Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6341

1974 Comp., p. 163; subpart G also issued

under 5 U.S.C. 6305; subpart H also issued

under 5 U.S.C. 6326; subpart I also issued

under 5 U.S.C. 6332, Pub. L. 100–566, 102

Stat. 2834, and Pub. L. 103–103, 107 Stat.

1022; subpart J also issued under 5 U.S.C.

6362, Pub. L. 100–566, and Pub. L. 103–103;

subpart K also issued under Pub. L. 105–18,

111 Stat. 158; subpart L also issued under 5

U.S.C. 6387 and Pub. L. 103–3, 107 Stat. 23;

and subpart M also issued under 5 U.S.C.

6391 and Pub. L. 102–25, 105 Stat. 92.

Subpart B—Definitions and General

Provisions for Annual and Sick Leave

2. In § 630.201(b), a new definition of

serious health condition is added in

alphabetical order to read as follows:

§ 630.201 Definitions.

* * * * *

Serious health condition has the

meaning given that term in § 630.1202.

* * * * *

Subpart D—Sick Leave

3. In § 630.401, the introduction to

paragraph (a) and paragraphs (a)(3) and

(b) are revised; paragraphs (c) through

(e) are redesignated as paragraphs (d)

through (f), respectively; a new

paragraph (c) is added; and in newly

designated paragraph (e), ‘‘(c)’’ is

removed and ‘‘(d)’’ is added in its place

wherever it appears to read as follows:

§ 630.401 Grant of sick leave.

(a) Subject to paragraphs (b) through

(f) of this section, an agency must grant

sick leave to an employee when the

employee—

* * * * *

(3)(i) Provides care for a family

member who is incapacitated as the

result of physical or mental illness,

injury, pregnancy, or childbirth or who

receives medical, dental, or optical

examination or treatment; or

(ii) Provides care for a family member

with a serious health condition.

* * * * *

(b) The amount of sick leave granted

to an employee during any leave year

for the purposes described in

paragraphs (a)(3)(i) and (4) of this

section may not exceed a total of 104

hours (or, in the case of a part-time

employee or an employee with an

uncommon tour of duty, the number of

hours of sick leave normally accrued by

that employee during a leave year).

(c)(1) An employee who is caring for

a family member with a serious health

condition under paragraph (a)(3)(ii) of

this section may use a total of up to 480

hours of sick leave (or, in the case of a

part-time employee or an employee with

an uncommon tour of duty, an amount

of sick leave equal to 12 times the

average number of hours in his or her

scheduled tour of duty each week)

during a leave year, subject to the

limitation found in paragraph (c)(2) of

this section.

(2) If, at the time an employee uses

sick leave to care for a family member

with a serious health condition under

paragraph (a)(3)(ii) of this section, he or

she has used any portion of the sick

leave authorized under paragraph (b) of

this section during that leave year, that

amount must be subtracted from the

maximum number of hours authorized

under paragraph (c)(1) of this section to

determine the total amount of sick leave

that may be used during the remainder

of the leave year to care for a family

member with a serious health condition.

* * * * *

4. Section 630.403 is revised to read

as follows:

§ 630.403 Supporting Evidence.

(a) An agency may grant sick leave

only when supported by evidence

administratively acceptable. Regardless

of the duration of the absence, an

agency may consider an employee’s

certification as to the reason for his or

her absence as evidence

administratively acceptable. For an

absence in excess of 3 workdays, or for

a lesser period when determined

necessary, the agency may also require

a medical certificate or other

administratively acceptable evidence as

to the reason for an absence for any of

the purposes described in § 630.401(a).

(b) An agency may establish a

uniformly applied policy that requires

employees to provide administratively

acceptable evidence or medical

certification for a request for sick leave

within a specified time period. An

employee who does not provide

required administratively acceptable

evidence or medical certification within

his or her agency’s specified time period

is not entitled to sick leave.

§ 630.405 [Amended.]

5. In paragraph (a), remove ‘‘(e)’’ and

add in its place ‘‘(f),’’ and in paragraph

(b), remove the last sentence.

* * * * *

[FR Doc. 00–2932 Filed 2–4–00; 4:26 pm]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV00–989–2 PR]

Raisins Produced From Grapes Grown

in California; Increase in

Compensation Rate for Handlers’

Services Performed Regarding

Reserve Raisins

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule invites comments

on increasing, by approximately 15

percent, the compensation rate for

handlers’ services performed in

connection with reserve raisins covered

under the Federal marketing order for

California raisins (order). The order

regulates the handling of raisins

produced from grapes grown in

California and is administered locally

by the Raisin Administrative Committee

(Committee). These changes are

necessary to reflect current industry

costs.

DATES: Comments must be received by

April 10, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposal. Comments

must be sent to the Docket Clerk,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, PO Box

96456, Washington, DC 20090–6456;

Fax: (202) 720–5698, or E-mail:

moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (559) 487–5901, Fax: (559)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, PO Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

or Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

6342 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules

Branch, Fruit and Vegetable Programs,

AMS, USDA, PO Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698; or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This

proposal is issued under Marketing

Agreement and Order No. 989 (7 CFR

part 989), both as amended, regulating

the handling of raisins produced from

grapes grown in California, hereinafter

referred to as the ‘‘order.’’ The order is

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing, the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction in

equity to review the Secretary’s ruling

on the petition, provided an action is

filed not later than 20 days after the date

of the entry of the ruling.

This rule invites comments on

increasing the compensation rate for

handlers’ services performed in

connection with reserve raisins covered

under the order. Under the order,

handlers are compensated for receiving,

storing, fumigating, and handling

reserve tonnage raisins acquired during

a crop year. This rule would increase

this rate from $40 to $46 per ton to

reflect current industry costs. This

action was unanimously recommended

by the Committee on November 10,

1999. Additional payment for reserve

raisins held beyond the crop year of

acquisition would be increased from

$2.00 to $2.30 per ton for the first 3

months, and from $1.03 to $1.18 per ton

per month for the remaining 9 months.

This action was unanimously

recommended by the Committee on

January 13, 2000.

The order provides authority for

volume regulation designed to promote

orderly marketing conditions, stabilize

prices and supplies, and improve

producer returns. When volume

regulation is in effect, a certain

percentage of the California raisin crop

may be sold by handlers to any market

(free tonnage) while the remaining

percentage must be held by handlers in

a reserve pool (or reserve) for the

account of the Committee. Reserve

raisins are disposed of through certain

programs authorized under the order.

For instance, reserve raisins may be sold

by the Committee to handlers for free

use; used in diversion programs; carried

over as a hedge against a short crop the

following year; or disposed of in other

outlets not competitive with those for

free tonnage raisins, such as government

purchase, distilleries, or animal feed.

Proceeds generated from sales of reserve

raisins are also used to support handler

sales to export markets, which are

generally lower-priced than the

domestic market. Net proceeds from

sales of reserve raisins are distributed to

the reserve pool’s equity holders,

primarily producers.

Section 989.66(f) of the order specifies

that handlers be compensated for

receiving, storing, fumigating, and

handling that tonnage of reserve raisins

determined by the reserve percentage of

a crop year and held by them for the

account of the Committee, in

accordance with a schedule of payments

established by the Committee and

approved by the Secretary. Such

compensation is paid by the Committee

to handlers as soon as practicable after

the end of the second quarter of the crop

year (January) and quarterly thereafter.

The crop year runs from August 1

through July 31. The order also requires

that the Committee review this rate

annually.

Section 989.401(a) of the order’s rules

and regulations specifies that handlers

be compensated at a rate of $40 per ton

(natural condition weight at the time of

acquisition) for receiving, storing,

fumigating, and handling reserve raisins

acquired during a particular crop year.

The Committee conducted a survey

among handlers to obtain data on the

current costs of receiving, storing,

fumigating, and handling raisins. The

survey showed that such costs ranged

from about $40 to $71.50 per ton. After

analyzing the survey, the Committee

recommended that the compensation

rate provided for such services

performed in connection with reserve

raisins be increased from $40 to $46 per

ton to reflect current industry costs.

Paragraph (a)(1) of § 989.401 is proposed

to be modified accordingly.

In addition, the Committee

recommended that payment to handlers

for reserve raisins held beyond the end

of a crop year be increased by the same

percentage (15 percent). Additional

payment for reserve raisins held beyond

the crop year of acquisition would be

increased from $2.00 to $2.30 per ton for

the first 3 months (August through

October), and from $1.03 to $1.18 per

ton per month for the remaining 9

months (November through July).

Appropriate modifications are proposed

to paragraph (b) of § 989.401.

This rule would also make a minor

correction to paragraph (b) of § 989.401.

That paragraph, which, as indicated

above, specifies the additional payment

for reserve raisins held beyond the crop

year of acquisition, states such

additional payment for months

reflecting a crop year from September 1

through August 31. However, the order

was amended in 1976 to change the

crop year from August 1 through July

31. Thus, the first 3 months of the crop

year should be August through October,

rather than September through

November, and the remaining 9 months

of the crop year would be the period

November through July. Accordingly,

appropriate modifications are proposed

to paragraph (b) of § 989.401.

Finally, this rule would make a

conforming change to paragraph (c) of

§ 989.401 regarding rental payment on

boxes and bins containing raisins held

beyond the crop year of acquisition.

Persons who furnish boxes or bins used

for storing reserve raisins are

compensated for the use of such

containers. Section 989.401(c) currently

reflects a crop year from September 1

through August 31 and should be

modified to reflect the current August 1

through July 31 crop year. Appropriate

changes are proposed to § 989.401(c).

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA),

the Agricultural Marketing Service

(AMS) has considered the economic

impact of this action on small entities.

Accordingly, AMS has prepared this

initial regulatory flexibility analysis.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6343

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 20 handlers

of California raisins who are subject to

regulation under the order and

approximately 4,500 raisin producers in

the regulated area. Small agricultural

service firms have been defined by the

Small Business Administration (13 CFR

121.201) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those having annual receipts of less than

$500,000. Thirteen of the 20 handlers

have annual sales estimated to be at

least $5,000,000, and the remaining 7

handlers have estimated sales less than

$5,000,000, excluding receipts from any

other sources. No more than 7 handlers,

and a majority of producers, of

California raisins may be classified as

small entities.

Pursuant to § 989.66(f) of the order,

this rule would increase the

compensation rate for handlers’ services

performed in connection with reserve

raisins covered under the order. This

rule would revise paragraphs (a)(1) and

(b) of § 989.401, respectively, to increase

the handlers’ compensation for

receiving, storing, fumigating, and

handling reserve raisins acquired during

a particular crop year from $40 to $46

per ton, and increase such additional

payment for reserve raisins held beyond

the crop year of acquisition from $2.00

to $2.30 per ton for the first 3 months

(August through October), and from

$1.03 to $1.18 per ton per month for the

remaining 9 months (November through

July). These changes are necessary to

reflect current industry costs.

Conforming changes are also proposed

to paragraphs (b) and (c) of § 989.401 to

reflect the current August 1 through July

31 crop year.

Regarding the impact of this rule on

affected entities, handlers and

producers, the order provides that

handlers store reserve raisins for the

account of the Committee. Net proceeds

from sales of such reserve raisins are

distributed back to the reserve pool’s

equity holders, primarily producers.

Handlers are compensated from reserve

pool funds for their costs in receiving,

storing, fumigating, and handling

reserve raisins. Currently, handlers are

compensated at a rate of $40 per ton for

reserve raisins acquired during a

particular crop year. For example, for

the 1997–98 crop year, about 130,000

tons of raisins were held in reserve, and

handlers were compensated a total of

about $5.7 million from the 1997–98

reserve pool. A Committee survey

showed that handler costs regarding

reserve raisins has increased in recent

years and that handlers have been

absorbing these costs. Increasing the $40

per ton fee to $46 per ton for reserve

raisins acquired during a particular crop

year would more appropriately reflect

the costs incurred by handlers and

thereby reduce net proceeds to equity

holders. There should be no

disproportionate impact of this

proposed action on small entities. Costs

are allocated to equity holders based on

their proportionate share of raisins in

the reserve pool. In addition, this cost

is incorporated into the price of reserve

raisins that are sold to handlers for free

use. Thus, the reserve pool is ultimately

reimbursed for some of this cost.

Other alternatives to the proposed

rates were considered by the raisin

industry prior to the Committee’s

recommendations. The Committee’s

Administrative Issues Subcommittee

met on November 9, 1999, and

considered rates of $44 and $50 per ton

for services performed in connection

with reserve raisins acquired during a

crop year. Ultimately, the Committee

concluded that the proposed $46 per ton

rate for services performed during the

year of acquisition, and comparable

rates for the succeeding crop year, were

appropriate.

This proposed rule would increase

the compensation rate for handlers’

services regarding reserve tonnage

raisins. Accordingly, this action would

not impose any additional reporting or

recordkeeping requirements on either

small or large raisin handlers. As with

all Federal marketing order programs,

reports and forms are periodically

reviewed to reduce information

requirements and duplication by

industry and public sector agencies.

Finally, the Department has not

identified any relevant Federal rules

that duplicate, overlap or conflict with

this proposed rule.

In addition, the Committee’s

Administrative Issues Subcommittee

meeting on November 9, 1999, and the

Committee meetings on November 10,

1999, and on January 13, 2000, where

this action was deliberated were all

public meetings widely publicized

throughout the raisin industry. All

interested persons were invited to

attend the meetings and participate in

the industry’s deliberations. Finally, all

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

http://www.ams.usda.gov/fv/moab/

html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

A 60-day comment period is invited

to allow interested persons to respond

to this proposal. All written comments

timely received will be considered

before a final determination is made on

this matter.

List of Subjects in 7 CFR Part 989

Grapes, Marketing agreements,

Raisins, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 989 is proposed to

be amended as follows:

PART 989—RAISINS PRODUCED

FROM GRAPES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 989 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 989.401, paragraphs (a)(1), (b),

and (c) are revised to read as follows:

§ 989.401 Payments for services

performed with respect to reserve tonnage

raisins.

(a) Payment for crop year of

acquisition.—(1) Receiving, storing,

fumigating, and handling. Each handler

shall be compensated at a rate of $46 per

ton (natural condition weight at the time

of acquisition) for receiving, storing,

fumigating, and handling the reserve

tonnage raisins, as determined by the

final reserve tonnage percentage,

acquired during a particular crop year

and held by the handler for the account

of the Committee during all or any part

of the same crop year.

* * * * *

(b) Additional payment for reserve

tonnage raisins held beyond the crop

year of acquisition. Additional payment

for reserve tonnage raisins held beyond

the crop year of acquisition shall be

made in accordance with this

paragraph. Each handler holding such

raisins for the account of the Committee

on August 1 shall be compensated for

storing, handling, and fumigating such

raisins at the rate of $2.30 per ton per

month, or any part thereof, between

August 1 and October 31, and at the rate

of $1.18 per ton per month, or any part

thereof, between November 1 and July

31. Such services shall be completed so

that the Committee is assured that the

raisins are maintained in good

condition.

(c) Payment of rental on boxes and

bins containing raisins held beyond the

crop year of acquisition. Payment of

rental on boxes and bins containing

6344 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules

reserve tonnage raisins held beyond the

crop year of acquisition shall be made

in accordance with this paragraph. Each

handler, producer, dehydrator, and

other person who furnishes boxes or

bins in which such raisins are held for

the account of the Committee on August

1 shall be compensated for the use of

such boxes and bins. The rate of

compensation shall be: For boxes, two

and one-half cents per day, not to

exceed a total payment of $1 per box per

year, per average net weight of raisins in

a sweatbox, with equivalent rates for

raisins in boxes other than sweatboxes;

and for bins 20 cents per day per bin,

not to exceed a total of $10 per bin per

year. For purposes of this paragraph,

box means any container with a

capacity of less than 1,000 pounds and

bin means any container with a capacity

of 1,000 pounds, or more. The average

net weight of raisins in each type of box

shall be the industry average as

computed by the Committee for the box

in which the raisins are so held. No

further compensation shall be paid

unless the raisins are so held in the

boxes on the succeeding August 1.

* * * * *

Dated: February 3, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–2980 Filed 2–8–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 645

[FHWA Docket No. FHWA–99–6232]

RIN 2125–AE68

Utilities

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); request for comments.

SUMMARY: The FHWA proposes to

amend its regulation prescribing

policies, procedures, and

reimbursement provisions for the

adjustment and relocation of existing

utility facilities, and for the

accommodation of new utility facilities

and private lines on the right-of-way of

Federal-aid and direct Federal highway

projects. These amendments will bring

the FHWA’s utilities regulation into

conformance with recent laws,

regulations, or guidance, and will

provide State transportation

departments (STDs) clarification and

more flexibility in implementing it.

DATES: Comments in response to this

NPRM must be received on or before

April 10, 2000.

ADDRESSES: Submit written, signed

comments to the docket number

appearing at the top of this document.

You must submit your comments to the

Docket Clerk, U.S. DOT Dockets Room,

Room PL–401, 400 Seventh Street, SW.,

Washington, DC 20590. All comments

will be available for examination at the

above address between 9 a.m. and 5

p.m., e.t., Monday through Friday,

except Federal holidays. To receive

notification of receipt of comments you

must include a pre-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scott, (202) 366–4104, Office of

Program Administration, HIPA–20, or

Mr. Reid Alsop, (202) 366–0791, Office

of the Chief Counsel, HCC–31. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

Internet users may access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

An electronic copy of this document

may be downloaded by using a 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 database at: http://

www.access.gpo.gov/nara.

Background

Present FHWA regulations regarding

utility relocation and accommodation

matters have evolved from basic

principles established decades ago, with

many of the policies remaining

unchanged. The present regulations are

found in 23 CFR part 645. Subpart A of

this part pertains to utility relocations,

adjustments, and reimbursement.

Subpart B pertains to the

accommodation of utilities.

The utility regulations were revised

on May 15, 1985, when a final rule was

published in the Federal Register at 50

FR 20344. Three significant changes

have occurred since then, on February

2 and July 1, 1988, when amendments

to the regulation were published at 53

FR 2829 and 53 FR 24932; and on July

5, 1995, when a final rule was published

at 60 FR 34846. The February 2, 1988,

amendment provided that each State

must decide, as part of its utility

relocation plan, whether to allow

longitudinal utility installations within

the access control limits of freeways and

if allowed under what circumstances.

The July 1, 1988, amendment clarified

that costs incurred by highway agencies

in implementing projects solely for

safety corrective measures to reduce the

hazards of utilities to highway users are

eligible for Federal-aid participation.

The July 5, 1995, amendment raised the

upper limit for FHWA forgoing

preaward review and/or approval of

consultant contracts for preliminary

engineering from $10,000 to $25,000;

increased the ceiling for lump sum

agreements from $25,000 to $100,000;

clarified the methodology to be used to

compute indirect or overhead rates;

required utilities to submit final billings

within 180 calendar days following

completion of the work; brought the

definition of ‘‘clear zone’’ into

conformance with the American

Association of State Highway and

Transportation Officials (AASHTO)

‘‘Roadside Design Guide’’; and

conformed the utilities regulations to

the Intermodal Surface Transportation

Efficiency Act of 1991 (ISTEA), Public

Law 102–240, 105 Stat. 1914.

The proposed amendments would

change the regulation as follows:

—Eliminate the $100,000 upper limit for

lump-sum agreements.

—Allow reimbursement for labor

surcharge, material, and supply costs

to be based upon unit costs, as well

as average costs, in lieu of actual

costs.

—Apply the utility regulations to

facilities similar to utilities, i.e.,

facilities, such as wireless

telecommunications towers, that are

included in the definition of utility

and are considered to be utilities by

many, but not all, of the States.

—Suggest the Federal share of net

income from revenues obtained by

STDs for utility use of highway rightsof-way on Federal-aid highway

projects be used by the State for

projects eligible under title 23, U.S.C.

—Clarify the intent of the regulations

that STDs control utility use of

highway right-of-way on Federal-aid

highway projects within the State and

its political subdivisions, but not

necessarily on all Federal-aid

highways.

—Set forth as the most important

consideration in determining whether