FR Notice of Nov. 1 to reopen for public comments

Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Proposed Rules
(c) When positive protective devices
are necessary, these devices shall be
paid for on a unit pay basis, unless
doing so would create a conflict with
innovative contracting approaches such
as design-build or some performance
based contracts where the contractor is
paid to assume a certain risk allocation,
and payment is generally made on a
lump sum basis. Application of specific
positive protective devices shall be in
accordance with chapter 9 of the
AASHTO Roadside Design Guide.

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§ 630.1108

Intrusion Countermeasures.

(a) In situations where the provision
of positive protective measures is not
adequate, possible or practical,
appropriate consideration should be
given to the use of intrusion
countermeasures to reduce the risk of
motorized traffic intrusion into the work
space. These countermeasures are not
mutually exclusive and should be
considered in combination as
appropriate. A wide range of motorized
traffic intrusion countermeasures
should be considered including, but not
limited to:
(1) Effective, credible signing;
(2) Variable message signs;
(3) Arrow boards;
(4) Warning flags and lights on signs;
(5) Longitudinal and lateral buffer
space;
(6) Trained flaggers and spotters;
(7) Enhanced flagger station setups;
(8) Intrusion alarms;
(9) Rumble strips;
(10) Pace or pilot vehicle;
(11) High quality work zone pavement
markings and removal of misleading
markings;
(12) Channelizing device spacing
reduction;
(13) Longitudinal channelizing
barricades;
(14) Work zone speed limit reduction;
(15) Law enforcement;
(16) Automated speed enforcement
(where permitted by State/local laws);
(17) Drone radar;
(18) Worker and work vehicle/
equipment visibility; and
(19) Worker training.
(b) Among the intrusion
countermeasures, uniformed law
enforcement presence in work zones is
generally recognized as an element that
enhances safety. The presence of a
uniformed law enforcement officer and
marked law enforcement vehicle in
view of the motorized traffic on a
highway project can affect driver
behavior, helping to maintain
appropriate speeds and increase driver
awareness through the work zone.
Conditions that should be considered in
determining the need for uniformed law

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enforcement presence in work zones
include, but are not limited to, the
following:
(1) Operations occurring on high
speed, high volume facilities where
workers on foot are exposed to traffic;
(2) Operations, including temporary
traffic control device set-up and
removal, that occur closely adjacent to
traffic without positive protection;
(3) Operations that require temporary
or frequent shifts in traffic patterns;
(4) Night operations that may cause
special concerns;
(5) Locations where traffic conditions
and crash history indicate substantial
problems may be encountered during
the project;
(6) Operations that require brief
closure of all lanes in one or both
directions;
(7) Operations where traffic queuing
is expected; and
(8) Other work sites where traffic
conditions present a high risk for
workers and the traveling public.
(c) Each agency, in cooperation with
the FHWA, shall develop a policy
addressing the use of uniformed law
enforcement on operations occurring on
Federal-aid highways. The policy shall
address the following:
(1) Law enforcement involvement
during major project planning and
development;
(2) Situations where uniformed law
enforcement officers are recommended;
(3) Duties/expectations of the officers
(and how they differ according to
different situations);
(4) Active enforcement versus
presence;
(5) Appropriate work zone safety and
mobility training for the officers,
consistent with the training
requirements in 23 CFR 630.1008(d);
(6) Communications and chain of
command; and
(7) Officer pay
(d) Uniformed law enforcement
officers shall not be used in lieu of
temporary traffic control devices
required by the Part 6 of the MUTCD.
Costs associated with the provision of
uniformed law enforcement to help
protect workers and maintain safe and
efficient travel through highway work
zones are eligible for Federal-aid
participation. Federal-aid eligibility
excludes law enforcement activities that
would normally be expected in and
around highway problem areas
requiring management of traffic.
Payment for the services of uniformed
law enforcement in work zones may be
included as part of the project budget,
or be accommodated as part of an
agency-level program budget. Payment
for the use of uniformed law

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64181

enforcement included as part of the
project budget shall be on a unit pay
basis. The process for establishing an
agency-level program budget shall
include:
(1) Appropriate consideration of
anticipated projects to estimate budget
needs; and
(2) Contingency provisions to address
identified needs should the budget
prove insufficient.
§ 630.1110 Installation and Maintenance of
Temporary Traffic Control Devices.

To help ensure that the integrity of
the temporary traffic control is
sustained after implementation, each
agency shall develop and implement
quality standards to help maintain the
quality and adequacy of the temporary
traffic control devices for the duration of
the project. Agencies may choose to
adopt quality standards such as those
developed by the American Traffic
Safety Services Association (ATSSA).1
A level of inspection necessary to assure
compliance with the quality standards
shall be provided.
[FR Doc. E6–18283 Filed 10–31–06; 8:45 am]
BILLING CODE 4910–22–P

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 15, 18, 150, 152, and 179
Office of the Secretary
43 CFR Parts 4 and 30
RIN 1076–AE59

Indian Trust Management Reform
Bureau of Indian Affairs, Office
of the Secretary, Interior.
ACTION: Notice of reopening of comment
period for proposed rule.
AGENCY:

SUMMARY: On August 8, 2006, the
Bureau of Indian Affairs (BIA) and the
Office of the Secretary proposed to
amend several of their regulations
related to Indian trust management (see
71 FR 45173). The purpose of the
amendments is to further fulfill the
Secretary’s fiduciary responsibilities to
federally recognized tribes and
individual Indians and to meet the
Indian trust management policies in the
1 The American Traffic Safety Services
Association’s (ATSSA) Quality Guidelines for Work
Zone Traffic Control Devices uses photos and
written descriptions to help judge when a traffic
control device has outlived its usefulness. These
guidelines are available for purchase from ATSSA
through the following URL: http://www.atssa.com/
store/bc_item_detail.jsp?productId=1.

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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Proposed Rules

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Indian Land Consolidation Act (ILCA),
as amended by the American Indian
Probate Reform Act of 2004 (AIPRA).
These amendments address Indian trust
management issues in the areas of
probate, probate hearings and appeals,
tribal probate codes, life estates and
future interests in Indian land, the
Indian land title of record, and
conveyances of trust or restricted land.
There is also an ‘‘Application for
Consolidation by Sale’’ form that is
associated with one of these
amendments.
This notice reopens the comment
period for an additional 60 days to
January 2, 2007. The BIA and Office of
Secretary are reopening the comment
period for an additional 60 days to
ensure that all interested parties,
including tribes and individual Indians,
have the opportunity to review the
proposed rule and prepare their
comments.

In
developing the final rule, the
Department will consider all comments
received before January 2, 2007.
Therefore, if you submitted comments at
any time before January 2, 2007, you do
not need to resubmit them.
In addition to making plain language
revisions, the amendments revise the
regulations to:
• Incorporate AIPRA changes to
probate: AIPRA created a uniform
probate code to standardize intestate
succession rules for trust and restricted
property. The uniform probate code
reinforces tribal sovereignty by
eliminating the application of state laws
in the probate of trust and restricted
assets while deferring to approved tribal
probate codes. AIPRA also established
new mechanisms for consolidating
fractionated interests at probate and
through sale of highly fractionated
tracts. The proposed amendments to
probate regulations would implement
DATES: The comment period for the
AIPRA’s provisions by requiring the
proposed rule published on August 8,
additional information needed to
2006 (71 FR 45173) is extended to
determine heirs and devisees to be
January 2, 2007.
included in the probate file, and by
establishing the procedures for
ADDRESSES: You may submit comments,
identified by the number 1076–AE59, by directional disclaimers, purchases at
probate and consolidation agreements.
any of the following methods:
These regulations continue to refer all
—Federal rulemaking portal: http://
probate cases to OHA. The amendments
www.regulations.gov. Follow the
instructions for submitting comments. streamline the OHA process by
shortening deadlines to more reasonable
—Web site at www.doitrustregs.com.
—E-mail: [email protected]. time periods. Amendments to life estate
Include the number 1076–AE59 in the provisions reflect AIPRA’s change in the
valuation of a life estate to be ‘‘without
subject line of the message.
regard to waste’’ and base the valuation
—Fax: (202) 208–5320. Include the
number 1076–AE59 in the subject line on the four-year average Single Life
Factor used by the U.S. Internal
of the message.
Revenue Service in Table S of the 7520
—Mail: U.S. Department of the Interior,
rate schedule, without regard to gender.
1849 C Street, NW., Mail Stop 4141,
• Promote consolidation (reduce
Washington, DC 20240.
fractionation) of interests: Allotments
—Hand delivery: Michele Singer, U.S.
owned by Indians have become
Department of the Interior, 1849 C
increasingly fractionated with the
Street, NW., Washington, DC 20240.
probate of each generation, resulting in
Comments on the information
the division of the allotment into
collection burdens, including comments smaller and smaller interests. These
on or requests for copies of the
amendments meet the policy expressed
‘‘Application for Consolidation by Sale’’ by Congress to reduce fractionation (i.e.,
form, are separate from those on the
the exponential increase in the number
substance of the rule. Send comments
of ownership interests in a given parcel
on the information collection burdens
of land) of tribal and individual Indian
to: Interior Desk Officer 1076–AE59,
interests in trust and restricted property
Office of Management and Budget, ethrough the use of several tools. These
mail: [email protected]; or 202/ tools include the opportunities for tribes
395–6566 (fax). Please also send a copy
to establish a tribal land consolidation
of your comments to BIA at the location plan; purchase interests in land within
specified under the heading ADDRESSES. their respective jurisdictions when
offered for negotiated sale, gift, or
FOR FURTHER INFORMATION CONTACT:
exchange; make a tribal tract purchase
Michele Singer, Counselor to the
(i.e., obtain fractionated interests of nonAssistant Secretary—Indian Affairs,
consenting trust and restricted owners
Department of the Interior, 1849 C
under certain circumstances); and unify
Street, NW., Mail Stop 4141,
Washington, DC 20240, telephone (202) ownership and consolidate interests in
a tract through partition. The
273–4680.

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SUPPLEMENTARY INFORMATION:

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amendments allow both tribes and
individual Indians to obtain highly
fractionated interests through a new
mechanism, created by AIPRA:
consolidation by sale (called ‘‘partition
of highly fractionated lands’’ in AIPRA).
Additionally, the new AIPRA
mechanisms being incorporated in
probate regulations will offer
opportunities to reduce fractionation
through the distribution of probate
property.
• Improve service to beneficiaries:
Amendments to the Land Titles and
Records Office (LTRO) regulations will
update and standardize LTRO title
practices and recordation to ensure the
Secretary is able to accurately track and
record accounting of trust and restricted
interest owners, allowing the Secretary
to better serve the beneficiaries.
Amendments to the probate process are
aimed at facilitating the process to
reduce the probate backlog and better
serve beneficiaries. By clarifying the
requirements and processes for probate,
approval of tribal probate codes,
obtaining LTRO services and products,
and conveying trust and restricted
property, the Department of the Interior
improves communication and
transparency, allowing better service to
beneficiaries.
Authority: Regulatory amendments to
these parts are proposed under the general
authority of the American Indian Trust Fund
Management Reform Act of 1994, 25 U.S.C.
4021 et seq., and the Indian Land
Consolidation Act of 2000, as amended by
the American Indian Probate Reform Act of
2004, 25 U.S.C. 2201 et seq.
Dated: October 13, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. E6–18396 Filed 10–31–06; 8:45 am]
BILLING CODE 4310–W7–P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0564, FRL–8236–9]

Approval and Promulgation of Air
Quality Implementation Plans; Utah;
Revisions to the Utah Administrative
Code; Proposed Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:

SUMMARY: EPA is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of Utah
on February 7, 2006. These changes to
the Utah Administrative Code revise

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