82 FR 10441 - National Performance Management Measures; Assessing Pavement Condition for the National Highway Performance Program and Bridge Condition for the National Highway Performance Program; National Performance Management Measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 28 (February 13, 2017)

Page Range		10441-10442
FR Document		2017-02860

In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017, the Department delays the effective dates of the following regulations until March 21, 2017: National Performance Management Measures; Assessing Pavement Condition for the National Highway Performance program and Bridge Condition for the National Highway Performance Program, RIN 2125-AF53; and National Performance Management measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program, RIN 2125-AF54.

Federal Register, Volume 82 Issue 28 (Monday, February 13, 2017)

[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Rules and Regulations]
[Pages 10441-10442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02860]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / 
Rules and Regulations

[[Page 10441]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 490

[Docket No. FHWA-2013-0053; FHWA-2013-0054]
RIN 2125-AF53; 2125-AF54


National Performance Management Measures; Assessing Pavement 
Condition for the National Highway Performance Program and Bridge 
Condition for the National Highway Performance Program; National 
Performance Management Measures; Assessing Performance of the National 
Highway System, Freight Movement on the Interstate System, and 
Congestion Mitigation and Air Quality Improvement Program

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Final regulations; delay of effective dates.

-----------------------------------------------------------------------

SUMMARY: In accordance with the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review,'' published in the Federal Register 
on January 24, 2017, the Department delays the effective dates of the 
following regulations until March 21, 2017: National Performance 
Management Measures; Assessing Pavement Condition for the National 
Highway Performance program and Bridge Condition for the National 
Highway Performance Program, RIN 2125-AF53; and National Performance 
Management measures; Assessing Performance of the National Highway 
System, Freight Movement on the Interstate System, and Congestion 
Mitigation and Air Quality Improvement Program, RIN 2125-AF54.

DATES: Effective February 13, 2017, the effective date of the final 
rules published on January 18, 2017, at 82 FR 5886 and January 18, 
2017, at 82 FR 5970, respectively, is delayed to March 21, 2017.
    The incorporation by reference of certain publications listed in 
the final rule published on January 18, 2017, at 82 FR 5886 is approved 
by the Director of the Federal Register as of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Christopher Richardson, Assistant 
Chief Counsel for Legislation, Regulations, and General Law, Office of 
Chief Counsel, Federal Highway Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590. Telephone: (202) 366-0761. Office hours are 
from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    A copy of the Notice of Proposed Rulemakings (NPRMs), all comments 
received, the Final Rules, and all background material may be viewed 
online at http://www.regulations.gov using the docket numbers listed 
above. A copy of this notice will be placed on each docket. Electronic 
retrieval help and guidelines are available on the Web site. It is 
available 24 hours each day, 365 days each year. An electronic copy of 
this document may also be downloaded from the Office of the Federal 
Register's Web site at http://www.ofr.gov and the Government Publishing 
Office's Web site at http://www.thefederalregister.org.

Background

    On January 20, 2017, the Assistant to the President and Chief of 
Staff issued a memorandum entitled, ``Regulatory Freeze Pending 
Review.'' This memorandum directed heads of executive departments and 
agencies to take certain steps to ensure that the President's 
appointees and designees have the opportunity to review new and pending 
regulations. It instructed agencies to temporarily postpone the 
effective dates of regulations that had been published in the Federal 
Register but were not yet effective until 60 days after the date of the 
memorandum (January 20, 2017). In accordance with that directive, the 
FHWA is delaying the effective dates of the regulations listed below as 
follows:

----------------------------------------------------------------------------------------------------------------
        RIN                  Title          Agency contact   Original effective date     Delayed effective date
----------------------------------------------------------------------------------------------------------------
2125-AF53..........  Assessing Pavement    Francine Shaw    February 17, 2017........  March 21, 2017.
                      Condition for the     Whitson,
                      National Highway      Office of
                      Performance Program   Infrastructure
                      and Bridge            , 202-366-8028.
                      Condition for the
                      National Highway
                      Performance Program.
2125-AF54..........  Assessing             Francine Shaw    February 17, 2017........  March 21, 2017.
                      Performance of the    Whitson,
                      National Highway      Office of
                      System, Freight       Infrastructure
                      Movement on the       , 202-366-8028.
                      Interstate System,
                      and Congestion
                      Mitigation and Air
                      Quality Improvement
                      Program.
----------------------------------------------------------------------------------------------------------------

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), FHWA 
generally offers interested parties the opportunity to comment on 
proposed regulations and publishes rules not less than 30 days before 
their effective dates. However, the APA provides that an agency is not 
required to conduct notice-and-comment rulemaking or delay effective 
dates when the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive both of 
these requirements here as the President's appointees and designees 
need to delay the effective dates of these

[[Page 10442]]

regulations to have adequate time to review new or pending regulations, 
and neither the notice and comment process nor delayed effective date 
could be implemented in time to allow for this review.

List of Subjects in 23 CFR Part 490

    Bridges, Highway safety, Highways and roads, Incorporation by 
reference, Reporting and recordkeeping requirements.

    Issued on: February 7, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. 2017-02860 Filed 2-10-17; 8:45 am]
 BILLING CODE 4910-22-P

10441

Rules and Regulations Federal Register
Vol. 82, No. 28

Monday, February 13, 2017

This section of the FEDERAL REGISTER the Assistant to the President and Chief SUPPLEMENTARY INFORMATION:
contains regulatory documents having general of Staff, entitled ‘‘Regulatory Freeze
applicability and legal effect, most of which Pending Review,’’ published in the Electronic Access and Filing
are keyed to and codified in the Code of Federal Register on January 24, 2017,
Federal Regulations, which is published under A copy of the Notice of Proposed
the Department delays the effective Rulemakings (NPRMs), all comments
50 titles pursuant to 44 U.S.C. 1510.
dates of the following regulations until received, the Final Rules, and all
The Code of Federal Regulations is sold by March 21, 2017: National Performance background material may be viewed
the Superintendent of Documents. Prices of Management Measures; Assessing online at http://www.regulations.gov
new books are listed in the first FEDERAL Pavement Condition for the National using the docket numbers listed above.
REGISTER issue of each week. Highway Performance program and A copy of this notice will be placed on
Bridge Condition for the National
each docket. Electronic retrieval help
Highway Performance Program, RIN
DEPARTMENT OF TRANSPORTATION and guidelines are available on the Web
2125–AF53; and National Performance
site. It is available 24 hours each day,
Management measures; Assessing
Federal Highway Administration 365 days each year. An electronic copy
Performance of the National Highway
System, Freight Movement on the of this document may also be
23 CFR Part 490 Interstate System, and Congestion downloaded from the Office of the
Mitigation and Air Quality Federal Register’s Web site at http://
[Docket No. FHWA–2013–0053; FHWA– www.ofr.gov and the Government
2013–0054] Improvement Program, RIN 2125–AF54.
Publishing Office’s Web site at http://
DATES: Effective February 13, 2017, the
RIN 2125–AF53; 2125–AF54 www.gpo.gov.
effective date of the final rules
National Performance Management published on January 18, 2017, at 82 FR Background
Measures; Assessing Pavement 5886 and January 18, 2017, at 82 FR
5970, respectively, is delayed to March On January 20, 2017, the Assistant to
Condition for the National Highway
21, 2017. the President and Chief of Staff issued
Performance Program and Bridge
The incorporation by reference of a memorandum entitled, ‘‘Regulatory
Condition for the National Highway
certain publications listed in the final Freeze Pending Review.’’ This
Performance Program; National
rule published on January 18, 2017, at memorandum directed heads of
Performance Management Measures;
82 FR 5886 is approved by the Director executive departments and agencies to
Assessing Performance of the National
of the Federal Register as of March 21, take certain steps to ensure that the
Highway System, Freight Movement on
2017. President’s appointees and designees
the Interstate System, and Congestion
FOR FURTHER INFORMATION CONTACT: have the opportunity to review new and
Mitigation and Air Quality Improvement
Christopher Richardson, Assistant Chief pending regulations. It instructed
Program
Counsel for Legislation, Regulations, agencies to temporarily postpone the
AGENCY: Federal Highway and General Law, Office of Chief effective dates of regulations that had
Administration (FHWA), Department of Counsel, Federal Highway been published in the Federal Register
Transportation (DOT). Administration, 1200 New Jersey but were not yet effective until 60 days
ACTION: Final regulations; delay of Avenue SE., Washington, DC 20590. after the date of the memorandum
effective dates. Telephone: (202) 366–0761. Office (January 20, 2017). In accordance with
hours are from 8:00 a.m. to 4:30 p.m. that directive, the FHWA is delaying the
SUMMARY:In accordance with the e.t., Monday through Friday, except effective dates of the regulations listed
memorandum of January 20, 2017, from Federal holidays. below as follows:

