[Federal Register Volume 68, Number 5 (Wednesday, January 8, 2003)]
[Proposed Rules]
[Pages 1080-1088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-102]
[[Page 1079]]
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Part II
Department of Transportation
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Federal Highway Administration
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23 CFR Parts 970, 971, 972, and 973
Federal Lands Highway Program; Proposed Rules
Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 /
Proposed Rules
[[Page 1080]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 970
[FHWA Docket No. FHWA-99-4967]
RIN 2125-AE52
Federal Lands Highway Program; Management Systems Pertaining to
the National Park Service and the Park Roads and Parkways Program
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The Transportation Equity Act for the 21st Century (TEA-21),
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 Federal Lands Highway program
(FLHP). The Secretary of Transportation has delegated the authority to
the FHWA to serve as the lead agency within the U.S. DOT to implement
the FLHP. The roads funded under the FLHP include Park Roads and
Parkways, Forest Highways, Refuge Roads, and Indian Reservation Roads.
This rulemaking proposes to provide for the development and
implementation of safety, bridge, pavement, and congestion management
systems for transportation facilities under National Park Service (NPS)
jurisdiction and funded under the FLHP.
DATES: Comments must be received on or before March 10, 2003.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.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
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 postcard or you may print the
acknowledgment page that appears after submitting comments
electronically.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Bini, Federal Lands Highway,
HFPD-2, (202) 366-6799, FHWA, 400 Seventh Street, SW., Washington, DC
20590; office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays. For legal questions, Ms.
Vivian Philbin, HFL-16, (303) 716-2122, FHWA, 555 Zang Street,
Lakewood, CO 80228. Office hours are from 7:45 a.m. to 4:15 p.m., m.t.,
Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS): http://dmses.dot.gov/submit. Acceptable
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions
6 to 8), Rich Text File (RTF), American Standard Code Information
Interchange (ASCII)(TXT), Portable Document Format (PDF), and
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day,
365 days each year. Electronic submission and retrieval help and
guidelines are available under the help section of the Web site.
An electronic copy of this document may be downloaded by using a
computer, modem and suitable communications software from the
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 page at: http://www.access.gpo.gov/nara.
Background
Section 1115(d) of the TEA-21 (Public Law 105-178, 112 Stat 107,
156 (1998)) amended 23 U.S.C. 204 to require 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. A management system is a process for collecting,
organizing, and analyzing data to provide a strategic approach to
transportation planning, program development, and project selection.
Its purposes are to improve transportation system performance and
safety, and to develop alternative strategies for enhancing mobility of
people and goods.
The roads funded under the FLHP include, but are not limited to,
Park Roads and Parkways (PRP), Forest Highways, Refuge Roads, and
Indian Reservation Roads. The Secretary of Transportation delegated to
the FHWA the authority to serve as the lead agency within the U.S.
Department of Transportation to administer the FLHP (see 49 CFR
1.48(b)(29)). This rulemaking action addresses the management systems
for the NPS and the Park Roads and Parkways program.
The requirements in the TEA-21 are not intended in any way to
interfere with any portion of the NPS Organic Act, 16 U.S.C. 1 et seq.,
which established the NPS. The four management systems serve to guide
the NPS in making resource allocation decisions for the PRP
transportation improvement programs (PRPTIPs) and help the NPS
implement the purpose of the Organic Act, which is to promote and
regulate the use of the lands managed by the NPS.
On September 1, 1999, the FHWA issued an advance notice of proposed
rulemaking (ANPRM) to solicit public comments concerning development of
this proposed rule pertaining to the NPS and the Park Roads and
Parkways program (64 FR 47749). The ANPRM requested comments on the
feasibility of developing a rule to meet both the transportation
planning and management systems requirements of the TEA-21. Therefore,
comments made to the docket addressed both transportation planning and
management systems issues. However, the FHWA has decided to separate
the NPRM's for transportation planning and management systems. For this
reason, this NPRM concerns only the development of the management
systems. This NPRM includes responses to the comments submitted to the
docket on the ANPRM that addressed the proposed development of the four
management systems. Those comments on the ANPRM that addressed
transportation planning will be addressed at a later date. The FHWA
received comments addressing the management systems from various State
Transportation Departments. These comments are summarized below.
Specific comments may be obtained by reviewing the materials in the
docket.
Based on the comments on the ANPRM, the FHWA has developed this
NPRM to provide for the development and implementation of pavement,
bridge, safety, and congestion management systems for roads under the
NPS jurisdiction and funded under the FLHP. Separate NPRM's on
management systems have also been developed for the Fish and Wildlife
Service (FWS) and the Refuge Roads program, the Forest Service (FS) and
the Forest Highway program, and the Bureau of Indian Affairs (BIA) and
the Indian Reservation Roads program. The other three related NPRM's
are published elsewhere in today's Federal Register.
[[Page 1081]]
On April 21, 2000, then President Clinton issued Executive Order
(EO) 13148, Greening the Government Through Leadership in Environmental
Management. This EO requires all Federal agencies to implement an
environmental management system (EMS) to ensure that agencies develop
strategies to support environmental leadership in programs, policies,
and procedures and that senior level managers explicitly and actively
endorse these strategies. The EO requires that agencies implement an
EMS no later than December 31, 2005. Furthermore, in an April 1, 2002,
letter, the Bush Administration encouraged all agencies to promote the
use of EMS in Federal, State, local, and private facilities and
directed the Environmental Protection Agency (EPA) to report annually
on how well each agency has done in promoting EMS.
