[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Rules and Regulations]
[Pages 21709-21710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09983]



Federal Highway Administration

23 CFR Part 710

RIN 2125-AF77

Right-of-Way and Real Estate; Correction

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Correcting amendment.


SUMMARY: This rule makes a technical correction to the regulations 
concerning right-of-way and real estate. The amendment contained herein 
makes no substantive change to the FHWA regulations, policies, or 
procedures. This rule updates the language to move a misplaced word.

DATES: This rule is effective June 11, 2018.

FOR FURTHER INFORMATION CONTACT: Arnold Feldman, Office of Real Estate 
Services, (202) 366-2028, [email protected]; or Hannah Needleman, 
Office of the Chief Counsel, (202) 366-1345, [email protected]; 
Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., 
e.t., Monday through Friday, except Federal holidays.


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 Publishing Office's web page at: http://www.gpoaccess.gov/nara.


    This rule makes a technical correction to the regulations that 
govern Direct Federal Acquisition to correct a misplaced word in the 
first sentence of 23 CFR 710.603(a). The preamble to the Final Rule (81 
FR 57716, August 23, 2016) discusses this sentence and makes clear that 
no changes would be made to the sentence proposed in the NPRM (79 FR 
69998, November 24, 2014). However, the regulatory text adopted 
switches the order of the words in the sentence. This action corrects 
the regulatory text to reduce confusion and reflect the Agency's 
intended language. Specifically, the word ``not'' is relocated so that 
the current relevant portion of language is changed from ``[t]he 
provisions of this paragraph may not be applied to any real property 
that is owned by the United States'' to read ``[t]he provisions of this 
paragraph may be applied to any real property that is not owned by the 
United States.''

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,) Executive Order 
13563 (Improving Regulation and Regulatory Review), Executive Order 
13771 (Reducing Regulations and Controlling Regulatory Costs), 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 the 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 a 
minor correction that will not in any way alter the regulatory effect 
of 23 CFR part 710. 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. This action complies with E.O.s 
12866, 13563, and 13771 to improve regulation.

[[Page 21710]]

The FHWA considers this proposed rule to be an E.O. 13771 deregulatory 
action because it is intended to reduce confusion and reflect the 
Agency's intended language.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 60l-612) 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, 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 
twice 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 710

    Grant programs--transportation, Highways and roads, Real property 
acquisition, Reporting and recordkeeping requirements, Rights-of-way.

    Issued on: May 3, 2018.
Brandye L. Hendrickson,
Acting Administrator.

    In consideration of the foregoing, 23 CFR part 710 is amended as 
set forth below.


1. The authority citation for part 710 continues to read as follows:

    Authority:  Secs. 1302 and 1321, Pub. L. 112-141, 126 Stat. 405. 
Sec. 1307, Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101(a), 107, 
108, 111, 114, 133, 142(f), 156, 204, 210, 308, 315, 317, and 323; 
42 U.S.C. 2000d et seq., 4633, 4651-4655; 2 CFR 200.311; 49 CFR 
1.48(b) and (cc), parts 21 and 24; 23 CFR 1.32.

2. Amend Sec.  710.603 by revising the first sentence of paragraph (a) 
to read as follows:

Sec.  710.603  Direct Federal acquisition.

    (a) The provisions of this paragraph may be applied to any real 
property that is not owned by the United States and is needed in 
connection with a project for the construction, reconstruction, or 
improvement of any section of the Interstate System or for a Defense 
Access Road project under 23 U.S.C. 210, if the SDOT is unable to 
acquire the required ROW or is unable to obtain possession with 
sufficient promptness. * * *
* * * * *
[FR Doc. 2018-09983 Filed 5-9-18; 8:45 am]