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)

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, 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.
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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]
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