[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Rules and Regulations]
[Pages 19854-19856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9538]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 940
[FHWA Docket No. FHWA-99-5899]
RIN 2125-AE65
Intelligent Transportation System Architecture and Standards
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical corrections.
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SUMMARY: The purpose of this document is to issue a final rule to make
necessary technical corrections concerning Intelligent Transportation
Systems (ITS) Architecture and Standards. These corrections are
necessary because the effective date of the regulation was extended 60
days without any changes to two dates cited in the regulation that are
intended to be based on the effective date of the regulation. This rule
amends those dates to comply with the new effective date of the ITS
Architecture and Standards rule.
EFFECTIVE DATE: April 18, 2001.
FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Bob
Rupert, (202) 366-2194, Office of Travel Management (HOTM-1) and Mr.
Michael Freitas, (202) 366-9292, ITS Joint Program Office (HOIT-1). For
legal information: Mr. Wilbert Baccus, Office of the Chief Counsel
(HCC-32), (202) 366-1346, Federal Highway Administration, 400 Seventh
Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 4:30
p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
An electronic copy of this document may be downloaded by using a
computer, modem, and suitable communications software from the
[[Page 19855]]
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may reach the Office of the Federal Register's
home page at: http://www.nara.gov/fedreg and the Government Printing
Office's web site at: http://www.access.gpo.gov/nara.
Background
On January 8, 2001, at 66 FR 1446, the FHWA published a final
regulation regarding 23 CFR Parts 655 and 940, Intelligent
Transportation Systems Architecture and Standards. The effective date
of that regulation was February 7, 2001. The FHWA published a
supplemental regulation extending the effective date of that regulation
to April 8, 2001, at 66 FR 9198 on February 7, 2001.
The original regulation contained two dates upon which some
requirement of this regulation was based; specifically, in Secs. 940.9
and 940.11. Those dates were originally based on the effective date of
the regulation as published on January 8, 2001. The date specified in
Sec. 940.9(b) was intended to be four years from the effective date of
the regulation. The date specified in Sec. 940.11(g) was intended to be
the effective date of the regulation. When the effective date of the
regulation was changed by supplemental rulemaking to April 8, 2001,
those two dates cited in the regulation were not adjusted accordingly.
Therefore, the purpose of this rulemaking is to correct those two dates
to reflect the intent of the original rulemaking.
The FHWA's implementation of this rule without opportunity for
public comment, effective immediately upon publication today in the
Federal Register, is based on the good cause exceptions in 5 U.S.C.
sections 553(b)(3)(B) and 553(d)(3). Seeking public comment is
impractical, unnecessary, and contrary to public interest. The 60 day
delay in the effective date from February 7, 2001 to April 8, 2001, was
necessary to give Department officials the opportunity for further
review and consideration of the new regulations, consistent with the
Assistant to the President's memorandum of January 20, 2001. Given the
imminence of the effective date, seeking public comment on the changes
of these two dates would have been impractical, as well as contrary to
the public interest in the orderly promulgation and implementation of
regulations. These dates were originally based on the effective date of
the regulation as published on January 8, 2001. The dates must be
changed to comply with the new effective date as published on February
7, 2001. The imminence of the effective date and the impact that date
has on projects that have reached their final design by that date are
also good causes for making this action effective immediately upon
publication.
Summary of Requirements
This final rule changes two dates in Part 940, Intelligent
Transportation Systems Architecture and Standards. The date on which
regions that are implementing ITS must develop a regional architecture
will be changed from February 7, 2005, to April 8, 2005. The date by
which projects that have reached final design are exempt from the
project implementation requirements of Sec. 940.9 will be changed from
February 7, 2001, to April 8, 2001.
Rulemaking Analyses and Notices
The FHWA's issuance of this rule without prior notice and
opportunity for public comment, effective immediately upon publication
today in the Federal Register, is based on the good cause exceptions in
5 U.S.C. sections 553(b)(3)(B) and 553(d)(3). Seeking public comment is
impracticable and unnecessary. On February 7, the FHWA delayed the
effective date of its final rule until April 8. Given the imminence of
the new effective date, seeking public comment on the changes of the
two implementation dates contained in the rule is impractical, as well
as contrary to the orderly promulgation and implementation of
regulations.
Because these two implementation dates were based on the original
effective date of the regulation as published on January 8, 2001, these
two implementation dates now should be changed to comply with the new
effective date as published on February 7, 2001. Without this change,
the final rule would be effective on April 8, and would have a
retroactive impact on some projects based on the previous effective
date of February 7.
Moreover, the FHWA believes that further opportunity for public
comment on these two implementation dates is unnecessary, because in
its NPRM the FHWA had proposed that these two implementation dates be
calculated from the effective date of the final rule. Today's action
merely conforms the final rule to the new effective date announced on
February 7. In the NPRM, the FHWA proposed the requirement that any
region currently implementing ITS projects shall develop a regional
architecture within 2 years of the effective date of the final rule.
Commenters recommended extending this time to 4 years. The effect of
today's action is to make clear that, at the time the final rule goes
into effect on April 8, any region that is currently implementing ITS
projects shall develop a regional architecture within 4 years.
Furthermore, any ITS project that has advanced to final design by April
8 (rather than February 7) is exempt from the requirement that all ITS
projects conform to the regional ITS architecture.
For these same reasons discussed above, the FHWA believes good
cause exists for making this action effective immediately upon
publication.
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 the Department of Transportation's
regulatory policies and procedures. The economic impact, if any,
anticipated as a result of this action is so minimal, 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 action on small
entities and has determined that this action will not have a
significant economic impact on a substantial number of small entities.
This action is merely to correct dates in the rule to comply with the
delay in the effective date. For this reason, the FHWA certifies that
this action will not have a significant impact on a substantial number
of small entities.
Unfunded Mandates Reform Act of 1995
This action does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4, March 22, 1995,
109 Stat. 48). This rule will not result in an expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, dated August 4, 1999, and
the 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 State's ability
to discharge traditional State governmental functions.
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Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that this technical correction
will not have substantial direct effects on one or more Indian tribes;
will not impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal law. Therefore, a tribal
impact statement is not required.
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.
Paperwork Reduction Act of 1995
This action does not contain information collection requirements
for the purposes of the Paperwork Reduction Act of 1995, 44 U.S.C.
3501-3520.
Executive Order 12988 (Civil Justice Reform)
This action 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)
We have analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or safety that may
disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Government
Actions and Interference with Constitutionally Protected Property
Rights.
National Environmental Policy Act
The agency has analyzed this action for the purposes of the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-
4347), and has determined that this action will not have 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 Part 940
Design standards, Grant programs--transportation, Highways and
roads, Intelligent transportation systems.
Issued on: April 11, 2001.
Vincent F. Schimmoller,
Deputy Executive Director.
In consideration of the foregoing, the FHWA amends 23 CFR Part 940
as set forth below:
PART 940--INTELLIGENT TRANSPORTATION SYSTEM ARCHITECTURE AND
STANDARDS
1. The authority for 23 CFR part 940 continues to read as follows:
Authority: 23 U.S.C. 101, 106, 109, 133, 315, and 508; sec.
5206(e), Pub. L. 105-178, 112 Stat. 457 (23 U.S.C. 502 note); and 49
CFR 1.48.
Sec. 940.9 [Amended]
2. In Sec. 940.9, correct the date ``February 7, 2005'' in
paragraph (b) to read ``April 8, 2005.''
Sec. 940.11 [Amended]
3. In Sec. 940.11, correct the date ``February 7, 2001'' in
paragraph (g) to read ``April 8, 2001.''
[FR Doc. 01-9538 Filed 4-17-01; 8:45 am]
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