Advance Construction of Federal-Aid Projects, 12038-12041 [E8-4338]
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Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
former spouse as part of a property
distribution incident to a decree of
divorce, annulment, or legal separation
to continue after the employee’s death.
Garnishment of benefits for alimony or
child support is dealt with in part 350
of this chapter.
(b) Benefits subject to this part. Only
the following benefits or portions of
benefits under the Railroad Retirement
Act are subject to this part:
*
*
*
*
*
(3) Employee annuity increase as
provided under section 3(f) of the Act;
and
*
*
*
*
*
3. Section 295.2 is amended by
adding a new definition of ‘‘Former
spouse’’ and by revising the definition
of ‘‘spouse’’ to read as follows:
§ 295.2
Definitions.
*
*
*
*
*
Former spouse means the former
husband or wife of an employee who,
on or before the date of a court order,
was married to the employee and that
marriage has ended by final decree of
divorce, dissolution, or annulment.
*
*
*
*
*
Spouse means the husband or wife of
an employee who, on or before the date
of a court order, was married to the
employee and that marriage has not
ended by final decree of divorce,
dissolution, or annulment.
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§ 295.3
[Amended]
4. Section 295.3, paragraph (d) is
amended by replacing all references to
‘‘Deputy General Counsel’’ with
references to ‘‘General Counsel’’.
5. Section 295.4 is amended as
follows:
a. By replacing wherever they appear
all references to ‘‘Deputy General
Counsel’’ with references to ‘‘General
Counsel’’
b. By replacing all references to the
‘‘Associate Executive Director for
Retirement Claims’’ with references to
the ‘‘Director of Retirement Benefits’’
c. By replacing ‘‘bs’’ with ‘‘be’’ in the
second to last sentence of paragraph
(b)(2)(ii)
d. By adding the phrase ‘‘pertaining to
the employee’’ at the end of the second
sentence of the introductory paragraph
of paragraph (c)
e. By adding the phrase ‘‘pertaining to
the employee’’ at the end of the first
sentence of paragraph (d)(2)
f. By capitalizing the word ‘‘Board’’ at
the end of the last sentence in paragraph
(d)(2)
g. By capitalizing the word ‘‘Board’’ in
the last sentence of paragraph (d)(4)
h. By adding the following new
paragraph (b)(4) to read as follows:
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§ 295.4
Review of documentation.
*
§ 295.7
Miscellaneous.
*
*
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*
(b) * * *
(4) Unless the order expressly
provides otherwise, the Board will
deduct the amount specified by the
order from any annuity paid to the
employee, whether the employee has
retired based on age or on disability.
*
*
*
*
*
6. Section 295.5 is amended as
follows:
a. By adding in paragraph (a) the
phrase ‘‘, except as provided in
paragraph (f)(4) of this section,’’ in the
second sentence between the words
‘‘and’’ and ‘‘shall’’
b. By substituting the word ‘‘on’’ for
the word ‘‘in’’ in paragraph (d) in the
phrase that reads ‘‘to act in behalf of the
spouse or former spouse’’
c. By adding the phrase ‘‘Except as
provided in paragraph (4) of this
paragraph’’ to the beginning of the first
sentence of the introduction to
paragraph (f)
d. By substituting references to
‘‘Deputy General Counsel’’ with
references to ‘‘General Counsel’’ in
paragraph (g) and
e. By adding a new paragraph (f)(4) to
read as follows:
*
§ 295.5
BILLING CODE 7905–01–P
Limitations.
*
*
*
*
(f) * * *
(4) If the employee dies on or after
August 17, 2007, a former spouse who
is receiving a portion of the employee’s
annuity pursuant to a court decree or
property settlement compliant with this
part may continue to receive a portion
of the employee’s tier II benefit
component unless the court decree or
property settlement requires such
payment to terminate upon the death of
the employee.
*
*
*
*
*
*
*
*
*
(e) * * *
(2) Where all documentation required
by this part is in the Board’s records
pertaining to the employee prior to the
time the employee annuity is awarded,
but where the Board due to clerical
oversight fails to withhold the amount
awarded by the court order, then the
Board shall begin deduction from the
employee annuity with the month the
error is discovered, and shall pay the
amount which should have been
withheld pursuant to this part to the
spouse or former spouse. The amount
paid to the spouse or former spouse
representing months for which the
amount under the order was not timely
withheld shall be an erroneous payment
to the employee within the meaning of
section 10 of the Railroad Retirement
Act. This section shall not apply where
the Board has attempted to contact the
spouse or former spouse at the time the
employee annuity is awarded pursuant
to section 295.4(d).