The FHWA has already begun working toward establishing an EMS.
Additionally, the FWHA is working with the American Association of
State Highway and Transportation Officials' (AASHTO) Center for
Environmental Excellence to include EMS as part of an environmental
stewardship demonstration project. The FHWA is currently providing
technical and financial assistance to the Center, which in turn
supports States that have initiated EMSs.\1\ Furthermore, the FHWA
continues to demonstrate environmental stewardship by encouraging the
use of EMS in the construction, operation, and maintenance of
transportation facilities.
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\1\ More information on how EMS applies to transportation
organizations can be found on the AASHTO's Center for Environmental
Excellence website at the following URL: http//itre.ncsu.edu/AASHTO/stewardship.
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Although an EMS may have some overlap with the four management
systems that are the subject of this proposed rulemaking, the FHWA has
decided not to incorporate the EMS in this rulemaking. The FHWA
believes that great progress has been made on the EMS and promoting the
use of EMS by the States. In addition, the FHWA has a long-standing
working relationship with the Federal Land Management Agencies (FLMAs)
through the Federal Lands Highway Program. The natural resource
conservation and preservation missions of these agencies have led to
the development of a jointly held environmental ethic that pervades
transportation project decision-making through the use of context
sensitive design, best management practices, and a heightened
sensitivity to environmental impacts. This relationship provides a
strong foundation for the FHWA to encourage the use of environmental
management systems by the FLMAs. For example, the National Park Service
currently has an initiative underway to implement a service-wide EMS
approach. The FHWA and the NPS can evaluate ways to coordinate the use
and development of the EMS with the transportation management systems
through the joint development of the management system implementation
plan called for in this rulemaking. A similar approach can be used with
all of the FLMAs.
Any EMS developed by the FHWA, or by a FLMA, will not have an
adverse effect on any of the management systems in this proposed
rulemaking. Instead, such an EMS may help foster a movement toward the
use of a comprehensive asset management system that incorporates EMS,
along with the transportation management systems proposed in this
rulemaking, and others not covered in this proposed action, such as a
maintenance management system. The role of the EMS in a more
comprehensive approach would demonstrate a commitment to environmental
stewardship that goes beyond the individual project level or the
development of a multi-project transportation program. The EMS should
be a fundamentally important business tool that pervades all aspects of
FLMA transportation decision-making. The FHWA will continue to advance
its EMS and promote the EMS initiatives of the FLMAs through
implementation planning for the transportation management systems. In
addition, the FHWA will continue to promote the use of EMSs in the
construction, operation, and maintenance of transportation facilities.
In developing the management system implementation plans, the need
for data elements that address the environmental performance measures
can be evaluated in relationship to individual agency plans to
implement an EMS. This could provide an opportunity for the ongoing
collection of environmental information, if appropriate and necessary.
At a minimum, this would provide an opportunity to link existing
environmental data to the transportation management systems using a
geographic information system common to both systems.
From the FHWA's stewardship perspective regarding the Federal Lands
Highway Program, EMS is most appropriately pursued as part of sound
FLMA business management planning. Thus, the FHWA has decided not to
address the EMS requirement in this proposed rulemaking action.
Summary of Comments Received on the ANPRM Pertaining to the NPS and the
Park Roads and Parkways Program
The following discussion summarizes the comments received on the
ANPRM and the FHWA's responses to these comments. The discussion
provides the public a general sense of the issues addressed in the
comments. As previously stated, this NPRM is intended for the
development of management systems. Therefore, this summary contains
only comments and responses related to the management systems. There
are instances where reference is made to transportation planning issues
because the management systems serve as a guide to planning activities.
Rule Development
Comments: The majority of comments supported the FHWA's proposal to
develop ``separate rules'' pertaining to the NPS and the Park Roads and
Parkways program, the FWS and the Refuge Roads program, the BIA and the
Indian Reservations Roads program, and the FS and the Forest Highway
program. The commenters in favor of this proposal point out the fact
that transportation planning functions for the different Federal lands
highways are performed by various Federal, State, and local entities,
depending on ownership of the roadways and responsibilities for
constructing and maintaining the facilities.
The Wisconsin DOT and the Kentucky Transportation Cabinet offered
an opposite view. These two State DOTs requested that we develop only
one general rule applicable to all four agencies. The Wisconsin DOT
suggested that this rule be flexible so that it recognizes the
different approaches used by the States. The Kentucky Transportation
Cabinet recommended that the rule should require the Federal land
management agencies (FLMAs) to develop Memoranda of Understanding or
Agreements that would address the consistency between the Federal land
transportation planning procedures and those required under 23 U.S.C.
134 and 135. The Kentucky Transportation Cabinet was concerned that the
additional rules might jeopardize existing procedures already in
effect.
Response: Following the recommendations from the majority of
commenters, the FHWA, in consultation with each appropriate Federal
land management agency, developed a separate rule pertaining to each
agency: the NPS, the FWS, the FS, and the BIA. The variance among the
rules allows for
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the significant differences in the ownership, jurisdiction, and
maintenance responsibilities that the FLMAs exercise over the subject
roadways addressed in the rule. To ensure uniformity, the FHWA
coordinated the development of each NPRM, so that similar text and
format are contained in each of the rules.
Addressing the Management Systems Requirements
Comments: Many States believe that the management systems should
only be developed as needed and should relate to systems that are
already implemented by States and local agencies. It was recommended
that the FHWA encourage the Federal agencies to explore and use the
States' existing systems. The States also recommended the systems be
tailored to fit local conditions, and be applicable solely to the
portion of the Federal lands highways owned and maintained by Federal
agencies. Many of the States are concerned that the implementation of
the management systems may affect the current working relationships
among State, local, and Federal agencies. The Wisconsin DOT encouraged
the FHWA to work with the FLMA's and State Transportation Departments
to clarify ownership discrepancies between Federal and State data. They
suggested that the FLMA's have accurate data reflecting the amount of
mileage the agencies own by location. Further, these data have to agree
with data reported by States in the Highway Performance Monitoring
System (HPMS) database.\2\
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\2\ The HPMS was developed in 1978 as a national highway
transportation system database. It includes limited data on all
public roads, more detailed data for a sample of the arterial and
collector functional system, and certain summary information for
urbanized, small urban and rural areas. Additional information about
this database is available online at the URL: http://www.fhwa.dot.gov/ohim.
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Response: The stakeholders' concerns presented above were
considered in the development of this NPRM. Each of the proposed
management system rules calls for the FHWA, in cooperation with the
FLMA, to develop an implementation plan or implementation procedures
for each of the management systems. In addition, flexibility is
provided to determine criteria for the need and applicability of each
of the FLMA's management systems. These implementation plans will
provide the opportunity to relate the FLMA management systems to
systems already implemented by States and local agencies. It will also
allow the management systems to be tailored to fit a broad range of
local conditions, and to avoid inefficient duplication of management
systems already in use by the States. Development of the implementation
plans will provide an opportunity to strengthen the working
relationships among Federal, State, Tribal and local agencies, as well
as define responsibility for and ownership of data.
Comments: The Wisconsin DOT also stated that the FHWA should
clarify that this rule and the National Highway System (NHS)
Designation Act of 1995, Public Law 104-59, 109 Stat. 568, do not make
the implementation of management systems mandatory.
Response: While it is correct that the Public Law 104-59 made the
management systems optional for States and Metropolitan Planning
Organizations (MPO's), except for the congestion management systems in
MPOs with a population of greater than 200,000, section 1115(d) applies
to the Federal land management agencies, not to the States; however,
the States may be requested to provide information. The TEA-21, enacted
on June 9, 1998, amended 23 U.S.C. 204 to specify ``The Secretary and
the Secretary of each appropriate Federal land management agency shall,
to the extent appropriate, develop by rule safety, bridge, pavement,
and congestion management systems for roads funded under the Federal
lands highways program.'' Therefore, the development and implementation
of the management systems, where appropriate, is mandated by law for
the Federal land management agencies.
Approach to Structure of Proposed Regulation
In the development of this proposed rule, the FHWA attempted to
minimize the level of data collection and analyses required. The FHWA
now solicits comments on the extent to which this strategy has been
achieved. Any comments suggesting that the strategy has not been
successful should identify the specific reasons why requirements and/or
provisions are burdensome. Suggestions to lessen burdens are welcome.
Section-by-Section Analysis
Subpart A
Section 970.100 Purpose
This section states that subpart A provides definitions for terms
used in this rule.
Section 970.102 Applicability
This section states that the definitions in subpart A are
applicable to this rule.
Section 970.104 Definitions
This section incorporates the terms defined in 23 U.S.C. 101(a), 49
U.S.C. 5302, and 23 CFR part 450. It also includes additional
definitions for terms used in this part.
The phrase ``Federal lands'' or ``Indian lands,'' as applicable,
would be added to the definitions of ``bridge management system
(BMS),'' ``congestion management system (CMS),'' ``pavement management
system (PMS),'' and ``safety management system (SMS)'' to indicate the
distinction between the Federal or Indian lands and Federal-aid
management systems (refer to 23 CFR part 500 for definitions of the
Federal-aid management systems). The management system definitions also
specify their applicability to the BIA, FS, FWS and NPS, as
appropriate.
Subpart B
Section 970.200 Purpose
This section states the purpose of this proposed rule, which is to
fulfill the requirements set forth by the TEA-21. The section further
emphasizes that the management systems would serve as a guide for the
development of the NPS transportation plan and the PRPTIP, which are
the products of the NPS transportation planning process.
Section 970.202 Applicability
This section defines the applicability of the management systems.
Section 970.204 Management Systems Requirements
This section sets forth general requirements for all four
management systems. Additional requirements applicable to specific
systems are in Sec. Sec. 970.208 through 970.214.
Paragraph (a) states that the NPS shall develop, establish, and
implement the management systems. This paragraph also requires the NPS
to develop the management systems in a way that assists in meeting the
goals and measures established through the Government Performance and
Results Act (Public Law 103-62, 107 Stat.285 (1993)). Paragraphs (a)
and (e) provide flexibility in the development of the management
systems. Paragraph (b) requires the FHWA and the NPS to develop
implementation plans for the management systems.
To ensure the management systems are developed, implemented, and
operated systematically, paragraph (c) requires the development of
procedures that will include the following: Consideration of management
system results in the planning process; system
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analysis; a description of each management system; operation and
maintenance of management systems and databases; and data collection,
processing, analysis, and updating. Paragraph (d) ensures that the
database has a geographical reference system so that information can be
geolocated. Paragraph (f) requires a periodic evaluation of the
effectiveness of the management systems, preferably as part of the
transportation planning process. Paragraph (g) ensures that
transportation investment decisions based on management system results
would be used at different levels of the NPS.
Section 970.206 Funds for Establishment, Development, and
Implementation of the Systems
This section provides that the funds available for the Park Roads
and Parkways program can be used for development, establishment, and
implementation of the management systems in accordance with legislative
provisions for the funds.
Section 970.208 Federal Lands Pavement Management System (PMS)
Paragraph (a) defines the applicability of the PMS. Paragraph (b)
provides flexibility for the development of the PMS.
This section further sets forth components that must be included in
a PMS. They include requirements for a basic framework composed of data
collection and maintenance, network level analysis, and reporting
requirements.
Section 970.210 Federal Lands Bridge Management System (BMS)
Paragraph (a) defines the applicability of the BMS. The section
sets forth the components that must be included in a BMS. They consist
of data collection and maintenance, network level analysis, investment
analysis, and reporting requirements.
Section 970.212 Federal Lands Safety Management System (SMS)
Paragraph (a) defines the applicability of the SMS. Because of the
strong emphasis the TEA-21 has on safety, paragraph (b) requires the
SMS to be used to ensure that safety is considered and implemented as
appropriate in all phases of transportation planning, programming and
project implementation.
Section (c) sets forth the components that must be included in a
SMS. They include data collection, maintenance and reporting;
identification and correction of potential safety problems; and
communications.
To provide flexibility, paragraph (d) states that the extent of SMS
requirements set forth in this proposed rule for low volume roads may
be tailored to be consistent with the functional classification of the
roads, and the number and types of transit and other vehicles operated
by the NPS. However, each functional classification should include
adequate requirements to ensure effective safety decisionmaking.
Section 970.214 Federal Lands Congestion Management System (CMS)
This section defines congestion and requires the NPS to develop
criteria for determining when a CMS is to be implemented for a specific
transportation system, and have coverage for all systems meeting the
criteria. In addition, it requires the NPS to consider the results of
the CMS in selecting strategies to address congestion and, further,
that strategies be considered that reduce private automobile travel and
improve existing transportation system efficiency. Paragraphs (c)(1),
(2), and (3) address CMS coverage for portions of the NPS
transportation systems inside and outside the boundaries of
transportation management areas (TMAs).
Paragraph (c)(4) further sets forth components to be included in a
CMS. They include the following: identification and documentation of
measures for congestion; identification of the causes of congestion;
development of evaluation processes; identification of benefits;
determination of methods to monitor and evaluate performance of the
overall transportation system after strategies are implemented; and
consideration of example strategies provided in the proposed rule.
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. A final rule may be published at any time after the close of
the comment period.
Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT
Regulatory Policies and Procedures
The FHWA has determined preliminarily that the proposed rule would
be a significant regulatory action within the meaning of Executive
Order 12866, and under the regulatory policies and procedures of the
U.S. Department of Transportation, because of the substantial public
interest anticipated in the transportation facilities of the National
Parks. The FHWA anticipates that the economic impact of any action
taken in this rulemaking process will be minimal. The FHWA anticipates
that the proposed rule will not adversely affect any sector of the
economy in a material way. Though the proposed action here will impact
the NPS, it will not likely interfere with any action taken or planned
by the NPS or another agency, or materially alter the budgetary impact
of any entitlement, grants, user fees, or loan programs.
Based upon the information received in response to this proposed
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 proposal 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), the FHWA has evaluated the effects of this proposed action on
small entities and has determined that the proposed action would not
have a significant economic impact on a substantial number of small
entities. Commenters are encouraged to evaluate any options addressed
here with regard to the potential for impact.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose a mandate that requires further
analysis under the Unfunded Mandates Reform Act of 1995 (Public Law
104-4, March 22, 1995; 109 Stat. 48). This proposed rule will not
result 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). This rulemaking proposes to provide for the
development and implementation of pavement, bridge, safety, and
congestion management systems for roads under the NPS jurisdiction.
These roads are funded under the FLHP; therefore the proposed rule is
not considered an unfunded mandate. Further, in compliance with the
Unfunded
[[Page 1084]]
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 13132 (Federalism)
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, dated
August 4, 1999. The FHWA has determined that this proposed action would
not have sufficient Federalism implications to warrant the preparation
of a Federalism assessment. The FHWA has also determined that the
proposed action would not preempt any State law or State regulation or
affect the States' ability to discharge traditional State governmental
functions. However, commenters are encouraged to consider these issues,
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.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FHWA has
determined that this proposed rule contains a requirement for data and
information to be collected and maintained in the four management
systems that are to be developed. In order to streamline the process,
the FHWA intends to request that OMB approve a single information
collection clearance for all of the data in the four management systems
at the time that the requirements in this proposal are made final. The
FHWA is sponsoring this proposed clearance on behalf of the National
Park Service.
The FHWA estimates that a total of 4,100 burden hours per year
would be imposed on non-Federal entities to provide the required
information for the NPS management systems. Respondents to this
information collection include State Transportation Departments,
Metropolitan Planning Organizations, Tribal governments, regional
transportation planning agencies, and county and local governments. The
National Park Service would bear the burden of developing the
management systems in a manner that would incorporate any existing data
in the most efficient way and without additional burdens to the public.
The estimates here only include burdens on the respondents to provide
information that is not usually and customarily collected.
Where a substantial level of effort may be required of non-Federal
entities to provide NPS management system information, the effort has
been benchmarked to the number of miles of NPS owned roads or the
number of NPS owned bridges within the agency's jurisdiction. This
approach has been applied to the PMS, BMS and SMS. For NPS
implementation of the PMS, BMS, and SMS, the annual burden estimate is
1,700 hours. Implementation of the BMS will result in 500 annual hours
of burden, with the PMS and the SMS each requiring 600 hours per year.
The level of burden on non-Federal entities is modest since the NPS
will incorporate existing data into the management systems, where
feasible.
For the CMS, the non-Federal burden, if applicable, would likely
fall to the MPOs, and represents the need for the NPS to coordinate its
management system with the MPO's, for that portion of its
transportation system that is within an MPO area. For estimating
purposes, approximately 60 MPOs nationwide may be burdened by the
proposed regulation. Forty hours of burden were assigned to each of the
60 MPOs, resulting in a total burden of 2,400 hours per year
attributable to the CMS.
The FHWA is required to submit this proposed collection of
information to OMB for review and approval, and accordingly, seeks
public comments. Interested parties are invited to send comments
regarding any aspect of these information collection requirements,
including, but not limited to: (1) Whether the collection of
information is necessary for the performance of the functions of the
FHWA, including whether the information has practical utility; (2) the
accuracy of the estimated burden; (3) ways to enhance the quality,
utility and clarity of the collected information; and (4) ways to
minimize the collection burden without reducing the quality of the
information collected.
National Environmental Policy Act
The FHWA analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that this proposed action would not have any effect on the
quality of the environment. An environmental impact statement is,
therefore, not required.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed action under Executive Order
13175, dated November 6, 2000, and believes that the proposal will not
have substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal government,
and will not preempt tribal law. The requirements set forth in the
proposed rule do not directly affect one or more Indian tribes.
Therefore, a tribal summary impact statement is not required.
Executive Order 12988 (Civil Justice Reform)
This proposed action meets applicable standards in section 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 proposed rule is not economically significant and does not
involve an environmental risk to health and safety that may
disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This proposed rule will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13211 (Energy Effects)
This proposed rule has been analyzed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The FHWA has determined that it is not a
significant energy action under that order because, although it is a
significant regulatory action under Executive Order 12866, the proposed
rule is not likely to have a significant adverse effect on the supply,
distribution or use of energy.
[[Page 1085]]
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
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List of Subjects in 23 CFR Part 970
Bridges, Grant programs--transportation, Highway safety, Highways
and roads, National parks, Public lands, Transportation.
For reasons set forth in the preamble, the Federal Highway
Administration proposes to amend chapter I of Title 23, Code of Federal
Regulations, as set forth below.
Issued on: December 20, 2002.
Mary E. Peters,
Federal Highway Administrator.
1. Add a new subchapter L, consisting of part 970 to read as
follows:
SUBCHAPTER L--FEDERAL LANDS HIGHWAYS
PART 970--NATIONAL PARK SERVICE MANAGEMENT SYSTEMS
Subpart A--Definitions
Sec.
970.100 Purpose.
970.102 Applicability.
970.104 Definitions.
Subpart B--National Park Service Management Systems
970.200 Purpose.
970.202 Applicability.
970.204 Management systems requirements.
970.206 Funds for establishment, development and implementation of
the systems.
970.208 Federal lands Pavement Management System (PMS).
970.210 Federal lands Bridge Management System (BMS).
970.212 Federal lands Safety Management System (SMS).
970.214 Federal lands Congestion Management System (CMS).
Authority: 23 U.S.C. 204 and 315; 42 U.S.C. 7410 et seq.; 49 CFR
1.48.
Subpart A--Definitions
Sec. 970.100 Purpose.
The purpose of this subpart is to provide definitions for terms
used in this part.
Sec. 970.102 Applicability.
The definitions in this subpart are applicable to this part, except
as otherwise provided.
Sec. 970.104 Definitions.
Alternative transportation systems means modes of transportation
other than private vehicles, including methods to improve system
performance such as transportation demand management, congestion
management, and intelligent transportation systems. These mechanisms
help reduce the use of private vehicles and thus improve overall
efficiency of transportation systems and facilities.
Elements means the components of a bridge important from a
structural, user, or cost standpoint. Examples are decks, joints,
bearings, girders, abutments, and piers.
