Public Road Mileage for Apportionment of Highway Safety Funds; Correction |
|---|
|
Victor M. Mendez
Federal Highway Administration
Federal Register
March 9, 2011
[Federal Register: March 9, 2011 (Volume 76, Number 46)]
[Rules and Regulations]
[Page 12847-12849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr11-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 460
RIN 2125-AF42
Public Road Mileage for Apportionment of Highway Safety Funds;
Correction
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This rule makes a technical correction to the regulations
found at 23 CFR 460.2(e). The amendment contained herein makes no
substantive change to the FHWA regulations, policies, or procedures.
This rule updates the language of a regulatory definition to be
consistent with the statutory definition for the Highway Safety
Program.
DATES: This rule is effective April 8, 2011.
[[Page 12848]]
FOR FURTHER INFORMATION CONTACT: Ron Erickson, Office of Highway Policy
Information, (202) 366-5033, Ron.Erickson@dot.gov, or Michael Harkins,
Office of the Chief Counsel, (202) 366-4928, Michael.Harkins@dot.gov,
1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours for the
FHWA are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded from the
Office of the Federal Register's home page at: http://www.archives.gov
and the Government Printing Office's Web page at: http://
www.gpoaccess.gov/nara.
Background
This rule makes a technical correction to the regulations that
govern the public road mileage for apportionment of highway safety
funds. These regulations, found at 23 CFR part 460, were drafted in
1975. The definition of ``State'' found at 23 CFR 460.2(e) was intended
to mirror the definition of ``State'' for the Highway Safety Program
contained in 23 U.S.C. 401. Later, the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (Pub. L. 100-17, Apr. 2,
1987, 101 Stat. 132) substituted ``American Samoa, and the Commonwealth
of the Northern Mariana Islands'' for ``and American Samoa'' in the
language found at 23 U.S.C. 401. The regulations were not updated to
reflect the change to the statutory definition. While the FHWA has used
the definition found at 23 U.S.C. 401, the omission of the Commonwealth
of the Northern Mariana Islands could cause confusion. As such, the
FHWA is updating the definition of ``State'' at 460.2(e) to reflect the
statutory language of 23 U.S.C. 401.
Rulemaking Analyses and Notice
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. The FHWA finds that notice and comment for this
rule is unnecessary and contrary to the public interest because it will
have no substantive impact, is technical in nature, and relates only to
management, organization, procedure, and practice. The FHWA does not
anticipate receiving meaningful comments on it. States, local
governments, and their consultants rely upon the regulations corrected
by this action. This correction will reduce confusion for these
entities and should not be unnecessarily delayed. Accordingly, for the
reasons listed above, the agencies find good cause under 5 U.S.C.
553(b)(3)(B) to waive notice and opportunity for comment.
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 U.S. Department of Transportation
regulatory policies and procedures. It is anticipated that the economic
impact of this rulemaking will be minimal. This rule only entails minor
corrections that will not in any way alter the regulatory effect of 23
CFR part 460. Thus, this final rule will not adversely affect, in a
material way, any sector of the economy. In addition, these changes
will not interfere with any action taken or planned by another agency
and will not materially alter the budgetary impact of any entitlements,
grants, user fees, or loan programs.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 60l-612) the FHWA has evaluated the effects of this action on
small entities and have determined that the action will not have a
significant economic impact on a substantial number of small entities.
This final rule will not make any substantive changes to our
regulations or in the way that our regulations affect small entities;
it merely corrects technical errors. For this reason, the FHWA
certifies that this action will not have a significant economic impact
on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995,
109 Stat. 48). This rule does not impose any requirements on State,
local, or tribal governments, or the private sector and, thus, will not
require those entities to expend any funds.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, 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 States' ability to discharge
traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to these programs.
Paperwork Reduction Act
This action does not create any new information collection
requirements for which a Paperwork Reduction Act submission to the
Office of Management and Budget would be needed under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-3520.
National Environmental Policy Act
The FHWA has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that this action will not have any effect on the quality of
the environment.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and concluded that this rule 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. There are no requirements set forth in
this rule that directly affect one or more Indian tribes. Therefore, a
tribal summary impact statement is not required.
Executive Order 12988 (Civil Justice Reform)
This rule 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)
Under Executive Order 13045, Protection of Children from
Environmental Health and Safety Risks, this final rule is not
economically significant and does not involve an environmental risk to
health and safety that may disproportionally affect children.
Executive Order 12630 (Taking of Private Property)
This final rule will not effect a taking of private property or
otherwise have
[[Page 12849]]
taking implications under Executive Order 12630, Governmental Actions
and Interference with Constitutionally Protected Property Rights.
Executive Order 13211 (Energy Effects)
This final 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 it is not a
significant regulatory action under Executive Order 12866 and this
final rule is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
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 RINs 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 460
Grant programs--transportation, Highway safety, Reporting and
recordkeeping requirements.
Issued on: February 18, 2011.
Victor M. Mendez,
Administrator.
In consideration of the foregoing, 23 CFR part 460 is amended as
set forth below.
PART 460--PUBLIC ROAD MILEAGE FOR APPORTIONMENT OF HIGHWAY SAFETY
FUNDS
0
1. The authority citation for part 460 continues to read as follows:
Authority: 23 U.S.C. 315, 402(c); 49 CFR 1.48.
0
2. Amend Sec. 460.2 by revising paragraph (e) to read as follows:
Sec. 460.2 Definitions.
* * * * *
(e) State means any one of the 50 States, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands. For the purpose of the
application of 23 U.S.C. 402 on Indian reservations, State and Governor
of a State include the Secretary of the Interior.
[FR Doc. 2011-5410 Filed 3-8-11; 8:45 am]
BILLING CODE 4910-22-P