[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9592-9593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-982]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Morris K. Udall Scholarship and Excellence in National 
Environmental Policy Foundation

[Docket No. FHWA-2006-25031]


U.S. Institute for Environmental Conflict Resolution; Notice of 
Final Report of National Outdoor Advertising Control (OAC) Program 
Assessment and Request for Public Input

AGENCIES: Federal Highway Administration (FHWA), DOT and United States 
Institute for Environmental Conflict Resolution (U.S. Institute).

ACTION: Notice; request for public input on final OAC program 
assessment report.

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SUMMARY: In July 2006, the FHWA and the U.S. Institute initiated a 
neutral assessment of the national Outdoor Advertising Control (OAC) 
program. The U.S. Institute has submitted the completed assessment 
report to the FHWA and other interested stakeholders in outdoor 
advertising, as described in this notice, thereby concluding the 
assessment process. The FHWA has placed the report in the docket (U.S. 
Department of Transportation Dockets Management System (DMS), at http://dms.dot.gov, under Docket No. FHWA-2006-25031 and online at http://www.fhwa.dot.gov/realestate/out_ad.htm. The FHWA seeks public comment 
on the assessment report. Comments submitted in response to this 
notice, together with the assessment report, previously submitted 
public comments, and other information relevant to the OAC program, 
will be considered by the FHWA when the agency makes future 
determinations about OAC program needs and the best methods for 
addressing those needs.

DATES: Comments must be received on or before May 1, 2007.

ADDRESSES: Mail or hand deliver comments on the report 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://dms.dot.gov or fax comments to (202) 493-2251. 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 may print 
the acknowledgement page that appears after submitting comments 
electronically. Anyone is able to search the electronic form of all 
comments received onto any of DOT's dockets by the name of the 
individual submitting the comment (or signing the comment if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000, (Volume 65, Number 70, Pages 19477-78) or 
you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald Solomon, Office of Real 
Estate Services (HEPR) (202) 366-2037, [email protected], or Ms. 
Janet Myers, Office of the Chief Counsel (HCC-30) (202) 366-2019, 
[email protected], Federal Highway Administration, 400 Seventh 
Street, SW., Washington, DC 20590. Office hours for the Federal Highway 
Administration are 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You may submit or retrieve comments online through the Docket 
Management System (DMS) at http://dms.dot.gov/submit. The DMS is 
available 24 hours each day, 365 days a year. Electronic submissions 
and retrievals help and guidelines are available under the help section 
of the Web site.
    An electronic copy of this document may also be downloaded from 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

    On July 20, 2006, the FHWA and the U.S. Institute published a 
notice in the Federal Register (71 FR 41258) announcing the initiation 
of an assessment of the national outdoor advertising control (OAC) 
program. The goal of this assessment was to reach out to parties 
interested in the OAC to identify issues that cause controversy, 
perspectives of the various stakeholders, and appropriate methods for 
addressing conflicts and improving program results. As a result of 
information obtained through the assessment, including the comments 
submitted in response to this notice, the U.S. Institute compiled an 
assessment report and provided it to the FHWA. The purpose of this 
notice is to announce the availability of that report and to request 
comments on the report.
    Under the 1965 Highway Beautification Act (HBA), 23 U.S.C. 131, and 
various agreements entered into by the FHWA and the States, the States 
are responsible for implementing the OAC program. The HBA requires 
control of outdoor advertising signs (signs) near Federal-aid highways 
in a manner consistent with Federal laws and regulations. Failure by a 
State to maintain effective control can result in the FHWA withholding 
of a portion of the State's Federal-aid highway funds. Most States have 
assigned administrative responsibility for OAC to their transportation 
agencies. Additional information about the history, relevant laws, and 
current status of the OAC program appears in the July 20, 2006, Federal 
Register notice. Other OAC resources include: National Alliance of 
Highway Beautification Agencies, http://www.nahba.org/; Outdoor

[[Page 9593]]

Advertising Association of America, http://www.oaaa.org; and Scenic 
America, http://www.scenic.org.
    Since the adoption of the HBA and the implementing regulations, 
there have been substantial changes in relevant practices, 
technologies, and local conditions. As a result, many of those affected 
by the OAC program see an increasing gap between current Federal law 
and regulations and the needs of States, local communities, 
advertisers, sign owners, owners of properties on which signs are 
located, interest groups, and the traveling public.
    The U.S. Institute and the FHWA initiated the neutral assessment of 
the OAC program to identify issues that cause controversy, gather the 
perspectives of various stakeholders on those issues, and identify 
potential methods for addressing conflicts in order to improve program 
results. Assessment activities, carried out by the U.S. Institute and 
its contractor, The Osprey Group, commenced following publication of 
the Federal Register notice described above.
    Over several months, the assessment team obtained diverse 
perspectives through interviews, focus groups, and public listening 
sessions, supplemented by public comment letters filed in the docket. 
Substantial input was received and was considered by the assessment 
team when it prepared its OAC program assessment report.
    The assessment report identifies a broad range of attitude/
relationship, organization, and substantive OAC program issues. Among 
these are regulatory approaches to new billboard technology; control of 
sham businesses and sham zoning that permit erection of billboards in 
non-commercial and industrial areas; future of non-conforming signs; 
vegetation control in the vicinity of billboards; consistency in 
administration of regulations and enforcement; future of the 1958 bonus 
program, enacted prior to the HBA, by PL 85-381, to control outdoor 
advertising through bonus payments to States that elected to enter into 
agreements to meet the stricter requirements; increased FHWA 
flexibility in enforcement mechanisms for failure to maintain effective 
control; update of Federal-State Agreements that govern States' OAC 
obligations; Highway Beautification Act scope associated with highways 
not within the National Highway System; and evaluation of 
organizational structures and commitments to the OAC program.

Conclusion

    The U.S. Institute's report and the comments submitted in response 
to this notice will provide valuable information to the FHWA and other 
stakeholders, helping them to better understand the issues surrounding 
the OAC program and develop effective means to address some of the 
controversial topics.

(Authority: 23 U.S.C. 131; 20 U.S.C. 5601 et seq.)

    Issued on: February 26, 2007.
Christopher L. Helms,
Executive Director, Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. 07-982 Filed 3-1-07; 8:45 am]
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