Federal lands bridge management system (BMS) means a systematic
process used by the Forest Service (FS), the Fish and Wildlife Service
(FWS) and the National Park Service (NPS) for collecting and analyzing
bridge data to make forecasts and recommendations, and provides the
means by which bridge maintenance, rehabilitation, and replacement
programs and policies may be efficiently and effectively considered.
Federal lands congestion management system (CMS) means a systematic
process used by the NPS, the FWS and the FS for managing congestion
that provides information on transportation system performance, and
alternative strategies for alleviating congestion and enhancing the
mobility of persons and goods to levels that meet Federal, State and
local needs.
Federal Lands Highway program (FLHP) means a federally funded
program established in 23 U.S.C. 204 to address transportation needs of
Federal and Indian lands.
Federal lands pavement management system (PMS) means a systematic
process used by the NPS, the FWS and the FS that provides information
for use in implementing cost-effective pavement reconstruction,
rehabilitation, and preventive maintenance programs and policies, and
that results in pavement designed to accommodate current and forecasted
traffic in a safe, durable, and cost-effective manner.
Federal lands safety management system (SMS) means a systematic
process used by the NPS, the FWS and the FS with the goal of reducing
the number and severity of traffic accidents by ensuring that all
opportunities to improve roadway safety are identified, considered,
implemented, and evaluated, as appropriate, during all phases of
highway planning, design, construction, operation and maintenance, by
providing information for selecting and implementing effective highway
safety strategies and projects.
Highway safety means the reduction of traffic accidents on public
roads, including reductions in deaths, injuries, and property damage.
Intelligent transportation system (ITS) means electronics,
communications, or information processing used singly or in combination
to improve the efficiency and safety of a surface transportation
system.
Life-cycle cost analysis means an evaluation of costs incurred over
the life of a project allowing a comparative analysis between or among
various alternatives. Life-cycle cost analysis promotes consideration
of total cost, including maintenance and operation expenditures.
Comprehensive life-cycle cost analysis includes all economic variables
essential to the evaluation, including user costs such as delay, safety
costs associated with maintenance and rehabilitation projects, agency
capital costs, and life-cycle maintenance costs.
Metropolitan planning area means the geographic area in which the
metropolitan transportation planning process required by 23 U.S.C. 134
and 49 U.S.C. 5303-5306 must be carried out.
Metropolitan planning organization (MPO) means the forum for
cooperative transportation decisionmaking for the metropolitan planning
area pursuant to 23 U.S.C. 134 and 49 U.S.C. 5303.
National Park Service transportation plan means an official NPS
multimodal transportation plan that is developed through the NPS
transportation planning process pursuant to 23 U.S.C. 204.
Operations means those activities associated with managing,
controlling, and regulating highway and pedestrian traffic.
Park road means a public road, including a bridge built primarily
for pedestrian use, but with capacity for use by emergency vehicles,
that is located within, or provides access to, an area in the National
Park System with title and maintenance responsibilities vested in the
United States.
Park Road Program transportation improvement program (PRPTIP) means
a staged, multi-year, multimodal program of NPS transportation projects
in a State area. The PRPTIP is consistent with the NPS transportation
plan and developed through the NPS planning processes pursuant to 23
U.S.C. 204.
Park Roads and Parkways program means a program that is authorized
in 23 U.S.C. 204 with funds allocated to the NPS by the FHWA for each
fiscal year as provided in 23 U.S.C. 202(c).
[[Page 1086]]
Parkway means a parkway authorized by Act of Congress on lands to
which title is vested in the United States.
Secretary means the Secretary of Transportation.
Serviceability means the degree to which a bridge provides
satisfactory service from the point of view of its users.
State means any one of the fifty States, the District of Columbia,
or Puerto Rico.
Transportation facilities means roads, streets, bridges, parking
areas, transit vehicles, and other related transportation
infrastructure.
Transportation Management Area (TMA) means an urbanized area with a
population over 200,000 (as determined by the latest decennial census)
or other area when TMA designation is requested by the Governor and the
MPO (or affected local officials), and officially designated by the
Administrators of the FHWA and the Federal Transit Administration
(FTA). The TMA designation applies to the entire metropolitan planning
area(s).
Subpart B--National Park Service Management Systems
Sec. 970.200 Purpose.
The purpose of this subpart is to implement 23 U.S.C. 204, which
requires the Secretary 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. These management systems serve to guide the National
Park Service (NPS) in developing transportation plans and making
resource allocation decisions for the PRPTIP.
Sec. 970.202 Applicability.
The provisions in this subpart are applicable to the NPS, which is
responsible for satisfying these requirements for management systems
pursuant to 23 U.S.C. 204.
Sec. 970.204 Management systems requirements.
(a) The NPS shall develop, establish and implement the management
systems as described in this subpart. The NPS may tailor all management
systems to meet the NPS goals, policies, and needs. The management
systems also shall be developed so they assist in meeting the goals and
measures that were jointly developed by the FHWA and the NPS in
response to the Government Performance and Results Act of 1993 (Public
Law 103-62, 107 Stat. 285).
(b) The NPS and the FHWA shall develop an implementation plan for
each of the management systems. These plans will include, but are not
limited to, the following: Overall goals and policies concerning the
management systems, each agency's responsibilities for developing and
implementing the management systems, implementation schedule, data
sources, and cost estimate. The FHWA will provide the NPS ongoing
technical engineering support for the development, implementation, and
maintenance of the management systems.
(c) The NPS shall develop and implement procedures for the
development, establishment, implementation and operation of management
systems. The procedures shall include:
(1) A process for ensuring the outputs of the management systems
are considered in the development of NPS transportation plans and
PRPTIPs and in making project selection decisions under 23 U.S.C. 204;
(2) A process for the analysis and coordination of all management
system outputs to systematically operate, maintain, and upgrade
existing transportation assets cost-effectively;
(3) A description of each management system;
(4) A process to operate and maintain the management systems and
their associated databases; and
(5) A process for data collection, processing, analysis and
updating for each management system.
(d) All management systems will use databases with a geographical
reference system that can be used to geolocate all database
information.
(e) Existing data sources may be used by the NPS to the maximum
extent possible to meet the management system requirements.
(f) The NPS shall develop an appropriate means to evaluate the
effectiveness of the management systems in enhancing transportation
investment decisionmaking and improving the overall efficiency of the
affected transportation systems and facilities. This evaluation is to
be conducted periodically, preferably as part of the NPS planning
process.
(g) The management systems shall be operated so investment
decisions based on management system outputs can be considered at the
national, regional, and park levels.
Sec. 970.206 Funds for establishment, development, and implementation
of the systems.
The FLHP Park Roads and Parkways program funds may be used for
development, establishment, and implementation of the management
systems. These funds are to be administered in accordance with the
procedures and requirements applicable to the funds.
Sec. 970.208 Federal lands Pavement Management System (PMS).
In addition to the requirements provided in Sec. 970.204, the PMS
must meet the following requirements:
(a) The NPS shall have PMS coverage of all paved park roads,
parkways, parking areas and other associated facilities, as
appropriate, that are funded under the FLHP.
(b) The PMS may be utilized at various levels of technical
complexity depending on the nature of the transportation network. These
different levels may depend on mileage, functional classes, volumes,
loading, usage, surface type, or other criteria the NPS deems
appropriate.
(c) The PMS shall be designed to fit the NPS goals, policies,
criteria, and needs using the following components, at a minimum, as a
basic framework for a PMS:
(1) A database and an ongoing program for the collection and
maintenance of the inventory, inspection, cost, and supplemental data
needed to support the PMS. The minimum PMS database shall include:
(i) An inventory of the physical pavement features including the
number of lanes, length, width, surface type, functional
classification, and shoulder information;
(ii) A history of project dates and types of construction,
reconstruction, rehabilitation, and preventive maintenance. If some of
the inventory or historic data is difficult to establish, it may be
collected when preservation or reconstruction work is performed;
(iii) Condition data that includes roughness, distress, rutting,
and surface friction (as appropriate);
(iv) Traffic information including volumes and vehicle
classification (as appropriate); and
(v) Data for estimating the costs of actions.
(2) A system for applying network level analytical procedures that
are capable of analyzing data for all park roads, parkways and other
appropriate associated facilities in the inventory or any subset. The
minimum analyses shall include:
(i) A pavement condition analysis that includes roughness,
distress, rutting, and surface friction (as appropriate);
(ii) A pavement performance analysis that includes present and
predicted performance and an estimate of the
[[Page 1087]]
remaining service life (performance and remaining service life to be
developed with time); and
(iii) An investment analysis that:
(A) Identifies alternative strategies to improve pavement
conditions;
(B) Estimates costs of any pavement improvement strategy;
(C) Determines maintenance, repair, and rehabilitation strategies
for pavements using life-cycle cost analysis or a comparable procedure;
(D) Provides for short and long term budget forecasting; and
(E) Recommends optimal allocation of limited funds by developing a
prioritized list of candidate projects over a predefined planning
horizon (both short and long term).
(d) For any park roads, parkways and other appropriate associated
facilities in the inventory or subset thereof, PMS reporting
requirements shall include, but are not limited to, percentage of roads
in good, fair, and poor condition.
Sec. 970.210 Federal lands Bridge Management System (BMS).
In addition to the requirements provided in Sec. 970.204, the BMS
must meet the following requirements:
(a) The NPS shall have a BMS for the bridges which are under the
NPS jurisdiction, funded under the FLHP, and required to be inventoried
and inspected as prescribed by 23 U.S.C. 144.
(b) The BMS shall be designed to fit the NPS goals, policies,
criteria, and needs using, as a minimum, the following components:
(1) A database and an ongoing program for the collection and
maintenance of the inventory, inspection, cost, and supplemental data
needed to support the BMS. The minimum BMS database shall include:
(i) Data described by the inventory section of the National Bridge
Inspection Standards (23 CFR 650.311);
(ii) Data characterizing the severity and extent of deterioration
of bridge elements;
(iii) Data for estimating the cost of improvement actions;
(iv) Traffic information including volumes and other pertinent
information; and
(v) A history of conditions and actions taken on each bridge,
excluding minor or incidental maintenance.
(2) A system for applying network level analytical procedures that
are capable of analyzing data for all bridges in the inventory or any
subset. The minimum analyses shall include:
(i) A prediction of performance and estimate of the remaining
service life of structural and other key elements of each bridge, both
with and without intervening actions; and
(ii) A recommendation for optimal allocation of limited funds
through development of a prioritized list of candidate projects over
predefined short and long term planning horizons.
(c) The BMS may include the capability to perform an investment
analysis as appropriate, considering size of structure, traffic volume,
and structural condition. The investment analysis may:
(1) Identify alternative strategies to improve bridge condition,
safety and serviceability;
(2) Estimate the costs of any strategies ranging from maintenance
of individual elements to full bridge replacement;
(3) Determine maintenance, repair, and rehabilitation strategies
for bridge elements using life cycle cost analysis or a comparable
procedure;
(4) Provide short and long term budget forecasting; and
(5) Evaluate the cultural and historical values of the structure.
(d) For any bridge in the inventory or subset thereof, BMS
reporting requirements shall include, but are not limited to,
percentage of non-deficient bridges.
Sec. 970.212 Federal Lands Safety Management System (SMS).
In addition to the requirements provided in Sec. 970.204, the SMS
must meet the following requirements:
(a) The NPS shall have an SMS for all transportation systems
serving NPS facilities, as appropriate, funded under the FLHP.
(b) The NPS shall use the SMS to ensure that safety is considered
and implemented, as appropriate, in all phases of transportation system
planning, design, construction, maintenance, and operations.
(c) The SMS shall be designed to fit the NPS goals, policies,
criteria, and needs and shall contain the following components:
(1) An ongoing program for the collection, maintenance and
reporting of a data base that includes:
(i) Accident records with details for analysis such as accident
type, using standard reporting descriptions (e.g., right-angle, rear-
end, head-on, pedestrian-related), location, description of event,
severity, weather and cause;
(ii) An inventory of safety appurtenances such as signs,
delineators, and guardrails (including terminals);
(iii) Traffic information including volume, speed, and vehicle
classification, as appropriate.
(iv) Accident rates by customary criteria such as location, roadway
classification, and vehicle miles of travel.
(2) Development, establishment, and implementation of procedures
for:
(i) Routinely maintaining and upgrading safety appurtenances
including highway-rail crossing warning devices, signs, highway
elements, and operational features, where appropriate;
(ii) Identifying and investigating hazardous or potentially
hazardous transportation elements and systems, transit vehicles and
facilities, roadway locations and features;
(iii) Establishing countermeasures and setting priorities to
address identified needs.
(3) A process for communication, coordination, and cooperation
among the organizations responsible for the roadway, human, and vehicle
safety elements;
(d) While the SMS applies to appropriate transportation systems
serving NPS facilities funded under the FLHP, the extent of system
requirements (e.g., data collection, analyses, and standards) for low
volume roads may be tailored to be consistent with the functional
classification of the road and number and types of transit and other
vehicles operated by the NPS.
Sec. 970.214 Federal Lands Congestion Management System (CMS).
(a) For purposes of this section, congestion means the level at
which transportation system performance is no longer acceptable due to
traffic interference. For portions of the NPS transportation system
outside the boundaries of TMAs, the NPS shall:
(1) Develop criteria to determine when a CMS is to be implemented
for a specific transportation system; and
(2) Have CMS coverage for all transportation systems serving NPS
facilities that meet minimum CMS needs criteria, as appropriate, funded
through the FLHP.
(b) The NPS shall consider the results of the CMS when selecting
congestion mitigation strategies that are the most time efficient and
cost effective and that add value (protection/rejuvenation of
resources, improved visitor experience) to the park and adjacent
communities.
(c) In addition to the requirements provided in Sec. 970.204, the
CMS must meet the following requirements:
(1) For those NPS transportation systems that require a CMS, in
both metropolitan and non-metropolitan areas, consideration shall be
given to strategies that promote alternative transportation systems,
reduce private automobile travel, and best integrate
[[Page 1088]]
private automobile travel with other transportation modes.
(2) For portions of the NPS transportation system within
transportation management areas (TMAs), the NPS transportation planning
process shall include a CMS that meets the requirements of this
section. By agreement between the TMA and the NPS, the TMA's CMS
coverage may include the transportation systems serving NPS facilities,
as appropriate. Through this agreement(s), the NPS may meet the
requirements of this section.
(3) If a TMA's CMS does not provide coverage of the portions of the
NPS transportation facilities within the boundaries of the TMA, the NPS
shall develop a separate CMS to cover those facilities within the
boundaries of the TMA. Approaches may include the use of alternate mode
studies and implementation plans as components of the CMS.
(4) A CMS will:
(i) Identify and document measures for congestion (e.g., level of
service);
(ii) Identify the causes of congestion;
(iii) Include processes for evaluating the cost and effectiveness
of alternative strategies;
(iv) Identify the anticipated benefits of appropriate alternative
traditional and nontraditional congestion management strategies;
(v) Determine methods to monitor and evaluate the performance of
the multi-modal transportation system; and
(vi) Appropriately consider strategies, or combinations of
strategies for each area, such as:
(A) Transportation demand management measures;
(B) Traffic operational improvements;
(C) Public transportation improvements;
(D) ITS technologies; and
(E) Additional system capacity.
[FR Doc. 03-102 Filed 1-7-03; 8:45 am]
BILLING CODE 4910-22-P