[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Rules and Regulations]
[Pages 19854-19856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9538]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 940

[FHWA Docket No. FHWA-99-5899]
RIN 2125-AE65


Intelligent Transportation System Architecture and Standards

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical corrections.

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SUMMARY: The purpose of this document is to issue a final rule to make 
necessary technical corrections concerning Intelligent Transportation 
Systems (ITS) Architecture and Standards. These corrections are 
necessary because the effective date of the regulation was extended 60 
days without any changes to two dates cited in the regulation that are 
intended to be based on the effective date of the regulation. This rule 
amends those dates to comply with the new effective date of the ITS 
Architecture and Standards rule.

EFFECTIVE DATE: April 18, 2001.

FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Bob 
Rupert, (202) 366-2194, Office of Travel Management (HOTM-1) and Mr. 
Michael Freitas, (202) 366-9292, ITS Joint Program Office (HOIT-1). For 
legal information: Mr. Wilbert Baccus, Office of the Chief Counsel 
(HCC-32), (202) 366-1346, Federal Highway Administration, 400 Seventh 
Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    An electronic copy of this document may be downloaded by using a 
computer, modem, and suitable communications software from the

[[Page 19855]]

Government Printing Office's Electronic Bulletin Board Service at (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 web site at: http://www.access.gpo.gov/nara.

Background

    On January 8, 2001, at 66 FR 1446, the FHWA published a final 
regulation regarding 23 CFR Parts 655 and 940, Intelligent 
Transportation Systems Architecture and Standards. The effective date 
of that regulation was February 7, 2001. The FHWA published a 
supplemental regulation extending the effective date of that regulation 
to April 8, 2001, at 66 FR 9198 on February 7, 2001.
    The original regulation contained two dates upon which some 
requirement of this regulation was based; specifically, in Secs. 940.9 
and 940.11. Those dates were originally based on the effective date of 
the regulation as published on January 8, 2001. The date specified in 
Sec. 940.9(b) was intended to be four years from the effective date of 
the regulation. The date specified in Sec. 940.11(g) was intended to be 
the effective date of the regulation. When the effective date of the 
regulation was changed by supplemental rulemaking to April 8, 2001, 
those two dates cited in the regulation were not adjusted accordingly. 
Therefore, the purpose of this rulemaking is to correct those two dates 
to reflect the intent of the original rulemaking.
    The FHWA's implementation of this rule without opportunity for 
public comment, effective immediately upon publication today in the 
Federal Register, is based on the good cause exceptions in 5 U.S.C. 
sections 553(b)(3)(B) and 553(d)(3). Seeking public comment is 
impractical, unnecessary, and contrary to public interest. The 60 day 
delay in the effective date from February 7, 2001 to April 8, 2001, was 
necessary to give Department officials the opportunity for further 
review and consideration of the new regulations, consistent with the 
Assistant to the President's memorandum of January 20, 2001. Given the 
imminence of the effective date, seeking public comment on the changes 
of these two dates would have been impractical, as well as contrary to 
the public interest in the orderly promulgation and implementation of 
regulations. These dates were originally based on the effective date of 
the regulation as published on January 8, 2001. The dates must be 
changed to comply with the new effective date as published on February 
7, 2001. The imminence of the effective date and the impact that date 
has on projects that have reached their final design by that date are 
also good causes for making this action effective immediately upon 
publication.

Summary of Requirements

    This final rule changes two dates in Part 940, Intelligent 
Transportation Systems Architecture and Standards. The date on which 
regions that are implementing ITS must develop a regional architecture 
will be changed from February 7, 2005, to April 8, 2005. The date by 
which projects that have reached final design are exempt from the 
project implementation requirements of Sec. 940.9 will be changed from 
February 7, 2001, to April 8, 2001.

