Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50191 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the May 29, 2008, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on this issue. Finally, 

interested persons are invited to submit 

comments on this interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California date 

handlers. As with all Federal marketing 

order programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jay Guerber at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2008–09 crop year 

begins on October 1, 2008, and the 

marketing order requires that the rate of 

assessment for each crop year applies to 

all assessable dates handled during such 

crop year; (2) the action decreases the 

assessment rate for assessable dates 

beginning with the 2008–09 crop year; 

(3) handlers are aware of this action 

which was unanimously recommended 

by the Committee at a public meeting 

and is similar to other assessment rate 

actions issued in past years; and (4) this 

interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this rule. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 987—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2008, an 

assessment rate of $0.60 per 

hundredweight is established for 

California dates. 

Dated: August 20, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–19697 Filed 8–25–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. AMS–FV–08–0060; FV08–993–

1 IFR] 

Dried Prunes Produced in California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

Prune Marketing Committee 

(Committee) for the 2008–09 and 

subsequent crop years from $0.60 to 

$0.30 per ton of salable dried prunes. 

The Committee locally administers the 

marketing order that regulates the 

handling of dried prunes in California. 

Assessments upon dried prune handlers 

are used by the Committee to fund 

reasonable and necessary expenses of 

the program. The crop year began 

August 1 and ends July 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective August 27, 2008. 

Comments received by October 27, 

2008, will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the docket number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Pello, Assistant Regional 

Manager, or Kurt Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487–

5901, Fax: (559) 487–5906; or E-mail: 

Maureen.Pello@usda.gov or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 110 and Marketing Order No. 993, 

both as amended (7 CFR part 993), 

regulating the handling of dried prunes 

grown in California, hereinafter referred 

to as the ‘‘order.’’ The marketing 

agreement and order are effective under 

the Agricultural Marketing Agreement 

Act of 1937, as amended (7 U.S.C. 601–

674), hereinafter referred to as the 

‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, California dried prune 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 


sroberts on PROD1PC76 with RULES
50192 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable dried prunes beginning on 

August 1, 2008, and continue until 

amended, suspended, or terminated. 

This rule will not preempt any State or 

local laws, regulations, or policies, 

unless they present an irreconcilable 

conflict with this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rate established for the Committee for 

the 2008–09 and subsequent crop years 

from $0.60 to $0.30 per ton of salable 

dried prunes handled. 

The California dried prune marketing 

order provides authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers of California dried prunes. 

They are familiar with the Committee’s 

needs and with the costs for goods and 

services in their local area and are thus 

in a position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed at a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2007–08 and subsequent crop 

years, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from crop 

year to crop year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 26, 2008, 

and unanimously recommended an 

assessment rate of $0.30 per ton of 

salable dried prunes and expenditures 

totaling $51,587 for the 2008–09 crop 

year. In comparison, last year’s 

approved expenses were $102,523. The 

assessment rate of $0.30 per ton of 

salable dried prunes is one-half of the 

rate currently in effect. 

The Committee recommended a lower 

assessment rate because the 2008–09 

crop is estimated at 120,000 tons, which 

is over 35,000 tons larger than the 2007–

08 crop. Income generated from the 

lower assessment rate combined with 

excess assessment income carried into 

the new crop year should be adequate 

to cover the Committee’s 2008–09 

expenses. 

The Committee’s budget of expenses 

of $51,587 includes a decrease in 

personnel expenses, and a slight 

decrease in operating expenses. 

Combined salaries and expenses are 

almost 50 percent lower than last year, 

or about $26,248. The Committee also 

included $12,446 for contingencies. 

Most of the Committee’s expenses 

reflect its portion of the joint 

administrative costs of the Committee 

and the California Dried Plum Board 

(CDPB). Based on the Committee’s 

reduced activities in recent years, it is 

funding only 5 percent of the shared 

expenses of the two programs. This 

level was reduced from last year’s level 

of 10 percent to reflect a more accurate 

figure. The Committee believes that 

extra assessment income carried in from 

the 2007 crop year, plus interest income 

and 2008 assessment income, is 

adequate to cover its estimated expenses 

of $51,587. 

The major expenditures 

recommended by the Committee for the 

2008–09 crop year include $26,248 for 

salaries and benefits, $12,893 for 

operating expenses, and $12,446 for 

contingencies. For the 2007–08 crop 

year, the Committee’s budgeted 

expenses were $50,505 for salaries and 

benefits, $15,075 for operating expenses, 

and $36,943 for contingencies. 

The assessment rate recommended by 

the Committee was derived by 

considering the handler assessment 

revenue needed to meet anticipated 

expenses, the estimated salable tons of 

California dried prunes, excess funds 

carried forward into the 2008–09 crop 

year, and estimated income from other 

sources such as interest. Dried prune 

production for the year is estimated to 

be 120,000 salable tons, which should 

provide $36,000 in assessment income 

at $0.30 per ton of salable dried prunes. 

Income derived from handler 

assessments, plus excess funds from the 

2007–08 crop year should be adequate 

to cover budgeted expenses. 

The Committee is authorized under 

§ 993.81(c) of the order to use excess 

assessment funds from the 2007–08 crop 

year (currently estimated at $15,487) for 

up to 5 months beyond the end of the 

crop year to meet 2008–09 crop year 

expenses. At the end of the 5 months, 

the Committee either refunds or credits 

excess funds to handlers. 

The assessment rate established in 

this rule is effective indefinitely unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other available 

information. 

Although this assessment rate will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 

to or during each crop year to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate the Committee’s 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committees’ 2008–09 budget and those 

for subsequent crop years will be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 800 

producers of dried prunes in the 

production area and approximately 22 

handlers subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those whose annual receipts are less 

than $750,000, and small agricultural 

service firms are defined as those whose 

annual receipts are less than $6,500,000. 

Committee data indicates that about 

64 percent of the handlers ship under 

$6,500,000 worth of dried prunes. 


sroberts on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 50193 

Dividing the average prune crop value 

for 2007–08 reported by the National 

Agricultural Statistics Service (NASS) of 

$111,650,000 by the number of 

producers (800) yields an average 

annual producer revenue estimate of 

about $139,562. Based on the foregoing, 

the majority of handlers and dried 

prune producers may be classified as 

small entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2008–09 

and subsequent crop years from $0.60 to 

$0.30 per ton of salable dried prunes. 

The Committee met on June 26, 2008, 

and unanimously recommended 

estimated expenses for 2008–09 of 

$51,587 and a decreased assessment rate 

of $0.30 per ton of salable dried prunes. 

The Committee’s recommended budget 

was based on a decrease in personnel 

expenses and a decrease in operating 

expenses. Combined salaries and 

expenses are almost 50 percent lower 

than last year, or about $26,248. The 

Committee also included $12,446 for 

contingencies. Most of the Committee’s 

expenses reflect its portion of the joint 

administrative costs of the Committee 

and the CDPB. Based on the 

Committee’s reduced activities in recent 

years, it is funding only 5 percent of the 

shared expenses of the two programs. 

This level was reduced from last year’s 

level of 10 percent to reflect a more 

accurate figure. The Committee believes 

that extra assessment income carried in 

from the 2007 crop year, plus interest 

income and 2008 assessment income, is 

adequate to cover its estimated expenses 

of $51,587. 

The assessment rate of $0.30 per ton 

of salable dried prunes is one-half of the 

rate currently in effect. The quantity of 

salable dried prunes for the 2008–09 

crop year is currently estimated at 

120,000 tons, compared to 95,000 tons 

of salable dried prunes for the 2007–08 

crop year. 

The major expenditures 

recommended by the Committee for the 

2008–09 crop year include $26,248 for 

salaries and benefits, $12,893 for 

operating expenses, and $12,446 for 

contingencies. Budgeted expenses for 

these items in 2007–08 were $50,505 for 

salaries and benefits, $15,075 for 

operating expenses, and $36,943 for 

contingencies. 

The 2008–09 assessment rate was 

derived by considering the handler 

assessment revenue needed to meet 

anticipated expenses, the estimated 

salable tons of California dried prunes, 

excess funds carried forward into the 

2008–09 crop year, and estimated 

income from other sources such as 

interest. Therefore, the Committee 

recommended an assessment rate of 

$0.30 per ton of salable dried prunes. 

Prior to arriving at its budget of 

$51,587, the Committee considered 

information from various sources, 

including the Committee’s Executive 

Subcommittee. The Executive 

Subcommittee reviewed the 

administrative expenses shared between 

the Committee and the CDPB in recent 

years. Accordingly, the Executive 

Subcommittee recommended reducing 

the share of expenses allocated to the 

Committee from 10 to 5 percent. The 

Executive Subcommittee then 

recommended the $51,587 budget and 

$0.30 per ton assessment rate to the 

Committee. The Committee 

recommended the same budget and 

assessment rate to USDA. 

Section 993.81(c) of the order 

provides the Committee the authority to 

use excess assessment funds from the 

2007–08 crop year (estimated at 

$15,487) for up to 5 months beyond the 

end of the crop year to meet 2008–09 

crop year expenses. At the end of the 5 

months, the Committee either refunds or 

credits excess funds to handlers. 

To calculate the percentage of grower 

revenue represented by the assessment 

rate for 2007, the assessment rate of 

$0.60 per ton is divided by the 

estimated average grower price 

(according to the NASS). This results in 

estimated assessment revenue for the 

2007–08 crop year as a percentage of 

grower revenue of.05 percent ($0.60 

divided by $1,450 per ton). NASS data 

for 2008 is not yet available. However, 

applying the same calculations above 

using the average grower price for 2005–

07 would result in estimated assessment 

revenue as a percentage of total grower 

revenue of.02 percent for the 2008–09 

crop year ($0.30 divided by $1,437 per 

ton). Thus, the assessment revenue 

should be well below 1 percent of 

estimated grower revenue in 2008. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the California 

dried prune industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the June 26, 2008, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. Finally, 

interested persons are invited to submit 

comments on this interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California dried 

prune handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplate

Data.do?template=

TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined upon good cause that it 

is impracticable, unnecessary, and 

contrary to the public interest to give 

preliminary notice prior to putting the 

rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2008–09 crop year 

began on August 1, 2008, and the 

marketing order requires that the rate of 

assessment for each year apply to all 

assessable prunes handled during the 

year; (2) this action decreases the 

assessment rate for assessable prunes 

beginning with the 2008–09 crop year; 

(3) handlers are aware of this action 

which was unanimously recommended 

at a public meeting and is similar to 

actions recommended by the Committee 

in past years, and (4) this interim final 

rule provides for a 60-day comment 

period, and all comments timely 

received will be considered prior to 

finalization of this rule. 


sroberts on PROD1PC76 with RULES
50194 Federal Register / Vol. 73, No. 166 / Tuesday, August 26, 2008 / Rules and Regulations 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2008, an 

assessment rate of $0.30 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: August 20, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–19695 Filed 8–25–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF STATE 

22 CFR Part 40 

[Public Notice: 6328] 

RIN 1400–AC04 

Aliens Inadmissible Under the 

Immigration and Nationality Act, as 

Amended: Unlawful Voters 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This rule adopts as final the 

Department interim rule which 

amended the regulations concerning 

visa ineligibility for aliens who vote 

unlawfully. The amendment was 

necessary to comply with the provisions 

of the Child Citizenship Act of 2000. 

DATES: This rule is effective August 26, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Penafrancia D. Salas, Legislation and 

Regulations Division, Visa Services, 

Department of State, Washington, DC 

20520–0106, (202) 663–2878. 

SUPPLEMENTARY INFORMATION: 

What is the Authority and Exception for 

this rule? 

On June 21, 2005, the Department 

published an interim rule [70 FR 35526] 

that implemented Section 201(b)(1) of 

Public Law 106–395, Child Citizenship 

Act of 2000 [February 27, 2001]. This 

Act amended Section 212(a)(10) of the 

Immigration and Nationality Act (INA) 

by adding an exception to the ground of 

inadmissibility, INA 212(a)(10)(D), for 

aliens who voted in violation of the U.S. 

law. Under INA 212(a)(10)(D), in 

general, an alien will continue to be 

inadmissible, and therefore, ineligible 

for a visa, if the alien has voted in 

violation of any Federal, State, or local 

constitutional provision, statute, 

ordinance, or regulation. Nevertheless, 

pursuant to the new exception, the alien 

shall not be considered to be 

inadmissible under any provision of this 

subsection based on such violation if 

each natural parent of the alien (or, in 

the case of an adopted alien, each 

adoptive parent of the alien) is or was 

a citizen (whether by birth or 

naturalization), the alien permanently 

resided in the United States prior to 

attaining the age of 16, and the alien 

reasonably believed at the time of such 

violation that he or she was a citizen. 

Were comments solicited in the 

Departments Interim rule? 

Yes, the Department solicited 

comments; however, no comments were 

received. 

The final rule is unchanged from the 

interim rule which amended the 

Departments regulations at 22 CFR 

40.104, published in the Federal 

Register on June 21, 2005 (70 FR 35526–

35527). The interim rule is hereby 

adopted as final. 

Dated: August 14, 2008. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. E8–19755 Filed 8–25–08; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 630 

[FHWA Docket No. FHWA–2007–0020] 

RIN 2125–AF23 

Advance Construction of Federal-Aid 

Projects 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule. 

SUMMARY: The FHWA is revising its 

regulation for advance construction of 

Federal-aid projects by: (a) Removing 

the restriction that a State must obligate 

all of its allocated or apportioned funds, 

or demonstrate that it will use all 

obligation authority allocated to it for 

Federal-aid highways and highway 

safety construction, prior to the 

approval of advance construction 

projects; and (b) clarifying that advance 

construction procedures may be used 

for all categories of Federal-aid highway 

funds, and that any available Federalaid funds for which a project is eligible 

may be used when a project is converted 

to a Federal-aid project. These revisions 

make the regulation consistent with the 

advance construction statute, which was 

amended by a provision enacted in the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). 

DATES: Effective Date: September 25, 

2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dale Gray, Federal-aid Financial 

Management Division, (202) 366–0978, 

or Mr. Steven Rochlis, Office of the 

Chief Counsel, (202) 366–1395, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., 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 

An electronic copy of the NPRM, the 

comments received and a copy of this 

document may be viewed at 

www.regulations.gov. A copy of this 

document may also be downloaded by 

accessing the Office of the Federal 

Register’s home page at: http:// 

www.archives.gov or the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/nara. 

Background 

Section 115 of title 23, United States 

Code, permits the Secretary to authorize 

States to advance the construction of 

Federal-aid highway projects without 

requiring that Federal funds be 

obligated at the time the FHWA 

approves a project. The State may 

proceed with an advance construction 

project using State funds as no present 

or future Federal funds are actually 

committed to the project. At any time 

the State may request that the project be 

converted to a Federal-aid project 

provided that sufficient Federal-aid 

funds and obligation authority are 

available. A State also may request a 

partial conversion where only a portion 

of the Federal share of project costs is 

obligated and reimbursed; and the 

remainder may be converted at a later 

time provided that funds and associated 

obligation authority are available. Only 

the amount converted to a Federal-aid 

project becomes an obligation of the 

Federal Government. 


sroberts on PROD1PC76 with RULES