Dated: March 3, 2008.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. E8–4381 Filed 3–5–08; 8:45 am]
*
§ 295.6
[Amended]
7. Section 295.6 is amended as
follows:
a. In paragraph (b) by substituting
‘‘General Counsel’’ for ‘‘Deputy General
Counsel’’ and by substituting ‘‘Director
of Retirement Benefits’’ for all
references to the ‘‘Associate Executive
Director for Retirement Claims’’
b. By adding the word ‘‘a’’ to the first
sentence of paragraph (b) before the
word ‘‘request’’
c. By adding the word ‘‘a’’ to the first
sentence of paragraph (c) before the
word ‘‘signed’’.
8. Section 295.7 is amended by
redesignating paragraph (e) as paragraph
(e)(1) and adding a new paragraph (e)(2)
to read as follows:
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[FHWA Docket No. FHWA–2007–0020]
RIN 2125–AF23
Advance Construction of Federal-Aid
Projects
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
AGENCY:
SUMMARY: The FHWA is proposing to
revise the regulation for advance
construction of Federal-aid projects by:
Removing the restriction that a State
must obligate all of its allocated or
apportioned funds, or demonstrate that
it will use all obligation authority
allocated to it for Federal-aid highways
and highway safety construction, prior
to the approval of advance construction
projects; and clarifying that advance
construction procedures may be used
for all categories of Federal-aid highway
funds, and that any available Federalaid funds for which a project is eligible
may be used when a project is converted
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Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
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to a Federal-aid project. These revisions
will make the regulation consistent with
the advance construction statute, which
was amended by a provision enacted in
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU).
DATES: Comments must be received on
or before May 5, 2008. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Mail or hand deliver
comments to Docket Management
Facility: U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590. You may also
submit comments electronically at
https://www.regulations.gov, or fax
comments to (202) 493–2251. 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 selfaddressed, stamped postcard or you
may print the acknowledgment page
that appears after submitting comments
electronically. Anyone is able to search
the electronic form of all comments in
any one of our dockets by the name of
the individual submitting the comment
(or signing the comment, if submitted
on behalf of an association, business, or
labor union). You may review the 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 https://
DocketsInfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Dale Gray, Federal-aid Financial
Management Division, (202) 366–0978,
or Mr. Steven Rochlis, Office of the
Chief Counsel, (202) 366–1395, Federal
Highway Administration, 1200 New
Jersey Avenue, SE., Washington, DC
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 and Filing
You may submit or retrieve comments
online through the Federal eRulemaking
portal at https://www.regulations.gov. It
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 also be downloaded by
accessing the Office of the Federal
Register’s home page at: https://
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www.archives.gov or the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/nara.
Background
Section 115 of title 23, United States
Code, permits the Secretary to authorize
States to advance the construction of
Federal-aid highway projects without
requiring that Federal funds be
obligated at the time the FHWA
approves a project. The State may
proceed with an advance construction
project using State funds as no present
or future Federal funds are actually
committed to the project. At any time
the State may request that the project be
converted to a Federal-aid project
provided that sufficient Federal-aid
funds and obligation authority are
available. A State also may request a
partial conversion where only a portion
of the Federal share of project costs is
obligated and reimbursed; and the
remainder may be converted at a later
time provided that funds are available.
Only the amount converted becomes an
obligation of the Federal Government.
Section 1501 of SAFETEA–LU (Pub.
L. 109–59, 119 Stat. 1144) amended 23
U.S.C. 115 to remove a restriction that
a State must obligate all of its allocated
or apportioned funds, or demonstrate
that it will use all obligation authority
allocated to it for Federal-aid highways
and highway safety construction, prior
to the approval of advance construction
projects. Section 1501 also amended the
statute to clarify that advance
construction procedures can be used for
all categories of Federal-aid highway
funds and that when a project is
converted to a regular Federal-aid
project, any available Federal-aid funds
may be used to convert a project which
is eligible. The FHWA regulations
concerning advance construction, which
reflect the advance construction
requirements prior to the enactment of
SAFETEA–LU, are therefore no longer
consistent with the statute.
Discussion of Proposed Change
Section 630.703
Eligibility
In this NPRM the FHWA proposes to
revise the regulations for advance
construction, contained in 23 CFR
630.703, so they are consistent with the
advance construction statute as
amended by section 1501 of SAFETEA–
LU. These proposed revisions would
make two changes. First, they would
remove the restriction that a State must
obligate all of its allocated or
apportioned funds, or demonstrate that
it will use all obligation authority
allocated to it for Federal-aid highways
and highway safety construction prior to
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12039
the approval of advance construction
projects. Second, the revisions will
clarify that advance construction
procedures may be used for all
categories of Federal-aid highway funds,
and that any available Federal-aid funds
may be used when a project is converted
to a Federal-aid project. These revisions
will make 23 CFR part 630 consistent
with the advance construction statute at
23 U.S.C. 115, as amended by section
1501 of SAFETEA–LU.
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 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. In addition to late
comments, the FHWA will also
continue to file relevant information in
the docket as it becomes available after
the comment period closing date, and
interested persons should continue to
examine the docket for new material. A
final rule may be published at any time
after close of the comment period.
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined
preliminarily that this action is not a
significant regulatory action within the
meaning of Executive Order 12866 and
would not be significant within the
meaning of the U.S. Department of
Transportation’s regulatory policies and
procedures. This proposed rule will not
adversely affect, in a material way, any
sector of the economy. This proposed
action would revise the regulation for
advance construction of Federal-aid
projects by removing the restriction that
a State must obligate all of its allocated
or apportioned funds, or demonstrate
that it will use all obligation authority
allocated to it for Federal-aid highways
and highway safety construction, prior
to the approval of advance construction
projects. This proposal also clarifies that
advance construction procedures may
be used for all categories of Federal-aid
highway funds, and that any available
Federal-aid funds for which the project
is eligible may be used when a project
is converted to a Federal-aid project.
There will not be any additional costs
incurred by any affected group as a
result of this rule. In addition, these
proposed 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.
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Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
Consequently, a regulatory evaluation is
not required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612), we have evaluated the effects
of this proposed action on small entities
and have determined that the proposed
action would not have a significant
economic impact on a substantial
number of small entities. The FHWA
certifies that this action will 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, and the FHWA
has preliminarily determined that this
proposed action would not warrant the
preparation of a Federalism assessment.
The FHWA has determined that this
proposed action would not affect the
States’ ability to discharge traditional
State government functions.
Executive Order 12372
(Intergovernmental Review)
Catalog of Federal Domestic
Assistance Program Number 20.205,
Highway Planning and Construction.
The regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this program. Accordingly, the FHWA
solicits comments on this issue.
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Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501), 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 proposal does
not contain collection of information
requirements for the purposes of the
PRA.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4, 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 $128.1 million or more
in any one year. (2 U.S.C. 1532) Further,
in compliance with the Unfunded
Mandates Reform Act of 1995, the
FHWA will evaluate any regulatory
action that might be proposed in
subsequent stages of the proceeding to
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assess the effects on State, local, and
tribal governments and the private
sector.
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)
The FHWA has analyzed this
proposed action under Executive Order
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. The FHWA certifies that this
proposed action would not cause any
environmental risk to health or safety
that may disproportionately affect
children.
Executive Order 12630 (Taking of
Private Property)
The FHWA has analyzed this
proposed rule under Executive Order
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights. The FHWA
does not anticipate that this proposed
action would affect a taking of private
property or otherwise have taking
implications under Executive Order
12630.
National Environmental Policy Act
The FHWA has analyzed this
proposed 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
proposed action will not have any effect
on the quality of the environment.
Executive Order 13211 (Energy Effects)
We have analyzed this proposed rule
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
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List of Subjects in 23 CFR Part 630
Reimbursement, Grants programs—
transportation, Highways and roads.
Issued on: February 28, 2008.
James D. Ray,
Acting Federal Highway Administrator.
In consideration of the foregoing, the
FHWA proposes to amend Chapter I of
title 23, Code of Federal Regulations as
set forth below.
PART 630—PRECONSTRUCTION
PROCEDURES
1. The authority citation for part 630
is revised to read as follows:
Authority: 23 U.S.C. 106, 109, 112, 115,
315, 320, and 402(a); Sec. 1501 and 1503 of
Pub. L. 109–59, 119 Stat. 1144; Pub. L. 105–
178, 112 Stat. 193; Pub. L. 104–59, 109 Stat.
582; Pub. L. 97–424, 96 Stat. 2106; Pub. L.
90–495, 82 Stat. 828; Pub. L. 85–767, 72 Stat.
896; Pub. L. 84–627, 70 Stat. 380; 23 CFR
1.32 and 49 CFR 1.48(b).
Subpart G—Advance Construction of
Federal-Aid Projects
§ 630.703
The FHWA has analyzed this action
under Executive Order 13175, dated
November 6, 2000, and believes that the
proposed action would not have
substantial direct effects on one or more
Indian tribes; would not impose
substantial compliance costs on Indian
tribal governments; and will not
preempt tribal law. Therefore, a tribal
summary impact statement is not
required.
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Regulation Identification Number
A regulation identification number
(RIN) is assigned to each regulatory
section 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 section with
the Unified Agenda.
2. Revise § 630.703 to read as follows:
Executive Order 13175 (Tribal
Consultation)
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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 is not required.
Eligibility.
(a) The State Department of
Transportation (DOT) may proceed with
a project authorized in accordance with
title 23, United States Code:
(1) Without the use of Federal funds;
and
(2) In accordance with all procedures
and requirements applicable to the
project other than those procedures and
requirements that limit the State to
implementation of a project—
(i) With the aid of Federal funds
previously apportioned or allocated to
the State; or
(ii) With obligation authority
previously allocated to the State.
(b) The FHWA, on the request of a
State and execution of a project
agreement, may obligate all or a portion
of the Federal share of a project
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Federal Register / Vol. 73, No. 45 / Thursday, March 6, 2008 / Proposed Rules
authorized to proceed under this section
from any category of funds for which
the project is eligible.
§ 630.709
[Amended]
3. Amend § 630.709 by removing the
term ‘‘SHA’’ in each place it appears,
and add in its place the term ‘‘State
Department of Transportation.’’
[FR Doc. E8–4338 Filed 3–5–08; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–127770–07]
RIN 1545–BG77
Modifications of Commercial Mortgage
Loans Held by a Real Estate Mortgage
Investment Conduit (REMIC); Hearing
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of public hearing on
proposed rulemaking.
AGENCY:
SUMMARY: This document provides
notice of public hearing on proposed
regulations that would expand the list of
permitted loan modifications to include
certain modifications of commercial
mortgages.
The public hearing is being held
on Friday, April 4, 2008, at 10:30 a.m.
The IRS must receive outlines of the
topics to be discussed at the public
hearing by Friday, March 14, 2008.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue, NW., Washington,
DC 20224. Send Submissions to
CC:PA:LPD:PR (REG–127770–07), room
5205, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday to CC:PA:LPD:PR (REG–127770–
07), Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC or sent
electronically via the Federal
erulemaking Portal at
www.regulations.gov ( IRS–REG–
127770–07).
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Diana
Imholtz or Susan Thompson Baker (202)
622–3930; concerning submissions of
comments, the hearing and/or to be
placed on the building access list to
attend the hearing Funmi Taylor at (202)
622–7180 (not toll-free numbers).
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DATES:
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The
subject of the public hearing is the
notice of proposed rulemaking (REG–
127770–07) that was published in the
Federal Register on Friday, November
9, 2007 (72 FR 63523).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
that submitted written comments by
February 7, 2008 must submit an outline
of the topics to be addressed and the
amount of time to be allotted to each
topic (signed original and eight copies)
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or in the Freedom
of Information Reading Room (FOIA RR)
(Room 1621) which is located at the
11th and Pennsylvania Avenue, NW.,
entrance, 1111 Constitution Avenue,
NW., Washington, DC.
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
SUPPLEMENTARY INFORMATION:
LaNita VanDyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E8–4297 Filed 3–5–08; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2008–0004;
FRL–8539–1]
Approval and Promulgation of
Implementation Plans; Reasonably
Available Control Technology for
Oxides of Nitrogen for a Specific
Source in the State of New Jersey
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the State Implementation
Plan (SIP) for ozone submitted by the
State of New Jersey. This SIP revision
consists of a source-specific reasonably
available control technology (RACT)
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12041
determination for controlling oxides of
nitrogen from the stationary internal
combustion engines and boilers
operated by the Trigen-Trenton Energy
Co., L.P. This action proposes an
approval of the source specific RACT
determination that was made by New
Jersey in accordance with the provisions
of its regulation to help meet the
national ambient air quality standard for
ozone. The intended effect of this
proposed rule is to approve sourcespecific emissions limitations required
by the Clean Air Act.
DATES: Comments must be received on
or before April 7, 2008.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R02–
OAR–2008–0004, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: Werner.Raymond@epa.gov.
• Fax: 212–637–3901
• Mail: Raymond Werner, Chief, Air
Programs Branch, Environmental
Protection Agency, Region 2 Office, 290
Broadway, 25th Floor, New York, New
York 10007–1866.
• Hand Delivery: Raymond Werner,
Chief, Air Programs Branch,
Environmental Protection Agency,
Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007–
1866. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Docket No. EPA–R02–OAR–2008–0004.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
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]]>Agencies
[Federal Register Volume 73, Number 45 (Thursday, March 6, 2008)]
[Proposed Rules]
[Pages 12038-12041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4338]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 630
[FHWA Docket No. FHWA-2007-0020]
RIN 2125-AF23
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 revise the regulation for advance
construction of Federal-aid projects by: Removing the restriction that
a State must obligate all of its allocated or apportioned funds, or
demonstrate that it will use all obligation authority allocated to it
for Federal-aid highways and highway safety construction, prior to the
approval of advance construction projects; and clarifying that advance
construction procedures may be used for all categories of Federal-aid
highway funds, and that any available Federal-aid funds for which a
project is eligible may be used when a project is converted
[[Page 12039]]
to a Federal-aid project. These revisions will make the regulation
consistent with the advance construction statute, which was amended by
a provision enacted in the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU).
DATES: Comments must be received on or before May 5, 2008. Late-filed
comments will be considered to the extent practicable.
ADDRESSES: Mail or hand deliver comments to Docket Management Facility:
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room
W12-140, Washington, DC 20590. You may also submit comments
electronically at https://www.regulations.gov, or fax comments to (202)
493-2251. 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 acknowledgment page that appears
after submitting comments electronically. Anyone is able to search the
electronic form of all comments in any one of our dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, or labor union). You
may review the 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 https://DocketsInfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Dale Gray, Federal-aid Financial
Management Division, (202) 366-0978, or Mr. Steven Rochlis, Office of
the Chief Counsel, (202) 366-1395, Federal Highway Administration, 1200
New Jersey Avenue, SE., Washington, DC 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 and Filing
You may submit or retrieve comments online through the Federal
eRulemaking portal at https://www.regulations.gov. It 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 also be downloaded by
accessing the Office of the Federal Register's home page at: https://
www.archives.gov or the Government Printing Office's Web page at http:/
/www.gpoaccess.gov/nara.
Background
Section 115 of title 23, United States Code, permits the Secretary
to authorize States to advance the construction of Federal-aid highway
projects without requiring that Federal funds be obligated at the time
the FHWA approves a project. The State may proceed with an advance
construction project using State funds as no present or future Federal
funds are actually committed to the project. At any time the State may
request that the project be converted to a Federal-aid project provided
that sufficient Federal-aid funds and obligation authority are
available. A State also may request a partial conversion where only a
portion of the Federal share of project costs is obligated and
reimbursed; and the remainder may be converted at a later time provided
that funds are available. Only the amount converted becomes an
obligation of the Federal Government.
Section 1501 of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144) amended
23 U.S.C. 115 to remove a restriction that a State must obligate all of
its allocated or apportioned funds, or demonstrate that it will use all
obligation authority allocated to it for Federal-aid highways and
highway safety construction, prior to the approval of advance
construction projects. Section 1501 also amended the statute to clarify
that advance construction procedures can be used for all categories of
Federal-aid highway funds and that when a project is converted to a
regular Federal-aid project, any available Federal-aid funds may be
used to convert a project which is eligible. The FHWA regulations
concerning advance construction, which reflect the advance construction
requirements prior to the enactment of SAFETEA-LU, are therefore no
longer consistent with the statute.
Discussion of Proposed Change
Section 630.703 Eligibility
In this NPRM the FHWA proposes to revise the regulations for
advance construction, contained in 23 CFR 630.703, so they are
consistent with the advance construction statute as amended by section
1501 of SAFETEA-LU. These proposed revisions would make two changes.
First, they would remove the restriction that a State must obligate all
of its allocated or apportioned funds, or demonstrate that it will use
all obligation authority allocated to it for Federal-aid highways and
highway safety construction prior to the approval of advance
construction projects. Second, the revisions will clarify that advance
construction procedures may be used for all categories of Federal-aid
highway funds, and that any available Federal-aid funds may be used
when a project is converted to a Federal-aid project. These revisions
will make 23 CFR part 630 consistent with the advance construction
statute at 23 U.S.C. 115, as amended by section 1501 of SAFETEA-LU.
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 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. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined preliminarily that this action is not a
significant regulatory action within the meaning of Executive Order
12866 and would not be significant within the meaning of the U.S.
Department of Transportation's regulatory policies and procedures. This
proposed rule will not adversely affect, in a material way, any sector
of the economy. This proposed action would revise the regulation for
advance construction of Federal-aid projects by removing the
restriction that a State must obligate all of its allocated or
apportioned funds, or demonstrate that it will use all obligation
authority allocated to it for Federal-aid highways and highway safety
construction, prior to the approval of advance construction projects.
This proposal also clarifies that advance construction procedures may
be used for all categories of Federal-aid highway funds, and that any
available Federal-aid funds for which the project is eligible may be
used when a project is converted to a Federal-aid project. There will
not be any additional costs incurred by any affected group as a result
of this rule. In addition, these proposed 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.
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Consequently, a regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), we have evaluated the effects of this proposed
action on small entities and have determined that the proposed action
would not have a significant economic impact on a substantial number of
small entities. The FHWA certifies that this action will 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, and the
FHWA has preliminarily determined that this proposed action would not
warrant the preparation of a Federalism assessment. The FHWA has
determined that this proposed action would not affect the States'
ability to discharge traditional State government functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program. Accordingly, the
FHWA solicits comments on this issue.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501),
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
proposal does not contain collection of information requirements for
the purposes of the PRA.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 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
$128.1 million or more in any one year. (2 U.S.C. 1532) Further, in
compliance with the Unfunded Mandates Reform Act of 1995, the FHWA will
evaluate any regulatory action that might be proposed in subsequent
stages of the proceeding to assess the effects on State, local, and
tribal governments and the private sector.
Executive Order 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)
The FHWA has analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. The FHWA certifies that this proposed action would not
cause any environmental risk to health or safety that may
disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.
National Environmental Policy Act
The FHWA has analyzed this proposed 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 proposed 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 believes that the proposed action would not
have substantial direct effects on one or more Indian tribes; would not
impose substantial compliance costs on Indian tribal governments; and
will not preempt tribal law. Therefore, a tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this proposed rule 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 is not required.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory section 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 section with the
Unified Agenda.
List of Subjects in 23 CFR Part 630
Reimbursement, Grants programs--transportation, Highways and roads.
Issued on: February 28, 2008.
James D. Ray,
Acting Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend
Chapter I of title 23, Code of Federal Regulations as set forth below.
PART 630--PRECONSTRUCTION PROCEDURES
1. The authority citation for part 630 is revised to read as
follows:
Authority: 23 U.S.C. 106, 109, 112, 115, 315, 320, and 402(a);
Sec. 1501 and 1503 of Pub. L. 109-59, 119 Stat. 1144; Pub. L. 105-
178, 112 Stat. 193; Pub. L. 104-59, 109 Stat. 582; Pub. L. 97-424,
96 Stat. 2106; Pub. L. 90-495, 82 Stat. 828; Pub. L. 85-767, 72
Stat. 896; Pub. L. 84-627, 70 Stat. 380; 23 CFR 1.32 and 49 CFR
1.48(b).
Subpart G--Advance Construction of Federal-Aid Projects
2. Revise Sec. 630.703 to read as follows:
Sec. 630.703 Eligibility.
(a) The State Department of Transportation (DOT) may proceed with a
project authorized in accordance with title 23, United States Code:
(1) Without the use of Federal funds; and
(2) In accordance with all procedures and requirements applicable
to the project other than those procedures and requirements that limit
the State to implementation of a project--
(i) With the aid of Federal funds previously apportioned or
allocated to the State; or
(ii) With obligation authority previously allocated to the State.
(b) The FHWA, on the request of a State and execution of a project
agreement, may obligate all or a portion of the Federal share of a
project
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authorized to proceed under this section from any category of funds for
which the project is eligible.
Sec. 630.709 [Amended]
3. Amend Sec. 630.709 by removing the term ``SHA'' in each place
it appears, and add in its place the term ``State Department of
Transportation.''
[FR Doc. E8-4338 Filed 3-5-08; 8:45 am]
BILLING CODE 4910-22-P
