28750 Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations

(b) For New Hampshire or Maine,

except as provided in § 1215.4(c), if at

any time in a fiscal year beginning after

September 30, 1994, the State does not

have in effect a law described in

§ 1215.4(a), the Secretary shall reserve 3

percent of the funds to be apportioned

to the State for the succeeding fiscal

year under 23 U.S.C. 104 (b)(1), (b)(2)

and (b)(3) if the Secretary has not

certified, in accordance with

§ 1215.4(d), that the State has achieved

the applicable safety belt use rate.

(c) If, at the end of a fiscal year in

which the funds are reserved for New

Hampshire or Maine under paragraph

(b) of this section, the Secretary has not

certified that the State achieved the

applicable safety belt use rate, the

Secretary shall transfer the funds

reserved from the State to the

apportionment of the State under 23

U.S.C. 402.

(d) Any obligation limitation existing

on transferred funds prior to the transfer

will apply, proportionately, to those

funds after transfer.

Issued on: May 31, 1996.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

Ricardo Martinez,

Adminstrator, National Highway Traffic

Safety Administration

[FR Doc. 96–14258 Filed 6–5–96; 8:45 am]

BILLING CODE 4910–59–P

Federal Highway Administration

23 CFR Part 1230

[NHTSA Docket No. 95–83; Notice 1]

RIN 2127–AG10

Highway Safety Program Standards—

Applicability to Federally Administered

Areas

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Federal Highway Administration

(FHWA), Department of Transportation

(DOT).

ACTION: Final rule.

SUMMARY: This final rule removes Part

1230 from title 23 of the Code of Federal

Regulations (CFR). Part 1230 made the

uniform highway safety standards,

which were promulgated under 23

U.S.C. 402, applicable to federally

administered areas where a Federal

department or agency controlled the

highways or supervised traffic

operations. This regulation is being

removed because 23 U.S.C. 402 was

amended to provide that the Highway

Safety Program Standards be changed to

Guidelines. The FHWA and NHTSA

will be working with appropriate

Federal lands managing agencies to

develop procedures and agreements for

carrying out the intent of 23 U.S.C. 402,

as amended.

EFFECTIVE DATE: July 8, 1996.

FOR FURTHER INFORMATION CONTACT: In

NHTSA: Mr. Gary Butler, Office of State

and Community Services, National

Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington,

D.C. 20590, telephone (202) 366–2121;

or Ms. Sharon Y. Vaughn, Office of

Chief Counsel, Room 5219, National

Highway Traffic Safety Administration,

400 Seventh Street, S.W., Washington,

D.C. 20590, telephone (202) 366–1834.

In FHWA: Ms. Mila Plosky, Office of

Highway Safety, Federal Highway

Administration, 400 Seventh Street,

S.W., Washington, D.C. 20590,

telephone (202) 366–6902; or Mr. Paul

Brennan, Office of Chief Counsel,

Federal Highway Administration, 400

Seventh Street, S.W., Washington, D.C.

20590, telephone (202) 366–0834.

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 and FHWA conducted a

thorough, page-by-page review of all

agency regulations, including those that

pertain to State and community

highway safety programs.

As a result of these efforts, NHTSA

and FHWA have determined that Part

1230 should be removed from title 23 of

the Code of Federal Regulations (CFR),

because the underlying statutory basis

for the requirements, 23 U.S.C. 402, has

been amended to provide that the

uniform highway standards be changed

to uniform highway safety guidelines.

Section 402 of the Highway Safety Act

of 1966, 23 U.S.C. 402, was enacted on

September 9, 1966. It provided that:

Each State shall have a highway safety

program approved by the Secretary, designed

to reduce traffic accidents and deaths,

injuries and property damage resulting

therefrom. Such programs shall be in

accordance with uniform standards

promulgated by the Secretary.

Section 402 provided further that:

Such standards as are applicable to State

highway safety programs shall, to the extent

determined appropriate by the Secretary, be

applicable to federally administered areas

where a Federal department or agency

controls the highways or supervises traffic

operations.

By 1972, the agencies had

promulgated 18 uniform highway safety

standards and, on July 13, 1973 (38 FR

18665), the agencies promulgated Part

1230, which made these uniform

standards applicable to federally

administered areas where a Federal

department or agency controlled the

highways or supervised traffic

operations.

Part 1230 stated that its purpose was

to ensure that the uniform standards

established to regulate highway safety

activities were applied uniformly

throughout the United States to those

highways and activities that were

administered by Federal agencies.

Section 206 of the Surface

Transportation and Uniform Relocation

Assistance Act of 1987, Public Law 100–

17, amended U.S.C. 402 by changing the

term ‘‘standards’’ to ‘‘guidelines.’’

However, the statutory amendment,

which required that the standards be

changed to guidelines in no way

diminishes the integrity and significant

importance of the national highway

safety program.

Pursuant to Section 402, such

guidelines as are applicable to State

highway safety programs shall, to the

extent determined appropriate by the

Secretary of Transportation, be

applicable to federally administered

areas where a Federal department or

agency controls the highways or

supervises traffic operations.

To ensure the continued operation of

this program, the FHWA and NHTSA

will meet with representatives of

Federal lands managing agencies to

develop agreements for carrying out the

provisions of 23 U.S.C. 402. This

activity will include updating any

existing agreements between the U.S.

Department of Transportation and the

Federal lands managing agencies. In

addition, the FHWA and NHTSA have

developed the Highway Safety Grant

Management Manual which includes a

chapter on Uniform Guidelines for State

Highway Safety programs. This

information will be made available to

Federal lands managing agencies.
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules and Regulations 28751

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The agencies have considered the

impact of the rulemaking action 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 agencies have evaluated

the effects of this rule on small entities.

Based on the evaluation, the agencies

hereby certify 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 agencies have analyzed this

action for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and have

determined that this action would not

have any effect on the quality of the

environment.

(f) Executive Order 12778 (Civil Justice

Reform)

This action does not have any

preemptive or retroactive effect. It

imposes no requirements on the States,

but rather simply removes a regulation

to reflect statutory changes. The

enabling legislation does not establish a

procedure for judicial review of the 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 reflect

statutory changes 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 1230

Highway Safety Program Standards—

Applicability to Federally Administered

Areas.

PART 1230—[REMOVED]

Under the authority of 49 CFR Parts

1.48 and 1.50, the Administrators of the

National Highway Traffic Safety

Administration and Federal Highway

Administration amends Title 23 of the

Code of Federal Regulations by

removing part 1230.

Issued on: May 3, 1996.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

Ricardo Martinez,

Administrator, National Highway Safety

Traffic Administration.

[FR Doc. 96–14259 Filed 6–05–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024–AC29

Cape Lookout National Seashore,

Airstrip Closure

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: The National Park Service

(NPS) is publishing this final rule to

close the Portsmouth Village Airstrip at

Cape Lookout National Seashore, North

Carolina, to the operation of aircraft.

The special regulation is necessary for

the operation of the airstrip. Removal of

the special regulation will effectively

close the airstrip as a violation of 36

CFR 2.17. This action is necessary to

prevent aircraft accidents and eliminate

a use that is incompatible with

preserving the historic scene in

Portsmouth Village, a historic district

listed on the National Register of

Historic Places. This rule will protect

the flying public by closing an airstrip

that does not comply with Federal

Aviation Administration (FAA) and

North Carolina Department of

Transportation safety standards. Closure

of the airstrip will also eliminate the

potential for an aircraft accident that

could destroy one or more irreplaceable

historic structures, eliminate the

anachronistic intrusion of aircraft in a

historic village and provide for the

safety of park visitors who cross the

airstrip runway as they walk from

Portsmouth Village to the beach.

EFFECTIVE DATE: This final rule becomes

effective on July 8, 1996.

FOR FURTHER INFORMATION CONTACT: A.

James Zahradka, Supervisory Park

Ranger, Cape Lookout National

Seashore, 131 Charles Street, Harkers

Island, NC. 28531. Telephone 919–728–

2250.

SUPPLEMENTARY INFORMATION:

Background

Portsmouth Village Airstrip (Airstrip)

is located on the northeast corner of

Portsmouth Village (Village). The

Village is geographically remote because

of its location on a part of the outer

banks (Core Banks) not connected to the

mainland by bridge. The origins of

Portsmouth Village can be traced back

to 1752, when it was authorized by the

Colonial Legislature of North Carolina.

There are no permanent residents in this

well-preserved ‘‘ghost town,’’ although

over 2,000 people visit annually. The

historical significance of the Village is

underscored by its listing on the

National Register of Historic Places.

Long-term residents of the Village

area report that the unpaved Airstrip

was constructed by private individuals

for recreational use shortly after World

War II. In this earlier period, the

Airstrip was not as long as it is today,

but was leveled and extended to its

present approximate length of 1640 feet

in 1959.

The NPS began managing the Airstrip

after the State of North Carolina ceded

Core Banks to the Federal Government

to establish Cape Lookout National

Seashore (Seashore) in 1976. Operating

or using aircraft on lands and waters

managed by the NPS is prohibited (36

CFR 2.17(a)(1)) other than at locations

designated pursuant to special

regulations. In 1984, the NPS

promulgated a special regulation (36

CFR 7.98(a)) legalizing aircraft

operations on the Airstrip. Seashore

management continued to maintain the

grass surface and trimmed back

encroaching woody vegetation to the

extent that limited funding allowed.

Recently, the NPS became concerned

about potential hazards related to

aircraft operations on the Airstrip.

These concerns stem from a report by an

inspector of the North Carolina