[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Rules and Regulations]
[Pages 7418-7419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3735]



Federal Highway Administration

23 CFR Part 450

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

Statewide Transportation Planning; Metropolitan Transportation 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Correction to final rule.


SUMMARY: This document corrects the final rule on Statewide 
Transportation Planning; Metropolitan Transportation Planning published 
in the Federal Register on January 23, 2003 (68 FR 3176). The FHWA is 
correcting the definition of non-metropolitan local official by 
removing the word ``or'' and replacing it with the word ``and'' as 
stated in the preamble.

EFFECTIVE DATE: March 17, 2003.

of Interstate and Border Planning (HEPI), (202) 366-0233, or Mr. Reid 
Alsop, Office of the Chief Counsel (HCC-31), (202) 366-1371. For the 
FTA: Mr. Paul Verchinski, Statewide Planning Division (TPL-11), (202) 
366-1626, 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.


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 
    An electronic copy of this document may be downloaded 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 also reach the Office of the Federal 
Register's home page at: http://www.archives.gov and the Government 
Printing Office's Web page at: http://www.access.gpo.gov/nara.


    The FHWA in consultation with the Federal Transit Administration, 
published a final rule on Statewide and Metropolitan Planning on 
January 24, 2003, at 68 FR 3176. After reviewing the final published 
document, the agencies realized that there was a mistake in the 
definition of the non-metropolitan local official. The definition 
indicated that a non-metropolitan local official, ``means the elected 
or appointed officials of general purpose * * *''; however, the word 
``or'' that follows the word ``elected'' and precedes the word 
``appointed'' should be an ``and''. In the section-by-section analysis 
section of the preamble, the agencies explain that the definition 
should read ``elected and appointed officials of general purpose * * 
    The language for the definition of non-metropolitan local official 
was jointly proposed by the National Association of Counties (NACO) 
representing the local governments, the National Association of 
Development Organizations (NADO) representing local officials and the 
American Association of State and Highway Transportation Officials 
(AASHTO) representing the State DOTs. The agencies reviewed this 
proposed definition and believed it had merit because it came from the 
organizations whose members are most impacted by the final rule. 
Therefore, this correction merely changes the ``or'' to an ``and'' to 
accurately reflect the definition we intended to appear in the final 

Rulemaking Analyses and Notices

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

    The FHWA and the FTA have determined that this action is not a 
significant regulatory action within the meaning of Executive Order 
12866 and the U.S. Department of Transportation regulatory policies and 
procedures. This action merely corrects a definition used in the final 
rule to remove the word ``or'' and replace it with the word ``and'' as 
stated in the preamble to the final rule. This correction is not a 
substantive change to the rule, but rather, is a ministerial change 
necessary to accurately reflect the intent of the agencies.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the FHWA and the FTA have evaluated the effects of 
this final rule on small entities and has determined it will not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub L. 104-4, March 22, 1995, 109 
Stat. 48). This rule will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million 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, and the agencies have 
determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism assessment. The 
FHWA and the FTA have also determined that this action does not preempt 
any State law or State regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction; 20.500 Federal Transit Capital 
Improvement Grants; 20.505, Federal Transit Metropolitan Planning 
Grants; 20.507, Federal Transit Formula Grants; 20515, State Planning 
and Research.

[[Page 7419]]

The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-

National Environmental Policy Act

    The FHWA and the FTA have analyzed this action for the purpose of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and 
have determined that this action will not have any effect on the 
quality of environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA and the FTA have analyzed this action under Executive 
Order 13175, dated November 6, 2000. This action 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 
summary impact statement is not required.

Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that this rule is not a 
significant energy action under EO 11321 because this rule is not a 
significant regulatory action and it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a Statement of Energy Effects under Executive Order 
13211 is not required.

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 action 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 action will 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.

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 450

    Grant programs--transportation, Highways and roads, Mass 
transportation, Reporting and recordkeeping requirements.

    Issued on: February 10, 2003.
Mary E. Peters,
Federal Highway Administrator.

    In consideration of the foregoing, the Federal Highway 
Administration is amending title 23, Code of Federal Regulations, part 
450, as set forth below:


    1. The authority citation for part 450 continues to read as 

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

    2. Amend Sec.  450.104 to revise the definition of ``non-
metropolitan local official'' to read as follows:

Sec.  450.104  Definitions.

* * * * *
    Non-metropolitan local official means elected and appointed 
officials of general purpose local government, in non-metropolitan 
areas, with jurisdiction/responsibility for transportation.
* * * * *
[FR Doc. 03-3735 Filed 2-13-03; 8:45 am]