82 FR 45179 - 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 187 (September 28, 2017)

Page Range		45179-45180
FR Document		2017-20804

This document announces the effective date for 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).

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)

[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45179-45180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20804]


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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; announcement of effective date.

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SUMMARY: This document announces the effective date for 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).

DATES: The effective date of the amendments to 23 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 September 28, 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 May 19, 2017, at 82 FR 22879, FHWA announced that the majority 
of the PM#3 Final Rule would become effective on May 20, 2017, and 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 be further suspended pending additional 
rulemaking.
    This document confirms that the following sections of the Final 
Rule are effective as of September 28, 2017:

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)

[[Page 45180]]

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).
    The FHWA recognizes that there are short timeframes to comply with 
the October 1, 2018 reporting deadline. However, FHWA expects that the 
burden to comply with the upcoming reporting deadline will be minimal, 
consisting mostly of preliminary target-setting activities using 
existing data sources.
    The FHWA has initiated additional rulemaking procedures proposing 
to repeal the GHG measure (RIN 2125-AF76) and anticipates publishing an 
NPRM in 2017 with a goal of issuing a Final Rule in Spring 2018.

Waiver of Rulemaking

    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 these 
requirements here as unnecessary, because this rule merely ceases the 
suspension of the Final Rule pending additional rulemaking, as provided 
for in the May 19, 2017 document at 82 FR 22879, thus putting in effect 
the requirements of the above-referenced sections of the Final Rule as 
previously promulgated after notice and comment. The cessation of the 
suspension is therefore not significant in nature and impact, and does 
not impose new burdens on State departments of transportation and 
Metropolitan Planning Organizations.

List of Subjects in 23 CFR Part 490

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

    Issued on: September 22, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-20804 Filed 9-25-17; 4:15 pm]
BILLING CODE 4910-22-P

Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45179

exchanged that reflect the extension of PART 12—SPECIAL CLASSES OF DATES: The effective date of the
the agreement. Accordingly, CBP is MERCHANDISE amendments to 23 CFR 490.105(c)(5)
amending 19 CFR 12.104g(a) in order to and (d)(1)(v), 490.107(b)(1)(ii)(H),
reflect the extension of the import ■ 1. The general authority citation for (b)(2)(ii)(J), (b)(3)(ii)(I), and (c)(4),
restrictions pursuant to the agreement. part 12 and the specific authority 490.109(d)(1)(v) and (f)(1)(v),
The Designated List of Archaeological citation for § 12.104g continue to read as 490.503(a)(2), 490.505 (Definition of
Materials and Ecclesiastical follows: Greenhouse gas (GHG)), 490.507(b),
Ethnological Materials from Guatemala Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 490.509(f), (g) and (h), 490.511(a)(2), (c),
covered by these import restrictions is (General Note 3(i), Harmonized Tariff (d), and (f), and 490.513(d) published on
set forth in CBP Dec. 12–17. The Schedule of the United States (HTSUS)), January 18, 2017, at 82 FR 5970, is
Designated List may also be found 1624; September 28, 2017.
online at https://eca.state.gov/cultural- * * * * * FOR FURTHER INFORMATION CONTACT:
heritage-center/cultural-property- Sections 12.104 through 12.104i also Christopher Richardson, Assistant Chief
