[Federal Register Volume 68, Number 5 (Wednesday, January 8, 2003)]
[Proposed Rules]
[Pages 1080-1088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-102]



[[Page 1079]]

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Part II





Department of Transportation





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Federal Highway Administration



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23 CFR Parts 970, 971, 972, and 973



Federal Lands Highway Program; Proposed Rules

  Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / 
Proposed Rules  

[[Page 1080]]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 970

[FHWA Docket No. FHWA-99-4967]
RIN 2125-AE52


Federal Lands Highway Program; Management Systems Pertaining to 
the National Park Service and the Park Roads and Parkways Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: The Transportation Equity Act for the 21st Century (TEA-21), 
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 Federal Lands Highway program 
(FLHP). The Secretary of Transportation has delegated the authority to 
the FHWA to serve as the lead agency within the U.S. DOT to implement 
the FLHP. The roads funded under the FLHP include Park Roads and 
Parkways, Forest Highways, Refuge Roads, and Indian Reservation Roads. 
This rulemaking proposes to provide for the development and 
implementation of safety, bridge, pavement, and congestion management 
systems for transportation facilities under National Park Service (NPS) 
jurisdiction and funded under the FLHP.

DATES: Comments must be received on or before March 10, 2003.

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 
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 postcard or you may print the 
acknowledgment page that appears after submitting comments 
electronically.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Bini, Federal Lands Highway, 
HFPD-2, (202) 366-6799, FHWA, 400 Seventh Street, SW., Washington, DC 
20590; office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays. For legal questions, Ms. 
Vivian Philbin, HFL-16, (303) 716-2122, FHWA, 555 Zang Street, 
Lakewood, CO 80228. Office hours are from 7:45 a.m. to 4:15 p.m., m.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit or retrieve comments online through the Document 
Management System (DMS): http://dmses.dot.gov/submit. Acceptable 
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document Format (PDF), and 
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day, 
365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the Web site.
    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 page at: http://www.access.gpo.gov/nara.

Background

    Section 1115(d) of the TEA-21 (Public Law 105-178, 112 Stat 107, 
156 (1998)) amended 23 U.S.C. 204 to require 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. A management system is a process for collecting, 
organizing, and analyzing data to provide a strategic approach to 
transportation planning, program development, and project selection. 
Its purposes are to improve transportation system performance and 
safety, and to develop alternative strategies for enhancing mobility of 
people and goods.
    The roads funded under the FLHP include, but are not limited to, 
Park Roads and Parkways (PRP), Forest Highways, Refuge Roads, and 
Indian Reservation Roads. The Secretary of Transportation delegated to 
the FHWA the authority to serve as the lead agency within the U.S. 
Department of Transportation to administer the FLHP (see 49 CFR 
1.48(b)(29)). This rulemaking action addresses the management systems 
for the NPS and the Park Roads and Parkways program.
    The requirements in the TEA-21 are not intended in any way to 
interfere with any portion of the NPS Organic Act, 16 U.S.C. 1 et seq., 
which established the NPS. The four management systems serve to guide 
the NPS in making resource allocation decisions for the PRP 
transportation improvement programs (PRPTIPs) and help the NPS 
implement the purpose of the Organic Act, which is to promote and 
regulate the use of the lands managed by the NPS.
    On September 1, 1999, the FHWA issued an advance notice of proposed 
rulemaking (ANPRM) to solicit public comments concerning development of 
this proposed rule pertaining to the NPS and the Park Roads and 
Parkways program (64 FR 47749). The ANPRM requested comments on the 
feasibility of developing a rule to meet both the transportation 
planning and management systems requirements of the TEA-21. Therefore, 
comments made to the docket addressed both transportation planning and 
management systems issues. However, the FHWA has decided to separate 
the NPRM's for transportation planning and management systems. For this 
reason, this NPRM concerns only the development of the management 
systems. This NPRM includes responses to the comments submitted to the 
docket on the ANPRM that addressed the proposed development of the four 
management systems. Those comments on the ANPRM that addressed 
transportation planning will be addressed at a later date. The FHWA 
received comments addressing the management systems from various State 
Transportation Departments. These comments are summarized below. 
Specific comments may be obtained by reviewing the materials in the 
docket.
    Based on the comments on the ANPRM, the FHWA has developed this 
NPRM to provide for the development and implementation of pavement, 
bridge, safety, and congestion management systems for roads under the 
NPS jurisdiction and funded under the FLHP. Separate NPRM's on 
management systems have also been developed for the Fish and Wildlife 
Service (FWS) and the Refuge Roads program, the Forest Service (FS) and 
the Forest Highway program, and the Bureau of Indian Affairs (BIA) and 
the Indian Reservation Roads program. The other three related NPRM's 
are published elsewhere in today's Federal Register.

[[Page 1081]]

    On April 21, 2000, then President Clinton issued Executive Order 
(EO) 13148, Greening the Government Through Leadership in Environmental 
Management. This EO requires all Federal agencies to implement an 
environmental management system (EMS) to ensure that agencies develop 
strategies to support environmental leadership in programs, policies, 
and procedures and that senior level managers explicitly and actively 
endorse these strategies. The EO requires that agencies implement an 
EMS no later than December 31, 2005. Furthermore, in an April 1, 2002, 
letter, the Bush Administration encouraged all agencies to promote the 
use of EMS in Federal, State, local, and private facilities and 
directed the Environmental Protection Agency (EPA) to report annually 
on how well each agency has done in promoting EMS.
    The FHWA has already begun working toward establishing an EMS. 
Additionally, the FWHA is working with the American Association of 
State Highway and Transportation Officials' (AASHTO) Center for 
Environmental Excellence to include EMS as part of an environmental 
stewardship demonstration project. The FHWA is currently providing 
technical and financial assistance to the Center, which in turn 
supports States that have initiated EMSs.\1\ Furthermore, the FHWA 
continues to demonstrate environmental stewardship by encouraging the 
use of EMS in the construction, operation, and maintenance of 
transportation facilities.
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    \1\ More information on how EMS applies to transportation 
organizations can be found on the AASHTO's Center for Environmental 
Excellence website at the following URL: http//itre.ncsu.edu/AASHTO/stewardship.
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    Although an EMS may have some overlap with the four management 
systems that are the subject of this proposed rulemaking, the FHWA has 
decided not to incorporate the EMS in this rulemaking. The FHWA 
believes that great progress has been made on the EMS and promoting the 
use of EMS by the States. In addition, the FHWA has a long-standing 
working relationship with the Federal Land Management Agencies (FLMAs) 
through the Federal Lands Highway Program. The natural resource 
conservation and preservation missions of these agencies have led to 
the development of a jointly held environmental ethic that pervades 
transportation project decision-making through the use of context 
sensitive design, best management practices, and a heightened 
sensitivity to environmental impacts. This relationship provides a 
strong foundation for the FHWA to encourage the use of environmental 
management systems by the FLMAs. For example, the National Park Service 
currently has an initiative underway to implement a service-wide EMS 
approach. The FHWA and the NPS can evaluate ways to coordinate the use 
and development of the EMS with the transportation management systems 
through the joint development of the management system implementation 
plan called for in this rulemaking. A similar approach can be used with 
all of the FLMAs.
    Any EMS developed by the FHWA, or by a FLMA, will not have an 
adverse effect on any of the management systems in this proposed 
rulemaking. Instead, such an EMS may help foster a movement toward the 
use of a comprehensive asset management system that incorporates EMS, 
along with the transportation management systems proposed in this 
rulemaking, and others not covered in this proposed action, such as a 
maintenance management system. The role of the EMS in a more 
comprehensive approach would demonstrate a commitment to environmental 
stewardship that goes beyond the individual project level or the 
development of a multi-project transportation program. The EMS should 
be a fundamentally important business tool that pervades all aspects of 
FLMA transportation decision-making. The FHWA will continue to advance 
its EMS and promote the EMS initiatives of the FLMAs through 
implementation planning for the transportation management systems. In 
addition, the FHWA will continue to promote the use of EMSs in the 
construction, operation, and maintenance of transportation facilities.
    In developing the management system implementation plans, the need 
for data elements that address the environmental performance measures 
can be evaluated in relationship to individual agency plans to 
implement an EMS. This could provide an opportunity for the ongoing 
collection of environmental information, if appropriate and necessary. 
At a minimum, this would provide an opportunity to link existing 
environmental data to the transportation management systems using a 
geographic information system common to both systems.
    From the FHWA's stewardship perspective regarding the Federal Lands 
Highway Program, EMS is most appropriately pursued as part of sound 
FLMA business management planning. Thus, the FHWA has decided not to 
address the EMS requirement in this proposed rulemaking action.

Summary of Comments Received on the ANPRM Pertaining to the NPS and the 
Park Roads and Parkways Program

    The following discussion summarizes the comments received on the 
ANPRM and the FHWA's responses to these comments. The discussion 
provides the public a general sense of the issues addressed in the 
comments. As previously stated, this NPRM is intended for the 
development of management systems. Therefore, this summary contains 
only comments and responses related to the management systems. There 
are instances where reference is made to transportation planning issues 
because the management systems serve as a guide to planning activities.

Rule Development

    Comments: The majority of comments supported the FHWA's proposal to 
develop ``separate rules'' pertaining to the NPS and the Park Roads and 
Parkways program, the FWS and the Refuge Roads program, the BIA and the 
Indian Reservations Roads program, and the FS and the Forest Highway 
program. The commenters in favor of this proposal point out the fact 
that transportation planning functions for the different Federal lands 
highways are performed by various Federal, State, and local entities, 
depending on ownership of the roadways and responsibilities for 
constructing and maintaining the facilities.
    The Wisconsin DOT and the Kentucky Transportation Cabinet offered 
an opposite view. These two State DOTs requested that we develop only 
one general rule applicable to all four agencies. The Wisconsin DOT 
suggested that this rule be flexible so that it recognizes the 
different approaches used by the States. The Kentucky Transportation 
Cabinet recommended that the rule should require the Federal land 
management agencies (FLMAs) to develop Memoranda of Understanding or 
Agreements that would address the consistency between the Federal land 
transportation planning procedures and those required under 23 U.S.C. 
134 and 135. The Kentucky Transportation Cabinet was concerned that the 
additional rules might jeopardize existing procedures already in 
effect.
    Response: Following the recommendations from the majority of 
commenters, the FHWA, in consultation with each appropriate Federal 
land management agency, developed a separate rule pertaining to each 
agency: the NPS, the FWS, the FS, and the BIA. The variance among the 
rules allows for

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the significant differences in the ownership, jurisdiction, and 
maintenance responsibilities that the FLMAs exercise over the subject 
roadways addressed in the rule. To ensure uniformity, the FHWA 
coordinated the development of each NPRM, so that similar text and 
format are contained in each of the rules.

