[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Proposed Rules]
[Pages 47746-47749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22701]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Chapter I
[FHWA Docket No. FHWA-99-4968]
RIN 2125-AE53
Federal Lands Highway Program; Transportation Planning Procedures
and Management Systems Pertaining to the Bureau of Indian Affairs and
the Indian Reservation Roads Program
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Advance notice of proposed rulemaking (ANPRM); request for
comments.
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SUMMARY: The FHWA seeks public comment concerning the development of
transportation planning procedures affecting Federal land management
agencies and management systems pertaining to pavement, bridge, safety
and congestion for roads funded under the Federal lands highway program
(FLHP). This ANPRM requests comments on the advisability of the FHWA,
in consultation with the Bureau of Indian Affairs (BIA), to develop a
rule to meet the transportation planning and management systems
requirements of the Transportation Equity Act for the 21st Century
(TEA-21) pertaining to the BIA and the Indian reservation roads
program. This ANPRM also requests comments on a number of specific
issues concerning transportation planning procedures and management
systems pertaining to the BIA and the Indian reservation roads program.
Section 1115(d) of the TEA-21 requires the Secretary of Transportation,
in consultation with appropriate Federal land management agencies, to
develop transportation planning procedures that are consistent with the
metropolitan and statewide transportation planning processes required
under 23 U.S.C. 134 and 135. The TEA-21 also requires the Secretary of
Transportation and the Secretary of each appropriate Federal land
management agency to develop, to the extent appropriate, safety,
bridge, pavement, and congestion management systems for roads funded
under the FLHP. The roads funded under the FLHP include park roads and
parkways, forest highways, refuge roads, and Indian reservation roads.
The FHWA was delegated the authority by the Secretary to serve as the
lead agency within the DOT to implement the FLHP.
DATES: Comments must be received on or before November 1, 1999.
ADDRESSES: Your signed, written comments must refer to the docket
number appearing at the top of this document and you must submit the
comments to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400
Seventh Street, SW., Washington, DC 20590-0001. All comments received
will be available for examination at the above address between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments must include a self-
addressed, stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Schneider, Federal Lands
Highway Office, HFPD-2, (202) 366-6799; or Ms. Grace Reidy, Office of
the Chief Counsel, HCC-32, (202) 366-6226, Federal Highway
Administration, 400
[[Page 47747]]
Seventh Street, SW., Washington, DC 20590-0001. Office hours are from
7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's web page at:
http://www.access.gpo.gov/nara.
Background
Section 1115(d) of TEA-21 (Pub. L. 105-178, 112 Stat. 107, 156
(1998)) amended 23 U.S.C. 204. Section 204 now requires the development
of uniform transportation planning procedures affecting Federal land
management agencies and management systems pertaining to roads funded
under the FLHP. Section 1115(d)(1) of TEA-21 requires the Secretary of
Transportation, in consultation with the Secretary of each appropriate
Federal land management agency, to develop transportation planning
procedures that are consistent with the metropolitan and statewide
transportation planning processes required under 23 U.S.C. 134 and 135.
Section 1115(d)(1) of TEA-21 also requires the Secretary of
Transportation and the Secretary of each appropriate Federal land
management agency, to the extent appropriate, to develop safety,
bridge, pavement and congestion management systems for roads funded
under the FLHP. The roads funded under the FLHP include park roads and
parkways, forest highways, refuge roads and Indian reservation roads.
The FHWA has the lead for the Department of Transportation in these
efforts.
