81_FR_65777 81 FR 65592 - Metropolitan Planning Organization Coordination and Planning Area Reform

81 FR 65592 - Metropolitan Planning Organization Coordination and Planning Area Reform

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Transit Administration

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65592-65593
FR Document2016-22907

The FHWA and FTA are reopening the comment period for the NPRM that was published on June 27, 2016, at 81 FR 41473, in order to receive additional public comment on targeted issues. The NPRM proposes revisions to the transportation planning regulations to promote more effective regional planning by States and metropolitan planning organizations (MPO). The original comment period closed on August 26, 2016. The FHWA and FTA received a number of requests to extend the comment period. The FHWA and FTA recognize that those interested in commenting on this important program may not have had the opportunity to provide comments and that the comment period should be reopened. Therefore, the comment period is being reopened.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016) 
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Proposed Rules]
[Pages 65592-65593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22907]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 450

Federal Transit Administration

49 CFR Part 613

[Docket No. FHWA-2016-0016; FHWA RIN 2125-AF68; FTA RIN 2132-AB28]


Metropolitan Planning Organization Coordination and Planning Area 
Reform

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA); U.S. Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); reopening of comment 
period.

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SUMMARY: The FHWA and FTA are reopening the comment period for the NPRM 
that was published on June 27, 2016, at 81 FR 41473, in order to 
receive additional public comment on targeted issues. The NPRM proposes 
revisions to the transportation planning regulations to promote more 
effective regional planning by States and metropolitan planning 
organizations (MPO). The original comment period closed on August 26, 
2016. The FHWA and FTA received a number of requests to extend the 
comment period. The FHWA and FTA recognize that those interested in 
commenting on this important program may not have had the opportunity 
to provide comments and that the comment period should be reopened. 
Therefore, the comment period is being reopened.

DATES: Comments must be received on or before October 24, 2016.

ADDRESSES: Mail or hand deliver comments to: Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Washington, DC 20590, or

[[Page 65593]]

submit electronically at http://www.regulations.gov, or fax comments to 
(202) 493-2251. All comments should include the docket number that 
appears in the heading of this document. All comments received will be 
available for examination and copying at the above address from 9 a.m. 
to 5 p.m., ET, Monday through Friday, except Federal holidays. Those 
desiring notification of receipt of comments must include a self-
addressed, stamped postcard or may print the acknowledgment page that 
appears after submitting comments electronically. Anyone is able to 
search the electronic form of all comments in any one of our dockets by 
the name of the individual submitting the comment (or signing the 
comment, if submitted on behalf of an association, business, or labor 
union). You may review the DOT complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477).

Electronic Access and Filing

    This document and all comments received may be viewed online 
through the Federal eRulemaking portal at http://www.regulations.gov. 
The Web site is available 24 hours each day, 365 days each year. An 
electronic copy of this document may also be downloaded by accessing 
the Office of the Federal Register's home page at: https://www.federalregister.gov and the Government Publishing Office's Web site 
at: http://www.thefederalregister.org.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Harlan W. Miller, 
Planning Oversight and Stewardship Team (HEPP-10), (202) 366-0847; or 
Ms. Janet Myers, Office of the Chief Counsel (HCC-30), (202) 366-2019. 
For FTA: Ms. Sherry Riklin, Office of Planning and Environment, (202) 
366-5407; Mr. Dwayne Weeks, Office of Planning and Environment, (202) 
493-0316; or Mr. Christopher Hall, Office of Chief Counsel, (202) 366-
5218. Both agencies are located at 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., ET for 
FHWA, and 9 a.m. to 5:30 p.m., ET for FTA, Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Background

