[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18245-18247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10207]



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[[Page 18246]]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Parts 710, 712, 720, and 740

[FHWA Docket No. 95-18]
RIN 2125-AC17


Right-of-Way Program Administration; Removal of Obsolete and 
Redundant Regulations

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This document removes regulations concerning right-of-way 
program administration which are obsolete and/or redundant. This action 
is in response to the President's Regulatory Reinvention Initiative. 
The removed regulatory provisions are duplicated or addressed elsewhere 
in FHWA/DOT regulations or are unnecessary for current programs.

DATES: This interim rule is effective May 28, 1996. Comments are due on 
or before June 24, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 95-18, 
Federal Highway Administration, Room 4232, HCC-10, Office of the Chief 
Counsel, 400 Seventh Street, SW., Washington, D.C. 20590. All comments 
received will be available for examination at the above address between 
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Johnson, Office of Real Estate Services, (202) 366-2020, 
or Mr. Reid Alsop, Attorney, Office of Chief Counsel, HCC-31, (202) 
366-1371. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On November 6, 1995, the FHWA published in 
the Federal Register (60 FR 56004) an advance notice of proposed 
rulemaking (ANPRM) requesting comment on the content of 23 CFR parts 
710 through 740. Twenty comments were received from individuals (2), 
private groups or organizations (2), and State transportation agencies 
(16).
    Based on the responses to the ANPRM and other factors, the FHWA 
concludes that a comprehensive revision of the Right-of-Way related 
regulations is required. While such a revision is appropriate, several 
other regulatory revisions are currently underway that will, either 
directly or indirectly, affect right-of-way considerations. The FHWA 
will coordinate development of a notice of proposed rulemaking (NPRM) 
governing right-of-way/real estate programs with other related 
regulations now under review governing new administrative procedures 
and environmental issues to ensure that maximum consistency with 
current practice is achieved.
    In the interim, the FHWA has identified numerous provisions that 
are no longer needed and should be removed from the regulations. Four 
whole parts or subparts identified during the review of the regulations 
as no longer needed are removed by this rule. These four include:
    (1) 23 CFR part 710, subpart D--Civil Rights. This subpart of the 
regulations contains provisions relating civil rights under Title VI of 
the Civil Rights Act of 1964 to the right-of-way acquisition function. 
This subpart was published in 1974 and was based on provisions 
contained in 49 CFR part 21 issued in 1970. Since the original 
issuance, subchapter C--Civil Rights was added to 23 CFR. Subchapter C 
provides guidance and policy for implementing Title VI program 
requirements throughout FHWA and addresses State highway agency 
responsibilities in this regard. The provisions in 49 CFR part 21 and 
23 CFR subchapter C contain the more current provisions relating to 
Civil Rights matters and are the sections of the regulations used to 
assess compliance. The older provisions in 23 CFR part 710, subpart D, 
while still relevant as guidance, are no longer needed, having been 
replaced by the more comprehensive provisions in 23 CFR subchapter C.
    (2) 23 CFR part 712, subpart H--Land Service Facilities. This 
subpart contains policy guidance on Federal participation associated 
with land service facilities designed for access to properties affected 
by a highway improvement. The full control of access features 
associated with the Interstate system, along with the cost-to-complete 
funding basis for that system, necessitated regulations to assure that 
land service facilities (construction items) incorporated in project 
design were either clearly beneficial to the public or economically 
justified if beneficial solely to an individual property owner. The 
policy had existed as guidelines prior to adoption as a regulation in 
1977, and has since been adopted within most State highway agencies 
design development processes. The FHWA recognizes that most States now 
have policies meeting the basic intent of this subpart. Current funding 
programs are no longer based on cost-to-complete but are limited to 
fixed allocations. Our program emphasis is not directed at new limited 
access facilities. Therefore, no current interest is served by 
retaining this subpart.
    (3) 23 CFR part 720--Appraisal. The content in this part covers 
employment and contracting provisions for acquiring agencies using fee 
appraiser and specialist services. The current content in this part is 
the residual portion of regulations originally issued in 1973 that 
covered appraisal documentation and contracting standards. The 
appraisal documentation standards were incorporated into 49 CFR part 24 
in 1989 as part of the effort to develop a single government-wide rule 
implementing the Uniform Act (Pub. L. 91-646). The employment and 
contracting provisions contained in this part, while still considered 
good practice, are no longer needed to address our current programs. 
States have developed their own set of procedures on how to handle 
contracting for services under government-wide rules issued by OMB as 
implemented within DOT by 49 CFR part 18.
    (4) 23 CFR part 740--Relocation Assistance. This part of the 
regulations is a residual of a larger set originally issued in 1976 
governing the implementation of the relocation program under the 
Uniform Act. The main portion of the regulations related to this topic 
was incorporated in 49 CFR part 24 in 1989. What was retained at that 
time was participation, organization and contracting requirements. The 
contracting provisions found in this part are no longer appropriate as 
they either duplicate similar provisions found elsewhere in 23 CFR or 
can be addressed through implementation of the government-wide rules on 
contracting for services covered by 49 CFR part 18. The participation 
and organizational sections in this part are also either covered 
elsewhere in 23 CFR or no longer relate to current programs.
    The removal of the above parts and subparts is not considered a 
major or significant change in the basic programs of FHWA and should 
not be considered as a relaxation of preexisting standards, or an 
expansion of Federal participation limits that pertained to the 
subjects contained therein. The removal is solely to reduce redundancy 
and eliminate prescriptive portions of existing regulations that have 
been adopted as standardized procedures over time by State highway 
agencies.

