82 FR 60571 - Tribal Transportation Self-Governance Program; Negotiated Rulemaking Committee Meeting

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 244 (December 21, 2017)

Page Range		60571-60572
FR Document		2017-27439

As required by the Negotiated Rulemaking Act, the Secretary of Transportation announces a meeting of the Tribal Transportation Self- Governance (TTSGP) Negotiated Rulemaking Committee. The meeting is open to the public.

Federal Register, Volume 82 Issue 244 (Thursday, December 21, 2017)

[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Proposed Rules]
[Pages 60571-60572]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27439]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / 
Proposed Rules

[[Page 60571]]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Chapter I

[Docket No. FHWA-2016-0002]
RIN 2125-AF70


Tribal Transportation Self-Governance Program; Negotiated 
Rulemaking Committee Meeting

AGENCY: Federal Highway Administration, DOT.

ACTION: Notice of negotiated rulemaking committee meeting.

-----------------------------------------------------------------------

SUMMARY: As required by the Negotiated Rulemaking Act, the Secretary of 
Transportation announces a meeting of the Tribal Transportation Self-
Governance (TTSGP) Negotiated Rulemaking Committee. The meeting is open 
to the public.

DATES: The meeting will be held January 8-12, 2018, from 8 a.m. to 5 
p.m., CDT.

ADDRESSES: The meeting will be held at the Eastern Federal Lands 
Highway Division, Loudoun Tech Center, 21400 Ridgetop Circle, Sterling, 
VA 20166-6511. Attendance is open to the public up to the room's 
capacity. Copies of the TTSGP Committee materials and an agenda will be 
made available in advance of the meeting at https://flh.fhwa.dot.gov/programs/ttp/ttsgp/.
    Send comments to Erin Kenley, Designated Federal Official, Federal 
Highway Administration, 1200 New Jersey Ave. SE, Washington, DC 20590; 
or Vivian Philbin, Assistant Chief Counsel, 12300 West Dakota Avenue, 
Lakewood, CO 80228. Or email to: [email protected].
    Comments received by FHWA will be available for inspection at the 
address listed above from 9:00 a.m. to 4:00 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Erin Kenley, Designated Federal 
Official, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 
(202) 366-1567 or at [email protected]. Vivian Philbin, Assistant 
Chief Counsel, 12300 West Dakota Avenue, Lakewood, CO 80228. Telephone: 
(720) 963-3445 or at [email protected]. Additional information may 
be posted on the FHWA Tribal Transportation Self-Governance Program 
website at https://flh.fhwa.dot.gov/programs/ttp/ttsgp/ as it comes 
available.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 1121 of the Fixing America's Surface Transportation (FAST) 
Act, Public Law 114-94 (Dec. 4, 2015), directs the Secretary to develop 
a Notice of Proposed Rulemaking (NPRM) that contains the regulations 
required to carry out the TTSGP at the United States Department of 
Transportation (Department). Section 1121 also requires the Secretary 
to establish a committee to carry out this work and apply the 
procedures of negotiated rulemaking under subchapter III of chapter 5 
of title 5 (the Negotiated Rulemaking Act) in a manner that reflects 
the unique government-to-government relationship between the Indian 
tribes and the United States. On July 27, 2016, the Secretary published 
a document in the Federal Register (81 FR 49193) ``Negotiated 
Rulemaking Proposed Committee Membership and First Meeting,'' and the 
TTSGP Committee held its first meeting from August 16 to 18, 2016, in 
Sterling, Virginia. The TTSGP Committee organized itself into work 
groups to assist in the negotiation and development of proposed 
regulatory text. Between September 2016 and December 2016, the full 
Committee met three additional times at the following locations: 
Sterling, Virginia; Shawnee, Oklahoma; and Bloomington, Minnesota. An 
additional meeting of the full committee was scheduled for Atmore, 
Alabama in December 2016. However, due to severe inclement weather and 
subsequent air travel flight cancellations, a quorum of representatives 
needed to conduct an official Committee meeting (in accordance with the 
Committee's protocols) was not obtained. Notwithstanding, the committee 
representatives that were present used the scheduled time to carry out 
business in work groups. A significant amount of the proposed language 
for the NPRM was developed during the meetings that were held. Due to a 
change in Administration, the committee's work was put on hold in 
January 2017 to allow the new Administration to be briefed on the 
rulemaking and determine its future direction.
    Section 1121 of the FAST Act allows a 180-day extension to the 
deadlines identified within it for completing this work. After 
receiving a consensus approval from the tribal committee members, the 
Secretary sent letters to the required members of Congress on September 
1, 2017, informing them of the implementation of this provision.
    In an effort to publish the NPRM within the time frames identified 
by statute, this will be the last meeting of the Committee until after 
the comment period is complete. At that time, the Committee may 
reconvene to address the comments received and work together to develop 
the proposed language for the Final Rule.
    The Secretary acknowledges and appreciates the Committee's work and 
effort to date and looks forward to working together to complete this 
task. Several of the Committee members who were designated as 
Alternates have now been placed on the Committee as Primary members due 
to numerous circumstances. These include:

--Connie Thompson, Transportation Director, Assiniboine and Sioux 
Tribes of the Fort Peck Reservation, Montana [replacing John Smith, 
Transportation Director, Eastern Shoshone and Northern Arapaho Tribes' 
Joint Business Council on the Wind River Indian Reservation, Arapahoe, 
WY]
--Dean Branchaud, Red Lake Band of Chippewa, Red Lake, MN [replacing 
David Conner, Self-Governance Coordinator, Red Lake Band of Chippewa 
Indians, Red Lake, MN]
--Mary Beth Frank-Clark, Transportation Planner, Nez Pierce Tribe, 
Lewiston, ID [replacing Timothy Ballew II, Tribal Chairman, Lummi 
Nation, Bellingham, WA]; and
--Clyde M. Romero, Jr., Executive Director of Self-Governance, Taos 
Pueblo, Taos, NM [replacing Mickey Peercy, Executive Director of Self-
Governance, Choctaw Nation of Oklahoma, Tishomingo, OK].

    Requests for additional nominees to backfill the alternate 
positions made available through these moves will not be accepted at 
this time.

[[Page 60572]]

    The Secretary also designates the following individuals to replace 
Federal representatives of the Committee as Primary members:

--Anthony Bedell, Deputy Assistant Secretary for Intergovernmental 
Affairs, Office of the Secretary, USDOT, Washington, DC [replacing 
Kenneth Martin, Deputy Assistant Secretary for Tribal Government 
Affairs, Office of the Secretary, USDOT, Washington, DC]
--Colleen Vaughn, Environmental Policy Analyst/Historic Preservation 
Officer, Office of Policy Development, USDOT, Washington, DC [replacing 
Katherine Andrus, Environmental Protection Specialist and Federal 
Preservation Officer, FAA, Washington, DC]
--Erin Kenley, Director, Office of Tribal Transportation, FHWA, USDOT, 
Washington, DC as the Designated Federal Official [replacing Robert W. 
Sparrow, Supervisory Program Manager, Office of Tribal Transportation, 
FHWA, Washington, DC].

II. Meeting Participation

    The meeting will be open to the public. Time has been set aside 
during each day of the meeting for members of the public to contribute 
to the discussion and provide oral comments.
    The committee will dedicate a substantial amount of time at this 
meeting to reviewing and finalizing the proposed regulatory language 
and preamble to the NPRM.

III. Potential Future Committee Meetings and Rulemaking Calendar

    Potential future meetings and the committee's responsibilities, as 
well as locations of consultation sessions/outreach during the NPRM 
comment period, will be discussed during this meeting. Notifications of 
any future meetings will be shown on the TTSGP website at https://flh.fhwa.dot.gov/programs/ttp/ttsgp/ at least 15 calendar days prior to 
a meeting. Dates and locations of consultation sessions/outreach during 
the comment period will be shown on the site as well as be included in 
a Federal Register document and in the preamble to the proposed NPRM. 
The Department intends to complete the negotiated rulemaking process 
for the proposed rule and publish a Final Rule in 2018.

     Issued on: December 13, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-27439 Filed 12-20-17; 8:45 am]
 BILLING CODE 4910-22-P

60571

Proposed Rules Federal Register
Vol. 82, No. 244

Thursday, December 21, 2017

This section of the FEDERAL REGISTER dot.gov. Vivian Philbin, Assistant Chief Administration, the committee’s work
contains notices to the public of the proposed Counsel, 12300 West Dakota Avenue, was put on hold in January 2017 to
issuance of rules and regulations. The Lakewood, CO 80228. Telephone: (720) allow the new Administration to be
purpose of these notices is to give interested 963–3445 or at vivian.philbin@dot.gov. briefed on the rulemaking and
persons an opportunity to participate in the Additional information may be posted determine its future direction.
rule making prior to the adoption of the final
rules.
on the FHWA Tribal Transportation Section 1121 of the FAST Act allows
Self-Governance Program website at a 180-day extension to the deadlines
https://flh.fhwa.dot.gov/programs/ttp/ identified within it for completing this
DEPARTMENT OF TRANSPORTATION ttsgp/ as it comes available. work. After receiving a consensus
SUPPLEMENTARY INFORMATION: approval from the tribal committee
Federal Highway Administration members, the Secretary sent letters to
I. Background the required members of Congress on
23 CFR Chapter I Section 1121 of the Fixing America’s September 1, 2017, informing them of
Surface Transportation (FAST) Act, the implementation of this provision.
[Docket No. FHWA–2016–0002]
Public Law 114–94 (Dec. 4, 2015), In an effort to publish the NPRM
RIN 2125–AF70 directs the Secretary to develop a Notice within the time frames identified by
of Proposed Rulemaking (NPRM) that statute, this will be the last meeting of
Tribal Transportation Self-Governance contains the regulations required to the Committee until after the comment
Program; Negotiated Rulemaking carry out the TTSGP at the United States period is complete. At that time, the
Committee Meeting Department of Transportation Committee may reconvene to address
(Department). Section 1121 also requires the comments received and work
AGENCY: Federal Highway
the Secretary to establish a committee to together to develop the proposed
Administration, DOT.
carry out this work and apply the language for the Final Rule.
ACTION: Notice of negotiated rulemaking procedures of negotiated rulemaking
committee meeting. The Secretary acknowledges and
under subchapter III of chapter 5 of title appreciates the Committee’s work and
SUMMARY: As required by the Negotiated 5 (the Negotiated Rulemaking Act) in a effort to date and looks forward to
Rulemaking Act, the Secretary of manner that reflects the unique working together to complete this task.
Transportation announces a meeting of government-to-government relationship Several of the Committee members who
the Tribal Transportation Self- between the Indian tribes and the were designated as Alternates have now
Governance (TTSGP) Negotiated United States. On July 27, 2016, the been placed on the Committee as
Rulemaking Committee. The meeting is Secretary published a document in the Primary members due to numerous
open to the public. Federal Register (81 FR 49193) circumstances. These include:
‘‘Negotiated Rulemaking Proposed
DATES: The meeting will be held January —Connie Thompson, Transportation
Committee Membership and First
8–12, 2018, from 8 a.m. to 5 p.m., CDT. Director, Assiniboine and Sioux
Meeting,’’ and the TTSGP Committee
ADDRESSES: The meeting will be held at Tribes of the Fort Peck Reservation,
held its first meeting from August 16 to
the Eastern Federal Lands Highway Montana [replacing John Smith,
18, 2016, in Sterling, Virginia. The
Division, Loudoun Tech Center, 21400 Transportation Director, Eastern
TTSGP Committee organized itself into
Ridgetop Circle, Sterling, VA 20166– Shoshone and Northern Arapaho
work groups to assist in the negotiation
6511. Attendance is open to the public Tribes’ Joint Business Council on the
and development of proposed regulatory
up to the room’s capacity. Copies of the Wind River Indian Reservation,
text. Between September 2016 and
TTSGP Committee materials and an Arapahoe, WY]
December 2016, the full Committee met
agenda will be made available in three additional times at the following —Dean Branchaud, Red Lake Band of
advance of the meeting at https:// locations: Sterling, Virginia; Shawnee, Chippewa, Red Lake, MN [replacing
flh.fhwa.dot.gov/programs/ttp/ttsgp/. Oklahoma; and Bloomington, David Conner, Self-Governance
Send comments to Erin Kenley, Minnesota. An additional meeting of the Coordinator, Red Lake Band of
Designated Federal Official, Federal full committee was scheduled for Chippewa Indians, Red Lake, MN]
Highway Administration, 1200 New Atmore, Alabama in December 2016. —Mary Beth Frank-Clark,
Jersey Ave. SE, Washington, DC 20590; However, due to severe inclement Transportation Planner, Nez Pierce
or Vivian Philbin, Assistant Chief weather and subsequent air travel flight Tribe, Lewiston, ID [replacing
Counsel, 12300 West Dakota Avenue, cancellations, a quorum of Timothy Ballew II, Tribal Chairman,
Lakewood, CO 80228. Or email to: representatives needed to conduct an Lummi Nation, Bellingham, WA]; and
FHWA-TTSGP@dot.gov. official Committee meeting (in —Clyde M. Romero, Jr., Executive
Comments received by FHWA will be accordance with the Committee’s Director of Self-Governance, Taos
daltland on DSKBBV9HB2PROD with PROPOSALS

available for inspection at the address protocols) was not obtained. Pueblo, Taos, NM [replacing Mickey
listed above from 9:00 a.m. to 4:00 p.m., Notwithstanding, the committee Peercy, Executive Director of Self-
Monday through Friday. representatives that were present used Governance, Choctaw Nation of
FOR FURTHER INFORMATION CONTACT: Erin the scheduled time to carry out business Oklahoma, Tishomingo, OK].
Kenley, Designated Federal Official, in work groups. A significant amount of Requests for additional nominees to
1200 New Jersey Avenue SE, the proposed language for the NPRM backfill the alternate positions made
Washington, DC 20590. Telephone: was developed during the meetings that available through these moves will not
(202) 366–1567 or at erin.kenley@ were held. Due to a change in be accepted at this time.

VerDate Sep<11>2014 17:21 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\21DEP1.SGM 21DEP1

Document Created: 2018-10-25 10:59:12
Document Modified: 2018-10-25 10:59:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of negotiated rulemaking committee meeting.
Dates		The meeting will be held January 8-12, 2018, from 8 a.m. to 5 p.m., CDT.
Contact		Erin Kenley, Designated Federal Official, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: (202) 366-1567 or at [email protected] Vivian Philbin, Assistant Chief Counsel, 12300 West Dakota Avenue, Lakewood, CO 80228. Telephone: (720) 963-3445 or at [email protected] Additional information may be posted on the FHWA Tribal Transportation Self-Governance Program website at https://flh.fhwa.dot.gov/programs/ttp/ttsgp/ as it comes available.
FR Citation		82 FR 60571
RIN Number		2125-AF70

82 FR 60571 - Tribal Transportation Self-Governance Program; Negotiated Rulemaking Committee Meeting

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 244 (December 21, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration