99-22703. Federal Lands Highway Program; Transportation Planning Procedures and Management Systems Pertaining to the Fish and Wildlife Service and the Refuge Roads Program  

  • [Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
    [Proposed Rules]
    [Pages 47741-47744]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22703]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF TRANSPORTATION
    
    Federal Highway Administration
    
    23 CFR Chapter I
    
    [FHWA Docket No. FHWA-99-4970]
    RIN 2125-AE54
    
    
    Federal Lands Highway Program; Transportation Planning Procedures 
    and Management Systems Pertaining to the Fish and Wildlife Service and 
    the Refuge Roads Program
    
    AGENCY: Federal Highway Administration (FHWA), DOT.
    
    ACTION: Advance notice of proposed rulemaking (ANPRM); request for 
    comments.
    
    -----------------------------------------------------------------------
    
    [[Page 47742]]
    
    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 Fish and Wildlife Service (FWS), 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 FWS and the refuge roads program. This ANPRM 
    also requests comments on a number of specific issues concerning 
    transportation planning procedures and management systems pertaining to 
    the FWS and the refuge 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 Seventh Street, SW., Washington, D.C. 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 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 by rule 
    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 FWS, to develop a 
    ``separate rule'' to meet the transportation planning and management 
    systems requirements of TEA-21 pertaining to the FWS and the refuge 
    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 FWS and the refuge 
    roads program. The specific issues are listed, as follows:
         What types of institutions or coordination efforts are 
    needed to coordinate an FWS unit's transportation planning with State, 
    local and tribal governments?
         How should an FWS unit'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 fish and wildlife 
    areas owned and maintained by the FWS and on surrounding areas?
         How should the transportation planning procedures address 
    the accommodation of various modes of transportation in FWS units?
         How should the management systems requirements be 
    addressed?
        Refuge roads are public roads that provide access to or within a 
    unit of the National Wildlife Refuge System and for which the title and 
    maintenance responsibilities are vested in the United States. A vast 
    majority of the refuge roads are owned and maintained by the FWS. 
    Changes to the refuge transportation system may affect the
    
    [[Page 47743]]
    
    surrounding transportation system; and changes to the surrounding 
    transportation system may significantly affect the refuge 
    transportation system. Therefore, transportation planning procedures 
    would be developed to provide guidance for systematizing transportation 
    planning within the refuges and to coordinate their transportation 
    planning efforts with other agencies and organizations. 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-99-4968, Federal Lands Highway 
    Program; Transportation Planning Procedures and Management Systems 
    Pertaining to the Bureau of Indian Affairs and the Indian Reservation 
    Roads 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, 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 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 Fish and Wildlife 
    system units. 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 the Fish and Wildlife system units.
        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
    
    [[Page 47744]]
    
    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 affect 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 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. 99-22703 Filed 8-31-99; 8:45 am]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Published:
09/01/1999
Department:
Federal Highway Administration
Entry Type:
Proposed Rule
Action:
Advance notice of proposed rulemaking (ANPRM); request for comments.
Document Number:
99-22703
Dates:
Comments must be received on or before November 1, 1999.
Pages:
47741-47744 (4 pages)
Docket Numbers:
FHWA Docket No. FHWA-99-4970
RINs:
2125-AE54: Federal Lands Highway Program; Management Systems Pertaining to the Fish and Wildlife Service, Including the Refuge Roads Program
RIN Links:
https://www.federalregister.gov/regulations/2125-AE54/federal-lands-highway-program-management-systems-pertaining-to-the-fish-and-wildlife-service-includi
PDF File:
99-22703.pdf
CFR: (1)
23 CFR None