[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Proposed Rules]
[Pages 53326-53327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20626]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Federal Transit Administration

23 CFR Part 450

[FHWA Docket No. FHWA-99-5933]
FHWA RIN 2125-AE95; FTA RIN 2132-AA75


Statewide Transportation Planning; Metropolitan Transportation 
Planning

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), DOT.

ACTION: Notice; extension of comment period.

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SUMMARY: The FHWA and FTA propose to extend the comment period for a 
supplemental notice of proposed rulemaking, which was published June 
19, 2002, at 67 FR 41648. The original comment period is set to close 
on August 19, 2002. The proposed extension stems from concern expressed 
jointly by the American Association of Highway and Transportation 
Officials (AASHTO), the National Association of Counties (NACO), and 
the National Association of Development Organizations (NADO) that the 
August 19 closing date does not provide sufficient time for response to 
the supplemental notice of proposed rulemaking. The FHWA and FTA 
recognize that others interested in commenting may have similar time 
constraints and agree that the comment period should be extended. 
Therefore, the closing date for comments is changed to September 19, 
2002, which will provide the AASHTO, NACO, NADO and others interested 
in commenting additional time to evaluate the supplemental notice of 
proposed rulemaking and to submit responses.

DATES: Submit comments on or before September 19, 2002.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments should include the docket number 
that appears in the heading of this document. All comments received 
will be available for examination and copying at the above address from 
9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. 
Those desiring notification of receipt of comments must include a self-
addressed, stamped postcard or you may print the acknowledgment page 
that appears after submitting comments electronically.

FOR FURTHER INFORMATION CONTACT: For the FHWA: Mr. Dee Spann, Statewide 
Planning Team (HEPS), (202) 366-4086 or Mr. Reid Alsop, Office of the 
Chief Counsel (HCC-31), (202) 366-1371. For the FTA: Mr. Paul 
Verchinski, Statewide Planning Divison (TPL-11) or Mr. Scott Biehl, 
Office of the Chief Counsel (TCC-30), (202) 366-0952. Both agencies are 
located at 400 Seventh Street, SW., Washington, DC 20590-0001. Office 
hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., and for the 
FTA are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may access all comments received by the U.S. DOT 
Docket Facility, 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 by using a 
computer, modem, and suitable communications software from the 
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.

Background

    Section 1025 of the Intermodal Surface Transportation Efficiency 
Act of 1991 (ISTEA), Public Law 102-240, 105 Stat. 1914, (December 18, 
1991), amended title 23, United States Code (U.S.C.), section 135 and 
established a requirement for Statewide Transportation Planning and 
stated, ``[t]he transportation needs of non-metropolitan areas should 
be considered through a process that includes consultation with local 
elected officials with jurisdiction over transportation.'' The ISTEA 
further stated ``[p]rojects undertaken in areas of less than 50,000 
population (excluding projects undertaken on the National Highway 
System and pursuant to the bridge and Interstate maintenance programs) 
shall be selected by the State in cooperation with the affected local 
officials. Projects undertaken in such areas on the National Highway 
System or pursuant to the bridge and Interstate maintenance programs 
shall be selected by the State in consultation with the affected local 
officials.''

[[Page 53327]]

    Section 1204 of the Transportation Equity Act for the 21st Century 
(TEA-21), Public Law 105-178, 112 Stat. 107 (June 9, 1998), further 
amended 23 U.S.C. 135, while preserving the statewide planning 
requirement for a continuing, comprehensive, and cooperative planning 
process. Although the TEA-21 did not significantly alter the current 
decisionmaking relationship among governmental units, it does 
demonstrate the Congress' continued emphasis on States consultation 
with non-metropolitan local officials in transportation planning and 
programming. Consultation with non-metropolitan local officials in 
transportation planning and programming is the specific subject of the 
SNPRM, which the FHWA and the FTA published June 19, 2002, at 67 FR 
41648.
    The SNPRM provided an alternative proposal regarding consultation 
with non-metropolitan local officials which is different from that 
contained in the FHWA and the FTA notice of proposed rulemaking (NPRM) 
published on May 25, 2000 (65 FR 33922), which detailed proposed 
revisions to the existing planning regulations issued on October 28, 
1993, at 58 FR 58040. Comments were solicited until August 23, 2000 
(later extended to September 23, 2000, by a July 7, 2000, Federal 
Register notice at 65 FR 41891). The docket is still open.
    The House report (H.R. Rep. No. 107-108, at 80 (2001)) that 
accompanied the U.S. DOT Appropriations Act for fiscal year (FY) 2002 
(Pub. L. 107-87), and the conference report (H.R. Rep. No. 107-350 
(2001)) for the Department of Defense FY 02 Appropriations Act (Pub. L. 
107-117), contained several transportation provisions. They include 
language directing the U.S. DOT to promulgate a final rule, no later 
than February 1, 2002, to amend the FHWA and FTA planning regulations 
to ensure transportation officials from rural areas are consulted in 
long range transportation planning and programming.
    The original comment period for the SNPRM is set to close on August 
19, 2002. The AASHTO, NACO, and NADO are working together to develop 
joint comments on the SNPRM, and they jointly expressed concern that 
this closing date does not provide sufficient time to review the 
proposed changes, consolidate comments, and submit them. To allow time 
for these organizations and others to prepare and submit appropriate 
comments, the closing date for comments is changed from August 19, 
2002, to September 19, 2002.

    Authority: 23 U.S.C. 134, 135, and 315; and 49 U.S.C. 5303-5306.

    Issued on: August 8, 2002.
Mary E. Peters,
Federal Highway Administrator.
Jennifer L. Dorn,
Federal Transit Administrator.
[FR Doc. 02-20626 Filed 8-14-02; 8:45 am]
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