Rulemaking Analyses and Notices

    The FHWA's issuance of this rule without prior notice and 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. sections 553(b)(3)(B) and 553(d)(3). Seeking public comment is 
impracticable and unnecessary. On February 7, the FHWA delayed the 
effective date of its final rule until April 8. Given the imminence of 
the new effective date, seeking public comment on the changes of the 
two implementation dates contained in the rule is impractical, as well 
as contrary to the orderly promulgation and implementation of 
regulations.
    Because these two implementation dates were based on the original 
effective date of the regulation as published on January 8, 2001, these 
two implementation dates now should be changed to comply with the new 
effective date as published on February 7, 2001. Without this change, 
the final rule would be effective on April 8, and would have a 
retroactive impact on some projects based on the previous effective 
date of February 7.
    Moreover, the FHWA believes that further opportunity for public 
comment on these two implementation dates is unnecessary, because in 
its NPRM the FHWA had proposed that these two implementation dates be 
calculated from the effective date of the final rule. Today's action 
merely conforms the final rule to the new effective date announced on 
February 7. In the NPRM, the FHWA proposed the requirement that any 
region currently implementing ITS projects shall develop a regional 
architecture within 2 years of the effective date of the final rule. 
Commenters recommended extending this time to 4 years. The effect of 
today's action is to make clear that, at the time the final rule goes 
into effect on April 8, any region that is currently implementing ITS 
projects shall develop a regional architecture within 4 years. 
Furthermore, any ITS project that has advanced to final design by April 
8 (rather than February 7) is exempt from the requirement that all ITS 
projects conform to the regional ITS architecture.
    For these same reasons discussed above, the FHWA believes good 
cause exists for making this action effective immediately upon 
publication.

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 the Department of Transportation's 
regulatory policies and procedures. The economic impact, if any, 
anticipated as a result of this action is so minimal, 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 and has determined that this action will not have a 
significant economic impact on a substantial number of small entities. 
This action is merely to correct dates in the rule to comply with the 
delay in the effective date. For this reason, the FHWA certifies that 
this action will not have a significant impact on a substantial number 
of small entities.

Unfunded Mandates Reform Act of 1995

    This action does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4, March 22, 1995, 
109 Stat. 48). This rule will not result in an expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any one year.

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 
the FHWA has determined that this action does not have sufficient 
federalism implications to warrant the preparation of a federalism 
assessment. The FHWA has also determined that this action does not 
preempt any State law or State regulation or affect the State's ability 
to discharge traditional State governmental functions.

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Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, 
dated November 6, 2000, and believes that this technical correction 
will not have substantial direct effects on one or more Indian tribes; 
will not impose substantial direct compliance costs on Indian tribal 
governments; and will not preempt tribal law. Therefore, a tribal 
impact statement is not required.

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.

Paperwork Reduction Act of 1995

    This action does not contain information collection requirements 
for the purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501-3520.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
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 rule is not 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 rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Government 
Actions and Interference with Constitutionally Protected Property 
Rights.

National Environmental Policy Act

    The agency has analyzed this action for the purposes of the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-
4347), and has determined that this action will 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 Part 940

    Design standards, Grant programs--transportation, Highways and 
roads, Intelligent transportation systems.

    Issued on: April 11, 2001.
Vincent F. Schimmoller,
Deputy Executive Director.

    In consideration of the foregoing, the FHWA amends 23 CFR Part 940 
as set forth below:

PART 940--INTELLIGENT TRANSPORTATION SYSTEM ARCHITECTURE AND 
STANDARDS

    1. The authority for 23 CFR part 940 continues to read as follows:

    Authority: 23 U.S.C. 101, 106, 109, 133, 315, and 508; sec. 
5206(e), Pub. L. 105-178, 112 Stat. 457 (23 U.S.C. 502 note); and 49 
CFR 1.48.


Sec. 940.9  [Amended]

    2. In Sec. 940.9, correct the date ``February 7, 2005'' in 
paragraph (b) to read ``April 8, 2005.''


Sec. 940.11  [Amended]

    3. In Sec. 940.11, correct the date ``February 7, 2001'' in 
paragraph (g) to read ``April 8, 2001.''

[FR Doc. 01-9538 Filed 4-17-01; 8:45 am]
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