82 FR 22879 - 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 96 (May 19, 2017)
Federal Highway Administration
Federal Register Volume 82, Issue 96 (May 19, 2017)
| Page Range | 22879-22880 | |
| FR Document | 2017-10092 |
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)] [Rules and Regulations] [Pages 22879-22880] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10092] ======================================================================== 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. ======================================================================== Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations [[Page 22879]] DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 490 [Docket No. FHWA-2013-0054] RIN 2125-AF54 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 regulation; delay of effective date. ----------------------------------------------------------------------- SUMMARY: This document announces the indefinite delay of specific portions of the 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 Final Rule (PM#3) (RIN 2125-AF54) and announces the initiation of additional regulatory proceedings for those portions. DATES: Effective May 19, 2017, the effective date of the amendments to 49 CFR 490.105(c)(5) and (d)(1)(v), 490.107(b)(1)(ii)(H), (b)(2)(ii)(J), (b)(3)(ii)(I), and (c)(4), 490.109(d)(1)(v) and (f)(1)(v), 490.503(a)(2), 490.505 (Definition of Greenhouse gas (GHG)), 490.507(b), 490.509(f), (g) and (h), 490.511(a)(2), (c), (d), and (f), and 490.513(d) published on January 18, 2017, at 82 FR 5970 is delayed indefinitely. FHWA will publish a document in the Federal Register announcing the new effective date. The remainder of the provisions of the Final Rule published on January 18, 2017, at 82 FR 5970, and not otherwise specified in this document, will take effect on 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 Rulemaking (NPRM), all comments received, the Final Rule, and all background material may be viewed online at http://www.regulations.gov using the docket numbers listed above. A copy of this document will be placed on the 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, FHWA announced on February 13, 2017, at 82 FR 10441 that it would delay the effective date of the PM#3 Final Rule to March 21, 2017. On March 21, 2017, at 82 FR 14438, FHWA further delayed the effective date to May 20, 2017. This document confirms that the majority of the PM#3 Final Rule will become effective on May 20, 2017. After further consideration, FHWA has also determined that the portions of the PM#3 Final Rule pertaining to the measure on the percent change in CO2 emissions from the reference year 2017, generated by on-road mobile sources on the National Highway System (the GHG measure) would benefit from further notice and comment procedures under the Administrative Procedure Act (APA). As such, this document delays the effective date for these provisions and announces that FHWA will be publishing an NPRM in the Federal Register in the coming weeks pertaining to the GHG measure. The effective date is delayed until such rulemaking on the GHG measure is completed. Specifically, FHWA is delaying the effective date indefinitely for the following sections of the Final Rule: 1. 23 CFR 490.105(c)(5) 2. 23 CFR 490.105(d)(1)(v) 3. 23 CFR 490.107(b)(1)(ii)(H) 4. 23 CFR 490.107(b)(2)(ii)(J) 5. 23 CFR 490.107(b)(3)(ii)(I) 6. 23 CFR 490.107(c)(4) 7. 23 CFR 490.109(d)(1)(v) 8. 23 CFR 490.109(f)(1)(v) 9. 23 CFR 490.503(a)(2) 10. 23 CFR 490.505 (Definition of Greenhouse gas (GHG)) 11. 23 CFR 490.507(b) 12. 23 CFR 490.509(f) 13. 23 CFR 490.509(g) 14. 23 CFR 490.509(h) 15. 23 CFR 490.511(a)(2) 16. 23 CFR 490.511(c) 17. 23 CFR 490.511(d) 18. 23 CFR 490.511(f) 19. 23 CFR 490.513(d). Waiver of Rulemaking and Delayed Effective Date Under section 5 U.S.C. 553(b) of the APA, FHWA generally offers interested parties the opportunity to comment on proposed regulations. Under section 553(d) of the APA, FHWA ordinarily 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 provide a delay in effective date for the provisions of a rule 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)). Good cause exists to suspend the effective date of the GHG measure without notice and comment. Given the imminence of the effective date of the PM#3 Final Rule, seeking prior public [[Page 22880]] comment on this delay of the GHG measure would be impractical, as well as contrary to the public interest in the orderly promulgation and implementation of regulations. The President's appointees and designees need to further delay the effective date of the sections of the PM#3 Final Rule pertaining to the GHG measure to have adequate time to review them, and neither the notice and comment process nor a 30 day delay in effective date could be implemented in time to allow for this review. Additionally, the public will have the opportunity to provide additional comments on the GHG measure in the near future. List of Subjects in 23 CFR Part 490 Bridges, Highway safety, Highways and roads, Incorporation by reference, Reporting and recordkeeping requirements. Issued on: May 15, 2017. Walter C. Waidelich, Jr., Acting Deputy Administrator, Federal Highway Administration. [FR Doc. 2017-10092 Filed 5-18-17; 8:45 am] BILLING CODE 4910-22-P
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Rules and Regulations Federal Register
Vol. 82, No. 96
Friday, May 19, 2017
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: measure on the percent change in CO2
contains regulatory documents having general Christopher Richardson, Assistant Chief emissions from the reference year 2017,
applicability and legal effect, most of which Counsel for Legislation, Regulations, generated by on-road mobile sources on
are keyed to and codified in the Code of and General Law, Office of Chief the National Highway System (the GHG
Federal Regulations, which is published under Counsel, Federal Highway measure) would benefit from further
50 titles pursuant to 44 U.S.C. 1510.
Administration, 1200 New Jersey notice and comment procedures under
The Code of Federal Regulations is sold by Avenue SE., Washington, DC 20590. the Administrative Procedure Act
the Superintendent of Documents. Telephone: (202) 366–0761. Office (APA). As such, this document delays
hours are from 8:00 a.m. to 4:30 p.m. the effective date for these provisions
e.t., Monday through Friday, except and announces that FHWA will be
DEPARTMENT OF TRANSPORTATION Federal holidays. publishing an NPRM in the Federal
SUPPLEMENTARY INFORMATION: Register in the coming weeks pertaining
Federal Highway Administration to the GHG measure. The effective date
Electronic Access and Filing is delayed until such rulemaking on the
23 CFR Part 490 GHG measure is completed.
A copy of the Notice of Proposed
[Docket No. FHWA–2013–0054] Rulemaking (NPRM), all comments Specifically, FHWA is delaying the
received, the Final Rule, and all effective date indefinitely for the
RIN 2125–AF54
background material may be viewed following sections of the Final Rule:
National Performance Management online at http://www.regulations.gov 1. 23 CFR 490.105(c)(5)
Measures; Assessing Performance of using the docket numbers listed above. 2. 23 CFR 490.105(d)(1)(v)
the National Highway System, Freight A copy of this document will be placed 3. 23 CFR 490.107(b)(1)(ii)(H)
Movement on the Interstate System, on the docket. Electronic retrieval help 4. 23 CFR 490.107(b)(2)(ii)(J)
and Congestion Mitigation and Air and guidelines are available on the Web 5. 23 CFR 490.107(b)(3)(ii)(I)
Quality Improvement Program site. It is available 24 hours each day, 6. 23 CFR 490.107(c)(4)
365 days each year. An electronic copy 7. 23 CFR 490.109(d)(1)(v)
AGENCY: Federal Highway of this document may also be 8. 23 CFR 490.109(f)(1)(v)
Administration (FHWA), Department of downloaded from the Office of the 9. 23 CFR 490.503(a)(2)
Transportation (DOT). Federal Register’s Web site at http:// 10. 23 CFR 490.505 (Definition of
ACTION: Final regulation; delay of www.ofr.gov and the Government Greenhouse gas (GHG))
effective date. Publishing Office’s Web site at http:// 11. 23 CFR 490.507(b)
www.gpo.gov. 12. 23 CFR 490.509(f)
SUMMARY: This document announces the 13. 23 CFR 490.509(g)
indefinite delay of specific portions of Background
14. 23 CFR 490.509(h)
the National Performance Management On January 20, 2017, the Assistant to 15. 23 CFR 490.511(a)(2)
measures; Assessing Performance of the the President and Chief of Staff issued 16. 23 CFR 490.511(c)
National Highway System, Freight a memorandum entitled, ‘‘Regulatory 17. 23 CFR 490.511(d)
Movement on the Interstate System, and Freeze Pending Review.’’ This 18. 23 CFR 490.511(f)
Congestion Mitigation and Air Quality memorandum directed heads of 19. 23 CFR 490.513(d).
Improvement Program Final Rule executive departments and agencies to
(PM#3) (RIN 2125–AF54) and take certain steps to ensure that the Waiver of Rulemaking and Delayed
announces the initiation of additional President’s appointees and designees Effective Date
regulatory proceedings for those have the opportunity to review new and Under section 5 U.S.C. 553(b) of the
portions. pending regulations. It instructed APA, FHWA generally offers interested
DATES: Effective May 19, 2017, the agencies to temporarily postpone the parties the opportunity to comment on
effective date of the amendments to 49 effective dates of regulations that had proposed regulations. Under section
CFR 490.105(c)(5) and (d)(1)(v), been published in the Federal Register 553(d) of the APA, FHWA ordinarily
490.107(b)(1)(ii)(H), (b)(2)(ii)(J), but were not yet effective until 60 days publishes rules not less than 30 days
(b)(3)(ii)(I), and (c)(4), 490.109(d)(1)(v) after the date of the memorandum before their effective dates. However,
and (f)(1)(v), 490.503(a)(2), 490.505 (January 20, 2017). In accordance with the APA provides that an agency is not
(Definition of Greenhouse gas (GHG)), that directive, FHWA announced on required to conduct notice-and-
490.507(b), 490.509(f), (g) and (h), February 13, 2017, at 82 FR 10441 that comment rulemaking or provide a delay
490.511(a)(2), (c), (d), and (f), and it would delay the effective date of the in effective date for the provisions of a
490.513(d) published on January 18, PM#3 Final Rule to March 21, 2017. On rule when the agency, for good cause,
2017, at 82 FR 5970 is delayed March 21, 2017, at 82 FR 14438, FHWA finds that the requirement is
indefinitely. FHWA will publish a further delayed the effective date to May impracticable, unnecessary, or contrary
document in the Federal Register 20, 2017. to the public interest (5 U.S.C. 553(b)(B)
nlaroche on DSK30NT082PROD with RULES
announcing the new effective date. The This document confirms that the and (d)(3)).
remainder of the provisions of the Final majority of the PM#3 Final Rule will Good cause exists to suspend the
Rule published on January 18, 2017, at become effective on May 20, 2017. After effective date of the GHG measure
82 FR 5970, and not otherwise specified further consideration, FHWA has also without notice and comment. Given the
in this document, will take effect on determined that the portions of the imminence of the effective date of the
May 20, 2017. PM#3 Final Rule pertaining to the PM#3 Final Rule, seeking prior public
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![22880 Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Rules and Regulations
comment on this delay of the GHG available in the docket, go to http:// navigable waters of the Atlantic Ocean
measure would be impractical, as well www.regulations.gov, type USCG–2017– in the vicinity of Cocoa Beach, Florida
as contrary to the public interest in the 0131 in the ‘‘SEARCH’’ box and click during the Space Coast Super Boat
orderly promulgation and ‘‘SEARCH.’’ Click on Open Docket Grand Prix race event.
implementation of regulations. The Folder on the line associated with this IV. Discussion of the Rule
President’s appointees and designees rule.
need to further delay the effective date FOR FURTHER INFORMATION CONTACT: If
This rule establishes a safety zone on
of the sections of the PM#3 Final Rule you have questions about this rule, call certain navigable waters of the Atlantic
pertaining to the GHG measure to have or email Lieutenant Allan Storm, Sector Ocean in the vicinity of Cocoa Beach,
adequate time to review them, and Jacksonville, Waterways Management Florida during the Space Coast Super
neither the notice and comment process Division, U.S. Coast Guard; telephone Boat Grand Prix race event. The safety
nor a 30 day delay in effective date (904) 714–7616, email Allan.H.Storm@ zone will cover an offshore area
could be implemented in time to allow uscg.mil. approximately two and a half nautical
for this review. Additionally, the public miles long by one-half nautical mile
SUPPLEMENTARY INFORMATION: wide. The races are scheduled to take
will have the opportunity to provide
additional comments on the GHG I. Table of Abbreviations place from 10 a.m. to 5 p.m. on May 21,
measure in the near future. 2017. Approximately 30 high-speed race
COTP Captain of the Port boats are anticipated to participate in
List of Subjects in 23 CFR Part 490 CFR Code of Federal Regulations the races. No person or non-participant
DHS Department of Homeland Security
Bridges, Highway safety, Highways E.O. Executive order
vessel will be permitted to enter, transit
and roads, Incorporation by reference, FR Federal Register through, anchor in, or remain within the
Reporting and recordkeeping NPRM Notice of proposed rulemaking safety zone without obtaining
requirements. Pub. L. Public Law permission from the Captain of the Port
§ Section Jacksonville or a designated
Issued on: May 15, 2017. U.S.C. United States Code representative. If authorization to enter,
Walter C. Waidelich, Jr., transit through, anchor in, or remain
Acting Deputy Administrator, Federal II. Background Information and
within the safety zone is granted by the
Highway Administration. Regulatory History
Captain of the Port Jacksonville or a
[FR Doc. 2017–10092 Filed 5–18–17; 8:45 am] The Coast Guard is issuing this designated representative, all persons
BILLING CODE 4910–22–P temporary rule without prior notice and and vessels receiving such authorization
opportunity to comment pursuant to must comply with the instructions of
authority under section 4(a) of the the Captain of the Port Jacksonville or
DEPARTMENT OF HOMELAND Administrative Procedure Act (APA) (5 a designated representative. The Coast
SECURITY U.S.C. 553(b)). This provision Guard will provide notice of the safety
authorizes an agency to issue a rule zone by Local Notice to Mariners,
Coast Guard without prior notice and opportunity to Broadcast Notice to Mariners, and/or by
comment when the agency for good on-scene designated representatives.
33 CFR Part 165 cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary V. Regulatory Analyses
[Docket Number USCG–2017–0131]
to the public interest.’’ Under 5 U.S.C. We developed this rule after
RIN 1625–AA08 553(b)(B), the Coast Guard finds that considering numerous statutes and
good cause exists for not publishing a Executive Orders related to rulemaking.
Safety Zone; Space Coast Super Boat notice of proposed rulemaking (NPRM) Below we summarize our analyses
Grand Prix; Atlantic Ocean, Cocoa with respect to this rule because based on a number of these statutes and
Beach, FL insufficient time remains to publish an Executive orders, and we discuss First
AGENCY: Coast Guard, DHS. NPRM and to receive public comments, Amendment rights of protestors.
as the Space Coast Super Boat Grand
ACTION: Temporary final rule. A. Regulatory Planning and Review
Prix event will occur before the
SUMMARY: The Coast Guard is rulemaking process would be E.O.s 12866 (‘‘Regulatory Planning
establishing a temporary safety zone on completed. Because of the dangers and Review’’) and 13563 (‘‘Improving
the waters of the Atlantic Ocean associated with high speed boat races, Regulation and Regulatory Review’’)
offshore from Cocoa Beach, FL during the safety zone is necessary to provide direct agencies to assess the costs and
the Space Coast Super Boat Grand Prix, for the safety of event participants, benefits of available regulatory
a series of high-speed boat races. The spectators, and vessels transiting the alternatives and, if regulation is
safety zone is necessary to ensure the event area. For those reasons, it would necessary, to select regulatory
safety of participant vessels, spectators, be impracticable and contrary to the approaches that maximize net benefits
and the general public during the event. public interest to publish an NPRM. (including potential economic,
This regulation prohibits persons and Under 5 U.S.C. 553(d)(3), the Coast environmental, public health and safety
non-participant vessels from entering, Guard finds that good cause exists for effects, distributive impacts, and equity.
transiting through, anchoring in, or making this temporary rule effective less E.O. 13563 emphasizes the importance
remaining within the safety zone unless than 30 days after publication in the of quantifying both costs and benefits,
authorized by the Captain of the Port Federal Register. reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
nlaroche on DSK30NT082PROD with RULES
(COTP) Jacksonville or a designated III. Legal Authority and Need for Rule
representative. 13771 (‘‘Reducing Regulation and
The Coast Guard is issuing this rule Controlling Regulatory Costs’’), directs
DATES: This rule is effective from 10 under the authority in 33 U.S.C. 1231. agencies to reduce regulation and
a.m. until 5 p.m. on May 21, 2017. The purpose of the rule is to ensure the control regulatory costs and provides
ADDRESSES: To view documents safety of the event participants, the that ‘‘for every one new regulation
mentioned in this preamble as being general public, vessels and the issued, at least two prior regulations be
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Document Created: 2018-11-08 08:47:12
Document Modified: 2018-11-08 08:47:12
| 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 regulation; delay of effective date. | |
| Dates | Effective May 19, 2017, the effective date of the amendments to 49 CFR 490.105(c)(5) and (d)(1)(v), 490.107(b)(1)(ii)(H), (b)(2)(ii)(J), (b)(3)(ii)(I), and (c)(4), 490.109(d)(1)(v) and (f)(1)(v), 490.503(a)(2), 490.505 (Definition of Greenhouse gas (GHG)), 490.507(b), 490.509(f), (g) and (h), 490.511(a)(2), (c), (d), and (f), and 490.513(d) published on January 18, 2017, at 82 FR 5970 is delayed indefinitely. FHWA will publish a document in the Federal Register announcing the new effective date. The remainder of the provisions of the Final Rule published on January 18, 2017, at 82 FR 5970, and not otherwise specified in this document, will take effect on May 20, 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 22879 | |
| RIN Number | 2125-AF54 | |
| CFR Associated | Bridges; Highway Safety; Highways and Roads; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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