83 FR 21709 - Right-of-Way and Real Estate; Correction
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 91 (May 10, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 91 (May 10, 2018)
| Page Range | 21709-21710 | |
| FR Document | 2018-09983 |
[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)] [Rules and Regulations] [Pages 21709-21710] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09983] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 710 RIN 2125-AF77 Right-of-Way and Real Estate; Correction AGENCY: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Correcting amendment. ----------------------------------------------------------------------- SUMMARY: This rule makes a technical correction to the regulations concerning right-of-way and real estate. The amendment contained herein makes no substantive change to the FHWA regulations, policies, or procedures. This rule updates the language to move a misplaced word. DATES: This rule is effective June 11, 2018. FOR FURTHER INFORMATION CONTACT: Arnold Feldman, Office of Real Estate Services, (202) 366-2028, Arnold.Feldman@dot.gov; or Hannah Needleman, Office of the Chief Counsel, (202) 366-1345, Hannah.Needleman@dot.gov; Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Office of the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's web page at: http://www.gpoaccess.gov/nara. Background This rule makes a technical correction to the regulations that govern Direct Federal Acquisition to correct a misplaced word in the first sentence of 23 CFR 710.603(a). The preamble to the Final Rule (81 FR 57716, August 23, 2016) discusses this sentence and makes clear that no changes would be made to the sentence proposed in the NPRM (79 FR 69998, November 24, 2014). However, the regulatory text adopted switches the order of the words in the sentence. This action corrects the regulatory text to reduce confusion and reflect the Agency's intended language. Specifically, the word ``not'' is relocated so that the current relevant portion of language is changed from ``[t]he provisions of this paragraph may not be applied to any real property that is owned by the United States'' to read ``[t]he provisions of this paragraph may be applied to any real property that is not owned by the United States.'' Rulemaking Analyses and Notice Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. The FHWA finds that notice and comment for this rule is unnecessary and contrary to the public interest because it will have no substantive impact, is technical in nature, and relates only to management, organization, procedure, and practice. The FHWA does not anticipate receiving meaningful comments on it. States, local governments, and their consultants rely upon the regulations corrected by this action. This correction will reduce confusion for these entities and should not be unnecessarily delayed. Accordingly, for the reasons listed above, the agencies find good cause under 5 U.S.C. 553(b)(3)(B) to waive notice and opportunity for comment. Executive Order 12866 (Regulatory Planning and Review,) Executive Order 13563 (Improving Regulation and Regulatory Review), Executive Order 13771 (Reducing Regulations and Controlling Regulatory Costs), and DOT Regulatory Policies and Procedures The FHWA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or significant within the meaning of the U.S. Department of Transportation regulatory policies and procedures. It is anticipated that the economic impact of this rulemaking will be minimal. This rule only entails a minor correction that will not in any way alter the regulatory effect of 23 CFR part 710. Thus, this final rule will not adversely affect, in a material way, any sector of the economy. In addition, these changes will not interfere with any action taken or planned by another agency and will not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. This action complies with E.O.s 12866, 13563, and 13771 to improve regulation. [[Page 21710]] The FHWA considers this proposed rule to be an E.O. 13771 deregulatory action because it is intended to reduce confusion and reflect the Agency's intended language. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 60l-612) FHWA has evaluated the effects of this action on small entities and have determined that the action will not have a significant economic impact on a substantial number of small entities. This final rule will not make any substantive changes to our regulations or in the way that our regulations affect small entities; it merely corrects technical errors. For this reason, FHWA certifies that this action will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rule does not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995, 109 Stat. 48). This rule does not impose any requirements on State, local, or Tribal governments, or the private sector and, thus, will not require those entities to expend any funds. Executive Order 13132 (Federalism) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and FHWA has determined that this action does not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA has also determined that this action does not preempt any State law or State regulation or affect the States' ability to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to these programs. Paperwork Reduction Act This action does not create any new information collection requirements for which a Paperwork Reduction Act submission to the Office of Management and Budget would be needed under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. National Environmental Policy Act The FHWA has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has determined that this action will not have any effect on the quality of the environment. Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this action under Executive Order 13175, dated November 6, 2000, and concluded that this rule will not have substantial direct effects on one or more Indian tribes; will not impose substantial direct compliance costs on Indian Tribal government; and will not preempt Tribal law. There are no requirements set forth in this rule that directly affect one or more Indian Tribes. Therefore, a Tribal summary impact statement is not required. Executive Order 12988 (Civil Justice Reform) This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) Under Executive Order 13045, Protection of Children from Environmental Health and Safety Risks, this final rule is not economically significant and does not involve an environmental risk to health and safety that may disproportionally affect children. Executive Order 12630 (Taking of Private Property) This final rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Executive Order 13211 (Energy Effects) This final rule has been analyzed under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The FHWA has determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda twice each year. The RINs contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 710 Grant programs--transportation, Highways and roads, Real property acquisition, Reporting and recordkeeping requirements, Rights-of-way. Issued on: May 3, 2018. Brandye L. Hendrickson, Acting Administrator. In consideration of the foregoing, 23 CFR part 710 is amended as set forth below. PART 710--RIGHT-OF-WAY AND REAL ESTATE 0 1. The authority citation for part 710 continues to read as follows: Authority: Secs. 1302 and 1321, Pub. L. 112-141, 126 Stat. 405. Sec. 1307, Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101(a), 107, 108, 111, 114, 133, 142(f), 156, 204, 210, 308, 315, 317, and 323; 42 U.S.C. 2000d et seq., 4633, 4651-4655; 2 CFR 200.311; 49 CFR 1.48(b) and (cc), parts 21 and 24; 23 CFR 1.32. 0 2. Amend Sec. 710.603 by revising the first sentence of paragraph (a) to read as follows: Sec. 710.603 Direct Federal acquisition. (a) The provisions of this paragraph may be applied to any real property that is not owned by the United States and is needed in connection with a project for the construction, reconstruction, or improvement of any section of the Interstate System or for a Defense Access Road project under 23 U.S.C. 210, if the SDOT is unable to acquire the required ROW or is unable to obtain possession with sufficient promptness. * * * * * * * * [FR Doc. 2018-09983 Filed 5-9-18; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations 21709
section 202(q) of a monthly benefit) § 404.621 [Amended] switches the order of the words in the
must be increased or decreased to ■ 17. Amend § 404.621 by removing sentence. This action corrects the
determine the amount to be actually paragraph (c) and redesignating regulatory text to reduce confusion and
paid to a beneficiary. Increases in the paragraphs (d) and (e) as paragraphs (c) reflect the Agency’s intended language.
amount of a monthly benefit or lump- and (d). Specifically, the word ‘‘not’’ is relocated
sum death payment are based upon so that the current relevant portion of
[FR Doc. 2018–09910 Filed 5–9–18; 8:45 am]
recomputation and recalculations of the language is changed from ‘‘[t]he
BILLING CODE 4191–02–P
primary insurance amount (see subpart provisions of this paragraph may not be
C of this part). A decrease in the amount applied to any real property that is
of a monthly benefit or lump-sum death owned by the United States’’ to read
payment is required in the following DEPARTMENT OF TRANSPORTATION ‘‘[t]he provisions of this paragraph may
instances: be applied to any real property that is
Federal Highway Administration
* * * * * not owned by the United States.’’
■ 14. Amend § 404.460 by revising 23 CFR Part 710 Rulemaking Analyses and Notice
paragraph (a) introductory text to read RIN 2125–AF77 Under the Administrative Procedure
as follows: Act (5 U.S.C. 553(b)), an agency may
Right-of-Way and Real Estate; waive the normal notice and comment
§ 404.460 Nonpayment of monthly benefits
to aliens outside the United States.
Correction requirements if it finds, for good cause,
that they are impracticable,
(a) Nonpayment of monthly benefits AGENCY: Federal Highway
unnecessary, or contrary to the public
to aliens outside the United States more Administration (FHWA), U.S. interest. The FHWA finds that notice
than 6 months. Except as described in Department of Transportation (DOT). and comment for this rule is
paragraph (b) and subject to the ACTION: Correcting amendment. unnecessary and contrary to the public
limitations in paragraph (c) of this interest because it will have no
SUMMARY: This rule makes a technical
section after December 1956 no monthly substantive impact, is technical in
correction to the regulations concerning
benefit may be paid to any individual nature, and relates only to management,
right-of-way and real estate. The
who is not a citizen or national of the organization, procedure, and practice.
amendment contained herein makes no
United States, for any month after the The FHWA does not anticipate
substantive change to the FHWA
sixth consecutive calendar month receiving meaningful comments on it.
regulations, policies, or procedures.
during all of which he is outside the States, local governments, and their
This rule updates the language to move
United States, and before the first consultants rely upon the regulations
a misplaced word.
calendar month for all of which he is in corrected by this action. This correction
DATES: This rule is effective June 11,
the United States after such absence. will reduce confusion for these entities
2018. and should not be unnecessarily
* * * * *
FOR FURTHER INFORMATION CONTACT: delayed. Accordingly, for the reasons
Subpart G—Filing of Applications and Arnold Feldman, Office of Real Estate listed above, the agencies find good
Other Forms Services, (202) 366–2028, cause under 5 U.S.C. 553(b)(3)(B) to
Arnold.Feldman@dot.gov; or Hannah waive notice and opportunity for
■ 15. The authority citation for subpart Needleman, Office of the Chief Counsel, comment.
G of part 404 is revised to read as (202) 366–1345, Hannah.Needleman@
Executive Order 12866 (Regulatory
follows: dot.gov; Federal Highway
Planning and Review,) Executive Order
Authority: Secs. 202(i), (j), (o), (p), and (r), Administration, 1200 New Jersey
13563 (Improving Regulation and
205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5) Avenue SE, Washington, DC 20590.
Regulatory Review), Executive Order
of the Social Security Act (42 U.S.C. 402(i), Office hours for the FHWA are from
13771 (Reducing Regulations and
(j), (o), (p), and (r), 405(a), 416(i)(2), 423(b), 8:00 a.m. to 4:30 p.m., e.t., Monday
Controlling Regulatory Costs), and DOT
428(a), and 902(a)(5)). through Friday, except Federal holidays.
Regulatory Policies and Procedures
SUPPLEMENTARY INFORMATION:
■ 16. Amend § 404.620 by revising The FHWA has determined that this
paragraph (a) introductory text and Electronic Access action is not a significant regulatory
removing and reserving paragraph (b). An electronic copy of this document action within the meaning of Executive
The revision reads as follows: may be downloaded from the Office of Order 12866 or significant within the
the Federal Register’s home page at: meaning of the U.S. Department of
§ 404.620 Filing before the first month you
meet the requirements for benefits. http://www.archives.gov and the Transportation regulatory policies and
Government Publishing Office’s web procedures. It is anticipated that the
(a) General rule. If you file an page at: http://www.gpoaccess.gov/nara. economic impact of this rulemaking will
application for benefits before the first be minimal. This rule only entails a
month you meet all the other Background minor correction that will not in any
requirements for entitlement, the This rule makes a technical correction way alter the regulatory effect of 23 CFR
application will remain in effect until to the regulations that govern Direct part 710. Thus, this final rule will not
we make a final determination on your Federal Acquisition to correct a adversely affect, in a material way, any
application unless there is an misplaced word in the first sentence of sector of the economy. In addition, these
administrative law judge hearing 23 CFR 710.603(a). The preamble to the changes will not interfere with any
daltland on DSKBBV9HB2PROD with RULES
decision on your application. If there is Final Rule (81 FR 57716, August 23, action taken or planned by another
an administrative law judge hearing 2016) discusses this sentence and makes agency and will not materially alter the
decision, your application will remain clear that no changes would be made to budgetary impact of any entitlements,
in effect until the administrative law the sentence proposed in the NPRM (79 grants, user fees, or loan programs. This
judge hearing decision is issued. FR 69998, November 24, 2014). action complies with E.O.s 12866,
* * * * * However, the regulatory text adopted 13563, and 13771 to improve regulation.
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![21710 Federal Register / Vol. 83, No. 91 / Thursday, May 10, 2018 / Rules and Regulations
The FHWA considers this proposed rule National Environmental Policy Act action listed in the Unified Agenda of
to be an E.O. 13771 deregulatory action The FHWA has analyzed this action Federal Regulations. The Regulatory
because it is intended to reduce for the purpose of the National Information Service Center publishes
confusion and reflect the Agency’s Environmental Policy Act of 1969 (42 the Unified Agenda twice each year.
intended language. U.S.C. 4321–4347) and has determined The RINs contained in the heading of
that this action will not have any effect this document can be used to cross
Regulatory Flexibility Act reference this action with the Unified
on the quality of the environment.
In compliance with the Regulatory Agenda.
Executive Order 13175 (Tribal
Flexibility Act (Pub. L. 96–354, 5 U.S.C. Consultation) List of Subjects in 23 CFR Part 710
60l-612) FHWA has evaluated the Grant programs—transportation,
effects of this action on small entities The FHWA has analyzed this action
under Executive Order 13175, dated Highways and roads, Real property
and have determined that the action acquisition, Reporting and
will not have a significant economic November 6, 2000, and concluded that
this rule will not have substantial direct recordkeeping requirements, Rights-of-
impact on a substantial number of small way.
entities. This final rule will not make effects on one or more Indian tribes; will
not impose substantial direct Issued on: May 3, 2018.
any substantive changes to our
regulations or in the way that our compliance costs on Indian Tribal Brandye L. Hendrickson,
government; and will not preempt Acting Administrator.
regulations affect small entities; it
Tribal law. There are no requirements In consideration of the foregoing, 23
merely corrects technical errors. For this
set forth in this rule that directly affect CFR part 710 is amended as set forth
reason, FHWA certifies that this action
one or more Indian Tribes. Therefore, a below.
will not have a significant economic
Tribal summary impact statement is not
impact on a substantial number of small
required. PART 710—RIGHT-OF-WAY AND REAL
entities.
Executive Order 12988 (Civil Justice ESTATE
Unfunded Mandates Reform Act of Reform)
1995 ■ 1. The authority citation for part 710
This rule meets applicable standards continues to read as follows:
This rule does not impose unfunded in sections 3(a) and 3(b)(2) of Executive Authority: Secs. 1302 and 1321, Pub. L.
mandates as defined by the Unfunded Order 12988, Civil Justice Reform, to 112–141, 126 Stat. 405. Sec. 1307, Pub. L.
Mandates Reform Act of 1995 (Pub. L. minimize litigation, eliminate 105–178, 112 Stat. 107; 23 U.S.C. 101(a), 107,
104–4, March 22, 1995, 109 Stat. 48). ambiguity, and reduce burden. 108, 111, 114, 133, 142(f), 156, 204, 210, 308,
This rule does not impose any 315, 317, and 323; 42 U.S.C. 2000d et seq.,
Executive Order 13045 (Protection of 4633, 4651–4655; 2 CFR 200.311; 49 CFR
requirements on State, local, or Tribal Children) 1.48(b) and (cc), parts 21 and 24; 23 CFR
governments, or the private sector and, 1.32.
thus, will not require those entities to Under Executive Order 13045,
expend any funds. Protection of Children from ■ 2. Amend § 710.603 by revising the
Environmental Health and Safety Risks, first sentence of paragraph (a) to read as
Executive Order 13132 (Federalism) this final rule is not economically follows:
significant and does not involve an
This action has been analyzed in environmental risk to health and safety § 710.603 Direct Federal acquisition.
accordance with the principles and that may disproportionally affect (a) The provisions of this paragraph
criteria contained in Executive Order children. may be applied to any real property that
13132, and FHWA has determined that is not owned by the United States and
this action does not have sufficient Executive Order 12630 (Taking of is needed in connection with a project
federalism implications to warrant the Private Property) for the construction, reconstruction, or
preparation of a federalism assessment. This final rule will not effect a taking improvement of any section of the
The FHWA has also determined that of private property or otherwise have Interstate System or for a Defense
this action does not preempt any State taking implications under Executive Access Road project under 23 U.S.C.
law or State regulation or affect the Order 12630, Governmental Actions and 210, if the SDOT is unable to acquire the
States’ ability to discharge traditional Interference with Constitutionally required ROW or is unable to obtain
State governmental functions. Protected Property Rights. possession with sufficient promptness.
* * *
Executive Order 12372 Executive Order 13211 (Energy Effects)
(Intergovernmental Review) * * * * *
This final rule has been analyzed [FR Doc. 2018–09983 Filed 5–9–18; 8:45 am]
The regulations implementing under Executive Order 13211, Actions BILLING CODE 4910–22–P
Executive Order 12372 regarding Concerning Regulations That
intergovernmental consultation on Significantly Affect Energy Supply,
Distribution, or Use. The FHWA has DEPARTMENT OF HOMELAND
Federal programs and activities apply to
determined that it is not a significant SECURITY
these programs.
energy action under that order because
Paperwork Reduction Act it is not a significant regulatory action Coast Guard
under Executive Order 12866 and this
This action does not create any new
daltland on DSKBBV9HB2PROD with RULES
final rule is not likely to have a 33 CFR Part 117
information collection requirements for significant adverse effect on the supply,
which a Paperwork Reduction Act [Docket No. USCG–2018–0392]
distribution, or use of energy.
submission to the Office of Management
Regulation Identification Number Drawbridge Operation Regulation;
and Budget would be needed under the
Sacramento River, Sacramento, CA
Paperwork Reduction Act of 1995, 44 A regulation identification number
U.S.C. 3501–3520. (RIN) is assigned to each regulatory AGENCY: Coast Guard, DHS.
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Document Created: 2018-11-02 09:47:08
Document Modified: 2018-11-02 09:47:08
| 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 | Rules and Regulations | |
| Action | Correcting amendment. | |
| Dates | This rule is effective June 11, 2018. | |
| Contact | Arnold Feldman, Office of Real Estate Services, (202) 366-2028, [email protected]; or Hannah Needleman, Office of the Chief Counsel, (202) 366-1345, [email protected]; Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 83 FR 21709 | |
| RIN Number | 2125-AF77 | |
| CFR Associated | Grant Programs-Transportation; Highways and Roads; Real Property Acquisition; Reporting and Recordkeeping Requirements and Rights-of-Way |
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