[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Proposed Rules]
[Pages 47744-47746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22702]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Chapter I

[FHWA Docket No. FHWA-99-4969]
RIN 2125-AE55


Federal Lands Highway Program; Transportation Planning Procedures 
and Management Systems Pertaining to the Forest Service and the Forest 
Highway Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM); request for 
comments.

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SUMMARY: The FHWA seeks public comment concerning the development of 
transportation planning procedures affecting Federal land management 
agencies and management systems pertaining to pavement, bridge, safety, 
and congestion for roads funded under the Federal lands highway program 
(FLHP). This ANPRM requests comments on the advisability of the FHWA, 
in consultation with the Forest Service (FS), to develop a rule to meet 
the transportation planning and management systems requirements of the 
Transportation Equity Act for the 21st Century (TEA-21) pertaining to 
the FS and the forest highway program. This ANPRM also requests 
comments on a number of specific issues concerning transportation 
planning procedures and management systems pertaining to the FS and the 
forest highway program. Section 1115(d) of the TEA-21 requires the 
Secretary of Transportation, in consultation with appropriate Federal 
land management agencies, to develop transportation planning procedures 
that are consistent with the metropolitan and statewide transportation 
planning processes required under 23 U.S.C. 134 and 135. The TEA-21 
also requires the Secretary of Transportation and the Secretary of each 
appropriate Federal land management agency to develop, to the extent 
appropriate, safety, bridge, pavement, and congestion management 
systems for roads funded under the FLHP. The roads funded under the 
FLHP include park roads and parkways, forest highways, refuge roads, 
and Indian reservation roads. The FHWA was delegated the authority by 
the Secretary to serve as the lead agency within the DOT to implement 
the FLHP.

DATES: Comments must be received on or before November 1, 1999.

ADDRESSES: Your signed, written comments must refer to the docket 
number appearing at the top of this document and you must submit the 
comments to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 
Seventh Street, SW., Washington, DC 20590-0001. All comments received 
will be available for examination at the above address between 9 a.m. 
and 5 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. Paul Schneider, Federal Lands 
Highway Office, HFPD-2, (202) 366-6799; or Ms. Grace Reidy, Office of 
the Chief Counsel, HCC-32, (202) 366-6226, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590-0001. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202)512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's web page at: 
http://www.access.gpo.gov/nara.

Background

    Section 1115(d) of TEA-21 (Pub. L. 105-178, 112 Stat 107, 156 
(1998)) amended 23 U.S.C. 204. Section 204 now requires the development 
of uniform transportation planning procedures affecting Federal land 
management agencies and management systems pertaining to roads funded 
under the FLHP. Section 1115(d)(1) of TEA-21 requires the Secretary of 
Transportation, in consultation with the Secretary of each appropriate 
Federal land management agency, to develop transportation planning 
procedures that are consistent with the metropolitan and statewide 
transportation planning processes required under 23 U.S.C. 134 and 135. 
Section 1115(d)(1) of TEA-21 also requires the Secretary of 
Transportation and the Secretary of each appropriate Federal land 
management agency, to the extent appropriate, to develop safety, 
bridge, pavement and congestion management systems for roads funded 
under the FLHP. The roads funded under the FLHP include park roads and 
parkways, forest highways, refuge roads and Indian reservation roads. 
The FHWA has the lead for the Department of Transportation in these 
efforts.
    The FHWA is contemplating developing four rules to meet the 
requirements of TEA-21. Under this approach, separate rules would be 
developed pertaining to the National Park Service and the park roads 
and parkways program; the FWS and the refuge roads program; the Bureau 
of Indian Affairs and the Indian reservations roads program; and the 
Forest Service and the forest highway

[[Page 47745]]

program. The FHWA would consider developing a ``separate rule'' 
pertaining to each agency and program area because the ownership, 
jurisdictional, and maintenance responsibilities for the roads in each 
program area are significantly different; therefore, we anticipate that 
each rule would be moderately different. The variances between the 
rules would allow for the significant differences in the ownership, 
jurisdictional, and maintenance responsibilities that the agencies 
exercise over the subject roadways to be addressed in the rules. To 
ensure uniformity between the four separate rules, however, the FHWA 
would coordinate the development of each rule, ensuring that similar 
text and format is contained in each of the rules. This ANPRM requests 
comments on the proposal for the FHWA, in consultation with the FS, to 
develop a ``separate rule'' to meet the transportation planning and 
management systems requirements of TEA-21 pertaining to the FS and the 
forest highway program. Additionally, this ANPRM requests comments on 
the alternative of developing ``one rule'' that would apply to all four 
agencies and programs. Finally, this ANPRM also requests comments on a 
number of other specific issues concerning transportation planning 
procedures and management systems pertaining to the FS and the forest 
highway program. The specific issues are listed, as follows:
     What types of institutions or efforts are needed to 
coordinate an forest's transportation planning with State, local and 
tribal governments?
     How should a forest's transportation planning and 
development be coordinated with the metropolitan and statewide planning 
processes?
     How should the transportation planning process address the 
need to minimize transportation's adverse impacts on forests and 
surrounding areas?
     How should the transportation planning procedures address 
the accommodation of various modes of transportation in forests?
     How should the management systems requirements be 
addressed?
    Forest highways are under the jurisdiction of, and maintained by, a 
public authority and open to public travel. A majority of forest 
highways are under the jurisdiction of, and maintained by, State 
departments of transportation or county or township authorities. Under 
most circumstances, the State department of transportation, the FHWA 
and the FS work together to perform transportation planning for this 
roadway network. Therefore, transportation planning procedures would be 
developed that provide guidance for performing and systematizing 
coordinated transportation planning among these agencies. Management 
systems would be developed that support the transportation planning 
efforts.
    To ensure that the full range of issues related to this anticipated 
rulemaking process are addressed and all significant issues identified, 
comments and suggestions are invited from all interested parties. 
Comments and questions concerning this proposed action should be 
directed to the FHWA at the address provided above. Likewise, in 
separate advance notices of proposed rulemaking published elsewhere in 
today's Federal Register, FHWA Docket No. FHWA-99-4967, Federal Lands 
Highway Program; Transportation Planning Procedures and Management 
Systems Pertaining to the National Park Service and the Park Roads and 
Parkways Program, FHWA Docket No. FHWA-99-4968, Federal Lands Highway 
Program; Transportation Planning Procedures and Management Systems 
Pertaining to the Bureau of Indian Affairs and the Indian Reservation 
Roads Program, FHWA Docket No. FHWA-99-4970, Federal Lands Highway 
Program; Transportation Planning Procedures and Management Systems 
Pertaining to the Fish and Wildlife Service and the Refuge Roads 
Program, the FHWA is seeking public comment on the propriety of 
developing transportation planning procedures affecting other Federal 
land management agencies and management systems pertaining to other 
roads funded under the FLHP.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination using the docket number appearing at the top of this 
document in the docket room at the above address. The FHWA will file 
comments received after the comment closing date in the docket and will 
consider late comments to the extent practicable. In addition to late 
comments, the FHWA will also continue to file, in the docket, relevant 
information becoming available after the comment closing date, and 
interested persons should continue to examine the docket for new 
material.