[[Page 18247]]

Rulemaking Analyses and Notices

    The FHWA is waiving prior notice and opportunity for public comment 
on this rule because it is considered unnecessary within the meaning of 
section 4(b)(3)(B) of the Administrative Procedures Act, 5 USC 
553(b)(3)(B). Removal of the identified sections is unlikely to 
engender public comment. The FHWA believes that the promulgation of 
this interim rule will eliminate obsolete provisions in the CFR 
enhancing the ease with which these regulations can be understood by 
the public. Nevertheless, the FHWA is opening a public docket for this 
rule and providing 60 days for receipt of public comment. The FHWA will 
consider all comments received during this 60 day period in determining 
whether any revision is necessary to the rule published today.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. Since this Interim Final Rule 
reduces obsolete regulatory language it will not have an adverse annual 
effect on the economy, interfere with the work of another agency, 
materially alter the budget impact of grantees, or raise novel legal or 
policy issues inconsistent with the principles set forth in this 
Executive Order. It is anticipated that the economic impact of this 
rulemaking will be minimal; therefore, a full regulatory evaluation is 
not required.

Regulatory Flexibility Act

    This rule eliminates obsolete regulatory language used in the 
administration of right-of-way programs, and in so doing does not add 
to the burdens imposed on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance 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.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Parts 710, 712, 720, and 740

    Grant programs--transportation, Highways and roads, Real property 
acquisition, Relocation assistance, Rights-of-way.

    For the reasons set out in the preamble, and under the authority of 
23 U.S.C. 315 and 49 CFR 1.48, title 23, Code of Federal Regulations, 
is amended as set forth below.

    Issued on: April 18, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA amends chapter I of 
title 23, Code of Federal Regulations, as follows:

PART 710--RIGHT-OF-WAY--GENERAL

    1. The authority citation for part 710 continues to read as 
follows:

    Authority: 23 U.S.C. 101(a) and 315; 42 U.S.C. 2000d et seq., 
4633, 4651-4655; 49 CFR 1.48 (b) and (cc) and parts 21 and 24; 23 
CFR 1.32.


Secs. 710.401 through 710.405 (Subpart D)--Civil Rights  [Removed]

    2. In part 710, subpart D, consisting of Secs. 710.401 through 
710.405, is removed.

PART 712--THE ACQUISITION FUNCTION

    3. The authority citation for part 712 continues to read as 
follows:

    Authority: 23 U.S.C. 101(a), 107, 108, 111, 114, 204, 210, 308, 
315, 317, and 323; 42 U.S.C. 2000d-1, 4633, 4651-4655; 49 CFR 1.48 
(b) and (cc) and part 24; 23 CFR 1.32.


Secs. 712.801, 712.803, and 712.805 (Subpart H)--Land Service 
Facilities  [Removed]

    4. In part 712, subpart H, consisting of Secs. 712.801, 712.803, 
and 712.805 is removed.

PART 720--APPRAISAL [REMOVED]

    5. Part 720 of chapter I is removed.

PART 740--RELOCATION ASSISTANCE [REMOVED]

    6. Part 740 of chapter I is removed.
[FR Doc. 96-10207 Filed 4-24-96; 8:45 am]
BILLING CODE 4910-22-P