[Federal Register Volume 60, Number 234 (Wednesday, December 6, 1995)]
[Proposed Rules]
[Pages 62359-62360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29647]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 667
[FHWA Docket No. 95-28]
RIN 2125-AD69
Elimination of Regulations Concerning the Public Lands Highways
Discretionary Funds Program
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM) to remove a regulation.
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SUMMARY: The FHWA is proposing to eliminate its regulations outlining
the procedures to be followed in administering the Public Lands
Highways (PLH) discretionary funds program. These provisions have
become outdated and unnecessary as a result of amendments made by the
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (Pub.
L. 102-240, 105 Stat. 1914) to the statutory provisions in title 23 of
the United States Code (U.S.C.) which authorize distribution of some of
the funds appropriated for Public Lands Highways among the States on
the basis of need. These amendments to title 23, U.S.C., significantly
modify and clarify the eligibility criteria and selection process of
the PLH discretionary program; as a result, the FHWA regulations
concerning the PLH discretionary program have become obsolete.
Consequently, in the interests of streamlining FHWA regulations and
providing more flexibility in the administration of this program, the
FHWA is proposing to eliminate these regulations.
DATES: Comments must be received on or before February 5, 1996.
ADDRESSES: Submit written, signed comments to FHWA Docket No. 95-28,
Federal Highway Administration, Room 4232, HCC-10, Office of the Chief
Counsel, 400 Seventh Street, SW., Washington, DC 20590. All comments
received will be available for examination at the above address between
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday, except Federal
holidays. Those desiring notice of receipt of comments must include a
self-addressed, stamped postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Mohan P. Pillay, Office of
Engineering, HNG-12, (202) 366-4655 or Mr. Wilbert Baccus, Office of
the Chief Counsel, HCC-32, (202) 366-1397, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Through the PLH Discretionary Program, the
FHWA administers the allocation of Federal funds in the manner
authorized by Sec. 202(b) of title 23 of the U.S.C. ``among those
States having unappropriated or unreserved public lands, nontaxable
Indian lands or other Federal reservations.'' Approximately $56 million
was made available to the States for the PLH Discretionary Program in
FY 1995. The statute directs that 34 percent of the sums appropriated
for public lands highways in a given fiscal year is to be allocated on
the basis of need among qualifying States that apply for such funds
through their State highway departments. (23 U.S.C. 202(b).) The
statute also provides that these PLH funds are available for any kind
of transportation project eligible for assistance under title 23,
U.S.C., that is within or adjacent to or provides access to public
lands areas. (23 U.S.C. 204(b).)
Although Congress did not direct that regulations be promulgated to
implement the funding scheme established by this statute, the FHWA did
promulgate regulations which outline the procedures for administering
the PLH discretionary program. These regulations, for the most part,
merely reiterate the application process and selection criteria
outlined in the statute. For instance, the statute establishes that PLH
discretionary funds are to be distributed on the basis of need among
the States that apply through their State highway departments and that
preference is to be given to those projects which are significantly
impacted by Federal land and resource management activities. Part 667
restates these provisions, but it also supplements the statutory
provisions with overly detailed descriptions of factors to be
considered in the selection process and of the steps taken in the
application and selection procedure. In addition, part 667 restates
some of the factors established in the statute as defining the
eligibility of certain projects for these funds.
The eligibility criteria and selection process of the PLH
discretionary program were modified and greatly clarified by amendments
to title 23, U.S.C., that were enacted as part of the ISTEA (Pub. L.
102-240, 105 Stat. 1914). One change resulting from these amendments is
that title 23, U.S.C., now provides a more detailed explanation of the
kinds of projects which are eligible for PLH discretionary funds. The
regulation delineating eligibility criteria in part 667 states that
funds may be used for ``engineering and construction of the mainline
roadway including adjacent vehicular parking areas and construction
elements related to scenic easements.'' (Sec. 667.7.) After the ISTEA
amendments, title 23, U.S.C., now includes a provision entitled
``Eligible Projects'' which lists adjacent vehicular parking areas and
acquisition of necessary scenic easements as two of seven types of
projects qualifying for PLH funds.
These PLH regulations have also now become inconsistent with title
23, U.S.C., as a result of the ISTEA amendments. Section 667.7 of the
regulations states that ``funds may not be used for right-of-way costs,
maintenance or other ancillaries such as sanitary, water and fire
control facilities''; however, the list of eligible projects added to
title 23, U.S.C. by the ISTEA includes, ``construction and
reconstruction of roadside rest areas including sanitary and water
facilities.'' Thus, in general, the provisions regarding eligibility
for PLH discretionary funds currently included in the FHWA regulations
have become both outdated and unnecessary.
Amendments to title 23, U.S.C., added by the ISTEA also modify the
selection process and the factors that will be taken into account in
allocating PLH discretionary funds among the States. As a result of the
ISTEA amendments, title 23, U.S.C., now states that preference will
still be given to projects which are significantly impacted by Federal
land and resource management activities, but now such preference will
be given only if these projects are proposed by a State which contains
at least 3 percent of the total public lands in the Nation. In light of
this statutory change, the regulations in part 667 have become outdated
because they provide that all projects which significantly benefit or
improve Federal land and resource management will be given preference.
Consequently, as this examination of part 667 reveals, these
regulations concerning the PLH discretionary program are unnecessary
and in many instances either straightforwardly redundant or outdated
because they have become inconsistent with the
[[Page 62360]]
authorizing statute. Therefore, the FHWA is proposing to eliminate part
667 as opposed to amending it to account for the changes brought about
by the ISTEA amendments. Elimination of these regulations would provide
more flexibility in administration of the PLH discretionary program. In
addition, elimination of part 667 would have the effect of further
streamlining FHWA regulations in accordance with the objectives of the
President's Regulatory Reinvention Initiative.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable, but the FHWA may issue a final
rule at any time after the close of the comment period. In addition to
late comments, the FHWA will also continue to file in the docket
relevant information that becomes available after the comment closing
date, and interested persons should continue to examine the docket for
new material.
Executive Order 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures)
The FHWA has considered the impact of this document and has
determined that it is neither a significant rulemaking action within
the meaning of Executive Order 12866 nor a significant rulemaking under
the regulatory policies and procedures of the Department of
Transportation. This rulemaking would result in the elimination of FHWA
regulations regarding administration of the PLH discretionary program.
These regulations have become outdated and are unnecessary in light of
the fact that the statutory provisions authorizing allocation of these
funds adequately delineate the procedures to be used and the factors to
be considered in selecting the States that will receive funding. This
rulemaking eliminating these obsolete regulations would not cause any
significant changes to the amount of funding available under the PLH
Discretionary Program or to the process by which applicants are
selected to receive funding. Thus, it is anticipated that the economic
impact of this rulemaking will be minimal. In addition, it will not
create a serious inconsistency with any other agency's action or
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs; nor will elimination of these regulations raise
any novel legal or policy issues. Therefore, a full regulatory
evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small entities
and has determined that elimination of the FHWA regulations regarding
administration of PLH discretionary funds will not have a significant
economic impact on a substantial number of small entities. Elimination
of these regulations will not affect the amount of funding available to
the States through the PLH Discretionary Program or the procedures used
to select the States eligible to receive these funds. Furthermore,
States are not included in the definition of ``small entity'' set forth
in 5 U.S.C. 601. Therefore, the FHWA hereby certifies that this action
will not have a significant economic impact on a substantial number of
small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not raise sufficient federalism implications to
warrant the preparation of a federalism assessment. Elimination of
these obsolete FHWA regulations concerning the PLH Discretionary
Program would not preempt any State law or State regulation. No
additional costs or burdens would be imposed on the States as a result
of this action, and the States' ability to discharge traditional State
governmental functions would not be affected by this rulemaking.
Executive Order 12372
Catalog of Domestic Assistance Program Number 20.205, Highway
Planning and Construction. The regulations implementing Executive Order
12372 regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This action does not create a collection of information requirement
for the purposes of the Paperwork Reduction Act of 1980, 44 U.S.C.
3501-3520.
National Environmental Policy Act
The FHWA has analyzed this rulemaking for the purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that this action would not have any effect on the quality of
the environment. Therefore an environmental impact statement is not
required.
Regulatory 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 RIN 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 667
Highways and roads, Public lands highway funds.
Issued on: November 27, 1995.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing and under the authority of 23
U.S.C. 202, 204, and 315, the FHWA proposes to remove and reserve part
667 of title 23, Code of Federal Regulations, as set forth below.
PART 667--PUBLIC LANDS HIGHWAYS FUNDS [REMOVED AND RESERVED]
1. Part 667 is removed and reserved.
[FR Doc. 95-29647 Filed 12-5-95; 8:45 am]
BILLING CODE 4910-22-P