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

    The FHWA has determined preliminarily that the contemplated rule 
would be a significant regulatory action within the meaning of 
Executive Order 12866 and the regulatory policies and procedures of the 
Department of Transportation because of the substantial public interest 
anticipated in the transportation facilities within and approaching 
national forests. There is also substantial interest by Federal, State, 
regional, local and tribal governments, and private groups due to the 
necessary coordination with these organizations when transportation 
planning is being performed for transportation facilities within and 
approaching the national forests.
    It is anticipated that the economic impact of any action taken in 
this rulemaking process will be minimal. Any changes are not 
anticipated to adversely affect, in a material way, any sector of the 
economy. In addition, any changes are not likely to interfere with any 
action taken or planned by another agency or to materially alter the 
budgetary impact of any entitlement, grants, user fees, or loan 
programs.
    Based upon the information received in response to this action, the 
FHWA intends to carefully consider the costs and benefits associated 
with this rulemaking. Accordingly, comments, information, and data are 
solicited on the economic impact of the changes described in this 
document or any alternative proposal submitted.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), and based on the information received in response to this ANPRM, 
the FHWA will evaluate the effects of any action proposed on small 
entities. This ANPRM will only generate comments and discussions on 
transportation planning procedures and management systems pertaining to 
pavement, bridge, safety, and congestion for FLHP-funded roads in 
accordance with existing laws, regulations, and guidance. If the final 
rule contemplated in this ANPRM is promulgated, States may be affected 
by the rule due to the possibility of expending additional resources 
during the transportation planning process, although it is anticipated 
that any additional expenditures would be minor. Because the States are 
not included in the definition of ``small entity'' set forth in 5 
U.S.C. 601, we do not anticipate that any transportation planning 
procedures or management

[[Page 47746]]

systems requirements would have substantial economic impact on small 
entities within the meaning of the Regulatory Flexibility Act. We 
encourage commenters to evaluate any options addressed here with regard 
to the potential for impact, however, and to formulate their comments 
accordingly.

Unfunded Mandates Reform Act of 1995

    This ANPRM would not impose a Federal mandate resulting in the 
expenditure by State, local and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year (2 
U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform 
Act of 1995, the FHWA will evaluate any regulatory action that might be 
proposed in subsequent stages of the proceeding to assess the effects 
on State, local, and tribal governments and the private sector.

Executive Order 12612 (Federalism Assessment)

    Any action that might be proposed in subsequent stages of this 
proceeding will be analyzed in accordance with the principles and 
criteria contained in Executive Order 12612. Given the nature of the 
issues involved in this proceeding, the FHWA anticipates that any 
action contemplated will not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. Nor does the FHWA 
anticipate that any action taken would preempt any State law or State 
regulation or affect the States' ability to discharge traditional State 
governmental functions. We encourage commenters to consider these 
issues, however, as well as matters concerning any costs or burdens 
that might be imposed on the States as a result of actions considered 
here.

Executive Order 12372 (Intergovernmental Review)

    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. Accordingly, the 
FHWA solicits comment on this issue.

Paperwork Reduction Act

    Any action that might be contemplated in subsequent phases of this 
proceeding is not likely to involve a collection of information 
requirement for the purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501--3520, or information collection requirements not already 
approved for transportation planning and management systems. The FHWA, 
however, will evaluate any actions that might be considered in 
accordance with the terms of the Paperwork Reduction Act.

National Environmental Policy Act

    The agency also will analyze any action that might be proposed for 
the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321--4347) to assess whether there would be any affect 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 Chapter I

    Bridge and congestion management systems, Bridges, Defense access 
roads, Forest highways, Highways and Roads, Metropolitan transportation 
planning, Pavement, Safety, Statewide transportation planning, and 
Traffic monitoring systems.

(Authority: 23 U.S.C. 134, 135, 204, and 315; sec. 1115, Pub. L. 
105-178, 112 Stat. 107 (1998); 49 CFR 1.48.)

    Issued on: August 25, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
[FR Doc. 99-22702 Filed 8-31-99; 8:45 am]
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