Commercial Activities on Interstate Rest Areas

Gregory G. Nadeau
Federal Highway Administration
27 September 2016

[Federal Register Volume 81, Number 187 (Tuesday, September 27, 2016)]
[Notices]
[Pages 66324-66325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23269]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2016-0021]


Commercial Activities on Interstate Rest Areas

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

ACTION: Notice; request for comments.

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SUMMARY: The FHWA is interested in gathering public comments on how 
certain provisions of the current law surrounding commercial activities 
in rest areas should be interpreted and applied in consideration of 
advancements in technology and the interests of the States.

DATES: Comments must be received on or before December 27, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays. The telephone number is 202-
366-9329.
     Instructions: You must include the agency name and docket 
number at the beginning of your comments. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: For questions about this notice 
contact Virgil Pridemore, Office of Real Estate Services, telephone at 
202-366-2058, or via email at Virgil.pridemore@dot.gov. For legal 
questions, please contact Robert Black, FHWA Office of the Chief 
Counsel, telephone at 202-366-1359, or via email at 
Robert.black@dot.gov. Business hours for the FHWA are from 8:00 a.m. to 
4:30 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may retrieve a copy of the notice 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 Web site at http://www.archives.gov/federal_register and the Government Publishing 
Office's Web page at http://www.gpoaccess.gov.

Background

    The FHWA provides financial aid (Federal-aid) to States for the 
construction, maintenance and operation of highway transportation 
facilities that are primarily on the National Highway System (NHS). The 
NHS consists of highways important to the Nation's economy, defense, 
and mobility, including the Interstate System.
    States that receive Federal-aid for their NHS highway facilities or 
who wish to maintain eligibility to receive it must adhere to 
applicable Federal statutes and regulations. Section 111, of Title 23, 
United States Code, and 23 CFR 752.5 prohibit over the counter sales of 
merchandise in rest areas located on the Interstate. Allowable 
commercial activity in rest areas on the Interstate System includes:
     Installation of commercial advertising and media displays, 
if such advertising and displays are exhibited solely within any 
facility constructed in the rest area and are not legible from the main 
traveled way;
     sale of items designed to promote tourism in the State, 
limited to books, DVDs, and other media;
     sale of tickets for events or attractions in the State of 
a historical or tourism-related nature;

[[Page 66325]]

     distribution of travel-related information, including 
maps, travel booklets, and hotel coupon booklets;
     installation and operation of lottery machines; and
     installation and operation of vending machines which may 
only dispense such food, drink, and other articles as the State 
transportation department determines are appropriate and desirable and 
which are operated in accordance with the Randolph-Sheppard Act of 1936 
found at 20 U.S.C. 107.
    Recently, several State departments of transportation have raised 
questions about what constitutes a vending machine and consequently 
what can or should be allowed in Interstate rest areas. There is 
currently no definition of vending machine either in the statute at 23 
U.S.C. 111 or the regulation at 23 CFR 752.5. The current regulation 
and law have remained substantially the same and have not defined the 
term ``vending machine'' for more than 30 years. At the time of 
publication of both the statute and final rule, vending machines were 
generally similar in that they accepted coins or paper currency, were 
operated by either a push button or a pull lever, and dispensed similar 
limited products. In the last several years, however, technology has 
evolved well beyond the types of machines that were available when the 
law was enacted and the final regulation was published. Vending 
machines can now accept electronic means of payment and can vend a 
continually evolving and broad range of products. Additionally, there 
is now technology that is similar to vending machines, but not in 
existence at the time the statute was enacted. For example, self-serve 
kiosks at which the customer scans the goods for sale and then pays by 
cash or electronic method and which requires no assistance from either 
the kiosk owner or employee have become readily available.
    The FHWA is interested in gathering public comments on how certain 
provisions of the current law should be interpreted and applied in 
consideration of advancements in technology and the interests of the 
States. Specifically, FHWA is interested in comments concerning the 
definition of vending machines. The FHWA is also interested in public 
input concerning the provision of law that allows the sale of items 
designed to promote tourism in the State, currently limited to books, 
DVDs, and other media.
    Specific questions to guide the input are as follows:
     Considering advances in technology, what defines a vending 
machine in today's world?
     What types of ``media'' should be considered as promoting 
tourism in the State?
     Should local agricultural products be considered media 
that promotes tourism?
     Are there other commercial activities that should be 
allowed consistent with Federal law?
     Is there a need for additional Federal guidance on 
commercial activities in Interstate rest areas, and if so, what should 
the guidance address?

    Authority: 23 U.S.C. 111, 315, and 502(b); 23 CFR 752.5.

    Issued on: September 19, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-23269 Filed 9-26-16; 8:45 am]
 BILLING CODE 4910-22-P