[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Rules and Regulations]
[Pages 12847-12849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5410]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 460

RIN 2125-AF42


Public Road Mileage for Apportionment of Highway Safety Funds; 
Correction

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Correcting amendment.

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SUMMARY: This rule makes a technical correction to the regulations 
found at 23 CFR 460.2(e). The amendment contained herein makes no 
substantive change to the FHWA regulations, policies, or procedures. 
This rule updates the language of a regulatory definition to be 
consistent with the statutory definition for the Highway Safety 
Program.

DATES: This rule is effective April 8, 2011.

[[Page 12848]]


FOR FURTHER INFORMATION CONTACT: Ron Erickson, Office of Highway Policy 
Information, (202) 366-5033, [email protected], or Michael Harkins, 
Office of the Chief Counsel, (202) 366-4928, [email protected], 
1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours for the 
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 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.gpoaccess.gov/nara.

Background

    This rule makes a technical correction to the regulations that 
govern the public road mileage for apportionment of highway safety 
funds. These regulations, found at 23 CFR part 460, were drafted in 
1975. The definition of ``State'' found at 23 CFR 460.2(e) was intended 
to mirror the definition of ``State'' for the Highway Safety Program 
contained in 23 U.S.C. 401. Later, the Surface Transportation and 
Uniform Relocation Assistance Act of 1987 (Pub. L. 100-17, Apr. 2, 
1987, 101 Stat. 132) substituted ``American Samoa, and the Commonwealth 
of the Northern Mariana Islands'' for ``and American Samoa'' in the 
language found at 23 U.S.C. 401. The regulations were not updated to 
reflect the change to the statutory definition. While the FHWA has used 
the definition found at 23 U.S.C. 401, the omission of the Commonwealth 
of the Northern Mariana Islands could cause confusion. As such, the 
FHWA is updating the definition of ``State'' at 460.2(e) to reflect the 
statutory language of 23 U.S.C. 401.

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 FHWA does not 
anticipate receiving meaningful comments on it. States, local 
governments, and their consultants rely upon the regulations corrected 
by this action. This correction 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 U.S. Department of Transportation 
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 460. 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. 60l-612) the FHWA has evaluated the effects of this action on 
small entities and have 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 the 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

[[Page 12849]]

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 460

    Grant programs--transportation, Highway safety, Reporting and 
recordkeeping requirements.

    Issued on: February 18, 2011.
Victor M. Mendez,
Administrator.

    In consideration of the foregoing, 23 CFR part 460 is amended as 
set forth below.

PART 460--PUBLIC ROAD MILEAGE FOR APPORTIONMENT OF HIGHWAY SAFETY 
FUNDS

0
1. The authority citation for part 460 continues to read as follows:

    Authority:  23 U.S.C. 315, 402(c); 49 CFR 1.48.

0
2. Amend Sec.  460.2 by revising paragraph (e) to read as follows:


Sec.  460.2  Definitions.

* * * * *
    (e) State means any one of the 50 States, the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. For the purpose of the 
application of 23 U.S.C. 402 on Indian reservations, State and Governor 
of a State include the Secretary of the Interior.

[FR Doc. 2011-5410 Filed 3-8-11; 8:45 am]
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