Addressing the Management Systems Requirements

    Comments: Many States believe that the management systems should 
only be developed as needed and should relate to systems that are 
already implemented by States and local agencies. It was recommended 
that the FHWA encourage the Federal agencies to explore and use the 
States' existing systems. The States also recommended the systems be 
tailored to fit local conditions, and be applicable solely to the 
portion of the Federal lands highways owned and maintained by Federal 
agencies. Many of the States are concerned that the implementation of 
the management systems may affect the current working relationships 
among State, local, and Federal agencies. The Wisconsin DOT encouraged 
the FHWA to work with the FLMA's and State Transportation Departments 
to clarify ownership discrepancies between Federal and State data. They 
suggested that the FLMA's have accurate data reflecting the amount of 
mileage the agencies own by location. Further, these data have to agree 
with data reported by States in the Highway Performance Monitoring 
System (HPMS) database.\2\
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    \2\ The HPMS was developed in 1978 as a national highway 
transportation system database. It includes limited data on all 
public roads, more detailed data for a sample of the arterial and 
collector functional system, and certain summary information for 
urbanized, small urban and rural areas. Additional information about 
this database is available online at the URL: http://www.fhwa.dot.gov/ohim.
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    Response: The stakeholders' concerns presented above were 
considered in the development of this NPRM. Each of the proposed 
management system rules calls for the FHWA, in cooperation with the 
FLMA, to develop an implementation plan or implementation procedures 
for each of the management systems. In addition, flexibility is 
provided to determine criteria for the need and applicability of each 
of the FLMA's management systems. These implementation plans will 
provide the opportunity to relate the FLMA management systems to 
systems already implemented by States and local agencies. It will also 
allow the management systems to be tailored to fit a broad range of 
local conditions, and to avoid inefficient duplication of management 
systems already in use by the States. Development of the implementation 
plans will provide an opportunity to strengthen the working 
relationships among Federal, State, Tribal and local agencies, as well 
as define responsibility for and ownership of data.
    Comments: The Wisconsin DOT also stated that the FHWA should 
clarify that this rule and the National Highway System (NHS) 
Designation Act of 1995, Public Law 104-59, 109 Stat. 568, do not make 
the implementation of management systems mandatory.
    Response: While it is correct that the Public Law 104-59 made the 
management systems optional for States and Metropolitan Planning 
Organizations (MPO's), except for the congestion management systems in 
MPOs with a population of greater than 200,000, section 1115(d) applies 
to the Federal land management agencies, not to the States; however, 
the States may be requested to provide information. The TEA-21, enacted 
on June 9, 1998, amended 23 U.S.C. 204 to specify ``The Secretary and 
the Secretary of each appropriate Federal land management agency shall, 
to the extent appropriate, develop by rule safety, bridge, pavement, 
and congestion management systems for roads funded under the Federal 
lands highways program.'' Therefore, the development and implementation 
of the management systems, where appropriate, is mandated by law for 
the Federal land management agencies.

Approach to Structure of Proposed Regulation

    In the development of this proposed rule, the FHWA attempted to 
minimize the level of data collection and analyses required. The FHWA 
now solicits comments on the extent to which this strategy has been 
achieved. Any comments suggesting that the strategy has not been 
successful should identify the specific reasons why requirements and/or 
provisions are burdensome. Suggestions to lessen burdens are welcome.

Section-by-Section Analysis

Subpart A

Section 970.100 Purpose

    This section states that subpart A provides definitions for terms 
used in this rule.

Section 970.102 Applicability

    This section states that the definitions in subpart A are 
applicable to this rule.

Section 970.104 Definitions

    This section incorporates the terms defined in 23 U.S.C. 101(a), 49 
U.S.C. 5302, and 23 CFR part 450. It also includes additional 
definitions for terms used in this part.
    The phrase ``Federal lands'' or ``Indian lands,'' as applicable, 
would be added to the definitions of ``bridge management system 
(BMS),'' ``congestion management system (CMS),'' ``pavement management 
system (PMS),'' and ``safety management system (SMS)'' to indicate the 
distinction between the Federal or Indian lands and Federal-aid 
management systems (refer to 23 CFR part 500 for definitions of the 
Federal-aid management systems). The management system definitions also 
specify their applicability to the BIA, FS, FWS and NPS, as 
appropriate.

Subpart B

Section 970.200 Purpose

    This section states the purpose of this proposed rule, which is to 
fulfill the requirements set forth by the TEA-21. The section further 
emphasizes that the management systems would serve as a guide for the 
development of the NPS transportation plan and the PRPTIP, which are 
the products of the NPS transportation planning process.

Section 970.202 Applicability

    This section defines the applicability of the management systems.

Section 970.204 Management Systems Requirements

    This section sets forth general requirements for all four 
management systems. Additional requirements applicable to specific 
systems are in Sec. Sec.  970.208 through 970.214.
    Paragraph (a) states that the NPS shall develop, establish, and 
implement the management systems. This paragraph also requires the NPS 
to develop the management systems in a way that assists in meeting the 
goals and measures established through the Government Performance and 
Results Act (Public Law 103-62, 107 Stat.285 (1993)). Paragraphs (a) 
and (e) provide flexibility in the development of the management 
systems. Paragraph (b) requires the FHWA and the NPS to develop 
implementation plans for the management systems.
    To ensure the management systems are developed, implemented, and 
operated systematically, paragraph (c) requires the development of 
procedures that will include the following: Consideration of management 
system results in the planning process; system

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analysis; a description of each management system; operation and 
maintenance of management systems and databases; and data collection, 
processing, analysis, and updating. Paragraph (d) ensures that the 
database has a geographical reference system so that information can be 
geolocated. Paragraph (f) requires a periodic evaluation of the 
effectiveness of the management systems, preferably as part of the 
transportation planning process. Paragraph (g) ensures that 
transportation investment decisions based on management system results 
would be used at different levels of the NPS.

