[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Notices]
[Pages 321-322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33732]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2011-0125]


Section 4(f) Policy Paper

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; Request for comments.

-----------------------------------------------------------------------

SUMMARY: This is a notice and request for comments on a draft Section 
4(f) Policy Paper that will provide guidance on the procedures the FHWA 
will follow when approving the use of land from publicly owned public 
parks, recreation areas, wildlife and waterfowl refuges, and public or 
private historic sites for Federal highway projects.

DATES: Comments must be received on or before February 3, 2012.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, or fax comments to (202) 493-
2251. Alternatively, comments may be submitted to the Federal 
eRulemaking portal at http://www.regulations.gov. All comments must 
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 you may 
print the acknowledgment page that appears after submitting comments 
electronically. Anyone is able to search the electronic form of all 
comments in any one of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, or labor union). Anyone 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: For questions about the notice 
discussed herein, contact Ms. MaryAnn Naber, Federal Preservation 
Officer, FHWA Office of Planning, Environment, and Realty, (202) 366-
2060, or via email at [email protected]. For legal questions, 
please contact Ms. Diane Mobley, Attorney Advisor, FHWA Office of the 
Chief Counsel, (202) 366-1366, or via email at [email protected]. 
Business 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 and Filing

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at: http://www.regulations.gov. The Web site is 
available 24 hours each day, 365 days each year. Electronic submission 
and retrieval help and guidelines are available under the help section 
of the Web site.
    An electronic copy of this document may also be downloaded from 
Office of the Federal Register's home page at: http://www.archives.gov/federal_register and the Government Printing Office's Web page at: 
http://www.fdsys.gov. Late comments will be considered to the extent 
practicable.

Background

    A copy of the proposed Section 4(f) Policy Paper is available for 
download and public inspection under the docket number noted above at 
the Federal eRulemaking portal at: http://www.regulations.gov. The FHWA 
invites comments on the proposed policy paper. The FHWA requests that 
commenters cite the page number of the policy paper for which each 
specific comment to the docket is concerned, to help make the FHWA's 
docket comment review process more efficient.
    The Section 4(f) Policy Paper was written primarily to aid FHWA 
personnel with administering Section 4(f) in a consistent manner across 
the country and is intended to supplement the FHWA's regulations 
governing Section 4(f). Section 4(f) concerns the use of land from 
publicly owned parks, recreation areas, wildlife and waterfowl refuges, 
and public or private historic sites for Federal highway projects. 
Although these requirements are now codified at 23 U.S.C. 138 and 49 
U.S.C. 303, the subject matter remains commonly referred to as 
``Section 4(f)'' because the requirements originated in Section 4(f) of 
the Department of Transportation Act of 1966 (Pub. L. 89-670, 80 Stat. 
931). The FHWA's Section 4(f) regulations, entitled ``Parks, Recreation 
Areas, Wildlife and Waterfowl Refuges, and Historic Sites,'' were 
promulgated in 2008 and are codified at 23 CFR Part 774. When 
finalized, this draft Section 4(f) Policy Paper will replace the 
previous Section 4(f) Policy Paper that was issued by FHWA in 2005. 
Congress amended Section 4(f) in Section 6009 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) (Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144). This 
draft Section 4(f) Policy Paper incorporates the changes required by 
Section 6009 of SAFETEA-LU and the 2008 regulations.
    Comments on the draft Section 4(f) Policy Paper are welcome from 
any interested party, including highway project applicants; Federal, 
State, and local resource agencies; industry trade groups; 
environmental organizations; and the general public. The FHWA will 
consider all comments received during the comment period prior to 
finalizing the Section 4(f) Policy Paper.


[[Page 322]]


    Authority: 23 U.S.C. 101, 109, 138 and 139; 23 CFR 1.32 and 774; 
49 U.S.C. 303; and, 49 CFR 1.48(b).

    Issued on: December 21, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-33732 Filed 1-3-12; 8:45 am]
BILLING CODE 4910-22-P