Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations 18247

Rulemaking Analyses and Notices

The FHWA is waiving prior notice

and opportunity for public comment on

this rule because it is considered

unnecessary within the meaning of

section 4(b)(3)(B) of the Administrative

Procedures Act, 5 USC 553(b)(3)(B).

Removal of the identified sections is

unlikely to engender public comment.

The FHWA believes that the

promulgation of this interim rule will

eliminate obsolete provisions in the CFR

enhancing the ease with which these

regulations can be understood by the

public. Nevertheless, the FHWA is

opening a public docket for this rule

and providing 60 days for receipt of

public comment. The FHWA will

consider all comments received during

this 60 day period in determining

whether any revision is necessary to the

rule published today.

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 Department of

Transportation regulatory policies and

procedures. Since this Interim Final

Rule reduces obsolete regulatory

language it will not have an adverse

annual effect on the economy, interfere

with the work of another agency,

materially alter the budget impact of

grantees, or raise novel legal or policy

issues inconsistent with the principles

set forth in this Executive Order. It is

anticipated that the economic impact of

this rulemaking will be minimal;

therefore, a full regulatory evaluation is

not required.

Regulatory Flexibility Act

This rule eliminates obsolete

regulatory language used in the

administration of right-of-way programs,

and in so doing does not add to the

burdens imposed on a substantial

number of small entities.

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

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance 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

This action does not contain a

collection of information requirement

for purposes of 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

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 Parts 710,

712, 720, and 740

Grant programs—transportation,

Highways and roads, Real property

acquisition, Relocation assistance,

Rights-of-way.

For the reasons set out in the

preamble, and under the authority of 23

U.S.C. 315 and 49 CFR 1.48, title 23,

Code of Federal Regulations, is

amended as set forth below.

Issued on: April 18, 1996.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing, the

FHWA amends chapter I of title 23,

Code of Federal Regulations, as follows:

PART 710—RIGHT-OF-WAY—

GENERAL

1. The authority citation for part 710

continues to read as follows:

Authority: 23 U.S.C. 101(a) and 315; 42

U.S.C. 2000d et seq., 4633, 4651–4655; 49

CFR 1.48 (b) and (cc) and parts 21 and 24;

23 CFR 1.32.

§§ 710.401 through 710.405 (Subpart D)—

Civil Rights [Removed]

2. In part 710, subpart D, consisting of

§§ 710.401 through 710.405, is removed.

PART 712—THE ACQUISITION

FUNCTION

3. The authority citation for part 712

continues to read as follows:

Authority: 23 U.S.C. 101(a), 107, 108, 111,

114, 204, 210, 308, 315, 317, and 323; 42

U.S.C. 2000d–1, 4633, 4651–4655; 49 CFR

1.48 (b) and (cc) and part 24; 23 CFR 1.32.

§§ 712.801, 712.803, and 712.805 (Subpart

H)—Land Service Facilities [Removed]

4. In part 712, subpart H, consisting

of §§ 712.801, 712.803, and 712.805 is

removed.

PART 720—APPRAISAL [REMOVED]

5. Part 720 of chapter I is removed.

PART 740—RELOCATION

ASSISTANCE [REMOVED]

6. Part 740 of chapter I is removed.

[FR Doc. 96–10207 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–22–P

National Highway Traffic Safety

Administration

23 CFR Part 1309

[NHTSA Docket No. 82–18; Notice 14]

RIN 2127–AG22

Incentive Grant Criteria for Alcohol

Traffic Safety Programs

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: This final rule removes Part

1309 from title 23 of the Code of Federal

Regulations (CFR). Part 1309 established

criteria for awarding incentive grants to

States that implemented effective

programs to reduce drunk driving and

driving under the influence of a

controlled substance, in accordance

with section 408 of title 23, United

States Code. The regulation is being

removed because it is unnecessary and

obsolete. Funds for the section 408

program have not been authorized since

FY 1994.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

Marlene Markison, Office of State and

Community Services, National Highway

Traffic Safety Administration, 400 7th

Street, SW., Washington, DC 20590,

telephone (202) 366–2121; or Ms. Heidi

L. Coleman, Office of Chief Counsel,

Room 5219, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590,

telephone (202) 366–1834.
18248 Federal Register / Vol. 61, No. 81 / Thursday, April 25, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION: On March

4, 1995, President Clinton directed all

Federal Departments and agencies to

take four steps to overhaul the nation’s

regulatory system. The first step was to

conduct a page-by-page review of all

agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

The review was to include careful

consideration of a number of issues,

including whether the regulation is

obsolete, whether its intended goal can

be achieved in more efficient less

intrusive ways, or whether States or

local governments can do the job

(making Federal regulation

unnecessary).

NHTSA conducted a thorough, pageby-page review of all agency regulations,

including those that pertain to State and

community highway safety programs.

As a result of these efforts, NHTSA

has determined that Part 1309 should be

removed from title 23 of the Code of

Federal Regulations (CFR), because it is

unnecessary and obsolete.

Part 1309 established criteria for

awarding incentive grants to States that

implemented effective programs to

reduce drunk driving and driving under

the influence of a controlled substance,

in accordance with 23 U.S.C. 408. Part

1309 was first published in the Federal

Register, as 23 CFR Part 1209, on

February 7, 1983 (48 FR 5545). It was

amended and redesignated as 23 CFR

Part 1309 on June 19, 1986 (51 FR

22276). It was further amended on July

22, 1987 (52 FR 27614), May 18, 1988

(53 FR 17692) and August 25, 1988 (53

FR 32375).

Funds for the section 408 program

have not been authorized since FY 1994.

Because the regulation implements a

program which is no longer active, and

currently appears in the CFR among

regulations that implement programs

that continue to be active, its removal

will avoid confusion for potential grant

applicants. States that have remaining

section 408 balances must expend their

funds in accordance with 23 U.S.C. 408,

OMB Circular A–87, other applicable

grant funding policies (for current

policies, States should consult the

NHTSA/FHWA Highway Safety Grant

Management Manual) and the

agreements the States entered with

NHTSA when they received their funds.

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

NHTSA has considered the impact of

this rulemaking action under E.O. 12866

and the Department of Transportation’s

regulatory policies and procedures. This

rulemaking document was not reviewed

under E.O. 12866, ‘‘Regulatory Planning

and Review.’’ This action has been

determined to be not ‘‘significant’’

under the Department of

Transportation’s regulatory policies and

procedures.

(b) Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the agency has evaluated the

effects of this rule on small entities.

Based on the evaluation, the agency

hereby certifies that this action will not

have a significant economic impact on

a substantial number of small entities.

Accordingly, the preparation of a

Regulatory Flexibility Analysis is

unnecessary.

(c) 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

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

(d) Paperwork Reduction Act

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

(e) 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.

(f) Executive Order 12778 (Civil Justice

Reform)

This amendment to the regulation

does not have any preemptive or

retroactive effect. It imposes no

requirements on the States, but rather

simply removes from the regulation

outdated and obsolete provisions that

no longer apply. The enabling

legislation does not establish a

procedure for judicial review of final

rules promulgated under its provisions.

There is no requirement that individuals

submit a petition for reconsideration or

other administrative proceedings before

they may file suit in court.

Notice and Comment

Because the amendments relate to a

grant program and are therefore not

covered by the Administrative

Procedure Act, and since they merely

contain technical changes that remove

outdated and obsolete provisions from

the regulation and do not impose any

additional requirements, the

amendments are being made without

prior notice and opportunity to

comment.

List of Subjects in 23 CFR Part 1309

Alcohol abuse, Drug abuse, Grant

programs—transportation, Highway

safety.

Under the authority of 49 CFR Part

1.50, Title 23 of the Code of Federal

Regulations is amended by removing

Part 1309.

Issued on: April 19, 1996.

Ricardo Martinez,

Administrator, National Highway Traffic

Safety Administration.

[FR Doc. 96–10121 Filed 4–24–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Fair Housing and Equal Opportunity

24 CFR Parts 100, 103, and 109

[Docket No. FR–4029–C–02]

RIN 2529–AA78

Regulatory Reinvention; Streamlining

of HUD’s Regulations Implementing

the Fair Housing Act; Correction

AGENCY: Office of the Assistant

Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Final rule, correction.

SUMMARY: On April 1, 1996 (61 FR

14378), HUD published a final rule

streamlining its regulations

implementing the Fair Housing Act. The

April 1, 1996 final rule implemented the

Housing for Older Persons Act of 1995

by substantively revising HUD’s

regulations governing housing for

persons 55 years of age or older.

However, the final rule failed to

incorporate certain changes which HUD

had determined were necessary. The

purpose of this document is to correct

the April 1, 1996 final rule by making

the required amendments to HUD’s

regulations governing housing for older

persons. For the convenience of readers,

HUD is re-publishing the entire

regulatory text of the April 1, 1996 final

rule, but incorporating the correction

made by this document.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Susan Forward, Deputy Assistant