Section 970.206 Funds for Establishment, Development, and 
Implementation of the Systems

    This section provides that the funds available for the Park Roads 
and Parkways program can be used for development, establishment, and 
implementation of the management systems in accordance with legislative 
provisions for the funds.

Section 970.208 Federal Lands Pavement Management System (PMS)

    Paragraph (a) defines the applicability of the PMS. Paragraph (b) 
provides flexibility for the development of the PMS.
    This section further sets forth components that must be included in 
a PMS. They include requirements for a basic framework composed of data 
collection and maintenance, network level analysis, and reporting 
requirements.

Section 970.210 Federal Lands Bridge Management System (BMS)

    Paragraph (a) defines the applicability of the BMS. The section 
sets forth the components that must be included in a BMS. They consist 
of data collection and maintenance, network level analysis, investment 
analysis, and reporting requirements.

Section 970.212 Federal Lands Safety Management System (SMS)

    Paragraph (a) defines the applicability of the SMS. Because of the 
strong emphasis the TEA-21 has on safety, paragraph (b) requires the 
SMS to be used to ensure that safety is considered and implemented as 
appropriate in all phases of transportation planning, programming and 
project implementation.
    Section (c) sets forth the components that must be included in a 
SMS. They include data collection, maintenance and reporting; 
identification and correction of potential safety problems; and 
communications.
    To provide flexibility, paragraph (d) states that the extent of SMS 
requirements set forth in this proposed rule for low volume roads may 
be tailored to be consistent with the functional classification of the 
roads, and the number and types of transit and other vehicles operated 
by the NPS. However, each functional classification should include 
adequate requirements to ensure effective safety decisionmaking.

Section 970.214 Federal Lands Congestion Management System (CMS)

    This section defines congestion and requires the NPS to develop 
criteria for determining when a CMS is to be implemented for a specific 
transportation system, and have coverage for all systems meeting the 
criteria. In addition, it requires the NPS to consider the results of 
the CMS in selecting strategies to address congestion and, further, 
that strategies be considered that reduce private automobile travel and 
improve existing transportation system efficiency. Paragraphs (c)(1), 
(2), and (3) address CMS coverage for portions of the NPS 
transportation systems inside and outside the boundaries of 
transportation management areas (TMAs).
    Paragraph (c)(4) further sets forth components to be included in a 
CMS. They include the following: identification and documentation of 
measures for congestion; identification of the causes of congestion; 
development of evaluation processes; identification of benefits; 
determination of methods to monitor and evaluate performance of the 
overall transportation system after strategies are implemented; and 
consideration of example strategies provided in the proposed rule.

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. A final rule may be published at any time after the close of 
the comment period.

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

    The FHWA has determined preliminarily that the proposed rule would 
be a significant regulatory action within the meaning of Executive 
Order 12866, and under the regulatory policies and procedures of the 
U.S. Department of Transportation, because of the substantial public 
interest anticipated in the transportation facilities of the National 
Parks. The FHWA anticipates that the economic impact of any action 
taken in this rulemaking process will be minimal. The FHWA anticipates 
that the proposed rule will not adversely affect any sector of the 
economy in a material way. Though the proposed action here will impact 
the NPS, it will not likely interfere with any action taken or planned 
by the NPS or another agency, or materially alter the budgetary impact 
of any entitlement, grants, user fees, or loan programs.
    Based upon the information received in response to this proposed 
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 proposal 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), the FHWA has evaluated the effects of this proposed action on 
small entities and has determined that the proposed action would not 
have a significant economic impact on a substantial number of small 
entities. Commenters are encouraged to evaluate any options addressed 
here with regard to the potential for impact.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose a mandate that requires further 
analysis under the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4, March 22, 1995; 109 Stat. 48). This proposed rule will not 
result 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). This rulemaking proposes to provide for the 
development and implementation of pavement, bridge, safety, and 
congestion management systems for roads under the NPS jurisdiction. 
These roads are funded under the FLHP; therefore the proposed rule is 
not considered an unfunded mandate. Further, in compliance with the 
Unfunded

[[Page 1084]]

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 13132 (Federalism)