    On June 27, 2016, the FHWA and FTA published a proposed rule to 
revise the transportation planning regulations to promote more 
effective regional planning by States and MPOs. See 81 FR 41473. The 
goal of the proposed revisions is to promote unified planning products 
for each urbanized area, even if there are multiple MPOs designated 
within that urbanized area. Specifically, the NPRM proposed that MPOs 
would develop a single metropolitan transportation plan, a single 
transportation improvement program (TIP), and a jointly established set 
of performance targets for the entire urbanized area and contiguous 
area expected to become urbanized within a 20-year forecast period for 
the transportation plan. If multiple MPOs are designated within that 
urbanized area, they would jointly prepare these unified planning 
products. To accomplish this, the proposed revisions would clarify that 
the metropolitan planning area (MPA) must include the entire urbanized 
area and contiguous area expected to become urbanized within 20 years.
    As discussed in the NPRM, these proposed revisions would better 
align the planning regulations with statutory provisions concerning the 
establishment of MPA boundaries and the designation of MPOs. This 
includes the statutory requirement for the MPA to include an urbanized 
area in its entirety together with the contiguous area expected to 
become urbanized within 20 years, and the exception provision to allow 
more than one MPO to serve a single MPA if warranted by the size and 
complexity of the MPA. This return to the original legislative intent 
is in alignment with the findings of the draft report Beyond Traffic: 
Trends and Choices 2045. Beyond Traffic was released by the Department 
in February 2015. It examines the long-term and emerging trends 
affecting our Nation's transportation system and the implications of 
those trends. It describes how demographic and economic trends, as well 
as changes in technology, governance, and our climate, will increase 
the importance of our metropolitan regions in making decisions that 
cross State, political, socioeconomic, and often transportation 
planning lines. By 2045, the population is anticipated to increase by 
70 million people, with most of that growth occurring in metropolitan 
areas.
    The rulemaking would establish clearer operating procedures, and 
reinstate certain coordination and decisionmaking requirements for 
situations where there is more than one MPO serving an MPA. The 
proposed rule would require unified planning products for the MPA, 
including jointly established performance targets within an MPA, and a 
single metropolitan transportation plan and TIP for the entire MPA in 
order to result in planning products that reflect the regional needs of 
the entire urbanized area. These unified planning products would be 
jointly developed by the multiple MPOs in such MPAs where more than one 
MPO is designated.
    The FHWA and FTA propose to phase in implementation of these 
proposed coordination requirements and the proposed requirements for 
MPA boundary and MPO boundaries agreements over 2 years.

Additional Public Comments Sought on Specific Issues

    The FHWA and FTA are reopening the comment period in order to 
receive public comment on certain issues raised in the NPRM. 
Specifically, the FHWA and FTA are looking for specific and detailed 
comments that contribute to the understanding of the impact of the 
proposed requirements for unified planning products where multiple MPOs 
serve the same urbanized area, potential exceptions that should be 
included in the final rule, and criteria for applying such exceptions. 
The FHWA and FTA also seek specific and detailed comments on the 
expected costs of implementing the proposed rule. The FHWA and FTA are 
seeking comments specific to these issues as we decide whether to 
finalize any provisions within the scope of the NPRM. Previously 
submitted comments should not be resubmitted.
    The original comment period for the NPRM closed on August 26, 2016. 
The FHWA and FTA ask commenters to focus on the specific issues open 
for public comment, as discussed in the above paragraph. Other comments 
will be considered to the extent practicable. To allow time for 
interested parties to submit comments on the targeted issues 
highlighted above, the comment period is being reopened until October 
24, 2016.

    Issued in Washington, DC, on September 19th 2016, under 
authority delegated in 49 CFR 1.85 and 1.91.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
Carolyn Flowers,
Acting Administrator, Federal Transit Administration.
[FR Doc. 2016-22907 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-22-P