Original effective Delayed effective
RIN Title Agency contact date date

2125–AF53 ..... Assessing Pavement Condition for the National Francine Shaw Whitson, February 17, 2017 ... March 21, 2017.
Highway Performance Program and Bridge Con- Office of Infrastructure,
dition for the National Highway Performance Pro- 202–366–8028.
gram.
2125–AF54 ..... Assessing Performance of the National Highway Francine Shaw Whitson, February 17, 2017 ... March 21, 2017.
System, Freight Movement on the Interstate Sys- Office of Infrastructure,
tem, and Congestion Mitigation and Air Quality 202–366–8028.
Improvement Program.
jstallworth on DSK7TPTVN1PROD with RULES

Waiver of Rulemaking and Delayed regulations and publishes rules not less requirement is impracticable,
Effective Date than 30 days before their effective dates. unnecessary, or contrary to the public
However, the APA provides that an interest (5 U.S.C. 553(b)(B) and (d)(3)).
Under the Administrative Procedure agency is not required to conduct There is good cause to waive both of
Act (APA) (5 U.S.C. 553), FHWA notice-and-comment rulemaking or these requirements here as the
generally offers interested parties the delay effective dates when the agency, President’s appointees and designees
opportunity to comment on proposed for good cause, finds that the need to delay the effective dates of these

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10442 Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Rules and Regulations

regulations to have adequate time to memorandum instructing Federal annual amendments to the Federal
review new or pending regulations, and agencies to temporarily postpone the Poverty Guidelines issued by the
neither the notice and comment process effective date for 60 days after January Department of Health and Human
nor delayed effective date could be 20, 2017, of any regulations that have Services (HHS).
implemented in time to allow for this published in the Federal Register but
not yet taken effect, for the purpose of DATES: Effective February 13, 2017.
review.
‘‘reviewing questions of fact, law, and FOR FURTHER INFORMATION CONTACT:
List of Subjects in 23 CFR Part 490 policy they raise.’’ We are, therefore, Stefanie K. Davis, Assistant General
Bridges, Highway safety, Highways delaying the effective date of our rule Counsel, Legal Services Corporation,
and roads, Incorporation by reference, published on January 12, 2017, at 82 FR 3333 K St. NW., Washington, DC 20007;
Reporting and recordkeeping 3626 (see DATES, above) to allow (202) 295–1563; sdavis@lsc.gov.
requirements. sufficient time for review of the rule
relative to national wildlife management SUPPLEMENTARY INFORMATION: Section
Issued on: February 7, 2017. 1007(a)(2) of the Legal Services
Walter C. Waidelich, Jr.,
policy.
To the extent that 5 U.S.C. 553 applies Corporation Act (Act), 42 U.S.C.
Acting Deputy Administrator, Federal to this action, it is exempt from notice 2996f(a)(2), requires the Corporation to
Highway Administration. establish maximum income levels for
and comment because it constitutes a
[FR Doc. 2017–02860 Filed 2–10–17; 8:45 am] individuals eligible for legal assistance.
rule of procedure under 5 U.S.C.
BILLING CODE 4910–22–P 553(b)(A). Alternatively, our Section 1611.3(c) of the Corporation’s
implementation of this action without regulations establishes a maximum
opportunity for public comment, income level equivalent to 125% of the
DEPARTMENT OF THE INTERIOR effective immediately upon publication Federal Poverty Guidelines
in the Federal Register, is based on the (Guidelines), which HHS is responsible
National Park Service good cause exceptions in 5 U.S.C. for updating and issuing. 45 CFR
553(b)(B) and 553(d)(3). Pursuant to 5 1611.3(c).
36 CFR Part 13 U.S.C. 553(b)(B), we have determined Each year, LSC publishes an update to
[NPS–AKRO–22869; PPAKAKROZ5, that good cause exists to forego the Appendix A of 45 CFR part 1611 to
PPMPRLE1Y.L00000] requirement to provide prior notice and provide client income eligibility
an opportunity for public comment standards based on the most recent
RIN 1024–AE28
thereon for this rule as such procedures Guidelines. The figures for 2017, set out
Alaska; Subsistence Collections would be impracticable, unnecessary below, are equivalent to 125% of the
and contrary to the public interest. We Guidelines published by HHS on
AGENCY: National Park Service, Interior. are temporarily postponing for 60 days January 31, 2017, 82 FR 8832.
ACTION: Final rule; delay of effective the effective date of this regulation
In addition, LSC is publishing a chart
date. pursuant to the previously-noted
listing income levels that are 200% of
memorandum of the Chief of Staff. As
SUMMARY: In accordance with a January the Guidelines. This chart is for
a result, seeking public comment on this
20, 2017, memorandum of the Chief of reference purposes only as an aid to
delay is unnecessary and contrary to the
Staff for the White House, we, the recipients in assessing the financial
public interest. For these same reasons
National Park Service, are delaying the eligibility of an applicant whose income
we find good cause to waive the 30-day
effective date of a rule we published on is greater than 125% of the applicable
delay in effective date provided for in 5
January 12, 2017. Guidelines amount, but less than 200%
U.S.C. 553(d).
of the applicable Guidelines amount
DATES: The effective date of the rule that Authority: 16 U.S.C. 3124; 54 U.S.C. (and who may be found to be financially
published on January 12, 2017, at 82 FR 100101, 100751, 320102; Sec. 13.1204 also eligible under duly adopted exceptions
3626, is delayed from February 13, issued under Sec. 1035, Public Law 104–333,
to the annual income ceiling in
2017, to March 21, 2017. 110 Stat. 4240.
accordance with 45 CFR 1611.3, 1611.4,
FOR FURTHER INFORMATION CONTACT: Maureen D. Foster, and 1611.5).
Andee Sears, Regional Law Enforcement Acting Assistant Secretary for Fish and Except where there are minor
Specialist, Alaska Regional Office, 240 Wildlife and Parks. variances due to rounding, the amount
West 5th Ave., Anchorage, AK 99501. [FR Doc. 2017–02890 Filed 2–10–17; 8:45 am] by which the guideline increases for
Phone (907) 644–3410. Email: AKR_ BILLING CODE 4312–52–P each additional member of the
Regulations@nps.gov.
household is a consistent amount.
SUPPLEMENTARY INFORMATION: On
January 12, 2017, we published a rule to LEGAL SERVICES CORPORATION List of Subjects in 45 CFR Part 1611
amend regulations for National Park
45 CFR Part 1611 Grant Programs—Law, Legal services.
System units in Alaska to allow
qualified subsistence users to collect For reasons set forth in the preamble,
nonedible fish and wildlife parts and Income Level for Individuals Eligible the Legal Services Corporation amends
plants for creating handicrafts for barter for Assistance 45 CFR part 1611 as follows:
and customary trade. The rule also AGENCY: Legal Services Corporation.
clarifies that capturing, collecting or PART 1611—ELIGIBILITY
ACTION: Final rule.
jstallworth on DSK7TPTVN1PROD with RULES

possessing living wildlife is generally
prohibited and adopts restrictions on SUMMARY: The Legal Services ■ 1. The authority citation for part 1611
using human-produced foods to bait Corporation (LSC or the Corporation) is is revised to read as follows:
bears for subsistence uses. The rule was required by law to establish maximum Authority: 42 U.S.C. 2996g(e).
to be effective on February 13, 2017. income levels for individuals eligible for
On January 20, 2017, the Chief of Staff legal assistance. This document updates ■ 2. Revise appendix A to part 1611 to
for the White House issued a the specified income levels to reflect the read as follows:

VerDate Sep<11>2014 13:37 Feb 10, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\13FER1.SGM 13FER1

Document Created: 2017-02-11 00:58:56
Document Modified: 2017-02-11 00:58:56

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		Final regulations; delay of effective dates.
Dates		Effective February 13, 2017, the effective date of the final rules published on January 18, 2017, at 82 FR 5886 and January 18, 2017, at 82 FR 5970, respectively, is delayed to March 21, 2017.
Contact		Christopher Richardson, Assistant Chief Counsel for Legislation, Regulations, and General Law, Office of Chief Counsel, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-0761. Office hours are from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal holidays.
FR Citation		82 FR 10441
RIN Number		2125-AF53 and 2125-AF54
CFR Associated		Bridges; Highway Safety; Highways and Roads; Incorporation by Reference and Reporting and Recordkeeping Requirements

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 28 (February 13, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration