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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations implications to warrant the preparation of a federalism assessment. FHWA also has determined that this rule would not preempt any State law or State regulation or affect the States ability to discharge traditional State governmental functions.
Executive Order 13175 Tribal Consultation FHWA has analyzed this rule in accordance with the principles and criteria contained in E.O. 13175, Consultation and Coordination with Indian Tribal Governments. The rule implements statutory requirements that apply to States that receive Title 23
Federal-aid highway funds, and it would not have substantial direct effects on one or more Indian Tribes, would not impose substantial direct compliance costs on Indian Tribal governments, and would not preempt Tribal laws.
Accordingly, the funding and consultation requirements of E.O. 13175
do not apply and a Tribal summary impact statement is not required.
Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 PRA 44 U.S.C. 3501 et seq., Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. FHWA has determined that this rule does not contain collection of information requirements for the purposes of the PRA.

jspears on DSK121TN23PROD with RULES1

National Environmental Policy Act
17:37 Dec 02, 2021

Jkt 256001

E.O. 12898 requires that each Federal Agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations. FHWA has determined that this rule does not raise any environmental justice issues.
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 23 CFR Part 645
Grant programstransportation, Highways and roads, Reporting and recordkeeping requirements, Utilities.
Issued under authority delegated in 49 CFR
1.81 and 1.85 on.
Stephanie Pollack, Acting Administrator, Federal Highway Administration.

In consideration of the foregoing, FHWA amends part 645 of title 23 of the CFR as set forth below:
PART 645UTILITIES

The Agency has analyzed this rulemaking action pursuant to the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. and has determined that it is categorically excluded under 23 CFR 771.117c1, which applies to activities that do not involve or lead directly to construction.
Categorically excluded actions meet the criteria for categorical exclusions under the Council on Environmental Quality regulations and under 23 CFR
771.117a and normally do not require any further NEPA approvals by FHWA.
This rulemaking includes in FHWA
regulations the coordination, registration, and notification requirements of 47 U.S.C. 1504 that are applicable to States that receive Title 23
Federal-aid highway funds. This rulemaking does not involve and will not lead directly to construction. FHWA
does not anticipate any environmental impacts, and there are no unusual circumstances present under 23 CFR
771.117b.

VerDate Sep<11>2014

Executive Order 12898 Environmental Justice
1. Revise the authority citation for part 645 to read as follows:

Authority: 23 U.S.C. 101, 109, 111, 116, 123, and 315; 47 U.S.C. 1504; 23 CFR 1.23
and 1.27; 49 CFR 1.48b; and E.O. 11990, 42
FR 26961 May 24, 1977.

2. Add subpart C to read as follows:

Subpart CBroadband Infrastructure Deployment Sec.
645.301
645.303
645.305
645.307
645.309

Purpose.
Applicability.
Definitions.
General requirements.
Limitations.

Subpart CBroadband Infrastructure Deployment 645.301

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Applicability.

This subpart applies to each State that receives funds under Chapter 1 of Title 23 of the U.S.C. and only to activities for which Federal obligations or expenditures are initially approved on or after the effective date of this subpart.
645.305

Definitions.

For purposes of this subpart, the terms defined in 47 U.S.C. 1504a shall have the same meaning where used in these regulations, notwithstanding other provisions of this part or Title 23 of the U.S.C.
645.307

General requirements.

a A State department of transportation, in consultation with appropriate State agencies, shall:
1 Identify a broadband utility coordinator, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State. The broadband utility coordinator may have additional responsibilities.
2 Establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State.
3 Establish a process to notify electronically broadband infrastructure entities identified under subsection 2
of the State Transportation Improvement Program on an annual basis and provide additional notifications as necessary to achieve the goals of this subpart; and 4 Coordinate initiatives carried out under this subpart with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
b If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this section, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this section.
645.309

Purpose.

To prescribe additional requirements to facilitate the installation of broadband infrastructure pursuant to 47
U.S.C. 1504.

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645.303

68559

Limitations.

Nothing in this subpart establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this subpart
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