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132, dated 
August 4, 1999. The FHWA has determined that this proposed action would 
not have sufficient Federalism implications to warrant the preparation 
of a Federalism assessment. The FHWA has also determined that the 
proposed action would not preempt any State law or State regulation or 
affect the States' ability to discharge traditional State governmental 
functions. However, commenters are encouraged to consider these issues, 
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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. The FHWA has 
determined that this proposed rule contains a requirement for data and 
information to be collected and maintained in the four management 
systems that are to be developed. In order to streamline the process, 
the FHWA intends to request that OMB approve a single information 
collection clearance for all of the data in the four management systems 
at the time that the requirements in this proposal are made final. The 
FHWA is sponsoring this proposed clearance on behalf of the National 
Park Service.
    The FHWA estimates that a total of 4,100 burden hours per year 
would be imposed on non-Federal entities to provide the required 
information for the NPS management systems. Respondents to this 
information collection include State Transportation Departments, 
Metropolitan Planning Organizations, Tribal governments, regional 
transportation planning agencies, and county and local governments. The 
National Park Service would bear the burden of developing the 
management systems in a manner that would incorporate any existing data 
in the most efficient way and without additional burdens to the public. 
The estimates here only include burdens on the respondents to provide 
information that is not usually and customarily collected.
    Where a substantial level of effort may be required of non-Federal 
entities to provide NPS management system information, the effort has 
been benchmarked to the number of miles of NPS owned roads or the 
number of NPS owned bridges within the agency's jurisdiction. This 
approach has been applied to the PMS, BMS and SMS. For NPS 
implementation of the PMS, BMS, and SMS, the annual burden estimate is 
1,700 hours. Implementation of the BMS will result in 500 annual hours 
of burden, with the PMS and the SMS each requiring 600 hours per year. 
The level of burden on non-Federal entities is modest since the NPS 
will incorporate existing data into the management systems, where 
feasible.
    For the CMS, the non-Federal burden, if applicable, would likely 
fall to the MPOs, and represents the need for the NPS to coordinate its 
management system with the MPO's, for that portion of its 
transportation system that is within an MPO area. For estimating 
purposes, approximately 60 MPOs nationwide may be burdened by the 
proposed regulation. Forty hours of burden were assigned to each of the 
60 MPOs, resulting in a total burden of 2,400 hours per year 
attributable to the CMS.
    The FHWA is required to submit this proposed collection of 
information to OMB for review and approval, and accordingly, seeks 
public comments. Interested parties are invited to send comments 
regarding any aspect of these information collection requirements, 
including, but not limited to: (1) Whether the collection of 
information is necessary for the performance of the functions of the 
FHWA, including whether the information has practical utility; (2) the 
accuracy of the estimated burden; (3) ways to enhance the quality, 
utility and clarity of the collected information; and (4) ways to 
minimize the collection burden without reducing the quality of the 
information collected.

National Environmental Policy Act

    The FHWA analyzed this proposed action for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this proposed action would not have any effect on the 
quality of the environment. An environmental impact statement is, 
therefore, not required.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this proposed action under Executive Order 
13175, dated November 6, 2000, and believes that the proposal will not 
have substantial direct effects on one or more Indian tribes; will not 
impose substantial direct compliance costs on Indian tribal government, 
and will not preempt tribal law. The requirements set forth in the 
proposed rule do not directly affect one or more Indian tribes. 
Therefore, a tribal summary impact statement is not required.

Executive Order 12988 (Civil Justice Reform)

    This proposed action meets applicable standards in section 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 proposed action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not economically significant and does not 
involve an environmental risk to health and safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This proposed rule will not affect 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 13211 (Energy Effects)

    This proposed rule has been analyzed under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The FHWA has determined that it is not a 
significant energy action under that order because, although it is a 
significant regulatory action under Executive Order 12866, the proposed 
rule is not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

[[Page 1085]]

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 970

    Bridges, Grant programs--transportation, Highway safety, Highways 
and roads, National parks, Public lands, Transportation.
    For reasons set forth in the preamble, the Federal Highway 
Administration proposes to amend chapter I of Title 23, Code of Federal 
Regulations, as set forth below.

    Issued on: December 20, 2002.
Mary E. Peters,
Federal Highway Administrator.
    1. Add a new subchapter L, consisting of part 970 to read as 
follows:

SUBCHAPTER L--FEDERAL LANDS HIGHWAYS

PART 970--NATIONAL PARK SERVICE MANAGEMENT SYSTEMS

Subpart A--Definitions
Sec.
970.100 Purpose.
970.102 Applicability.
970.104 Definitions.
Subpart B--National Park Service Management Systems
970.200 Purpose.
970.202 Applicability.
970.204 Management systems requirements.
970.206 Funds for establishment, development and implementation of 
the systems.
970.208 Federal lands Pavement Management System (PMS).
970.210 Federal lands Bridge Management System (BMS).
970.212 Federal lands Safety Management System (SMS).
970.214 Federal lands Congestion Management System (CMS).

    Authority: 23 U.S.C. 204 and 315; 42 U.S.C. 7410 et seq.; 49 CFR 
1.48.

Subpart A--Definitions


Sec.  970.100  Purpose.

    The purpose of this subpart is to provide definitions for terms 
used in this part.


Sec.  970.102  Applicability.

    The definitions in this subpart are applicable to this part, except 
as otherwise provided.


Sec.  970.104  Definitions.

    Alternative transportation systems means modes of transportation 
other than private vehicles, including methods to improve system 
performance such as transportation demand management, congestion 
management, and intelligent transportation systems. These mechanisms 
help reduce the use of private vehicles and thus improve overall 
efficiency of transportation systems and facilities.
    Elements means the components of a bridge important from a 
structural, user, or cost standpoint. Examples are decks, joints, 
bearings, girders, abutments, and piers.
    Federal lands bridge management system (BMS) means a systematic 
process used by the Forest Service (FS), the Fish and Wildlife Service 
(FWS) and the National Park Service (NPS) for collecting and analyzing 
bridge data to make forecasts and recommendations, and provides the 
means by which bridge maintenance, rehabilitation, and replacement 
programs and policies may be efficiently and effectively considered.
    Federal lands congestion management system (CMS) means a systematic 
process used by the NPS, the FWS and the FS for managing congestion 
that provides information on transportation system performance, and 
alternative strategies for alleviating congestion and enhancing the 
mobility of persons and goods to levels that meet Federal, State and 
local needs.
    Federal Lands Highway program (FLHP) means a federally funded 
program established in 23 U.S.C. 204 to address transportation needs of 
Federal and Indian lands.
    Federal lands pavement management system (PMS) means a systematic 
process used by the NPS, the FWS and the FS that provides information 
for use in implementing cost-effective pavement reconstruction, 
rehabilitation, and preventive maintenance programs and policies, and 
that results in pavement designed to accommodate current and forecasted 
traffic in a safe, durable, and cost-effective manner.
    Federal lands safety management system (SMS) means a systematic 
process used by the NPS, the FWS and the FS with the goal of reducing 
the number and severity of traffic accidents by ensuring that all 
opportunities to improve roadway safety are identified, considered, 
implemented, and evaluated, as appropriate, during all phases of 
highway planning, design, construction, operation and maintenance, by 
providing information for selecting and implementing effective highway 
safety strategies and projects.
    Highway safety means the reduction of traffic accidents on public 
roads, including reductions in deaths, injuries, and property damage.
    Intelligent transportation system (ITS) means electronics, 
communications, or information processing used singly or in combination 
to improve the efficiency and safety of a surface transportation 
system.
    Life-cycle cost analysis means an evaluation of costs incurred over 
the life of a project allowing a comparative analysis between or among 
various alternatives. Life-cycle cost analysis promotes consideration 
of total cost, including maintenance and operation expenditures. 
Comprehensive life-cycle cost analysis includes all economic variables 
essential to the evaluation, including user costs such as delay, safety 
costs associated with maintenance and rehabilitation projects, agency 
capital costs, and life-cycle maintenance costs.
    Metropolitan planning area means the geographic area in which the 
metropolitan transportation planning process required by 23 U.S.C. 134 
and 49 U.S.C. 5303-5306 must be carried out.
    Metropolitan planning organization (MPO) means the forum for 
cooperative transportation decisionmaking for the metropolitan planning 
area pursuant to 23 U.S.C. 134 and 49 U.S.C. 5303.
    National Park Service transportation plan means an official NPS 
multimodal transportation plan that is developed through the NPS 
transportation planning process pursuant to 23 U.S.C. 204.
    Operations means those activities associated with managing, 
controlling, and regulating highway and pedestrian traffic.
    Park road means a public road, including a bridge built primarily 
for pedestrian use, but with capacity for use by emergency vehicles, 
that is located within, or provides access to, an area in the National 
Park System with title and maintenance responsibilities vested in the 
United States.
    Park Road Program transportation improvement program (PRPTIP) means 
a staged, multi-year, multimodal program of NPS transportation projects 
in a State area. The PRPTIP is consistent with the NPS transportation 
plan and developed through the NPS planning processes pursuant to 23 
U.S.C. 204.
    Park Roads and Parkways program means a program that is authorized 
in 23 U.S.C. 204 with funds allocated to the NPS by the FHWA for each 
fiscal year as provided in 23 U.S.C. 202(c).

[[Page 1086]]

    Parkway means a parkway authorized by Act of Congress on lands to 
which title is vested in the United States.
    Secretary means the Secretary of Transportation.
    Serviceability means the degree to which a bridge provides 
satisfactory service from the point of view of its users.
    State means any one of the fifty States, the District of Columbia, 
or Puerto Rico.
    Transportation facilities means roads, streets, bridges, parking 
areas, transit vehicles, and other related transportation 
infrastructure.
    Transportation Management Area (TMA) means an urbanized area with a 
population over 200,000 (as determined by the latest decennial census) 
or other area when TMA designation is requested by the Governor and the 
MPO (or affected local officials), and officially designated by the 
Administrators of the FHWA and the Federal Transit Administration 
(FTA). The TMA designation applies to the entire metropolitan planning 
area(s).

Subpart B--National Park Service Management Systems


Sec.  970.200  Purpose.

    The purpose of this subpart is to implement 23 U.S.C. 204, which 
requires the Secretary 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. These management systems serve to guide the National 
Park Service (NPS) in developing transportation plans and making 
resource allocation decisions for the PRPTIP.


Sec.  970.202  Applicability.

    The provisions in this subpart are applicable to the NPS, which is 
responsible for satisfying these requirements for management systems 
pursuant to 23 U.S.C. 204.


Sec.  970.204  Management systems requirements.

    (a) The NPS shall develop, establish and implement the management 
systems as described in this subpart. The NPS may tailor all management 
systems to meet the NPS goals, policies, and needs. The management 
systems also shall be developed so they assist in meeting the goals and 
measures that were jointly developed by the FHWA and the NPS in 
response to the Government Performance and Results Act of 1993 (Public 
Law 103-62, 107 Stat. 285).
    (b) The NPS and the FHWA shall develop an implementation plan for 
each of the management systems. These plans will include, but are not 
limited to, the following: Overall goals and policies concerning the 
management systems, each agency's responsibilities for developing and 
implementing the management systems, implementation schedule, data 
sources, and cost estimate. The FHWA will provide the NPS ongoing 
technical engineering support for the development, implementation, and 
maintenance of the management systems.
    (c) The NPS shall develop and implement procedures for the 
development, establishment, implementation and operation of management 
systems. The procedures shall include:
    (1) A process for ensuring the outputs of the management systems 
are considered in the development of NPS transportation plans and 
PRPTIPs and in making project selection decisions under 23 U.S.C. 204;
    (2) A process for the analysis and coordination of all management 
system outputs to systematically operate, maintain, and upgrade 
existing transportation assets cost-effectively;
    (3) A description of each management system;
    (4) A process to operate and maintain the management systems and 
their associated databases; and
    (5) A process for data collection, processing, analysis and 
updating for each management system.
    (d) All management systems will use databases with a geographical 
reference system that can be used to geolocate all database 
information.
    (e) Existing data sources may be used by the NPS to the maximum 
extent possible to meet the management system requirements.
    (f) The NPS shall develop an appropriate means to evaluate the 
effectiveness of the management systems in enhancing transportation 
investment decisionmaking and improving the overall efficiency of the 
affected transportation systems and facilities. This evaluation is to 
be conducted periodically, preferably as part of the NPS planning 
process.
    (g) The management systems shall be operated so investment 
decisions based on management system outputs can be considered at the 
national, regional, and park levels.


Sec.  970.206  Funds for establishment, development, and implementation 
of the systems.

    The FLHP Park Roads and Parkways program funds may be used for 
development, establishment, and implementation of the management 
systems. These funds are to be administered in accordance with the 
procedures and requirements applicable to the funds.


Sec.  970.208  Federal lands Pavement Management System (PMS).

    In addition to the requirements provided in Sec.  970.204, the PMS 
must meet the following requirements:
    (a) The NPS shall have PMS coverage of all paved park roads, 
parkways, parking areas and other associated facilities, as 
appropriate, that are funded under the FLHP.
    (b) The PMS may be utilized at various levels of technical 
complexity depending on the nature of the transportation network. These 
different levels may depend on mileage, functional classes, volumes, 
loading, usage, surface type, or other criteria the NPS deems 
appropriate.
    (c) The PMS shall be designed to fit the NPS goals, policies, 
criteria, and needs using the following components, at a minimum, as a 
basic framework for a PMS:
    (1) A database and an ongoing program for the collection and 
maintenance of the inventory, inspection, cost, and supplemental data 
needed to support the PMS. The minimum PMS database shall include:
    (i) An inventory of the physical pavement features including the 
number of lanes, length, width, surface type, functional 
classification, and shoulder information;
    (ii) A history of project dates and types of construction, 
reconstruction, rehabilitation, and preventive maintenance. If some of 
the inventory or historic data is difficult to establish, it may be 
collected when preservation or reconstruction work is performed;
    (iii) Condition data that includes roughness, distress, rutting, 
and surface friction (as appropriate);
    (iv) Traffic information including volumes and vehicle 
classification (as appropriate); and
    (v) Data for estimating the costs of actions.
    (2) A system for applying network level analytical procedures that 
are capable of analyzing data for all park roads, parkways and other 
appropriate associated facilities in the inventory or any subset. The 
minimum analyses shall include:
    (i) A pavement condition analysis that includes roughness, 
distress, rutting, and surface friction (as appropriate);
    (ii) A pavement performance analysis that includes present and 
predicted performance and an estimate of the

[[Page 1087]]

remaining service life (performance and remaining service life to be 
developed with time); and
    (iii) An investment analysis that:
    (A) Identifies alternative strategies to improve pavement 
conditions;
    (B) Estimates costs of any pavement improvement strategy;
    (C) Determines maintenance, repair, and rehabilitation strategies 
for pavements using life-cycle cost analysis or a comparable procedure;
    (D) Provides for short and long term budget forecasting; and
    (E) Recommends optimal allocation of limited funds by developing a 
prioritized list of candidate projects over a predefined planning 
horizon (both short and long term).
    (d) For any park roads, parkways and other appropriate associated 
facilities in the inventory or subset thereof, PMS reporting 
requirements shall include, but are not limited to, percentage of roads 
in good, fair, and poor condition.


Sec.  970.210  Federal lands Bridge Management System (BMS).

    In addition to the requirements provided in Sec.  970.204, the BMS 
must meet the following requirements:
    (a) The NPS shall have a BMS for the bridges which are under the 
NPS jurisdiction, funded under the FLHP, and required to be inventoried 
and inspected as prescribed by 23 U.S.C. 144.
    (b) The BMS shall be designed to fit the NPS goals, policies, 
criteria, and needs using, as a minimum, the following components:
    (1) A database and an ongoing program for the collection and 
maintenance of the inventory, inspection, cost, and supplemental data 
needed to support the BMS. The minimum BMS database shall include:
    (i) Data described by the inventory section of the National Bridge 
Inspection Standards (23 CFR 650.311);
    (ii) Data characterizing the severity and extent of deterioration 
of bridge elements;
    (iii) Data for estimating the cost of improvement actions;
    (iv) Traffic information including volumes and other pertinent 
information; and
    (v) A history of conditions and actions taken on each bridge, 
excluding minor or incidental maintenance.
    (2) A system for applying network level analytical procedures that 
are capable of analyzing data for all bridges in the inventory or any 
subset. The minimum analyses shall include:
    (i) A prediction of performance and estimate of the remaining 
service life of structural and other key elements of each bridge, both 
with and without intervening actions; and
    (ii) A recommendation for optimal allocation of limited funds 
through development of a prioritized list of candidate projects over 
predefined short and long term planning horizons.
    (c) The BMS may include the capability to perform an investment 
analysis as appropriate, considering size of structure, traffic volume, 
and structural condition. The investment analysis may:
    (1) Identify alternative strategies to improve bridge condition, 
safety and serviceability;
    (2) Estimate the costs of any strategies ranging from maintenance 
of individual elements to full bridge replacement;
    (3) Determine maintenance, repair, and rehabilitation strategies 
for bridge elements using life cycle cost analysis or a comparable 
procedure;
    (4) Provide short and long term budget forecasting; and
    (5) Evaluate the cultural and historical values of the structure.
    (d) For any bridge in the inventory or subset thereof, BMS 
reporting requirements shall include, but are not limited to, 
percentage of non-deficient bridges.


Sec.  970.212  Federal Lands Safety Management System (SMS).

    In addition to the requirements provided in Sec.  970.204, the SMS 
must meet the following requirements:
    (a) The NPS shall have an SMS for all transportation systems 
serving NPS facilities, as appropriate, funded under the FLHP.
    (b) The NPS shall use the SMS to ensure that safety is considered 
and implemented, as appropriate, in all phases of transportation system 
planning, design, construction, maintenance, and operations.
    (c) The SMS shall be designed to fit the NPS goals, policies, 
criteria, and needs and shall contain the following components:
    (1) An ongoing program for the collection, maintenance and 
reporting of a data base that includes:
    (i) Accident records with details for analysis such as accident 
type, using standard reporting descriptions (e.g., right-angle, rear-
end, head-on, pedestrian-related), location, description of event, 
severity, weather and cause;
    (ii) An inventory of safety appurtenances such as signs, 
delineators, and guardrails (including terminals);
    (iii) Traffic information including volume, speed, and vehicle 
classification, as appropriate.
    (iv) Accident rates by customary criteria such as location, roadway 
classification, and vehicle miles of travel.
    (2) Development, establishment, and implementation of procedures 
for:
    (i) Routinely maintaining and upgrading safety appurtenances 
including highway-rail crossing warning devices, signs, highway 
elements, and operational features, where appropriate;
    (ii) Identifying and investigating hazardous or potentially 
hazardous transportation elements and systems, transit vehicles and 
facilities, roadway locations and features;
    (iii) Establishing countermeasures and setting priorities to 
address identified needs.
    (3) A process for communication, coordination, and cooperation 
among the organizations responsible for the roadway, human, and vehicle 
safety elements;
    (d) While the SMS applies to appropriate transportation systems 
serving NPS facilities funded under the FLHP, the extent of system 
requirements (e.g., data collection, analyses, and standards) for low 
volume roads may be tailored to be consistent with the functional 
classification of the road and number and types of transit and other 
vehicles operated by the NPS.


Sec.  970.214  Federal Lands Congestion Management System (CMS).

    (a) For purposes of this section, congestion means the level at 
which transportation system performance is no longer acceptable due to 
traffic interference. For portions of the NPS transportation system 
outside the boundaries of TMAs, the NPS shall:
    (1) Develop criteria to determine when a CMS is to be implemented 
for a specific transportation system; and
    (2) Have CMS coverage for all transportation systems serving NPS 
facilities that meet minimum CMS needs criteria, as appropriate, funded 
through the FLHP.
    (b) The NPS shall consider the results of the CMS when selecting 
congestion mitigation strategies that are the most time efficient and 
cost effective and that add value (protection/rejuvenation of 
resources, improved visitor experience) to the park and adjacent 
communities.
    (c) In addition to the requirements provided in Sec.  970.204, the 
CMS must meet the following requirements:
    (1) For those NPS transportation systems that require a CMS, in 
both metropolitan and non-metropolitan areas, consideration shall be 
given to strategies that promote alternative transportation systems, 
reduce private automobile travel, and best integrate

[[Page 1088]]

private automobile travel with other transportation modes.
    (2) For portions of the NPS transportation system within 
transportation management areas (TMAs), the NPS transportation planning 
process shall include a CMS that meets the requirements of this 
section. By agreement between the TMA and the NPS, the TMA's CMS 
coverage may include the transportation systems serving NPS facilities, 
as appropriate. Through this agreement(s), the NPS may meet the 
requirements of this section.
    (3) If a TMA's CMS does not provide coverage of the portions of the 
NPS transportation facilities within the boundaries of the TMA, the NPS 
shall develop a separate CMS to cover those facilities within the 
boundaries of the TMA. Approaches may include the use of alternate mode 
studies and implementation plans as components of the CMS.
    (4) A CMS will:
    (i) Identify and document measures for congestion (e.g., level of 
service);
    (ii) Identify the causes of congestion;
    (iii) Include processes for evaluating the cost and effectiveness 
of alternative strategies;
    (iv) Identify the anticipated benefits of appropriate alternative 
traditional and nontraditional congestion management strategies;
    (v) Determine methods to monitor and evaluate the performance of 
the multi-modal transportation system; and
    (vi) Appropriately consider strategies, or combinations of 
strategies for each area, such as:
    (A) Transportation demand management measures;
    (B) Traffic operational improvements;
    (C) Public transportation improvements;
    (D) ITS technologies; and
    (E) Additional system capacity.

[FR Doc. 03-102 Filed 1-7-03; 8:45 am]
BILLING CODE 4910-22-P