protection/bilateral-agreements/ issued under 19 U.S.C. 2612; Counsel for Legislation, Regulations,
guatemala. * * * * * and General Law, Office of Chief
The restrictions on the importation of Counsel, Federal Highway
§ 12.104g(a) [Amended]
these archaeological and ecclesiastical Administration, 1200 New Jersey
■ 2. In § 12.104g(a), the table of the list Avenue SE., Washington, DC 20590.
ethnological materials from Guatemala of agreements imposing import
are to continue in effect for an Telephone: (202) 366–0761. Office
restrictions on described articles of hours are from 8:00 a.m. to 4:30 p.m.
additional five years. Importation of cultural property of State Parties is
such material continues to be restricted e.t., Monday through Friday, except
amended in the entry for Guatemala by Federal holidays.
unless the conditions set forth in 19 adding the words ‘‘extended by CBP
U.S.C. 2606 and 19 CFR 12.104c are SUPPLEMENTARY INFORMATION:
Dec. 17–14’’ after the words ‘‘CBP Dec.
met. 12–17’’ in the column headed ‘‘Decision Electronic Access and Filing
Inapplicability of Notice and Delayed No.’’. A copy of the Notice of Proposed
Effective Date Kevin K. McAleenan, Rulemaking (NPRM), all comments
This amendment involves a foreign Acting Commissioner, U.S. Customs and received, the Final Rule, and all
affairs function of the United States and Border Protection. background material may be viewed
is, therefore, being made without notice Approved: September 25, 2017. online at http://www.regulations.gov
or public procedure (5 U.S.C. 553(a)(1)). Timothy E. Skud, using the docket numbers listed above.
In addition, CBP has determined that A copy of this document will be placed
Deputy Assistant Secretary of the Treasury.
such notice or public procedure would on the docket. Electronic retrieval help
[FR Doc. 2017–20785 Filed 9–27–17; 8:45 am]
be impracticable and contrary to the and guidelines are available on the Web
BILLING CODE 9111–14–P
public interest because the action being site. It is available 24 hours each day,
taken is essential to avoid interruption 365 days each year. An electronic copy
of the application of the existing import of this document may also be
restrictions (5 U.S.C. 553(b)(B)). For the DEPARTMENT OF TRANSPORTATION downloaded from the Office of the
same reason, a delayed effective date is Federal Register’s Web site at http://
not required under 5 U.S.C. 553(d)(3). Federal Highway Administration www.ofr.gov and the Government
Publishing Office’s Web site at http://
Regulatory Flexibility Act 23 CFR Part 490 www.gpo.gov.
Because no notice of proposed [Docket No. FHWA–2013–0054] Background
rulemaking is required, the provisions On May 19, 2017, at 82 FR 22879,
of the Regulatory Flexibility Act (5 RIN 2125–AF54 FHWA announced that the majority of
U.S.C. 601 et seq.) do not apply. the PM#3 Final Rule would become
National Performance Management effective on May 20, 2017, and that the
Executive Orders 12866 and 13771
Measures; Assessing Performance of portions of the PM#3 Final Rule
Because this rule involves a foreign the National Highway System, Freight pertaining to the measure on the percent
affairs function of the United States, it Movement on the Interstate System, change in CO2 emissions from the
is not subject to either Executive Order and Congestion Mitigation and Air
reference year 2017, generated by on-
12866 or Executive Order 13771. Quality Improvement Program
road mobile sources on the National
Signing Authority AGENCY: Federal Highway Highway System (the GHG) measure
Administration (FHWA), Department of would be further suspended pending
This regulation is being issued in Transportation (DOT). additional rulemaking.
accordance with 19 CFR 0.1(a)(1). This document confirms that the
ACTION: Final regulation; announcement
List of Subjects in 19 CFR Part 12 of effective date. following sections of the Final Rule are
effective as of September 28, 2017:
Cultural property, Customs duties and SUMMARY: This document announces the 1. 23 CFR 490.105(c)(5)
inspection, Imports, Prohibited effective date for specific portions of the 2. 23 CFR 490.105(d)(1)(v)
jstallworth on DSKBBY8HB2PROD with RULES

merchandise. National Performance Management 3. 23 CFR 490.107(b)(1)(ii)(H)
Amendment to CBP Regulations measures; Assessing Performance of the 4. 23 CFR 490.107(b)(2)(ii)(J)
National Highway System, Freight 5. 23 CFR 490.107(b)(3)(ii)(I)
For the reasons set forth above, part Movement on the Interstate System, and 6. 23 CFR 490.107(c)(4)
12 of Title 19 of the Code of Federal Congestion Mitigation and Air Quality 7. 23 CFR 490.109(d)(1)(v)
Regulations (19 CFR part 12) is Improvement Program Final Rule 8. 23 CFR 490.109(f)(1)(v)
amended as set forth below: (PM#3). 9. 23 CFR 490.503(a)(2)

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45180 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations

10. 23 CFR 490.505 (Definition of Issued on: September 22, 2017. EEOC received four comments in
Greenhouse gas (GHG)) Brandye L. Hendrickson, response to the interim final rule. Two
11. 23 CFR 490.507(b) Acting Administrator, Federal Highway comments were submitted by an
Administration. individual, and the remaining two
12. 23 CFR 490.509(f) [FR Doc. 2017–20804 Filed 9–25–17; 4:15 pm] comments were submitted by the
13. 23 CFR 490.509(g) BILLING CODE 4910–22–P National Archives and Records
14. 23 CFR 490.509(h) Administration’s Office of Government
Information Services (hereinafter
15. 23 CFR 490.511(a)(2) ‘‘OGIS’’).
EQUAL EMPLOYMENT OPPORTUNITY
16. 23 CFR 490.511(c) The individual commenter suggested
COMMISSION
17. 23 CFR 490.511(d) that EEOC reconsider the fifteen cent
29 CFR Part 1610 per page duplication fee charged for
18. 23 CFR 490.511(f) copies. This comment is outside the
19. 23 CFR 490.513(d). RIN 3046–AA90 scope of the interim final rule, which
The FHWA recognizes that there are did not propose changes to the
Availability of Records duplication fees associated with
short timeframes to comply with the
AGENCY: Equal Employment processing FOIA requests. Therefore,
October 1, 2018 reporting deadline.
Opportunity Commission. the EEOC declines to change the
However, FHWA expects that the
ACTION: Final rule. duplication fees. The second comment
burden to comply with the upcoming
asked the EEOC to remove the word
reporting deadline will be minimal, SUMMARY: The Equal Employment ‘‘professional’’ in 1610.9(f)(3), which
consisting mostly of preliminary target- Opportunity Commission (‘‘EEOC’’ or identifies the requirements of a
setting activities using existing data ‘‘Commission’’) is issuing a final rule requester seeking expedited processing.
sources. revising its Freedom of Information Act Congress strongly favors uniform FOIA
The FHWA has initiated additional (FOIA) regulations in order to regulations. The Office of Information
rulemaking procedures proposing to implement the substantive and Policy, to assist agencies in issuing
repeal the GHG measure (RIN 2125– procedural changes to the FOIA uniform regulations, provided a
AF76) and anticipates publishing an identified in the FOIA Improvement Act template for agencies to utilize when
NPRM in 2017 with a goal of issuing a of 2016 and update two district office revising FOIA regulations. In order to
Final Rule in Spring 2018. addresses and the Office of Legal conform with the Office of Information
Counsel’s fax number. Policy template language, the EEOC
Waiver of Rulemaking
DATES: Effective September 28, 2017. declines to remove the word
Under the Administrative Procedure FOR FURTHER INFORMATION CONTACT: ‘‘professional.’’
Act (APA) (5 U.S.C. 553), FHWA Stephanie D. Garner, Assistant Legal The Commission has considered
generally offers interested parties the Counsel, FOIA Programs, or Draga G. carefully the comments from OGIS and
opportunity to comment on proposed Anthony, Senior Attorney Advisor, has made some changes to the final rule
regulations and publishes rules not less Office of Legal Counsel, U.S. Equal in response to them. The OGIS
than 30 days before their effective dates. Employment Opportunity Commission, comments concerning Sections 1610.11
However, the APA provides that an at (202) 663–4640 (voice) or (202) 663– and 1610.13 and EEOC’s changes to the
agency is not required to conduct 7026 (TTY). These are not toll-free final rule are discussed in more detail
notice-and-comment rulemaking or telephone numbers. This final rule also below.
delay effective dates when the agency, is available in the following formats: Section 1610.2—Statutory Requirements
for good cause, finds that the Large print, Braille, audiotape, and The EEOC determined that the final
requirement is impracticable, electronic file on computer disk. two sentences of Section 1610.2(a) of
unnecessary, or contrary to the public Requests for this final rule in an the Draft Final Rule should be deleted.
interest (5 U.S.C. 553(b)(B) and (d)(3)). alternative format should be made to Those sentences read as follows: ‘‘As a
There is good cause to waive these EEOC’s Publications Center at 1–800– matter of policy, the Commission may
requirements here as unnecessary, 669–3362 (voice) or 1–800–800–3302 make discretionary disclosures of
because this rule merely ceases the (TTY). records or information exempt from
suspension of the Final Rule pending
SUPPLEMENTARY INFORMATION: disclosure under the FOIA whenever
additional rulemaking, as provided for
disclosure would not foreseeably harm
in the May 19, 2017 document at 82 FR Introduction
an interest protected by the FOIA
22879, thus putting in effect the On December 29, 2016, EEOC exemption. This policy does not create
requirements of the above-referenced published in the Federal Register an any right enforceable in Court.’’ The
sections of the Final Rule as previously interim final rule setting forth revisions final rule now more closely aligns with
promulgated after notice and comment. to EEOC’s FOIA regulations at 29 CFR the statutory language at 5 U.S.C.
The cessation of the suspension is part 1610. 81 FR 95869 (2016). The 552(a)(8). The FOIA Improvement Act of
therefore not significant in nature and purpose of the revisions is to update the 2016 codified the foreseeable harm
impact, and does not impose new Commission’s FOIA regulations so that standard; therefore, release of the
burdens on State departments of they are consistent with current records is no longer a matter of agency
transportation and Metropolitan Commission practice in responding to policy. Records must be released unless
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Planning Organizations. FOIA requests as reflected in the FOIA there is a risk of foreseeable harm.
List of Subjects in 23 CFR Part 490 Improvement Act of 2016. The revisions
also are intended to update two district Section 1610.5—Request for Records
Bridges, Highway safety, Highways office addresses and the Office of Legal Section 1610.5(a)(2), of the interim
and roads, Incorporation by reference, Counsel’s fax number. The interim final final rule said that ‘‘(2)A requester who
Reporting and recordkeeping rule sought public comments which is making a request for records about
requirements. were due on or before January 30, 2017. himself or herself must comply with the

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Document Created: 2017-09-28 01:32:30
Document Modified: 2017-09-28 01:32:30

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; announcement of effective date.
Dates		The effective date of the amendments to 23 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 September 28, 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 45179
RIN Number		2125-AF54
CFR Associated		Bridges; Highway Safety; Highways and Roads; Incorporation by Reference and Reporting and Recordkeeping Requirements

82 FR 45179 - 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 TRANSPORTATIONFederal Highway Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration