jr.
Motor Carrier Safety Regulations for 25 name of the individual submitting the Gary M. Wolff
individuals. FMCSA has statutory comment (or of the person signing the John C. Young
authority to exempt individuals from comment, if submitted on behalf of an George R. Zenor
the vision requirement if the association, business, labor union, etc.).
exemptions granted will not These exemptions are extended
You may review the Department of subject to the following conditions: (1)
compromise safety. The Agency has Transportation’s complete Privacy Act
concluded that granting these That each individual have a physical
Statement in the Federal Register examination every year (a) by an
exemption renewals will provide a level published on April 11, 2000 (65 FR
of safety that is equivalent to, or greater ophthalmologist or optometrist who
19477; Apr. 11, 2000). This information attests that the vision in the better eye
than, the level of safety maintained is also available at http://dms.dot.gov.
without the exemptions for these continues to meet the standard in 49
FOR FURTHER INFORMATION CONTACT: Dr. CFR 391.41(b)(10), and (b) by a medical
commercial motor vehicle (CMV)
drivers. Mary D. Gunnels, Chief, Physical examiner who attests that the individual
Qualifications Division, (202)–366– is otherwise physically qualified under
DATES: This decision is effective October 4001, fmcsamedical@dot.gov, FMCSA, 49 CFR 391.41; (2) that each individual
24, 2007. Comments must be received Department of Transportation, 1200 provide a copy of the ophthalmologist’s
on or before October 29, 2007. New Jersey Avenue, SE., Room W64– or optometrist’s report to the medical
ADDRESSES: You may submit comments 224, Washington, DC 20590–0001. examiner at the time of the annual
bearing the Department of Office hours are from 8:30 a.m. to 5 p.m. medical examination; and (3) that each
Transportation (DOT) Docket Monday through Friday, except Federal individual provide a copy of the annual
Management System (DMS) Docket holidays. medical certification to the employer for
Numbers FMCSA–01–9561, FMCSA– SUPPLEMENTARY INFORMATION: retention in the driver’s qualification
03–15268, FMCSA–05–21711, using any file and retain a copy of the certification
of the following methods. Background on his/her person while driving for
• DOT Web site: http://dmses.dot.gov. Under 49 U.S.C. 31136(e) and 31315, presentation to a duly authorized
Follow the on-line instructions for FMCSA may renew an exemption from Federal, State, or local enforcement
submitting comments. the vision requirements in 49 CFR official. Each exemption will be valid
• Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers for two years unless rescinded earlier by
• Mail: Docket Management Facility; of CMVs in interstate commerce, for a FMCSA. The exemption will be
U.S. Department of Transportation, 1200 two-year period if it finds ‘‘such rescinded if: (1) The person fails to
New Jersey Avenue, SE., West Building, exemption would likely achieve a level comply with the terms and conditions
Ground Floor, Room W12–140, of safety that is equivalent to, or greater of the exemption; (2) the exemption has
Washington, DC 20590–0001. than, the level that would be achieved resulted in a lower level of safety than
• Hand Delivery: Room W12–140 on absent such exemption.’’ The was maintained before it was granted; or
the ground level of the West Building, procedures for requesting an exemption (3) continuation of the exemption would
1200 New Jersey Avenue, SE., (including renewals) are set out in 49 not be consistent with the goals and
Washington, DC, between 9 a.m. and 5 CFR part 381. objectives of 49 U.S.C. 31136(e) and
p.m., Monday through Friday, except 31315.
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Federal holidays. Exemption Decision


• Federal eRulemaking Portal: Go to This notice addresses 25 individuals Basis for Renewing Exemptions
http://www.regulations.gov. Follow the who have requested a renewal of their Under 49 U.S.C. 31315(b)(1), an
online instructions for submitting exemption in accordance with FMCSA exemption may be granted for no longer
comments. procedures. FMCSA has evaluated these than two years from its approval date

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