[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Rules and Regulations]
[Pages 6690-6692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2693]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 470

[FHWA Docket No. FHWA-2011-0003]
RIN 2125-AF35


Highway Systems; Technical Correction

AGENCIES: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule makes a technical correction to the regulations that 
govern the designation of routes on the National Highway System and the 
Dwight D. Eisenhower System of Interstate and Defense Highways. The 
amendments contained herein make no substantive changes to FHWA 
regulations, policies, or procedures. The current regulation references 
a section of Title 23 of the United States Code that was later repealed 
by section 1106(c)(2)(A) of the Transportation Efficiency Act for the 
21st Century (Pub. L. 105-178). This rule also corrects outdated and 
incorrect directions for obtaining publications referenced in the 
regulatory text. This rule also corrects to 25 years the time period 
that routes designated by agreement as future Interstate routes must be 
constructed to meet Interstate Highway System standards. Finally, this 
rule corrects references to FHWA offices that are involved in reviewing 
and approving Interstate designation requests, due to Agency 
reorganizations.

DATES: This rule is effective March 10, 2011.

FOR FURTHER INFORMATION CONTACT: Stefan Natzke, National Systems and 
Economic Development Team, (202) 366-5010; or Robert Black, Office of 
the Chief Counsel, (202) 366-1359; Both are located at 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Office hours for FHWA are from 8 
a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by accessing 
the Office of the Federal Register's home page at: http://www.archives.gov or the Government Printing Office's Web page at: 
http://www.gpoaccess.gov/nara.

Background

    This rulemaking makes technical corrections to the regulations that 
govern policies and procedures relating to the designation of routes on 
the Interstate Highway System found at 23 CFR 470. In its final rule 
published in the Federal Register on June 19, 1997, at 62 FR 33355, the 
FHWA referenced 23 U.S.C. 139, which at that time governed ``Additions 
to the Interstate.'' Section 1106(c)(2)(A) of the Transportation Equity 
Act for the 21st Century, enacted in 1998, repealed that section and 
inserted revised language governing Interstate additions at 23 U.S.C. 
103(c). Furthermore, the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 
109-59) inserted provisions related to efficient environmental reviews 
at 23 U.S.C. 139. As such, references in 23 CFR 470 to section 139 
causes confusion. These amendments will direct readers of this section 
to the proper section of the U.S. Code. This rule also corrects 
outdated and incorrect directions for obtaining publications referenced 
in the regulatory text. It also extends to 25 years the time period 
that routes designated by agreement as future Interstate routes must be 
constructed to meet Interstate Highway System standards as provided by 
23 U.S.C. 103(c)(4)(B)(ii). Section 1106(a) of SAFETEA-LU (Pub. L. 109-
59), enacted in 2005, extended the construction deadline from 12 to 25 
years. The amended rule will reflect this statutory extension. Finally, 
this rule corrects references to FHWA offices that are involved in 
reviewing and approving Interstate designation requests, due to Agency 
reorganizations.

Rulemaking Analyses and Notice

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. The FHWA finds that notice and comment for this 
rule is unnecessary and contrary to the public interest because it will 
have no substantive impact, is technical in nature, and relates only to 
management, organization, procedure, and practice. The amendments to 
the rule are based upon the explicit language of statutes that were 
enacted subsequent to the promulgation of the rule. The FHWA does not 
anticipate receiving meaningful comments on it. States, local 
governments, transit agencies, and their consultants rely upon the 
environmental regulations corrected by this action. These corrections 
will reduce confusion for these entities and should not be 
unnecessarily delayed. Accordingly, for the reasons listed above, the 
agencies find good cause under 5 U.S.C. 553(b)(3)(B) to waive notice 
and opportunity for comment.

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 
significant within the meaning of DOT regulatory policies and 
procedures. It is anticipated that the economic impact of this 
rulemaking will be minimal. This rule only entails minor corrections 
that will not in any way alter the regulatory effect of 23 CFR part

[[Page 6691]]

470. Thus, 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) FHWA has evaluated the effects of this action on 
small entities and has determined that the action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not make any substantive changes to our 
regulations or in the way that our regulations affect small entities; 
it merely corrects technical errors. For this reason, the FHWA 
certifies that this action 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 does not impose any requirements on State, 
local, or tribal governments, or the private sector and, thus, will not 
require those entities to expend any funds.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and FHWA has determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. The FHWA has 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)

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

Paperwork Reduction Act

    This action does not create any new information collection 
requirements for which a Paperwork Reduction Act submission to the 
Office of Management and Budget would be needed 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 
the environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, 
dated November 6, 2000, and concluded that this rule 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. There are no requirements set forth in 
this rule that directly affect one or more Indian tribes. Therefore, a 
tribal summary impact statement is not required.

Executive Order 12988 (Civil Justice Reform)

    This rule 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)

    Under Executive Order 13045, Protection of Children from 
Environmental Health and Safety Risks, this final rule is not 
economically significant and does not involve an environmental risk to 
health and safety that may disproportionally affect children.

Executive Order 12630 (Taking of Private Property)

    This final rule will not effect 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 final 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 it is not a 
significant regulatory action under Executive Order 12866 and this 
final rule is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

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 RINs 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

    Highways and roads, Reporting and recordkeeping requirements.

    Issued on: February 1, 2011.
Victor M. Mendez,
Administrator.
    In consideration of the foregoing, 23 CFR part 470 is amended as 
set forth below.

