[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Proposed Rules]
[Pages 23239-23241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10692]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[FHWA Docket No. FHWA-1997-2262; Formerly FHWA 95-10]
RIN 2125-AD59
Advance Construction of Federal-Aid Projects
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The FHWA is proposing to amend the regulation for advance
construction of Federal-aid projects by removing the provisions that
prescribe the policies and procedures for the execution of the project
agreement for Federal-aid projects and for advancing the construction
of Federal-aid highway projects without obligating Federal funds
apportioned or allocated to the States. These provisions are no longer
consistent with section 115 of title 23, United States Code (U.S.C.),
due to technical amendments provided in the National Highway System
Designation Act of 1995 (NHS Act) and the Transportation Equity Act for
the 21st Century (TEA-21).
DATES: Comments must be received on or before June 30, 2003.
ADDRESSES: Mail or hand deliver comments for the docket number that
appears in the heading of this document to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590-0001, or submit electronically at
http://dms.dot.gov/submit. All comments should include the docket
number that appears in the heading of this document. All comments
received will be available for examination and copying at the above
address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays. Those desiring notification of receipt of comments
must include a self-addressed, stamped postcard or you may print the
acknowledgement page that appears after submitting comments
electronically. Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or
you may visit http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Max Inman, Federal-aid Financial
Management Division, (202) 366-2853, or Mr. Steve Rochlis, Office of
the Chief Counsel, (202) 366-1395, 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:
Electronic Access
Internet users may 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 (202) 512-1661. Internet
users may reach the Office of the Federal Register's home page at
http://www.archives.gov and the Government Printing Office's database
at http://www.access.gpo.gov/nara.
Background
The FHWA published an interim final rule on part 630, subpart G on
July 19, 1995, at 60 FR 36991. Interested persons were invited to
submit comments to FHWA Docket No. 95-10. (The FHWA rearranged its
docket system to accord with the electronic system adopted by the
Department of Transportation in 1997. The FHWA Docket No. 95-10 was
transferred and scanned as FHWA Docket No. 1997-2262.)
Section 115 of title 23, U.S.C., provides for the authorization of
advance construction projects. This statute allows States to advance
the construction of Federal-aid highway projects without requiring that
Federal funds be obligated at the time the FHWA approves the project.
States may proceed with projects using only State funds and then
request that Federal funds be made available at a later time. The State
may request that a project be converted to a regular Federal-aid
project at any time provided that sufficient Federal-aid funds and
obligation authority are available. The State may request a partial
conversion where only a portion of the Federal share of project costs
is obligated and the remainder may be converted at a later time
provided that funds are available. Only the amount converted is an
obligation of the Federal Government.
Section 308 of the NHS Act (Pub. L. 104-59, 109 Stat. 568, November
28, 1995) replaced 23 U.S.C. 115(d), relating to the amount of advance
construction that may be authorized. The previous limitation required
that future year authorizations be in effect one year beyond the fiscal
year for which an advance construction application was sought, thus
limiting that States' flexibility to advance construct projects during
the final year of an authorization act. The NHS Act replaced the
limitation with a requirement that advance construction projects be on
the approved Statewide Transportation Improvement Program (STIP). The
STIP covers a period of at least three years and is a financially
constrained program which is not limited to the period of the
authorization act. This change provided the States with more
flexibility in financing projects and developing financial plans which
in turn allows more projects to begin construction earlier.
The FHWA regulation governing the pre-construction procedures is
found at 23 CFR part 630. Currently, Sec. 630.707 outlines the
limitations are no longer in effect after the changes made to title 23,
U.S.C., section 115(d) by the NHS Act. Therefore, the FHWA proposes to
remove Sec. 630.707.
Section 1226(a) of the TEA-21, Pub. L. 105-178, 112 Stat. 107
(1998), as amended by Pub. L. 105-206, 112 Stat. 838 (1998), revised 23
U.S.C. 115 by removing subsections (b)(2) and (b)(3) relating to
payment of bond interest on certain Interstate construction projects
because it is obsolete; removed subsection (c) relating to completion
of projects; and redesignated subsection (d) as (c). Based on changes
in the law, the FHWA proposes to remove Sec. 630.705 (c), Sec.
630.705 (d) and
[[Page 23240]]
Sec. 630.711 relating to the payment of bond interest.
Discussion of Comments
We received five comments, all from State transportation
departments (California, Massachusetts, North Dakota, Virginia, and
Washington). Each comment welcomed changes in giving the States
flexibility to partially convert regular Federal-aid projects. One
comment (North Dakota) recommended that the regulation clearly state
that a project or partial project can be converted to a regular
Federal-aid project. Two of the five comments (California and
Massachusetts) proposed clearer language to the regulation in regard to
limitation. These States recommended that the regulation read that an
advance construction project is limited to a State's expected
apportionment of authorized funds which are eligible to finance the
project. While the FHWA agrees that these recommendations will help
clarify, we believe by removing the sections we propose to remove that
the regulation will be clearer and easier to understand.
Rulemaking Analyses and Notices
All comments received before 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
the 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 proposal and has
determined that it is not a significant rulemaking action within the
meaning of Executive Order 12866 or significant within the meaning of
Department of Transportation regulatory policies and procedures. It is
anticipated that the economic impact of this rulemaking would be
minimal; therefore, a full regulatory evaluation is not required. These
proposed changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another agency and would not
materially alter the budgetary impact of any entitlements or grants.
This rulemaking proposes to amend current regulations governing the
advance construction of Federal-aid projects based on changes in law.
It is not anticipated that these proposed changes would affect the
Federal funding allocated to the states. Consequently, 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 proposed rule on small
entities. The FHWA does not believe that this proposed action would not
have a significant economic impact on a substantial number of small
entities. 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 proposal would not have a significant economic impact on a
substantial number of small entities.
Executive Order 13132 (Federalism)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132 dated August
4, 1999, and it has been determined that this proposal would not have a
substantial direct effect or sufficient federalism implications on
States that would limit the policymaking discretion of the States.
Nothing in this proposal directly preempts any State law or regulation.
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.
Unfunded Mandates Reform Act of 1995
This proposed action would not impose a Federal mandate resulting
in the expenditure by State, local, tribal governments, in the
aggregate, or by the sector, of $100 million or more in any year. (2
U.S.C. 1531 et seq.)
Executive Order 12630 (Taking of Private Property)
This proposed action would not affect a taking of private property
or otherwise have taking implications under Executive Order 12630.
Governmental Actions and Interface with Constitutionally Protected
Property Rights.
Executive Order 12988 (Civil Justice Reform)
This proposed 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 proposed action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This action does not involve an economically significant rule
and does not concern an environmental risk to health or safety that may
disproportionately affect children.
Paperwork Reduction Act
This proposed action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The FHWA has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 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.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed action under Executive Order
13175, and believes that the proposed action would not have substantial
direct effects on one or more Indian tribes; would not impose
substantial direct compliance costs on Indian tribal governments; and
would not preempt tribal law. Therefore, a tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this proposed action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have 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 is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects under Executive Order
13211 is not required.
[[Page 23241]]
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 ear. The RIN number 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 630
Bonds, Government contracts, Grant programs; transportation,
Highways and roads, Reporting and recordkeeping requirements.
Issued on: April 25, 2003.
Mary E. Peters,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
23, Code of Federal Regulations, as set forth below:
PART 630--[REVISED]
1. The authority citation for part 630 continues to read as
follows:
Authority: 23 U.S.C. 106, 109, 315, 320, and 402(a); 23 CFR
1.32; and 49 CFR1.48(b).
Subpart G--Advance Construction of Federal-Aid Projects [Revised]
Sec. 630.705 [Amended]
2. In Sec. 630.705, remove paragraphs (c) and (d).
Sec. 630.707 [Removed and Reserved]
3. Remove and reserve Sec. 630.707.
Sec. 630.711 [Removed]
4. Remove Sec. 630.711.
[FR Doc. 03-10692 Filed 4-30-03; 8:45 am]
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