Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23845

inspections to detect cracks of the MLG

pistons.

(2) For any MLG piston that has

accumulated 5,000 or more total landings

since date of manufacture, but less than

30,000 total landings since date of

manufacture: Within 1,500 landings on the

MLG piston or 12 months after the effective

date of this AD, whichever occurs later, do

dye penetrant and magnetic particle

inspections to detect cracks of the MLG

pistons.

(3) For any MLG piston that has

accumulated 30,000 or more total landings

since date of manufacture: Within 6 months

after the effective date of this AD, replace the

MLG piston with a new or serviceable MLG

piston per the service bulletin. Following

accomplishment of the replacement, do the

actions specified in paragraph (a), (e), or (h)

of this AD, as applicable, at the time

indicated in that paragraph.

(i) If no crack is found during any

inspection required by either paragraph (h)(1)

or (h)(2) of this AD, repeat the dye penetrant

and magnetic particle inspections required

by either paragraph (h)(1) or (h)(2) of this AD

thereafter at intervals not to exceed 2,500

landings. Prior to the accumulation of 30,000

or more total landings on the MLG piston, do

the actions specified in paragraph (d)(1) of

this AD.

(j) If any crack is found during any

inspection required by either paragraph (h)(1)

or (h)(2) of this AD, before further flight, do

the action(s) specified in either paragraph

(d)(1) or (d)(2) of this AD.

Exception to Actions Referenced in Service

Bulletin

(k) If any discrepancy is found during any

inspection while accomplishing the

preventative modification required by this

AD, prior to further flight, do applicable

corrective action(s) per McDonnell Douglas

Service Bulletin MD80–32–277, Revision 04,

dated December 7, 1999. If the service

bulletin specifies to contact the manufacturer

for appropriate action: Prior to further flight,

repair in accordance with a method approved

by the Manager, Los Angeles ACO. For a

repair method to be approved by the

Manager, Los Angeles ACO, as required by

this paragraph, the Manager’s approval letter

must specifically reference this AD.

Optional Terminating Action

(l) Replacement of any MLG piston with a

new MLG piston, P/N 5935347–517, per

McDonnell Douglas Service Bulletin MD80–

32–309, dated January 31, 2000, constitutes

terminating action for the requirements of

this AD for that MLG piston.

Alternative Methods of Compliance

(m)(1) An alternative method of

compliance or adjustment of the compliance

time that provides an acceptable level of

safety may be used if approved by the

Manager, Los Angeles ACO. Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector, who

may add comments and then send it to the

Manager, Los Angeles ACO.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

(2) Alternative methods of compliance,

approved previously in accordance with AD

96–19–09, amendment 39–9756, are

approved as alternative methods of

compliance with this AD.

Special Flight Permits

(n) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(o) Except as provided by paragraphs

(d)(2), (k), and (l) of this AD, the actions shall

be done in accordance with McDonnell

Douglas Service Bulletin MD80–32–277,

Revision 04, dated December 7, 1999. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from Boeing

Commercial Aircraft Group, Long Beach

Division, 3855 Lakewood Boulevard, Long

Beach, California 90846, Attention: Data and

Service Management, Dept. C1–L5A (D800–

0024). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Los Angeles Aircraft Certification

Office, 3960 Paramount Boulevard,

Lakewood, California; or at the Office of the

Federal Register, 800 North Capitol Street,

NW., suite 700, Washington, DC.

Effective Date

(p) This amendment becomes effective on

June 14, 2001.

Issued in Renton, Washington, on May 3,

2001.

Lirio Liu Nelson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11674 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 630

[FHWA Docket No. 2000–7426]

RIN 2125–AE77

Federal-Aid Project Agreement

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule.

SUMMARY: The FHWA is amending its

regulation on project agreements.

Section 1305 of the Transportation

Equity Act for the 21st Century (TEA–

21) amended 23 U.S.C. 106(a) and

combined authorization of work and

execution of the project agreement for a

Federal-aid project into a single action.

Changes to the agreement provisions

reflect these adjustments. Additionally,

section 1304 of the TEA–21 amended 23

U.S.C. 102(b) to include a provision to

allow the granting of time extensions for

engineering cost reimbursement.

Changes to the agreement procedures

are added to provide this new

flexibility.

DATES: This final rule is effective June

11, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack Wasley, Office of Program

Administration (HIPA), 202–366–4658,

or Harold Aikens, Office of the Chief

Counsel, 202–366–0791, Federal

Highway Administration, 400 Seventh

Street, SW., Washington, DC 20590–

0001. Office hours are from 7:45 a.m. to

4:15 p.m., e.t., Monday through Friday

except Federal holidays.

SUPPLEMENTARY INFORMATION: The

amendments in this final rule are based

primarily on the notice of proposed

rulemaking (NPRM) published on

August 31, 2000, at 65 FR 52962 (FHWA

Docket No. 2000–7426). All comments

received in response to this NPRM have

been considered in adopting these

amendments.

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. Electronic

submission and retrieval help and

guidelines are available under the help

section of the web site.

An electronic copy of this document

may be downloaded by using a

computer, 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.

Background

Under the provisions of 23 U.S.C. 106,

a formal agreement between the State

transportation department (STD) and

the FHWA is required for Federal-aid

highway projects. This agreement,

referred to as the ‘‘project agreement,’’ is

in essence a written contract between

the State and the Federal Government

defining the extent of the work to be

undertaken, the State and the Federal

shares of a project’s cost, and

commitments concerning maintenance

of the project.

23846 Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations

The present regulation at 23 CFR 630,

subpart C, provides requirements

concerning the project agreement. It

includes detailed instructions on

preparation of the project agreement,

and an assemblage of agreement

provisions that are part of the project

agreement.

The present regulation at 23 CFR 630,

subpart A, provides requirements

concerning the project authorization.

The FHWA project authorization

commits the Federal Government to

participate in the funding of a project,

except in those instances where the

State requests FHWA authorization

without the commitment of Federal

funds. In addition, FHWA authorization

also establishes a point in time after

which costs incurred on a project are

eligible for Federal participation.

Requirements covering project

agreements are contained in this final

rule. This final rule updates and

modifies the existing regulation to

incorporate needed changes made by

sections 1304 and 1305 of the TEA–21,

Public Law 105–178, 112 Stat.107, it

combines the project agreement and the

project authorization of work. The final

rule amends these regulations in the

manner and for the reasons indicated

below.

Discussion of Comments

The FHWA published a notice of

proposed rulemaking (NPRM)

concerning proposed revisions to Part

630 on August 31, 2000, at 65 FR 52962.

Interested persons were invited to

participate in the development of this

final rule by submitting written

comments to the FHWA. Only one State

transportation agency submitted

comments. The State agency provided

two comments on proposed § 630.106(f),

and four comments concerning

clarification of the NPRM’s section-bysection analysis of § 630.106(f).

Section 630.106(f)(2) discusses the

manner for establishing the Federal

share of eligible project costs. The

comment was: Could an agreement with

a lump sum Federal share be changed to

a pro rata Federal share? Yes, when the

Federal share in the project agreement is

changed, the manner in which the

Federal share is established can also be

changed. The Federal share established

as either lump sum or pro rata in the

project agreement at the time of

authorization does not have to be the

same, but the Federal share can only be

adjusted to reflect the actual bid amount

received. The final rule is not changed

as a result of this comment.

Concerning the section-by-section

analysis for § 630.106(f), the commenter

requested explanation of the following:

(1) whether the Federal share agreed to

would continue through the life of the

project; and (2) whether manipulation of

the funding levels of individual projects

to accommodate program funding

changes or needs would not be allowed.

The FHWA believes that once a project

is under agreement the amount of

Federal funds and appropriation type

cannot be changed except to reflect a

change in the bids received or any one

of the four general categories for

exceptions contained in § 630.106(c)(1)

through (c)(4).

A follow up comment stated that the

agency would not support any

regulation that would require additional

funds to cover project cost overruns.

Establishing the contractual obligation

of the Federal Government for the

payment of the Federal share of the cost

of the project is a legislative

requirement of 23 U.S.C. 106(a)(3). The

Federal Government cannot commit

future funds that might not be available.

Funds must be available at the time the

project agreement is executed. The State

is still required to prepare a

modification to a project agreement as

changes occur. In the same paragraph, it

was suggested that the term

‘‘significantly’’ be removed from the

analysis section to avoid any vagueness.

The term ‘‘significant’’ rather than

‘‘substantive’’ is used in the discussion

to account for different interpretations

of what is substantial. The word

‘‘significantly’’ might suggest

considerable in amount, which might

not recognize that flexibility may be

applied for project implementation. The

rule does not attempt to apply hard and

fast rules or percentages as project needs

and circumstances vary. Current

§ 630.106(f)(2), that allows a change in

the project agreement to reflect the

actual bid received, uses the term

‘‘substantive’’ when compared to the

STD’s estimated cost to trigger an

adjustment to the Federal share. The

cost difference should have real

meaning when compared to the total

cost before an adjustment is made to the

Federal share. For example, a thousand

dollar cost difference, when compared

to a million dollar estimate doesn’t have

much meaning. Therefore, substantial

may be viewed differently among local,

regional, and State projects.

The State agency asked if the manner

established for the Federal-aid share of

eligible project costs under proposed

§ 630.106(f)(1) could be changed at the

time an adjustment is made to reflect

the actual bids received. The long

standing regulatory provision, retained

in § 630.106(f)(2), that allows a one time

change in the project agreement to

reflect the actual bid received, also

permits the manner established for the

Federal-aid share to be changed.

Adjustments to the Federal share, or the

manner in which established under

§ 630.106(f)(1) will only be permitted for

projects in situations where bid prices

are significantly different from the

estimates at the time of FHWA

authorization. A change in the Federal

commitment from the agreed to amount

of Federal funds obligated from a

specific Federal appropriation type or

category of funds, to take advantage of

new appropriations or to switch

appropriations of individual projects to

accommodate program funding changes

or needs, is not allowed except for

authorization to proceed under

§ 630.106(c). The four general categories

for exceptions to this rule contained in

§ 630.106(c)(1) through (4) allow a

change to any category of funds eligible

at the time funds are available for

conversion to a contractual obligation of

the Federal government under 23 U.S.C.

106.

The State agency proposed changing

the wording in § 630.106(f)(2) from

‘‘shortly after’’ to ‘‘based on.’’ The State

agency felt that the term ‘‘shortly’’ was

too vague. It is our intent to make any

funding changes, made as a result of

actual bids, as soon as it is practical

after the bids are received within the

same Federal fiscal year. Our intent is

not to have Federal commitments

outstanding. Funding changes in the

amount of Federal funds committed as

a result of actual bids received should

be as soon as practicable within the

same Federal fiscal year that the bids are

received. For these reasons, we are not

changing the wording in § 630.106(f)(2).

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. The final rule updates the

Federal-aid project agreement regulation

to conform to recent laws, regulations,

or guidance and clarifies existing

policies. The economic impact of this

rulemaking will be minimal; 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

rule on small entities. Based on the

evaluation, the FHWA certifies that this

action will not have a significant

Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23847

economic impact on a substantial

number of small entities. This rule

clarifies and simplifies procedures used

by State highway agencies in

accordance with existing laws,

regulations, or guidance.

Unfunded Mandates Reform Act of

1995

This rule would not impose a Federal

mandate resulting in the expenditure by

State, local, and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more in any one year (2

U.S.C. 1531 et seq.).

Executive Order 12988 (Civil Justice

Reform)

This 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)

We have analyzed this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

economically significant and does not

concern an environmental risk to health

or safety that may disproportionately

affect children.

Executive Order 12630 (Taking of

Private Property)

This rule would not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132, dated August 4, 1999, and it has

been determined that it does not have a

substantial direct affect or significant

federalism implications on States or

local governments that would limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation.

Executive Order 13175 (Tribal

Consultation)

The FHWA has analyzed this

proposal under Executive Order 13175,

dated November 6, 2000, and believes

that the final rule will not have

substantial direct effects on one or more

Indian tribes; will not impose

substantial direct compliance costs on

Indian tribal governments; and will not

preempt tribal law. A formal project

agreement between the FHWA and a

State is required for all Federal-aid

projects. The project agreement process

under this final rule has not changed for

Indian tribal governments. Federal-aid

funds for projects involving Indian

tribal governments will continue

indirectly through the State.

Authorization, project agreement, and

obligation of funds are by statute a

combined action. To avoid confusion

and misinterpretations, the final

regulation (23 CFR 630) is being revised

to reflect current procedures. Therefore,

a tribal summary impact statement is

not required.

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.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501, et seq.),

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 reviewed this rule and determined

that the information collection

requirements associated with this

rulemaking are covered by a currently

approved information collection, OMB

Approval No. 2125–0529, entitled,

‘‘Preparation and Execution of the

Project Agreement and Modifications,’’

which is due to expire on May 31, 2001.

There are no changes to the current

information collection burden estimates

as a result of this final rule. Interested

persons were invited to provide

comments regarding this information

collection as a part of the development

of this final rule by submitting written

comments on the NPRM. No comments

were received regarding these

information collection requirements.

This final rule updates and modifies the

existing requirements to reflect statutory

changes to the project agreement

process enacted by section 1305 of the

Transportation Equity Act for the 21st

Century (TEA–21, Pub. L. 105–178)

amended 23 U.S.C. 106(a) and

combined authorization of work and

execution of the project agreement for a

Federal-aid project into a single action.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969 (42

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 630

Government contracts, Grant

programs—Transportation, Highways

and roads, Project agreement

procedures.

Issued on: May 3, 2001.

Vincent F. Schimmoller,

Deputy Executive Director, Federal Highway

Administration.

In consideration of the foregoing, the

FHWA amends title 23, chapter I, Code

of Federal Regulations, by amending

part 630, as set forth below.

PART 630—PRECONSTRUCTION

PROCEDURES

1. Revise the authority citation for

part 630 to read as follows:

Authority: 23 U.S.C. 106, 109, 115, 315,

320, and 402(a); 23 CFR 1.32; and 49 CFR

1.48(b).

2. Revise subpart A of part 630 to read

as follows:

Subpart A—Project Authorization and

Agreements

Sec.

630.102 Purpose.

630.104 Applicability.

630.106 Authorization to proceed.

630.108 Preparation of agreement.

630.110 Modification of original agreement.

630.112 Agreement provisions.

§ 630.102 Purpose.

The purpose of this subpart is to

prescribe policies for authorizing

Federal-aid projects through execution

of the project agreement required by 23

U.S.C. 106(a)(2).

§ 630.104 Applicability.

(a) This subpart is applicable to all

Federal-aid projects unless specifically

exempted.

(b) Other projects which involve

special procedures are to be approved,

or authorized as set out in the

implementing instructions or

regulations for those projects.

23848 Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations

§ 630.106 Authorization to proceed.

(a)(1) The State transportation

department (STD) must obtain an

authorization to proceed from the

FHWA before beginning work on any

Federal-aid project. The STD may

request an authorization to proceed in

writing or by electronic mail for a

project or a group of projects.

(2) The FHWA will issue the

authorization to proceed either through

or after the execution of a formal project

agreement with the State. The

agreement can be executed only after

applicable prerequisite requirements of

Federal laws and implementing

regulations and directives are satisfied.

Except as provided in paragraphs (c)(1)

through (c)(4) of this section, the FHWA

will obligate Federal funds in the

project or group of projects upon

execution of the project agreement.

(b) Federal funds shall not participate

in costs incurred prior to the date of a

project agreement except as provided by

23 CFR 1.9(b).

(c) The execution of the project

agreement shall be deemed a contractual

obligation of the Federal government

under 23 U.S.C. 106 and shall require

that appropriate funds be available at

the time of authorization for the agreed

Federal share, either pro rata or lump

sum, of the cost of eligible work to be

incurred by the State except as follows:

(1) Advance construction projects

authorized under 23 U.S.C. 115.

(2) Projects for preliminary studies for

the portion of the preliminary

engineering and right-of-way (ROW)

phase(s) through the selection of a

location.

(3) Projects for ROW acquisition in

hardship and protective buying

situations through the selection of a

particular location. This includes ROW

acquisition within a potential highway

corridor under consideration where

necessary to preserve the corridor for

future highway purposes. Authorization

of work under this paragraph shall be in

accord with the provisions of 23 CFR

part 710.

(4) In special cases where the Federal

Highway Administrator determines it to

be in the best interest of the Federal-aid

highway program.

(d) For projects authorized to proceed

under paragraphs (c)(1) through (c)(4) of

this section, the executed project

agreement shall contain the following

statement: ‘‘Authorization to proceed is

not a commitment or obligation to

provide Federal funds for that portion of

the undertaking not fully funded

herein.’’

(e) For projects authorized under

paragraphs (c)(2) and (c)(3) of this

section, subsequent authorizations

beyond the location stage shall not be

given until appropriate available funds

have been obligated to cover eligible

costs of the work covered by the

previous authorization.

(f)(1) The Federal-aid share of eligible

project costs shall be established at the

time the project agreement is executed

in one of the following manners:

(i) Pro rata, with the agreement stating

the Federal share as a specified

percentage; or

(ii) Lump sum, with the agreement

stating that Federal funds are limited to

a specified dollar amount not to exceed

the legal pro rata.

(2) The pro-rata or lump sum share

may be adjusted before or shortly after

contract award to reflect any substantive

change in the bids received as compared

to the STD’s estimated cost of the

project at the time of FHWA

authorization, provided that Federal

funds are available.

(3) Federal participation is limited to

the agreed Federal share of eligible costs

actually incurred by the State, not to

exceed the maximum permitted by

enabling legislation.

(g) The State may contribute more

than the normal non-Federal share of

title 23, U.S.C. projects. In general,

financing proposals that result in only

minimal amounts of Federal funds in

projects should be avoided unless they

are based on sound project management

decisions.

(h)(1) Donations of cash, land,

material or services may be credited to

the State’s non-Federal share of the

participating project work in accordance

with title 23, U.S.C., and implementing

regulations.

(2) Contributions may not exceed the

total costs incurred by the State on the

project. Cash contributions from all

sources plus the Federal funds may not

exceed the total cost of the project.

§ 630.108 Preparation of agreement.

(a) The STD shall prepare a project

agreement for each Federal-aid project.

(b) The STD may develop the project

agreement in a format acceptable to both

the STD and the FHWA provided the

following are included:

(1) A description of each project

location including State and project

termini;

(2) The Federal-aid project number;

(3) The work covered by the

agreement;

(4) The total project cost and amount

of Federal funds under agreement;

(5) The Federal-aid share of eligible

project costs expressed as either a pro

rata percentage or a lump sum as set

forth in § 630.106(f)(1);

(6) A statement that the State accepts

and will comply with the agreement

provisions set forth in § 630.112;

(7) A statement that the State

stipulates that its signature on the

project agreement constitutes the

making of the certifications set for in

§ 630.112; and

(8) Signatures of officials from both

the State and the FHWA, and the date

executed.

(c) The project agreement should also

document, by comment, instances

where:

(1) The State is applying amounts of

credits from special accounts (such as

the 23 U.S.C. 120(j) toll credits, 23

U.S.C. 144(n) off-system bridge credits

and 23 U.S.C. 323 land value credits) to

cover all or a portion of the normal

percent non-Federal share of the project;

(2) The project involves other

arrangements affecting Federal funding

or non-Federal matching provisions,

including tapered match, donations, or

use of other Federal agency funds, if

known at the time the project agreement

is executed; and

(3) The State is claiming finance

related costs for bond and other debt

instrument financing (such as payments

to States under 23 U.S.C. 122).

(d) The STD may use an electronic

version of the agreement as provided by

the FHWA.

(Approved by the Office of

Management and Budget under control

number 2125–0529)

§ 630.110 Modification of original

agreement.

(a) When changes are needed to the

original project agreement, a

modification of agreement shall be

prepared. Agreements should not be

modified to replace one Federal fund

category with another unless

specifically authorized by statute.

(b) The STD may develop the

modification of project agreement in a

format acceptable to both the STD and

the FHWA provided the following are

included:

(1) The Federal-aid project number

and State;

(2) A sequential number identifying

the modification;

(3) A reference to the date of the

original project agreement to be

modified;

(4) The original total project cost and

the original amount of Federal funds

under agreement;

(5) The revised total project cost and

the revised amount of Federal funds

under agreement;

(6) The reason for the modifications;

and,

Federal Register / Vol. 66, No. 91 / Thursday, May 10, 2001 / Rules and Regulations 23849

(7) Signatures of officials from both

the State and the FHWA and date

executed.

(c) The STD may use an electronic

version of the modification of project

agreement as provided by the FHWA.

§ 630.112 Agreement provisions.

(a) The State, through its

transportation department, accepts and

agrees to comply with the applicable

terms and conditions set forth in title

23, U.S.C., the regulations issued

pursuant thereto, the policies and

procedures promulgated by the FHWA

relative to the designated project

covered by the agreement, and all other

applicable Federal laws and regulations.

(b) Federal funds obligated for the

project must not exceed the amount

agreed to on the project agreement, the

balance of the estimated total cost being

an obligation of the State. Such

obligation of Federal funds extends only

to project costs incurred by the State

after the execution of a formal project

agreement with the FHWA.

(c) The State must stipulate that as a

condition to payment of the Federal

funds obligated, it accepts and will

comply with the following applicable

provisions:

(1) Project for acquisition of rights-ofway. In the event that actual

construction of a road on this right-ofway is not undertaken by the close of

the twentieth fiscal year following the

fiscal year in which the project is

authorized, the STD will repay to the

FHWA the sum or sums of Federal

funds paid to the transportation

department under the terms of the

agreement. The State may request a time

extension beyond the 20-year limit with

no repayment of Federal funds, and the

FHWA may approve this request if it is

considered reasonable.

(2) Preliminary engineering project. In

the event that right-of-way acquisition

for, or actual construction of, the road

for which this preliminary engineering

is undertaken is not started by the close

of the tenth fiscal year following the

fiscal year in which the project is

authorized, the STD will repay to the

FHWA the sum or sums of Federal

funds paid to the transportation

department under the terms of the

agreement. The State may request a time

extension for any preliminary

engineering project beyond the 10-year

limit with no repayment of Federal

funds, and the FHWA may approve this

request if it is considered reasonable.

(3) Drug-free workplace certification.

By signing the project agreement, the

STD agrees to provide a drug-free

workplace as required by 49 CFR part

29, subpart F. In signing the project

agreement, the State is providing the

certification required in appendix C to

49 CFR part 29, unless the State

provides an annual certification.

(4) Suspension and debarment

certification. By signing the project

agreement, the STD agrees to fulfill the

responsibility imposed by 49 CFR

29.510 regarding debarment,

suspension, and other responsibility

matters. In signing the project

agreement, the State is providing the

certification for its principals required

in appendix A to 49 CFR part 29.

(5) Lobbying certification. By signing

the project agreement, the STD agrees to

abide by the lobbying restrictions set

forth in 49 CFR part 20. In signing the

project agreement, the State is providing

the certification required in appendix A

to 49 CFR part 20.

Subpart C—[Removed and Reserved]

3. In part 630, remove and reserve

subpart C.

[FR Doc. 01–11810 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 13–01–008]

RIN 2115–AE46

Date Change for Special Local

Regulation (SLR), Seattle National

Maritime Week Tugboat Race

AGENCY: Coast Guard, DOT.

ACTION: Notice of change in

implementation.

SUMMARY: The Coast Guard announces a

change to the effective date for the

Seattle National Maritime Week Tugboat

Race Special Local Regulation (SLR) as

per 33 CFR 100.1306(c). This year’s

event will be held on Saturday, May

12th, 2001, necessitating this effective

date change.

DATES: 33 CFR 100.1306 is effective May

12, 2001, from 12 p.m. to 4:30 p.m.

Dated: May 3, 2001.

M.D. Dawe,

Commander, U.S. Coast Guard, Commander,

Group Seattle.

[FR Doc. 01–11847 Filed 5–9–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region 2 Docket No. NY47–218,

FRL–6940–1]

Approval and Promulgation of

Implementation Plans; New York 15

and 9 Percent Rate of Progress Plans,

Phase I Ozone Implementation Plan

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving a State

Implementation Plan revision submitted

by New York which is intended to meet

several Clean Air Act requirements.

Specifically, EPA is approving the 1990

base year ozone emission inventory (for

all ozone nonattainment areas in New

York); the 1996 and 1999 ozone

projection emission inventories; the

demonstration that emissions from

growth in vehicle miles traveled will

not increase total motor vehicle

emissions and, therefore, offsetting

measures are not necessary; the

photochemical assessment monitoring

stations network; and enforceable

commitments. EPA is also approving

New York’s 15 Percent Rate of Progress

Plan and the 9 Percent Reasonable

Further Progress Plan. The intended

effect of this action is to approve

programs required by the Clean Air Act

which will result in emission reductions

that will help achieve attainment of the

one-hour national ambient air quality

standard for ozone.

EFFECTIVE DATE: This rule will be

effective June 11, 2001.

ADDRESSES: Copies of the State’s

submittals are available at the following

addresses for inspection during normal

business hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

NY 10007–1866.

New York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road,

Albany, New York 12233.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kirk

J. Wieber, Air Programs Branch,

Environmental Protection Agency, 290

Broadway, 25th Floor, New York, NY

10007–1866, (212) 637–3381.

SUPPLEMENTARY INFORMATION: