[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28750-28751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14259]



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DEPARTMENT OF TRANSPORTATION
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.

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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revise those that are outdated or otherwise in need of reform.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.

[[Page 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]
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