PART 470--HIGHWAY SYSTEMS

0
1. Revise the authority citation for part 470 to read as follows:

    Authority:  23 U.S.C. 103(b)(2), 103(c), 134, 135, and 315; and 
49 CFR 1.48(b).

Subpart A--[Amended]

0
2. Amend Sec.  470.105 by revising the last sentence of paragraph (a), 
the second sentence of paragraph (b)(1), and footnote 1 to read as 
follows:


Sec.  470.105  Urban area boundaries and highway functional 
classification.

    (a) * * * Guidance for determining the boundaries of urbanized and 
nonurbanized urban areas is provided in the FHWA's Functional 
Classification Guidelines.\1\
    (b) * * * (1) * * * Guidance criteria and procedures are provided 
in the FHWA's Functional Classification Guidelines.
* * * * *
    \1\ The Functional Classification Guidelines can be viewed at 
http://www.fhwa.dot.gov/planning/fctoc.htm.


0
3. Amend Sec.  470.107(a)(2) by removing the reference ``23 U.S.C. 
103(e)(1), (e)(2), and (e)(3)'' and adding in its place, the reference 
``23 U.S.C. 103(c)(1)(D)(2)'', and by removing the reference ``23 
U.S.C. 139(a) and (c)'' and adding, in its place, the reference ``23 
U.S.C. 103(c)(4).''

0
4. Amend Sec.  470.111 as follows:
0
A. By revising paragraph (b).
0
B. By removing paragraph (c), and redesignating paragraphs (d) through 
(f) as paragraphs (c) through (e).
0
C. By amending redesignated paragraph (e) by removing the reference 
``23 U.S.C. 139'' and adding, in its place, the reference ``23 U.S.C. 
103(c)''. The revision reads as follows:


Sec.  470.111  Interstate System procedures.

* * * * *

[[Page 6692]]

    (b) Proposals for Interstate or future Interstate designation under 
23 U.S.C. 103(c)(4)(A) or (B), as logical additions or connections, 
shall consider the criteria contained in appendix A of this subpart. 
For designation as a part of the Interstate system, 23 U.S.C. 
103(c)(4)(A) requires that a highway meet all the standards of a 
highway on the Interstate System, be a logical addition or connection 
to the Interstate System, and have the affirmative recommendation of 
the State or States involved. For designation as a future part of the 
Interstate System, 23 U.S.C. 103(c)(4)(B) requires that a highway be a 
logical addition or connection to the Interstate System, have the 
affirmative recommendation of the State or States involved, and have 
the written agreement of the State or States involved that such highway 
will be constructed to meet all the standards of a highway on the 
Interstate System within twenty-five years of the date of the agreement 
between the FHWA Administrator and the State or States involved. Such 
highways must also be on the National Highway System.
* * * * *

0
5. Amend Appendix A to Subpart A of Part 470 as follows:
0
A. By revising the appendix heading.
0
B. By amending the introductory paragraph by removing the words 
``Section 139(a) and (b)'' and adding, in their place the words 
``Section 103(c)(4)(A) and (B)'', and removing the reference ``23 
U.S.C. 139'' and adding, in its place, the reference ``23 U.S.C. 
103(c)''.
0
C. By amending paragraph 5 by removing the number ``12'' and adding, in 
its place, the number ``25''.
0
D. By amending paragraph 6 by removing the reference ``23 U.S.C. 
139(b)'' and add, in its place, the reference ``23 U.S.C. 
103(c)(4)(B)''. The revision reads as follows:

Appendix A to Subpart A of Part 470--Guidance Criteria for Evaluating 
Requests for Interstate System Designations under 23 U.S.C. 
103(c)(4)(A) and (B)

* * * * *

Appendix B to Subpart A of Part 470--[AMENDED]

0
6. Amend Appendix B to Subpart A of Part 470 as follows:
0
A. By amending the introductory paragraph by removing the reference 
``23 U.S.C. 139(a)'' and adding, in its place, the reference ``23 
U.S.C. 103(c)(4)(A)''.
0
B. By amending paragraph 1 by removing the words ``and Regional 
Offices'' and add, in their place, the words ``Office'' in each place 
it appears.

Appendix C to Subpart A of Part 470--POLICY FOR THE SIGNING AND 
NUMBERING OF FUTURE INTERSTATE CORRIDORS DESIGNATED BY SECTION 332 OF 
THE NHS DESIGNATION ACT OF 1995 OR DESIGNATED UNDER 23 U.S.C. 139(b) 
[AMENDED]

0
7. Amend Appendix C to Subpart A of Part 470 as follows:
0
A. By revising the appendix heading.
0
B. By amending Conditions paragraph 1 by removing the reference ``23 
U.S.C. 139(b)'' and adding, in its place, the reference ``23 U.S.C. 
103(c)(4)(B)''.
0
C. By amending Conditions paragraph 6 by removing the word 
``Regional'', and adding, in its place, the word ``Division''.
    The revision reads as follows:

Appendix C to Subpart A of Part 470--POLICY FOR THE SIGNING AND 
NUMBERING OF FUTURE INTERSTATE CORRIDORS DESIGNATED BY SECTION 332 OF 
THE NHS DESIGNATION ACT OF 1995 OR DESIGNATED UNDER 23 U.S.C. 
103(c)(4)(B)

* * * * *
[FR Doc. 2011-2693 Filed 2-7-11; 8:45 am]
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