65592 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules reasonably believe that a requester or a avoid paying outstanding fees, we may first submit your FOIA request to us. group of requesters acting in concert, is require you to provide proof of identity. You can submit a fee waiver or dividing a request into a series of (3) If we require advance payment, we reduction request at a later time so long requests for the purpose of avoiding or will not consider your request received as the underlying record request is minimizing fees. For example, we may and will not do any additional work pending or on administrative appeal. If aggregate multiple requests for similar until we receive the required payment. you already committed to pay fees and information filed within a short period We will close your request if you do not subsequently request a waiver of those of time. pay the advance payment within thirty fees that we deny, you must pay any (f) If we anticipate fees will exceed calendar days after the date of our fee costs incurred up to the date the fee $25. Unless you have indicated in determination. waiver request was received. advance a willingness to pay fees as (h) Requirements for waiver or high as anticipated, we will notify you reduction of fees. (1) You can seek a fee Janice Kaye, if we estimate that charges will exceed waiver or reduction by explaining in Chief Counsel for Administrative Law, Office $25. writing how disclosure of the requested of the U.S. Trade Representative. (1) We will not process your request information is in the public interest [FR Doc. 2016–22863 Filed 9–22–16; 8:45 am] until you either commit in writing to because it is likely to contribute BILLING CODE 3290–F6–P pay the actual or estimated total fee, or significantly to public understanding of designate some amount of fees you are the operations or activities of the willing to pay. If you are a government and is not primarily in your DEPARTMENT OF TRANSPORTATION noncommercial use requester and we commercial interest. In determining have not yet provided your statutory whether to waive or reduce a fee we will Federal Highway Administration entitlements (i.e., two hours of search consider whether disclosure of the time and 100 free pages), you can tell us requested information would: 23 CFR Part 450 to stop when we exhaust the statutory (i) Shed light on the operations or entitlements. We will start the twenty- activities of the government. The subject Federal Transit Administration day response clock when we receive of the request must specifically concern your written reply. identifiable operations or activities of 49 CFR Part 613 (2) If you agree to pay some the Federal government with a [Docket No. FHWA–2016–0016; FHWA RIN designated amount of fees, but we connection that is direct and clear, not 2125–AF68; FTA RIN 2132–AB28] estimate that the total fee will exceed remote or attenuated. that amount, we will toll processing (ii) Likely contribute significantly to Metropolitan Planning Organization when we notify you of the estimated public understanding of those Coordination and Planning Area fees in excess of the amount you had operations or activities. Disclosure of Reform indicated a willingness to pay. When we the requested records must be receive your written commitment to pay meaningfully informative about AGENCY: Federal Highway the actual or estimated total fee, or government operations or activities. The Administration (FHWA), Federal designate an additional amount of fees disclosure of information that already is Transit Administration (FTA); U.S. you are willing to pay, we will restart in the public domain, in either the same Department of Transportation (DOT). the processing clock. or a substantially identical form, would ACTION: Notice of proposed rulemaking (3) If you decide to reformulate your not be meaningfully informative if (NPRM); reopening of comment period. request to reduce costs, we will consider nothing new would be added to the SUMMARY: The FHWA and FTA are it to be a new request that restarts the public’s understanding. The disclosure reopening the comment period for the twenty-day response clock. You can must contribute to the understanding of NPRM that was published on June 27, contact USTR’s FOIA Public Liaison at a reasonably broad audience—the 2016, at 81 FR 41473, in order to receive FOIA@ustr.eop.gov for assistance. public-at-large as opposed to a narrow (4) We will close your request if you additional public comment on targeted segment of the population. We will do not respond in writing within thirty issues. The NPRM proposes revisions to consider your expertise in the subject calendar days after the date we notify the transportation planning regulations area as well as your ability and you of the fee estimate. to promote more effective regional intention to effectively convey (g) Advance payments. (1) If we planning by States and metropolitan information to the public. determine or estimate that the total fee (iii) Is to further an identified planning organizations (MPO). The will exceed $250, we may require you commercial interest and whether that is original comment period closed on to make an advance payment up to the the primary interest advanced by the August 26, 2016. The FHWA and FTA amount of the entire anticipated fee request. For example, we ordinarily received a number of requests to extend before we begin to process your request. presume that the public’s interest is the comment period. The FHWA and (2) If you previously failed to pay a greater than the requester’s commercial FTA recognize that those interested in properly charged FOIA fee to any interest when we receive a request from commenting on this important program Federal agency within thirty calendar a representative of the news media. We may not have had the opportunity to days of the billing date, we may require will not presume that disclosure to data provide comments and that the proof that you paid the full amount due, brokers or others who merely compile comment period should be reopened. plus any applicable interest on that and market government information for Therefore, the comment period is being rmajette on DSK2TPTVN1PROD with PROPOSALS prior request, and that you make an direct economic return primarily serves reopened. advance payment to us of the full the public interest. DATES: Comments must be received on amount of any anticipated fee before we (2) We will grant a partial waiver or before October 24, 2016. begin to process a new request or when only some of the records to be ADDRESSES: Mail or hand deliver continue to process a pending request or released satisfy the requirements in this comments to: Docket Management any pending appeal. If we have a section. Facility, U.S. Department of reasonable basis to believe that you have (3) You should include your fee Transportation, 1200 New Jersey misrepresented your identity in order to waiver or reduction request when you Avenue SE., Washington, DC 20590, or VerDate Sep<11>2014 15:12 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\23SEP1.SGM 23SEP1

Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 65593 submit electronically at http:// within that urbanized area. Specifically, would be jointly developed by the www.regulations.gov, or fax comments the NPRM proposed that MPOs would multiple MPOs in such MPAs where to (202) 493–2251. All comments should develop a single metropolitan more than one MPO is designated. include the docket number that appears transportation plan, a single The FHWA and FTA propose to phase in the heading of this document. All transportation improvement program in implementation of these proposed comments received will be available for (TIP), and a jointly established set of coordination requirements and the examination and copying at the above performance targets for the entire urbanized area and contiguous area proposed requirements for MPA address from 9 a.m. to 5 p.m., ET, Monday through Friday, except Federal expected to become urbanized within a boundary and MPO boundaries holidays. Those desiring notification of 20-year forecast period for the agreements over 2 years. receipt of comments must include a self- transportation plan. If multiple MPOs Additional Public Comments Sought on addressed, stamped postcard or may are designated within that urbanized Specific Issues print the acknowledgment page that area, they would jointly prepare these appears after submitting comments unified planning products. To The FHWA and FTA are reopening electronically. Anyone is able to search accomplish this, the proposed revisions the comment period in order to receive the electronic form of all comments in would clarify that the metropolitan public comment on certain issues raised any one of our dockets by the name of planning area (MPA) must include the in the NPRM. Specifically, the FHWA the individual submitting the comment entire urbanized area and contiguous and FTA are looking for specific and (or signing the comment, if submitted area expected to become urbanized detailed comments that contribute to the on behalf of an association, business, or within 20 years. understanding of the impact of the labor union). You may review the DOT As discussed in the NPRM, these proposed requirements for unified complete Privacy Act Statement in the proposed revisions would better align the planning regulations with statutory planning products where multiple Federal Register published on April 11, MPOs serve the same urbanized area, 2000 (65 FR 19477). provisions concerning the establishment of MPA boundaries and the designation potential exceptions that should be Electronic Access and Filing of MPOs. This includes the statutory included in the final rule, and criteria requirement for the MPA to include an for applying such exceptions. The This document and all comments received may be viewed online through urbanized area in its entirety together FHWA and FTA also seek specific and the Federal eRulemaking portal at with the contiguous area expected to detailed comments on the expected http://www.regulations.gov. The Web become urbanized within 20 years, and costs of implementing the proposed site is available 24 hours each day, 365 the exception provision to allow more rule. The FHWA and FTA are seeking days each year. An electronic copy of than one MPO to serve a single MPA if comments specific to these issues as we this document may also be downloaded warranted by the size and complexity of decide whether to finalize any by accessing the Office of the Federal the MPA. This return to the original provisions within the scope of the Register’s home page at: https:// legislative intent is in alignment with NPRM. Previously submitted comments www.federalregister.gov and the the findings of the draft report Beyond should not be resubmitted. Government Publishing Office’s Web Traffic: Trends and Choices 2045. Beyond Traffic was released by the The original comment period for the site at: http://www.gpo.gov. NPRM closed on August 26, 2016. The Department in February 2015. It FOR FURTHER INFORMATION CONTACT: For FHWA and FTA ask commenters to examines the long-term and emerging FHWA: Mr. Harlan W. Miller, Planning trends affecting our Nation’s focus on the specific issues open for Oversight and Stewardship Team transportation system and the public comment, as discussed in the (HEPP–10), (202) 366–0847; or Ms. Janet implications of those trends. It describes above paragraph. Other comments will Myers, Office of the Chief Counsel how demographic and economic trends, be considered to the extent practicable. (HCC–30), (202) 366–2019. For FTA: as well as changes in technology, To allow time for interested parties to Ms. Sherry Riklin, Office of Planning governance, and our climate, will submit comments on the targeted issues and Environment, (202) 366–5407; Mr. increase the importance of our highlighted above, the comment period Dwayne Weeks, Office of Planning and metropolitan regions in making is being reopened until October 24, Environment, (202) 493–0316; or Mr. decisions that cross State, political, 2016. Christopher Hall, Office of Chief socioeconomic, and often transportation Counsel, (202) 366–5218. Both agencies Issued in Washington, DC, on September planning lines. By 2045, the population are located at 1200 New Jersey Avenue 19th 2016, under authority delegated in 49 is anticipated to increase by 70 million SE., Washington, DC 20590. Office CFR 1.85 and 1.91. people, with most of that growth hours are from 8 a.m. to 4:30 p.m., ET occurring in metropolitan areas. Gregory G. Nadeau, for FHWA, and 9 a.m. to 5:30 p.m., ET The rulemaking would establish Administrator, Federal Highway for FTA, Monday through Friday, except clearer operating procedures, and Administration. Federal holidays. reinstate certain coordination and Carolyn Flowers, SUPPLEMENTARY INFORMATION: decisionmaking requirements for Acting Administrator, Federal Transit situations where there is more than one Administration. Background MPO serving an MPA. The proposed [FR Doc. 2016–22907 Filed 9–22–16; 8:45 am] On June 27, 2016, the FHWA and FTA rule would require unified planning rmajette on DSK2TPTVN1PROD with PROPOSALS BILLING CODE 4910–22–P published a proposed rule to revise the products for the MPA, including jointly transportation planning regulations to established performance targets within promote more effective regional an MPA, and a single metropolitan planning by States and MPOs. See 81 FR transportation plan and TIP for the 41473. The goal of the proposed entire MPA in order to result in revisions is to promote unified planning planning products that reflect the products for each urbanized area, even regional needs of the entire urbanized if there are multiple MPOs designated area. These unified planning products VerDate Sep<11>2014 15:12 Sep 22, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 9990 E:\FR\FM\23SEP1.SGM 23SEP1


Document Created: 2016-09-23 01:43:25
Document Modified: 2016-09-23 01:43:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM); reopening of comment period.
DatesComments must be received on or before October 24, 2016.
ContactFor FHWA: Mr. Harlan W. Miller, Planning Oversight and Stewardship Team (HEPP-10), (202) 366-0847; or Ms. Janet Myers, Office of the Chief Counsel (HCC-30), (202) 366-2019. For FTA: Ms. Sherry Riklin, Office of Planning and Environment, (202) 366-5407; Mr. Dwayne Weeks, Office of Planning and Environment, (202) 493-0316; or Mr. Christopher Hall, Office of Chief Counsel, (202) 366- 5218. Both agencies are located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., ET for FHWA, and 9 a.m. to 5:30 p.m., ET for FTA, Monday through Friday, except Federal holidays.
FR Citation81 FR 65592 
CFR Citation23 CFR 450
49 CFR 613
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