[Federal Register Volume 68, Number 101 (Tuesday, May 27, 2003)]
[Rules and Regulations]
[Pages 28752-28753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13066]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 470

[FHWA Docket No. FHWA-97-2394]
RIN 2125-AD74


Federal-Aid Highway System

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The FHWA adopts as final an interim final rule that amends the 
regulation on Federal-aid highway systems to incorporate changes made 
by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) 
and the National Highway System Designation Act of 1995 (NHS Act). The 
purpose of adopting the interim final rule as final is to reflect 
statutory changes in defining the Federal-aid highway systems, reduce 
regulatory requirements and simplify recordkeeping requirements imposed 
on States, and consolidate (in appendices to the regulation) all 
nonregulatory guidance material issued previously by the FHWA on this 
subject.

EFFECTIVE DATES: June 26, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Clark, Office of Interstate 
and Border Planning (HEPI), (202) 366-5006, or Ms. Grace Reidy, Office 
of the Chief Counsel (HCC-40), (202) 366-6226. Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001. 
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

    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 
help.
    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.

Background

    The FHWA published an interim final rule on part 470, subpart A on 
June 19, 1997, at 62 FR 33351. Interested persons were invited to 
submit comments to FHWA docket No. FHWA-97-2394. The interim final rule 
amended the regulation on Federal-aid highway systems to (1) reflect 
statutory changes made by the ISTEA (Pub. L. 102-240, 105 Stat. 1914 
(1991)) and the NHS Act (Pub. L. 104-59, 109 Stat. 568 (1995)); (2) 
reduce regulatory requirements and simplify recordkeeping requirements 
imposed on the States; and (3) consolidate, in appendices to the 
regulation, all relevant nonregulatory guidance previously issued in 
the FHWA's policy memoranda and the ``Federal-Aid Policy Guide.'' This 
rule has been in effect since July 21, 1997.

Summary of Comments

    The FHWA received four comments, two from State transportation 
departments (Texas and Illinois), one from the Advocates for Auto and 
Highway Safety (AAHS) and one from a private individual.
    The Illinois DOT found the interim final rule to be satisfactory.
    The Texas DOT commented that Appendix B to part 470 does not 
address access points to the Interstate System as required by the FHWA 
and asked for a clarification. The policy on Interstate System access 
points is addressed in a separate policy statement that was updated and 
published in the Federal Register on February 11, 1998, at 63 FR 7045. 
It can also be accessed at http://www.fhwa.dot.gov/programadmin/fraccess.html .
    The Texas DOT also commented that the FHWA omitted an obsolete 
requirement related to the former Interstate Cost Estimates.
    The AAHS objected to issuing this material as an interim final rule 
with an after-the-fact comment period. The FHWA believes that because 
the amendments made in the interim final rule were statutorily 
mandated, incorporated existing policy, or were well-established 
procedures, requirements, or practices, that prior notice and an 
opportunity for comment was unnecessary. The amendments made by the 
interim final rule were specifically designed to simplify 
administrative procedures, minimize regulatory burdens, and provide 
flexibility for accomplishing required systems. Of the two State DOTs 
that commented, both were in favor of the change and only one pointed 
out a possible omission mentioned previously. Additionally, the FHWA 
was careful in the regulatory wording to refer to the appendices as 
guidance to be considered in carrying out the procedures of the 
regulation.
    The private individual correctly pointed out an error in the miles 
to kilometers conversion factor noted in the preamble. The rule 
language in the interim final rule uses the correct factor.

Conclusion

    For the reasons stated above, the FHWA adopts as a final rule the 
interim final rule published on June 19, 1997, at 62 FR 33351. The FHWA 
acknowledges that the definition of ``consultation'' in this rulemaking 
for Part 470 of title 23, CFR, is not the same as the definition of 
``consultation'' in Part 450 of title 23, CFR. This action does not 
change the definition in Part 450 or the way the FHWA administers Part 
450.

Rulemaking Analyses and Notices

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 the 
U.S. Department of Transportation regulatory policies and procedures. 
The economic impact of this rule will be minimal. This action merely 
adopts as final the interim final rule that has been in effect since 
July 21, 1997.
    This final rule will not adversely affect, in a material way, any 
sector of the economy. In addition, these changes will not interfere 
with any action taken or planned by another agency and will not 
materially alter the budgetary impact of any entitlements, grants, user 
fees, or loan programs.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the FHWA has 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. 
This final rule adopts as final the interim final rule that clarifies, 
streamlines, and simplifies Federal-aid highway systems policies for 
modification and management of the systems. This rule reduces the 
administrative burden on the States associated with the Federal-aid 
systems actions.

[[Page 28753]]

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.
    Additionally, the definition of ``Federal mandate'' in the Unfunded 
Mandates Reform Act excludes financial assistance of the type in which 
State, local, or tribal governments have authority to adjust their 
participation in the program in accordance with changes made in the 
program by the Federal government. The Federal-aid highway program 
permits this type of flexibility to the States.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and the FHWA has 
determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism assessment. The 
FHWA 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.
    By adopting as final the interim final rule, we have permanently 
eliminated many of the administrative procedures and recordkeeping 
requirements related to the Federal-aid highway system actions.

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

    This action does not contain a collection of information 
requirement under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.

National Environmental Policy Act

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

Executive Order 13175 (Tribal Consultation)

    The FHWA has 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. Although this proposal is a significant 
regulatory action under Executive Order 12866, we have determined that 
it is not a significant energy action under that order, because 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 470

    Grant programs--transportation, Highway planning, Highways and 
roads.


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In consideration of the foregoing, and under the authority of 23 U.S.C. 
103(b)(2), 103(e)(1), (e)(2), and (e)(3), 103(f), 134, 135, and 315; 
and 49 CFR 1.48(b)(2), the interim final rule amending 23 CFR part 470, 
subpart A which was published at 62 FR 33351 on June 19, 1997, is 
adopted as a final rule without change.

    Issued on: May 7, 2003.
Mary E. Peters,
Federal Highway Administrator.
[FR Doc. 03-13066 Filed 5-23-03; 8:45 am]
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