[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Pages 63411-63412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31244]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. FHWA-97-2907]


Outdoor Advertising Control

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Nevada Department of Transportation (NVDOT) proposes to 
amend the Highway Beautification Federal/State Agreement dated January 
21, 1972, between the United States of America represented by the 
Secretary of Transportation and the State of Nevada.

DATES: Comments must be received on or before December 29, 1997.

ADDRESSES: Submit written, signed comments to FHWA Docket FHWA-97-2907, 
the Docket Clerk, U.S. DOT Docket Room PL-401, 400 Seventh Street, SW., 
Washington, D.C. 20590. All comments received will be available for 
examination at the above address between 10:00 a.m. and 5:00 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope/postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Robert A. Johnson, Chief, Program 
Services Division, Office of Real Estate Services, HRE-20, (202) 366-
2020; or Mr. Robert Black, Office of Chief Counsel, HCC-31, (202) 366-
1359, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Highway Beautification Act of 1965 
(HBA), codified at 23 U.S.C. Sec. 131, requires States to provide 
effective control of outdoor advertising in the areas adjacent to both 
the Interstate System and Federal-aid primary system. States must 
provide effective control as a condition of receiving their full 
apportionment of Federal-aid Highway Funds. Effective control of 
outdoor advertising includes prohibiting the erection of new 
advertising signs except for certain categories of signs listed at 
Sec. 131(c).
    One of these sign categories, ``off premise'' signs, may be allowed 
by a State in zoned or unzoned commercial or industrial areas. Signs in 
such areas must conform to the requirements of an agreement between the 
State and the Federal Government which establishes size, lighting, and 
spacing criteria consistent with customary use. The agreement between 
Nevada and the FHWA was executed January 21, 1972.
    The 1972 agreement states that the State of Nevada may permit signs 
to be erected no closer than 500 feet from an intersection outside 
``incorporated villages and cities.'' The amendment to the agreement, 
the exact language of which is set forth below, would use the term 
``urbanized area boundaries'' as defined by 23 U.S.C. Sec. 101(a) in 
place of ``incorporated villages and cities.''
    In April 1980 the FHWA adopted a procedure to be followed if a 
State requested a change in the Federal/State agreement. A State must 
first submit its proposed change, along with the reasons for the change 
and the effects of such change, to the FHWA Division Office. The 
Division, Region, and headquarters offices all review and comment on 
the proposal. If the concept is approved, the State must then hold 
public hearings on the proposed change to receive comments from the 
public. If the State then wishes to amend the agreement, it must 
submit: (1) the justification for the change; (2) the record of the 
hearings; and (3) an assessment of the impact. These are summarized and 
published in the Federal Register for comments. Comments on the 
proposed amended agreement will then be evaluated by the FHWA. The FHWA 
will then decide if the agreement should be amended as proposed and 
will publish its decision in the Federal Register. An amended agreement 
will then be sent to the State for signature.
    Nevada has completed the above procedure up to the point of 
publishing in the Federal Register. No negative comments were received 
in response to the State's public hearings on this proposed change, and 
several supportive comments were received. Nevada's formal request 
provides justification for the proposed revision to the 1972 Federal/
State Agreement. The primary issue is that the term ``urbanized area 
boundaries'' would be more consistent with the Code of Federal 
Regulations (23 CFR 750, Subpart G) which speaks primarily of urban 
areas, rather than incorporated cities, towns, or villages. The change 
in the agreement is aimed primarily at effective control of billboards 
in Clark County (Las Vegas), Nevada, where a vast part of the 
metropolitan area is outside the incorporated city limits of Las Vegas. 
The State of Nevada believes that this change in the agreement could 
allow between 20 and 24 new billboard sites primarily in the Las Vegas 
area. The State maintains that this would result in minimal aesthetic 
impact because the urban areas are generally developed and contain 
numerous on-premise signs.

The Proposed Change

    The Federal/State Agreement ``For Carrying Out the National Policy 
Relative to Control of Outdoor Advertising in Areas Adjacent to the 
National System of Interstate and Defense Highways and the Federal-Aid 
Primary System'' made and entered on January 21, 1972, between the 
United States of America represented by the Secretary of Transportation 
acting by and through the Federal Highway

[[Page 63412]]

Administrator and the State of Nevada now reads at Section III: STATE 
CONTROL, Paragraph 2. b. Spacing of Signs, as follows: ``Outside of 
incorporated villages and cities, no structure may be located adjacent 
to or within 500 feet of an interchange, intersection at grade, or 
safety rest area. Said 500 feet to be measured along the Interstate or 
freeway from the beginning or ending of pavement widening at the exit 
from or entrance to the main-traveled way.''
    The amended agreement would read as follows: ``Outside of urbanized 
area boundaries, as defined by 23 U.S.C. 101(a), no structure may be 
located adjacent to or within 500 feet of an interchange, intersection 
at grade, or safety rest area. Said 500 feet to be measured along the 
Interstate or freeway from the beginning or ending of pavement widening 
at the exit from or entrance to the main-traveled way.''

    Authority: 23 U.S.C. 315; 49 CFR 1.48.

    Issued on: November 19, 1997.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 97-31244 Filed 11-26-97; 8:45 am]
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