[Federal Register Volume 70, Number 83 (Monday, May 2, 2005)]
[Rules and Regulations]
[Pages 22610-22611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8727]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 24

[FHWA Docket No. FHWA-2003-14747]
FHWA RIN 2125-AE97


Uniform Relocation Assistance and Real Property Acquisition for 
Federal and Federally-Assisted Programs

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Correction to final rule.

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SUMMARY: This document corrects the final rule updating 49 CFR Part 24 
published in the Federal Register on January 4, 2005 (70 FR 590). The 
FHWA is making two corrections. First, references to ``market value'' 
are corrected to ``fair market value.'' Second, in Appendix A, Section 
24.103 the numerical reference is corrected.

DATES: Effective Date(s): June 1, 2005

FOR FURTHER INFORMATION CONTACT: Mr. Reginald K. Bessmer, Office of 
Real Estate Services, HEPR, 202-366-2037, or Ms. JoAnne Robinson, 
Office of the Chief Counsel, HCC-30, (202) 366-1346, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Office hours for the FHWA 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 can 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.
    Internet users may also reach the Office of the Federal Register's 
home page at: http://www.archives.gov and the Government Printing 
Office's Web page at: http://www.access.gpo. gov/nara.

Background

    The FHWA published a final rule updating 49 CFR Part 24 on January 
4, 2005, at 70 FR 590. After reviewing the final published document, 
the FHWA realized that there were two mistakes.
    First, the language in the final rule cited market value rather 
than fair market value in twelve locations. In the notice of proposed 
rulemaking, published on December 17, 2003 (68 FR 70342), we proposed 
changing the term from ``fair market value'' to ``market value.'' 
However, after reviewing the comments in response to the NPRM, we 
decided not to make that change in the final rule. In fact, in the 
preamble discussion of the final rule, we discussed the fact that a 
commenter indicated that the term ``market value'' did not reflect 
current appraisal terminology nor was it universally accepted eminent 
domain terminology. Therefore, we clearly stated that the term ``fair 
market value'' is consistent with Uniform Act language and, 
accordingly, we will retain the term ``fair market value.'' (See 
preamble to final rule at 70 FR 595). Additionally, clearly the intent 
was to use fair market value, as cited in Appendix A, Subpart B-Real 
Property Acquisition, where use of fair market value is cited as being 
``used throughout this subpart.'' It was an unintentional oversight 
that the term ``market value'' remained in the text of the final rule.
    Secondly, we discovered an error in a numerical reference to a 
cite. In Appendix A, Section 24.103(a), Appraisal requirements, the 
reference ``49 CFR 24.103(a)(1) through (5)'' should read ``49 CFR 
24.103(a)(2)(i) through (v).''

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) 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 and the 
U.S. Department of Transportation regulatory policies and procedures. 
This action merely corrects terminology and a reference citation in the 
final rule. This correction is not a substantive change to the rule, 
but rather, is a ministerial change necessary to accurately reflect the 
intent of the FHWA.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the FHWA has evaluated the effects of this final 
rule on small entities and has determined it will not have a

[[Page 22611]]

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 will not result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million in any one year.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and the 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)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction; 20.500 Federal Transit Capital 
Improvement Grants; 20.505, Federal Transit Metropolitan Planning 
Grants; 20.507, Federal Transit Formula Grants; 20.515, State Planning 
and Research. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement 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 
environment.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, 
dated November 6, 2000. This action will not have substantial direct 
effects on one or more Indian tribes; will not impose substantial 
direct compliance costs on Indian tribal governments; and will not 
preempt tribal law. Therefore, a tribal summary impact statement is not 
required.

Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that this rule is not a 
significant energy action under EO 11321 because this rule is not a 
significant regulatory action and it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Therefore, a Statement of Energy Effects under Executive Order 
13211 is not required.

Executive Order 12988 (Civil Justice Reform)

    This action 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)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This action is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This action will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Government Actions and Interference with Constitutionally Protected 
Property Rights.

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 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 24

    Real property acquisition, Relocation assistance, Reporting and 
recordkeeping requirements and Transportation.

    Issued on: April 26, 2005.
Mary E. Peters,
Federal Highway Administrator.

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In consideration of the foregoing, the Federal Highway Administration 
amends title 49, Code of Federal Regulations, part 24, as set forth 
below:

PART 24--UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY 
ACQUISITION FOR FEDERAL AND FEDERALLY-ASSISTED PROGRAMS

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1. The authority citation for Part 24 continues to read as follows:

    Authority: 42 U.S.C. 4601 et seq.; 49 CFR 1.48(cc).


Sec.  24.102, 24.103, 24.105, 24.301, 24.401, 24.403, Appendix A to 
Part 24  [Amended]

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2. In part 24, remove the word ``market value'' and add, in their 
place, the words fair market value'' in the following places:
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a. Section 24.102(d) and (j);
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b. Section 24.103(b);
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c. Section 24.105(c);
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d. Section 24.301(g)(14)(i), in the third sentence
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e. Section 24.401(c)(2)(iii);
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f. Sections 24.403(a)(3) and (c)(6);
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g. Appendix A, Section 24.101(b)(1)(iv) and (2)(ii);
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h. Appendix A, Section 24.103(a), in the third paragraph; and
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i. Appendix A, Section 24.401(c)(2)(iii).


Appendix A to Part 24  [Amended]

0
3. Amend Appendix A to Part 24, Section 24.103(a), Appraisal 
requirements, in the last sentence of the third paragraph, by removing 
the citation ``49 CFR 24.103(a)(1) through (5)'' and adding, in its 
place, the citation ``49 CFR 24.103(a)(2)(i) through (v)''.

[FR Doc. 05-8727 Filed 4-29-05; 8:45 am]
BILLING CODE 4910-22-P