27228 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. 98–3467]

RIN 2125–AE36

Truck Size and Weight; National

Network; North Dakota

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); request for comments.

SUMMARY: The FHWA proposes to

modify the National Network for

commercial motor vehicles by adding a

route in North Dakota. The National

Network was established by a final rule

on truck size and weight published on

June 5, 1984, as since modified. This

rulemaking proposes to add one

segment to the National Network as

requested by the State of North Dakota.

DATES: Comments on this docket must

be received on or before July 17, 1998.

ADDRESSES: Signed, written comments

should refer to the docket number that

appears at the top of this document and

must be submitted to the Docket Clerk,

U.S. DOT Dockets, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. All comments received

will be available for examination at the

above address between 10 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

envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Thomas Klimek, Office of Motor Carrier

Information Management and Analysis

(202–366–2212), or Mr. Charles

Medalen, Office of the Chief Counsel

(202–366–1354), Federal Highway

Administration, 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.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users can access all

comments received by the U.S. 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 using a modem and

suitable communications software from

the Federal Register Electronic Bulletin

Board Service at (202)512–1661.

Internet users may reach the Federal

Register’s home page at: http://

www.nara.gov/nara/fedreg and the

Government Printing Office’s database

at: http://www.access.gpo.gov/suldocs.

Background

The National Network of Interstate

highways and Federally-designated

routes, on which commercial vehicles

with the dimensions authorized by the

Surface Transportation Assistance Act

of 1982 (STAA), 49 U.S.C. 31111,

31113–31114, may operate, was

established by a final rule published in

the Federal Register on June 5, 1984 (49

FR 23302), as subsequently modified.

These highways are located in each

State, the District of Columbia, and

Puerto Rico. Routes on the National

Network are listed in appendix A of 23

CFR Part 658.

Procedures for the addition and

deletion of routes are outlined in 23

CFR 658.11 and include the issuance of

a notice of proposed rulemaking

(NPRM) before final rulemaking.

The State of North Dakota, under

authority of the Governor, requests the

addition of one segment to the National

Network. The segment has been

reviewed by State and FHWA offices for

general adherence to the criteria of 23

CFR 658.9 and found to provide for the

safe operation of larger commercial

vehicles and for the needs of interstate

commerce.

The segment requested is generally

described as ND Highway 32 from the

west junction of ND Highway 13 north

to Interstate 94, a distance of

approximately 56 miles.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this

action does not constitute a significant

regulatory action within the meaning of

E.O. 12866, nor is it considered

significant under the regulatory policies

and procedures of the DOT. It is

anticipated that the economic impact of

this rulemaking will be minimal. This

rulemaking proposes technical

amendments to 23 CFR 658, adding a

certain highway segment in accordance

with statutory provisions. This segment

represents a very small portion of the

National Network and has a negligible

impact on the prior system. Therefore,

a full regulatory evaluation is not

required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), the

FHWA has evaluated the effects of this

proposal on small entities. This

rulemaking proposes a technical

amendment to 23 CFR 658, adding a

certain highway segment in accordance

with statutory provisions. This segment

represents a very small portion of the

National Network and has a negligible

impact on the prior system. This

rulemaking would, however, allow

motor carriers, including small carriers,

access to a highway segment not

available to them at the present time.

Based on its evaluation of this

proposal, the FHWA certifies that this

action would not have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act

This rule does not impose unfunded

mandates as defined by the Unfunded

Mandates Reform Act of 1995 (Pub. L.

104–4). This rulemaking relates to the

Federal-aid Highway Program which is

a financial assistance program in which

State, local, or tribal governments have

authority to adjust their program in

accordance with changes made in the

program by the Federal government, and

thus is excluded from the definition of

Federal mandate under the Unfunded

Mandates Reform Act of 1995.

Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal Programs and

activities do not apply to this program.

Paperwork Reduction Act

The proposal in this document does

not contain information collection

requirements for the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501

et seq.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42
Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Proposed Rules 27229

U.S.C. 4321 et seq.) and has determined

that this action would not have any

effect on the quality of the environment.

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 RIN 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 658

Grants programs—transportation,

Highways and roads, Motor carrier—

size and weight.

Issued on: May 8, 1998

Gloria J. Jeff,

Deputy Administrator, Federal Highway

Administration.

In consideration of the foregoing, the

FHWA proposes to amend title 23, Code

of Federal Regulations, Chapter 1,

appendix A to Part 658 for the State of

North Dakota as set forth below:

PART 658—TRUCK SIZE AND WEIGHT,

ROUTE DESIGNATIONS—LENGTH,

WIDTH AND WEIGHT LIMITATIONS

1. The authority citation for 23 CFR

part 658 continues to read as follows:

Authority: 23 U.S.C. 127 and 315; 49

U.S.C. 31111–31115; 49 CFR 1.48(b)(19) and

(c)(19).

2. Appendix A to Part 658 is amended

for the State of North Dakota by adding

a new route listing entry after the listing

for ND 13, ND 1 S. Jct., MN State Line

, to read as follows:

Appendix A to Part 658—National Network—Federally-Designated Routes

* * * * *

NORTH DAKOTA

Route From To

* * * * * * *

ND32 ................. West Junction of ND Highway 13 North ...................................................................................................................... I–94

* * * * * * *

* * * * *

[FR Doc. 98–13154 Filed 5–15–98; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–217–FOR]

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: OSM is reopening the public

comment period on a proposed

amendment to the Kentucky regulatory

program (hereinafter the ‘‘Kentucky

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). Kentucky submitted a letter

requesting the removal of an

amendment at 30 CFR 917.17(a) which

required that it maintain a staffing level

of 156 field inspectors and, in the same

letter, provided justification for its

request. The amendment is intended to

revise the Kentucky program to be

consistent with the corresponding

Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.D.T.], June 2,

1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to William

J. Kovacic, Director, at the address listed

below.

Copies of the Kentucky program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the address listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Lexington Field Office.

William J. Kovacic, Director, Lexington

Field Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Road, Lexington, Kentucky

40503. Telephone: (606) 233–2494.

Department of Surface Mining

Reclamation and Enforcement, 2

Hudson Hollow Complex, Frankfort,

Kentucky 40601. Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2494.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. Background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 18, 1982, Federal Register (47

FR 21404). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 917.11, 917.13, 917.15,

917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated November 3, 1997

(Administrative Record No. KY–1418),

Kentucky submitted a proposed

amendment to its program requesting

the removal of an amendment at 30 CFR

917.17(a) requiring that Kentucky

maintain a staffing level of 156 field

inspectors. The proposed amendment

was announced in the December 10,

1997, Federal Register (62 FR 65044).

The notice did not clarify that

Kentucky submitted documents that

provide evidence that it has sufficient

inspection and enforcement staffing

levels to regulate mining in accordance

with SMCRA. OSM, therefore, reopened

the comment period to describe the

documents submitted. The submission

of the additional information was