Highway Systems; Technical Correction |
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Victor M. Mendez
Federal Highway Administration
February 8, 2011
[Federal Register: February 8, 2011 (Volume 76, Number 26)]
[Rules and Regulations]
[Page 6690-6692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe11-3]
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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a section of Title 23 of the United States Code that was later repealed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 This rule also corrects outdated and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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