Engineering and traffic operations: Traffic control devices design; national standards— Metric conversion guide, etc.; incorporation by reference; correction,

[Federal Register: July 16, 1999 (Volume 64, Number 136)]

[Rules and Regulations]

[Page 38307]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16jy99-11]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-97-2353; 96-20]

RIN 2125-AD63

National Standards for Traffic Control Devices; Metric Conversion; Correction of Effective Date Under Congressional Review Act (CRA)

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; correction of effective date under the CRA.

SUMMARY: On Thursday, June 24, 1999, the FHWA published a final rule which adopted as final, with changes, the interim rule concerning national standards for traffic control devices, metric conversion, published on Tuesday, June 11, 1996. This document corrects the effective date of the June 24, 1999 rule to be consistent with the Congressional Review Act (CRA), enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, 808. The incorporation by reference approval date is also corrected to conform to the effective date.

DATES: Effective Date: July 16, 1999.

Incorporation by Reference: The incorporation by reference of certain publications listed in the regulations was re-approved by the Director of the Federal Register as of July 16, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of Transportation Operations (HOTO) (202) 366-9064, or Mr. Raymond Cuprill, Office of the Chief Counsel (202) 366-1377, Federal Highway Administration, 400 Seventh Street, SW., 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

Internet users may access all comments received by the U.S. DOT Dockets Room PL-401, by using the universal resource locator (URL): http://dms.dot.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help.

An electronic copy of this document may be downloaded by using a computer, modem and suitable communications software from the Government Printing Office's Electronic Bulletin Board Service at (202) 512-1661. Internet users may reach the Office of the Federal Register's home page at: http://www.nara.gov/fedreg and the Government Printing Office's database at: http://www.access.gpo.gov/nara.

Background

The CRA, as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States.

The effective date of the final rule on National Standards for Traffic Control Devices; Metric Conversion, published at 64 FR 33751, is corrected from June 24, 1999 to July 16, 1999 in order to comply with the CRA. The incorporation by reference approval date is also corrected to conform to the effective date.

Administrative Procedure Act

The Administrative Procedure Act provides that an agency may dispense with prior notice and opportunity for comment when the agency for good cause finds that such procedures are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). The FHWA has determined that prior notice and comment are unnecessary, because the FHWA is merely correcting the effective date of the promulgated rule to be consistent with the congressional review requirements of the Congressional Review Act as a matter of law and has no discretion in this matter. Thus, notice and public procedure are unnecessary. The Agency finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

List of Subjects in 23 CFR Part 655

Design standards, Grant programs--transportation, Highways and roads, Incorporation by reference, Signs and symbols, and Traffic regulations.

Authority: 23 U.S.C. 101(a), 104, 105, 109(d), 114(a), 135, 217, 307, 315, and 402(a); 23 CFR 1.32; and 49 CFR 1.48(b).

Issued on: July 1, 1999. Karen E. Skelton, Chief Counsel.

[FR Doc. 99-17805Filed7-15-99; 8:45 am]

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