The FHWA is contemplating developing four rules to meet the
requirements of TEA-21. Under this approach, separate rules would be
developed pertaining to the National Park Service and the park roads
and parkways program; the FWS and the refuge roads program; the Bureau
of Indian Affairs and the Indian reservations roads program; and the
Forest Service and the forest highway program. The FHWA would consider
developing a ``separate rule'' pertaining to each agency and program
area because the ownership, jurisdictional, and maintenance
responsibilities for the roads in each program area are significantly
different; therefore, we anticipate that each rule would be moderately
different. The variances between the rules would allow for the
significant differences in the ownership, jurisdictional, and
maintenance responsibilities that the agencies exercise over the
subject roadways to be addressed in the rules. To ensure uniformity
between the four separate rules, however, the FHWA would coordinate the
development of each rule, ensuring that similar text and format is
contained in each of the rules. This ANPRM requests comments on the
proposal for the FHWA, in consultation with the BIA, to develop a
``separate rule'' to meet the transportation planning and management
systems requirements of TEA-21 pertaining to the BIA and the Indian
reservation roads program. Additionally, this ANPRM requests comments
on the alternative of developing ``one rule'' that would apply to all
four agencies and programs. Finally, this ANPRM also requests comments
on a number of other specific issues concerning transportation planning
procedures and management systems pertaining to the BIA and the Indian
reservation roads program. The specific issues are listed, as follows:
What types of institutions or efforts are needed to
coordinate an Indian reservation's or Indian trust land's or restricted
Indian land's transportation planning with State, local and tribal
governments?
How should an Indian reservation's or Indian trust land's
or restricted Indian land's transportation planning and development be
coordinated with the metropolitan and statewide planning processes?
How should the transportation planning process address the
need to minimize transportation's adverse impacts on Indian
reservations or Indian trust lands or restricted Indian lands and
surrounding areas?
How should the transportation planning procedures address
the accommodation of various modes of transportation in Indian
reservations or Indian trust lands or restricted Indian lands?
How should the management systems requirements be
addressed?
Indian reservation roads are public roads that are located within
or provide access to an Indian reservation, or Indian trust land, or
restricted Indian land which is not subject to fee title alienation
without approval of the Federal Government, or Indian and Alaska Native
villages, groups, or communities in which reside Indians or Alaskan
Natives, whom the Secretary of the Interior has determined are eligible
for services generally available to Indians under Federal laws
specifically applicable to Indians. Indian reservation roads are under
the jurisdiction of, and maintained by, State departments of
transportation, local authorities, the BIA or tribal governments.
Transportation planning for this roadway network is performed by
numerous public entities depending upon ownership, liability, and
construction and maintenance agreements of the roadways. Therefore,
transportation planning procedures would be developed that provide
guidance for performing and systematizing coordinated transportation
planning for this roadway network. Management systems would be
developed that support the transportation planning efforts.
To ensure that the full range of issues related to this anticipated
rulemaking process are addressed and all significant issues identified,
comments and suggestions are invited from all interested parties.
Comments and questions concerning this proposed action should be
directed to the FHWA at the address provided above. Likewise, in
separate advance notices of proposed rulemaking published elsewhere in
today's Federal Register, FHWA Docket No. FHWA-99-4967, Federal Lands
Highway Program; Transportation Planning Procedures and Management
Systems Pertaining to the National Park Service and the Park Roads and
Parkways Program, FHWA Docket No. FHWA-99-4969, Federal Lands Highway
Program; Transportation Planning Procedures and Management Systems
Pertaining to the Forest Service and the Forest Highways Program, FHWA
Docket No. FHWA-99-4970, Federal Lands Highway Program; Transportation
Planning Procedures and Management Systems Pertaining to the Fish and
Wildlife Service and the Refuge Roads Program, the FHWA is seeking
public comment on the propriety of developing transportation planning
procedures affecting other Federal land management agencies and
management systems pertaining to other roads funded under the FLHP.
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 using the docket number appearing at the top of this
document in
[[Page 47748]]
the docket room at the above address. The FHWA will file comments
received after the comment closing date in the docket and will consider
late comments to the extent practicable. In addition to late comments,
the FHWA will also continue to file, in the docket, relevant
information becoming 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 determined preliminarily that the contemplated rule
would be a significant regulatory action within the meaning of
Executive Order 12866 and the regulatory policies and procedures of the
Department of Transportation because of the substantial public interest
anticipated in the transportation facilities on Indian reservations or
Indian trust lands or restricted Indian lands which are not subject to
fee title alienation without approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in which
reside Indians or Alaskan Natives, whom the Secretary of the Interior
has determined are eligible for services generally available to Indians
under Federal laws specifically applicable to Indians. There is also
substantial interest by Federal, State, regional, local and tribal
governments, and private groups due to the necessary coordination with
these organizations when transportation planning is being performed for
transportation facilities within and approaching Indian reservations or
Indian trust lands or restricted Indian lands which are not subject to
fee title alienation without approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities in which
reside Indians or Alaskan Natives, whom the Secretary of the Interior
has determined are eligible for services generally available to Indians
under Federal laws specifically applicable to Indians.
It is anticipated that the economic impact of any action taken in
this rulemaking process will be minimal. Any changes are not
anticipated to adversely affect, in a material way, any sector of the
economy. In addition, any changes are not likely to interfere with any
action taken or planned by another agency or to materially alter the
budgetary impact of any entitlement, grants, user fees, or loan
programs.
Based upon the information received in response to this action, the
FHWA intends to carefully consider the costs and benefits associated
with this rulemaking. Accordingly, comments, information, and data are
solicited on the economic impact of the changes described in this
document or any alternative proposal submitted.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), and based upon the information received in response to this
ANPRM, the FHWA will evaluate the effects of any action proposed on
small entities. This ANPRM will only generate comments and discussions
on transportation planning procedures and management systems pertaining
to pavement, bridge, safety, and congestion for FLHP-funded roads in
accordance with existing laws, regulations, and guidance. If the final
rule contemplated in this ANPRM is promulgated, States may be affected
by the rule due to the possibility of expending additional resources
during the transportation planning process, although it is anticipated
that any additional expenditures would be minor. Because the States are
not included in the definition of ``small entity'' set forth in 5
U.S.C. 601, we do not anticipate that any transportation planning
procedures or management systems requirements would have substantial
economic impact on small entities within the meaning of the Regulatory
Flexibility Act. We encourage commenters to evaluate any options
addressed here with regard to the potential for impact, however, and to
formulate their comments accordingly.
Unfunded Mandates Reform Act of 1995
This ANPRM would not impose a Federal mandate resulting in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year (2
U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform
Act of 1995, the FHWA will evaluate any regulatory action that might be
proposed in subsequent stages of the proceeding to assess the effects
on State, local, and tribal governments and the private sector.
Executive Order 12612 (Federalism Assessment)
Any action that might be proposed in subsequent stages of this
proceeding will be analyzed in accordance with the principles and
criteria contained in Executive Order 12612. Given the nature of the
issues involved in this proceeding, the FHWA anticipates that any
action contemplated will not have sufficient federalism implications to
warrant the preparation of a federalism assessment. Nor does the FHWA
anticipate that any action taken would preempt any State law or State
regulation or affect the States' ability to discharge traditional State
governmental functions. We encourage commenters to consider these
issues, however, as well as matters concerning any costs or burdens
that might be imposed on the States as a result of actions considered
here.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal 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. Accordingly, the
FHWA solicits comment on this issue.
Paperwork Reduction Act
Any action that might be contemplated in subsequent phases of this
proceeding is not likely to involve a collection of information
requirement for the purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-3520, or information collection requirements not already
approved for transportation planning and management systems. The FHWA,
however, will evaluate any actions that might be considered in
accordance with the terms of the Paperwork Reduction Act.
National Environmental Policy Act
The agency also will analyze any action that might be proposed for
the purpose of the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4347) to assess whether there would be any effect on the quality
of the environment.
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 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 Chapter I
Bridge and congestion management systems, Bridges, Defense access
roads, Forest highways, Highways and roads, Metropolitan transportation
planning, Pavement, Safety, Statewide
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transportation planning, and Traffic monitoring systems.
(Authority: 23 U.S.C. 134, 135, 204, and 315; sec. 1115, Pub.L. 105-
178, 112 Stat. 107 (1998); 49 CFR 1.48.)
Issued on: August 25, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
[FR Doc. 99-22701 Filed 8-31-99; 8:45 am]
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