[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45882-45883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18685]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 140

RIN 2125-AE76


Temporary Matching Fund Waiver

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; rescission of regulation.

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SUMMARY: This document rescinds the regulation that prescribes 
procedures for administering section 1054 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA) providing for a temporary 
waiver of State matching fund requirements. Since the period of this 
special provision has expired, and all money has been repaid, the 
regulation is obsolete.

DATES: This rule is effective July 26, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Max Inman, Federal-aid Financial 
Management Division, (202) 366-2583 or Mr. Steve Rochlis, Office of the 
Chief Counsel, (202) 366-1395, Federal Highway Administration, 400 
Seventh Street, SW., Room 4310, Washington, DC 20590. 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

    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 (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at http://www.access.gpo.gov/nara.

Background

    Under the provisions of section 1054 of the ISTEA, Public Law 102-
240, 105 Stat. 1914, at 2001 (23 U.S. Code. 120 note), a State could 
request an increased Federal share up to 100 percent for any qualifying 
title 23, U.S. Code, project beginning October 1, 1991, and ending 
September 30, 1993. The total amount of any such increase had to be 
repaid to the United States on or before March 30, 1994. If a State did 
not make the required repayment by March 30, 1994, the Secretary of 
Transportation could make deductions from funds apportioned to the 
States for fiscal years 1995 and 1996. Since the period of this special 
provision has expired, and all money has been repaid, it is no longer 
necessary to have this particular regulation.

Rulemaking Analyses and Notices

    This final rule makes only minor technical corrections to our 
existing regulation. The rule replaces outdated statutory language due 
to the expiration of a special provision under ISTEA granting States 
temporary matching fund waiver and requiring repayment by March 30, 
1994. Because the Congress did not enact a similar matching fund waiver 
in the Transportation Equity Act for the 21st Century (TEA-21), (Pub. 
L. 105-178, 112 Stat. 107 (1998) or any other statute, there is no need 
for the provision in the current regulations. Therefore, the FHWA finds 
good cause to rescind the rule without prior notice or opportunity for 
public comment [5 U.S.C. 553(b)]. The DOT's regulatory policies and 
procedures also authorize rescission of the rule without prior notice 
because it is anticipated that such action would not result in the 
receipt of useful information. The FHWA is making the rule effective 
upon publication in the Federal Register because it imposes no new 
burdens and merely rescinds an existing regulation that has become 
obsolete.

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

    The FHWA has considered the impact of this action and has 
determined that it is not a significant regulatory action within the 
meaning of Executive Order 12866 or a significant within the meaning of 
the Department of Transportation regulatory policies and procedures. 
Since this rulemaking action merely removes an obsolete regulation, it 
is anticipated that its economic impact is minimal; therefore, a full 
regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small 
entities. Based on the evaluation, and since this rulemaking action 
merely removes an outdated regulation, the FHWA hereby certifies that 
this action will not have a significant economic impact on a

[[Page 45883]]

substantial number of small entities. In any event, States are not 
included in the definition of ``small entity'' set forth in 5 U.S.C. 
601. Therefore, this action will not have a significant economic impact 
on a substantial number of small entities for purposes of the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This action does not impose a Federal mandate resulting in the 
expenditure by State, local, tribal governments, in the aggregate, or 
by the sector, of $100 million or more in any year. (2 U.S.C. 1531 et 
seq.)

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b) of 
Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This action does not involve an economically significant rule 
and does not concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This action will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999, and 
it has been determined that this action does not have a substantial 
direct effect or sufficient federalism implications on States that 
would limit policymaking discretion of the States. Nothing in this 
document directly preempts any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Domestic Assistance Program Number 20.205, Highway 
Planning and Construction. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation of Federal programs and 
activities apply to this program.

Paperwork Reduction Act

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

National Environmental Policy Act

    The FHWA has analyzed this action for the purposes of the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.) 
and has determined that it would not have any effect on the quality of 
the environment. Therefore, an environmental impact statement is not 
required.

Regulatory 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 number 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 Part 140

    Accounting, Grant programs--transportation, Highways and roads.

    Issued on: July 17, 2000.
Kenneth R. Wykle,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA amends title 23, Code 
of Federal Regulations, part 140, as set forth below:

PART 140--REIMBURSEMENT

    1. The authority citation for part 140 continues to read as 
follows:

    Authority: 23 U.S.C. 101(e), 106, 109(e), 114(a), 120(g), 121, 
122, 130, and 315; and 49 CFR 1.48(b).

Subpart C--[Removed and Reserved]

    2. Remove and reserve subpart C of part 140.

[FR Doc. 00-18685 Filed 7-25-00; 8:45 am]
BILLING CODE 4910-22-P