82_FR_14491 82 FR 14438 - 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

82 FR 14438 - 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 53 (March 21, 2017)

Page Range14438-14439
FR Document2017-05518

This document announces the further extension of the effective date of the following regulations until May 20, 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 53 (Tuesday, March 21, 2017) 
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14438-14439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05518]


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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.

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SUMMARY: This document announces the further extension of the effective 
date of the following regulations until May 20, 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: As of March 21, 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, delayed until March 21, 2017 on February 13, 
2017 at 82 FR 10441, is further delayed to May 20, 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 May 20, 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 delayed the effective date of both regulations to March 21, 2017 
on February 13, 2017 at 82 FR 10441. After conducting a preliminary 
review, the Department is delaying the effective dates of the 
regulations for an additional 60 days as listed below:

----------------------------------------------------------------------------------------------------------------
        RIN                Title        Agency contact     Original effective date      Delayed effective date
----------------------------------------------------------------------------------------------------------------
2125-AF53..........  Assessing         Francine Shaw     February 17, 2017..........  May 20, 2017.
                      Pavement          Whitson, Office
                      Condition for     of
                      the National      Infrastructure,
                      Highway           202-366-8028.
                      Performance
                      Program and
                      Bridge
                      Condition for
                      the National
                      Highway
                      Performance
                      Program.
2125-AF54..........  Assessing         Francine Shaw     February 17, 2017..........  May 20, 2017.
                      Performance of    Whitson, Office
                      the National      of
                      Highway System,   Infrastructure,
                      Freight           202-366-8028.
                      Movement on the
                      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 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.

[[Page 14439]]

List of Subjects in 23 CFR Part 490

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

    Issued on: March 15, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. 2017-05518 Filed 3-20-17; 8:45 am]
BILLING CODE 4910-22-P

14438 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations PART 234—AIRLINE SERVICE SUMMARY: This document announces the Electronic Access and Filing QUALITY PERFORMANCE REPORTS further extension of the effective date of A copy of the Notice of Proposed the following regulations until May 20, Rulemakings (NPRMs), all comments ■ 1. The authority citation for part 234 2017: National Performance continues to read as follows: received, the Final Rules, and all Management Measures; Assessing background material may be viewed Authority: 49 U.S.C. 329, 41101, and Pavement Condition for the National online at http://www.regulations.gov 41701. Highway Performance program and using the docket numbers listed above. Bridge Condition for the National A copy of this notice will be placed on § 234.6 [Amended] Highway Performance Program, RIN each docket. Electronic retrieval help ■ 2. In § 234.6, in paragraphs (a) and (b) 2125–AF53; and National Performance introductory text, remove the date and guidelines are available on the Web Management measures; Assessing site. It is available 24 hours each day, ‘‘January 1, 2018’’ and add in its place Performance of the National Highway ‘‘January 1, 2019’’. 365 days each year. An electronic copy System, Freight Movement on the of this document may also be [FR Doc. 2017–04582 Filed 3–20–17; 8:45 am] Interstate System, and Congestion downloaded from the Office of the BILLING CODE 4910–9X–P Mitigation and Air Quality Federal Register’s Web site at http:// Improvement Program, RIN 2125–AF54. www.ofr.gov and the Government DATES: As of March 21, 2017, the Publishing Office’s Web site at http:// DEPARTMENT OF TRANSPORTATION effective date of the final rules www.gpo.gov. Federal Highway Administration published on January 18, 2017, at 82 FR Background 5886 and January 18, 2017, at 82 FR 23 CFR Part 490 5970, respectively, delayed until March On January 20, 2017, the Assistant to 21, 2017 on February 13, 2017 at 82 FR the President and Chief of Staff issued [Docket No. FHWA–2013–0053; FHWA– a memorandum entitled, ‘‘Regulatory 2013–0054] 10441, is further delayed to May 20, 2017. Freeze Pending Review.’’ This RIN 2125–AF53; 2125–AF54 memorandum directed heads of The incorporation by reference of executive departments and agencies to National Performance Management certain publications listed in the final take certain steps to ensure that the Measures; Assessing Pavement rule published on January 18, 2017, at President’s appointees and designees Condition for the National Highway 82 FR 5886 is approved by the Director have the opportunity to review new and Performance Program and Bridge of the Federal Register as of May 20, pending regulations. It instructed Condition for the National Highway 2017. agencies to temporarily postpone the Performance Program; National effective dates of regulations that had FOR FURTHER INFORMATION CONTACT: Performance Management Measures; been published in the Federal Register Assessing Performance of the National Christopher Richardson, Assistant Chief but were not yet effective until 60 days Highway System, Freight Movement on Counsel for Legislation, Regulations, after the date of the memorandum the Interstate System, and Congestion and General Law, Office of Chief (January 20, 2017). In accordance with Mitigation and Air Quality Improvement Counsel, Federal Highway that directive, the FHWA delayed the Program Administration, 1200 New Jersey effective date of both regulations to Avenue SE., Washington, DC 20590. AGENCY: Federal Highway March 21, 2017 on February 13, 2017 at Telephone: (202) 366–0761. Office Administration (FHWA), Department of 82 FR 10441. After conducting a hours are from 8:00 a.m. to 4:30 p.m. Transportation (DOT). preliminary review, the Department is e.t., Monday through Friday, except delaying the effective dates of the ACTION: Final regulations; delay of Federal holidays. regulations for an additional 60 days as effective dates. SUPPLEMENTARY INFORMATION: listed below: RIN Title Agency contact Original effective date Delayed effective date 2125–AF53 .... Assessing Pavement Condition for Francine Shaw Whitson, Office of In- February 17, 2017 ..... May 20, 2017. the National Highway Performance frastructure, 202–366–8028. Program and Bridge Condition for the National Highway Performance Program. 2125–AF54 .... Assessing Performance of the Na- Francine Shaw Whitson, Office of In- February 17, 2017 ..... May 20, 2017. tional Highway System, Freight frastructure, 202–366–8028. Movement on the Interstate Sys- tem, and Congestion Mitigation and Air Quality Improvement Program. Waiver of Rulemaking and Delayed agency is not required to conduct President’s appointees and designees Effective Date notice-and-comment rulemaking or need to delay the effective dates of these delay effective dates when the agency, regulations to have adequate time to pmangrum on DSK4SPTVN1PROD with RULES Under the Administrative Procedure for good cause, finds that the review new or pending regulations, and Act (APA) (5 U.S.C. 553), FHWA requirement is impracticable, neither the notice and comment process generally offers interested parties the unnecessary, or contrary to the public nor delayed effective date could be opportunity to comment on proposed interest (5 U.S.C. 553(b)(B) and (d)(3)). implemented in time to allow for this regulations and publishes rules not less There is good cause to waive both of review. than 30 days before their effective dates. these requirements here as the However, the APA provides that an VerDate Sep<11>2014 16:26 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1

Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14439 List of Subjects in 23 CFR Part 490 FOR FURTHER INFORMATION CONTACT: 2064; 2067), citing concerns with the Bridges, Highway safety, Highways Frank Meilinger, Director, Office of rule’s coverage of abrasive blasting and roads, Incorporation by reference, Communications, Room N–3647, OSHA, operations under the construction and Reporting and recordkeeping U.S. Department of Labor, 200 shipyard standards. OSHA also received requirements. Constitution Avenue NW., Washington, approximately 2,500 comments with DC 20210; telephone (202) 693–1999; nearly identical messages, urging the Issued on: March 15, 2017. email meilinger.francis2@dol.gov. Agency to adopt the proposal and delay Walter C. Waidelich, Jr., the effective date, particularly for the SUPPLEMENTARY INFORMATION: OSHA Acting Deputy Administrator, Federal promulgated the Beryllium Final Rule construction and shipyards standards. Highway Administration. (See, e.g., Document ID 2072.) Several on January 9, 2017 with an effective [FR Doc. 2017–05518 Filed 3–20–17; 8:45 am] date of March 10, 2017 (82 FR 2470). On commenters opposed the proposal and BILLING CODE 4910–22–P February 1, 2017, OSHA delayed the argued in favor of keeping the effective effective date of the rule to March 21, date of March 21, 2017, stating that the 2017 (82 FR 8901). OSHA promulgated Beryllium Final Rule was long overdue, DEPARTMENT OF LABOR the extension consistent with the based on sound science, and that all memorandum of January 20, 2017, from interested parties had the opportunity to Occupational Safety and Health the Assistant to the President and Chief participate in the rulemaking. (See, e.g., Administration of Staff, entitled ‘‘Regulatory Freeze Document ID 2053; 2054; 2059; 2061; Pending Review’’ (82 FR 8346; January 2062.) 29 CFR Parts 1910, 1915, and 1926 24, 2017) (‘‘Memorandum’’), which After carefully reviewing these [Docket No. OSHA–H005C–2006–0870] contemplated temporarily postponing comments, OSHA believes commenters for 60 days the effective dates of all have raised substantive concerns, RIN 1218–AB76 including about the Beryllium Final regulations that had been published in the Federal Register but had not yet Rule’s treatment of the construction and Occupational Exposure to Beryllium; shipyard industries, as suggested by Further Delay of Effective Date taken effect, absent certain inapplicable exceptions. Congressman Byrne. Thus, OSHA has AGENCY: Occupational Safety and Health In addition, the Memorandum decided to adopt the proposal and delay Administration, Department of Labor. directed agencies to consider further the effective date by an additional 60 ACTION: Final rule; further delay of delaying the effective date for days to May 20, 2017 to further evaluate effective date. regulations beyond that 60-day period. the Beryllium Final Rule in light of After further review, OSHA those substantive concerns. The Agency SUMMARY: On January 9, 2017, the preliminarily determined that it was has determined that 60 days will Occupational Safety and Health appropriate to further delay the effective provide adequate time to review the rule Administration (OSHA) published a date of the Beryllium Final Rule, for the and consider the issues raised without rule entitled ‘‘Occupational Exposure to purpose of further reviewing questions hindering protections of workers Beryllium’’ with an effective date of of fact, law, and policy raised therein. affected by the rule because the delay of March 10, 2017 (‘‘Beryllium Final Therefore, consistent with the the effective date does not alter the Rule’’). OSHA subsequently delayed the Memorandum, OSHA proposed to Beryllium Final Rule’s compliance effective date of the Beryllium Final further delay the effective date of the dates. Rule to March 21, 2017 (February 1, Beryllium Final Rule to May 20, 2017 Signed at Washington, DC, on March 16, 2017) and proposed to further delay the (82 FR 12318; March 2, 2017). 2017. effective date to May 20, 2017 (March 2, Finalization of the proposed delay of the Dorothy Dougherty, 2017). This action finalizes that effective date would not affect the Deputy Assistant Secretary of Labor for proposal. The additional time will allow compliance dates of the Beryllium Final Occupational Safety and Health. OSHA the opportunity for further Rule. [FR Doc. 2017–05569 Filed 3–17–17; 8:45 am] review of the new Beryllium Final Rule, OSHA received twenty-five unique BILLING CODE 4510–26–P including review of concerns that comments on its proposal to extend the commenters raised, and is consistent effective date by 60 days to May 20, with the memorandum of January 20, 2017. Several commenters supported 2017, from the Assistant to the President DEPARTMENT OF HOMELAND the proposal. (e.g., Document ID 2048; SECURITY and Chief of Staff, entitled ‘‘Regulatory 2049; 2050; 2051.) Many of these Freeze Pending Review.’’ commenters indicated that they Coast Guard DATES: As of March 21, 2017, the supported the delay considering the effective date of the final rule amending ongoing transition to a new 33 CFR Part 165 29 CFR parts 1910, 1915, and 1926 that administration. (See Document ID 2058; published in the Federal Register of [Docket Number USCG–2017–0021] 2052.) Some commenters supported the January 9, 2017 at 82 FR 2470, delayed proposed extension and requested that RIN 1625–AA–08 at 82 FR 8901 on February 1, 2017, is OSHA further review the impact of the further delayed to May 20, 2017. standards on entities which would be Safety Zone; Cooper River Bridge Run, ADDRESSES: In accordance with 28 affected by changes from the proposed Cooper River and Town Creek U.S.C. 2112(a), the Agency designates beryllium rule. (Document ID 2051; Reaches, Charleston, SC pmangrum on DSK4SPTVN1PROD with RULES Ann Rosenthal, Associate Solicitor of 2055; 2068.) Congressman Byrne, AGENCY: Coast Guard, DHS. Labor for Occupational Safety and Chairman of the Subcommittee on ACTION: Temporary final rule. Health, Office of the Solicitor of Labor, Workforce Protections, among others, Room S–4004, U.S. Department of urged OSHA to delay the effective date SUMMARY: The Coast Guard is Labor, 200 Constitution Avenue NW., beyond the proposed 60 days or even establishing a safety zone on the waters Washington, DC 20210, to receive indefinitely and re-propose the of the Cooper River and Town Creek petitions for review of this action. Beryllium Final Rule (Document ID Reaches in Charleston, South Carolina VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1


Document Created: 2017-03-21 01:09:40
Document Modified: 2017-03-21 01:09:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal regulations; delay of effective dates.
DatesAs of March 21, 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, delayed until March 21, 2017 on February 13, 2017 at 82 FR 10441, is further delayed to May 20, 2017.
ContactChristopher 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 Citation82 FR 14438 
RIN Number2125-AF53 and 2125-AF54
CFR AssociatedBridges; Highway Safety; Highways and Roads; Incorporation by Reference and Reporting and Recordkeeping Requirements
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