83_FR_15594 83 FR 15524 - Addition to the National Network

83 FR 15524 - Addition to the National Network

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15524-15526
FR Document2018-07480

The FHWA is proposing to approve the addition of Sheridan Boulevard (NY 895) to the National Network (NN) and to revise its regulations to reflect the addition. The facility currently known as ``Interstate-895 Sheridan Expressway'' in New York City, located in Bronx County, will be reconstructed, removed from the National System of Interstate and Defense Highways (Interstate System) to accommodate new design features, and classified as an ``Urban Principal Arterial-- Other.'' This facility will be identified as the ``Sheridan Boulevard (NY 895).''

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15524-15526]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07480]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. FHWA-2018-0016]
RIN 2125-AF82


Addition to the National Network

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

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The FHWA is proposing to approve the addition of Sheridan 
Boulevard (NY 895) to the National Network (NN) and to revise its 
regulations to reflect the addition. The facility currently known as 
``Interstate-895 Sheridan Expressway'' in New York City, located in 
Bronx County, will be reconstructed, removed from the National System 
of Interstate and Defense Highways (Interstate System) to accommodate 
new design features, and classified as an ``Urban Principal Arterial--
Other.'' This facility will be identified as the ``Sheridan Boulevard 
(NY 895).''

DATES: Comments must be received on or before April 23, 2018.

ADDRESSES: Mail or hand deliver comments to Docket Management Facility: 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590, submit comments electronically at http://www.regulations.gov.
    All comments should include the docket number that appears in the 
heading of this document. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notifications of receipt of comments must include a self-addressed, 
stamped postcard or may print the acknowledgment page that appears 
after submitting comments electronically. Anyone can search the 
electronic form of all comments in any one of our dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, or labor union). You 
may review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000, (Volume 65, Number 70, Pages 19477-78) or 
you may visit http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Ms. 
Crystal Jones, FHWA Office of Freight Management and Operations, (202) 
366-2976. For legal information, contact Mr. William Winne, Office of 
Chief Counsel, (202) 366-1397. Federal Highway Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590. Office hours are from 7:45 a.m. 
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at www.regulations.gov. It is available 24 hours 
each day, 365 days each year. Please follow the instructions online for 
more information and help.
    An electronic copy of this document may also be downloaded by 
accessing the Office of the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's web page at: 
http://www.access.thefederalregister.org/nara.

Background

    The NN consists of Interstate System routes (except exempted 
routes) and those non-Interstate System routes added through the 
rulemaking process. See 49 U.S.C. 31111(e)-(f) and 31113(e); 23 CFR 658 
Appendix A; see also 49 FR 23302 (June 5, 1984). To ensure that the NN 
remains substantially intact, FHWA retains the authority to rule upon 
all requests for additions to and deletions from the NN as well as 
requests for the imposition of certain restrictions. Pursuant to 23 CFR 
658.11, requests for additions to the NN must be submitted in writing 
to the appropriate FHWA Division Office and endorsed by the Governor or 
the Governor's authorized representative. Proposals for addition of 
routes to the NN must also be accompanied by an analysis of suitability 
based on the criteria in 23 CFR 658.9. Once a non-Interstate System 
route is added to the NN, it is included in Appendix A of 23 CFR part 
658--National Network--Federally Designated Routes.
    On November 10, 2017, FHWA received a request from the New York 
State Department of Transportation (NYSDOT) proposing a modification to 
the Interstate System. The request, available in the rulemaking docket, 
proposes the de-designation (removal from the Interstate System) of the 
Sheridan Expressway (I-895), approximately a 1.3-mile Interstate 
between the Bruckner Expressway (I-278) and the Cross Bronx Expressway 
(I-95). As part of the de-designation, the State also proposes the 
functional reclassification of this highway segment from an Interstate 
to ``Urban Principal Arterial--Other'' and to rename the road Sheridan 
Boulevard (NY-895). The physical alignment of the highway would be 
maintained and it would therefore continue to provide the same access 
for commercial vehicles as currently exists. The FHWA intends to act on 
this request pursuant to its regulatory authority on revisions to the 
Interstate System (23 CFR 470.115(a) and 23 CFR 658.11(d)) and guidance 
on Interstate System de-designations (https://www.fhwa.dot.gov/planning/national_highway_system/interstate_highway_system/withdrawalqa.cfm).
    The NYSDOT intends to keep Sheridan Boulevard (NY-895) in the NN. 
Because the route would no longer be in the Interstate System, it must 
be added to NN as a non-Interstate System route and be listed in 23 CFR 
658 Appendix A. The NYSDOT proposal included the required analysis of 
suitability based on the criteria in 23 CFR 658.9, which includes a 
crash

[[Page 15525]]

analysis and safety study, and also documents effects on Interstate 
commerce, effects on alternate routes, effects on traffic operations, 
and consultation with local governments.
    The FHWA reviewed NYSDOT's proposal and affirms that the request to 
add a route to the NN is consistent with 23 CFR 658.9 and 658.11 with 
respect to the criteria for the NN and the procedures for additions to 
the NN. In this Notice of Proposal Rulemaking, FHWA is proposing to 
approve the addition of Sheridan Boulevard (NY 895) to the NN and to 
revise existing regulations (23 CFR 658 Appendix A) to reflect the 
addition.

Rulemaking Analyses and Notices

    As the Sheridan Expressway is already part of the NN due to its 
Interstate designation, FHWA has determined there would be no 
substantive impact to the public resulting from the addition of the 
reconstructed facility, Sheridan Boulevard, to the NN.

Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs), Executive Order 12866 (Regulatory Planning and Review), 
Executive Order 13563 (Improving Regulation and Regulatory Review), and 
DOT Regulatory Policies and Procedures

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). The FHWA 
has determined preliminarily that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 and is 
not significant within the meaning of DOT regulatory policies and 
procedures. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. It is anticipated that the economic impact 
of this rulemaking would be minimal. These changes would not adversely 
affect, in a material way, any sector of the economy. In addition, 
these changes would not interfere with any action taken or planned by 
another agency and would not materially alter the budgetary impact of 
any entitlements, grants, user fees, or loan programs. Consequently, a 
full regulatory evaluation is not required. Finally, this proposed rule 
is not an E.O. 13771 regulatory action because it is not significant 
under E.O. 12866.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 60l-612) the FHWA has evaluated the effects of this action on 
small entities and has determined that the action would not have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations under 50,000. This action does not affect any funding 
distributed under any of the programs administered by FHWA. For these 
reasons, FHWA certifies that this action would not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule would not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). 
This proposed rule would not result in the expenditure by State, local, 
and Tribal governments, in the aggregate, or by the private sector, of 
$148.1 million or more in any one year (2 U.S.C. 1532). Further, in 
compliance with the Unfunded Mandates Reform Act of 1995, the agencies 
will evaluate any regulatory action that might be proposed in 
subsequent stages of the proceeding to assess the effects on State, 
local, and Tribal governments and the private sector.

Executive Order 13132 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and FHWA has determined 
that this action would not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. The FHWA has also 
determined that this action would not preempt any State law or State 
regulation or affect the States' ability to discharge traditional State 
governmental functions.

Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use, dated May 18, 2001. We have determined that it is 
not a significant energy action under that order since it is not likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy. Therefore, a Statement of Energy Effects is not 
required.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501), 
Federal agencies must obtain approval from the Office of Management and 
Budget for each collection of information they conduct, sponsor, or 
require through regulations. The FHWA has determined that this rule 
does not contain collection of information requirements for the 
purposes of the PRA.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    The FHWA has analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. The FHWA certifies that this action would not cause any 
environmental risk to health or safety that might disproportionately 
affect children.

Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this rule under Executive Order 12630, 
Governmental Actions and Interface with Constitutionally Protected 
Property Rights. The FHWA does not anticipate that this action would 
affect a taking of private property or otherwise have taking 
implications under Executive Order 12630.

National Environmental Policy Act

    The Agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any effect on the quality of 
the environment.

[[Page 15526]]

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 658

    Grants Program--transportation, Highways and roads, Motor carriers.

    Issued on: April 6, 2018.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA proposes to amend 23 
CFR part 658, as set forth below:

PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH 
AND WEIGHT LIMITATIONS

0
1. The authority citation for part 658 continues to read as follows:

    Authority:  23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 
31114; sec. 347, Pub. L. 108-7, 117 Stat. 419; sec. 756, Pub. L. 
109-59, 119 Stat. 1219; sec. 115, Pub. L. 109-115, 119 Stat. 2408; 
49 CFR 1.48(b)(19) and (c)(19).

0
2. Amend Appendix A to Part 658 by adding an entry to the New York 
portion of the table:

Appendix A to Part 658--National Network--Federally--Designated Routes

* * * * *

------------------------------------------------------------------------
            Route                     From                   To
------------------------------------------------------------------------
                                New York
------------------------------------------------------------------------
 
                              * * * * * * *
Sheridan Boulevard (NY 895).  I-278 Bruckner        I-95 Cross Bronx
                               Expressway.           Expressway.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2018-07480 Filed 4-10-18; 8:45 am]
 BILLING CODE 4910-22-P



                                                  15524                    Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules

                                                  157°32′31″ W; to lat. 23°59′14″ N, long.                Defense Highways (Interstate System) to   Background
                                                  156°28′23″ W; to lat. 23°53′49″ N, long.                accommodate new design features, and
                                                  155°25′33″ W; to lat. 23°24′55″ N, long.                                                             The NN consists of Interstate System
                                                                                                          classified as an ‘‘Urban Principal        routes (except exempted routes) and
                                                  154°15′20″ W; to lat. 22°41′48″ N, long.                Arterial—Other.’’ This facility will be
                                                  153°28′59″ W; to lat. 21°45′32″ N, long.                                                          those non-Interstate System routes
                                                  152°58′57″ W; to lat. 20°35′50″ N, long.
                                                                                                          identified as the ‘‘Sheridan Boulevard    added through the rulemaking process.
                                                  152°48′18″ W; thence to the point of                    (NY 895).’’                               See 49 U.S.C. 31111(e)–(f) and 31113(e);
                                                  beginning, excluding that airspace within 12            DATES: Comments must be received on       23 CFR 658 Appendix A; see also 49 FR
                                                  miles of the shoreline of the State of Hawaii.          or before April 23, 2018.                 23302 (June 5, 1984). To ensure that the
                                                  That airspace upward from 10,000 feet MSL                                                         NN remains substantially intact, FHWA
                                                                                                          ADDRESSES: Mail or hand deliver
                                                  within the area bounded by a line beginning
                                                                                                          comments to Docket Management             retains the authority to rule upon all
                                                  at lat. 19°12′44″ N, long. 152°12′34″ W; to lat.
                                                  19°08′32″ N, long. 154°29′00″ W; to lat.                Facility: U.S. Department of              requests for additions to and deletions
                                                  17°20′23″ N, long. 156°36′33″ W; to lat.                Transportation, 1200 New Jersey           from the NN as well as requests for the
                                                  18°33′07″ N, long. 159°55′59″ W; to lat.                Avenue SE, Washington, DC 20590,          imposition of certain restrictions.
                                                  19°03′09″ N, long. 161°10′15″ W; to lat.                submit comments electronically at         Pursuant to 23 CFR 658.11, requests for
                                                  19°31′51″ N, long. 162°00′41″ W; to lat.                http://www.regulations.gov.               additions to the NN must be submitted
                                                  20°11′04″ N, long. 162°40′05″ W; to lat.                  All comments should include the         in writing to the appropriate FHWA
                                                  20°58′47″ N, long. 163°04′59″ W; to lat.                                                          Division Office and endorsed by the
                                                                                                          docket number that appears in the
                                                  21°56′05″ N, long. 163°19′16″ W; to lat.                                                          Governor or the Governor’s authorized
                                                  22°54′36″ N, long. 163°13′18″ W; to lat.                heading of this document. All
                                                                                                          comments received will be available for   representative. Proposals for addition of
                                                  23°36′43″ N, long. 162°58′50″ W; to lat.
                                                  24°30′39″ N, long. 162°32′55″ W; to lat.                examination and copying at the above      routes to the NN must also be
                                                  25°07′02″ N, long. 161°36′02″ W; to lat.                address from 9 a.m. to 5 p.m., e.t.,      accompanied by an analysis of
                                                  25°33′41″ N, long. 160°06′39″ W; to lat.                Monday through Friday, except Federal     suitability based on the criteria in 23
                                                  25°27′34″ N, long. 158°34′55″ W; to lat.                holidays. Those desiring notifications of CFR 658.9. Once a non-Interstate
                                                  24°43′37″ N, long. 156°56′38″ W; to lat.                receipt of comments must include a self-  System route is added to the NN, it is
                                                  24°30′12″ N, long. 155°51′07″ W; to lat.                addressed, stamped postcard or may        included in Appendix A of 23 CFR part
                                                  24°16′10″ N, long. 154°47′02″ W; to lat.                                                          658—National Network—Federally
                                                                                                          print the acknowledgment page that
                                                  23°53′14″ N, long. 153°57′47″ W; to lat.                                                          Designated Routes.
                                                  23°14′36″ N, long. 153°08′32″ W; to lat.                appears after submitting comments
                                                                                                          electronically. Anyone can search the        On November 10, 2017, FHWA
                                                  22°20′47″ N, long. 152°35′51″ W; to lat.
                                                  21°12′25″ N, long. 152°13′34″ W; to lat.                electronic form of all comments in any    received a request from the New York
                                                  20°33′20″ N, long. 152°11′55″ W; thence to              one of our dockets by the name of the     State Department of Transportation
                                                  the point of beginning, excluding that                  individual submitting the comment (or     (NYSDOT) proposing a modification to
                                                  airspace within 12 miles of the shoreline of            signing the comment, if submitted on      the Interstate System. The request,
                                                  the State of Hawaii.                                    behalf of an association, business, or    available in the rulemaking docket,
                                                  *      *     *       *      *                           labor union). You may review DOT’s        proposes the de-designation (removal
                                                                                                          complete Privacy Act Statement in the     from the Interstate System) of the
                                                    Issued in Washington, DC, on April 4,
                                                  2018.                                                   Federal Register published on April 11,   Sheridan Expressway (I–895),
                                                                                                          2000, (Volume 65, Number 70, Pages        approximately a 1.3-mile Interstate
                                                  Rodger A. Dean Jr.,
                                                                                                          19477–78) or you may visit http://        between the Bruckner Expressway (I–
                                                  Manager, Airspace Policy Group.                                                                   278) and the Cross Bronx Expressway
                                                                                                          DocketsInfo.dot.gov.
                                                  [FR Doc. 2018–07384 Filed 4–10–18; 8:45 am]                                                       (I–95). As part of the de-designation, the
                                                  BILLING CODE 4910–13–P                                  FOR FURTHER INFORMATION CONTACT: For      State also proposes the functional
                                                                                                          technical information, contact Ms.        reclassification of this highway segment
                                                                                                          Crystal Jones, FHWA Office of Freight     from an Interstate to ‘‘Urban Principal
                                                  DEPARTMENT OF TRANSPORTATION                            Management and Operations, (202) 366– Arterial—Other’’ and to rename the road
                                                                                                          2976. For legal information, contact Mr. Sheridan Boulevard (NY–895). The
                                                  Federal Highway Administration                          William Winne, Office of Chief Counsel, physical alignment of the highway
                                                                                                          (202) 366–1397. Federal Highway           would be maintained and it would
                                                  23 CFR Part 658                                         Administration, 1200 New Jersey           therefore continue to provide the same
                                                  [FHWA Docket No. FHWA–2018–0016]                        Avenue SE, Washington, DC 20590.          access for commercial vehicles as
                                                                                                          Office hours are from 7:45 a.m. to 4:15   currently exists. The FHWA intends to
                                                  RIN 2125–AF82                                           p.m., e.t., Monday through Friday,        act on this request pursuant to its
                                                                                                          except Federal holidays.                  regulatory authority on revisions to the
                                                  Addition to the National Network
                                                                                                          SUPPLEMENTARY INFORMATION:                Interstate System (23 CFR 470.115(a)
                                                  AGENCY: Federal Highway                                                                           and 23 CFR 658.11(d)) and guidance on
                                                                                                          Electronic Access and Filing
                                                  Administration (FHWA), U.S.                                                                       Interstate System de-designations
                                                  Department of Transportation (DOT).                       You may submit or retrieve comments (https://www.fhwa.dot.gov/planning/
                                                  ACTION: Notice of proposed rulemaking.                  online through the Federal eRulemaking national_highway_system/interstate_
                                                                                                          portal at www.regulations.gov. It is      highway_system/withdrawalqa.cfm).
                                                  SUMMARY:   The FHWA is proposing to                     available 24 hours each day, 365 days        The NYSDOT intends to keep
                                                  approve the addition of Sheridan                        each year. Please follow the instructions Sheridan Boulevard (NY–895) in the
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  Boulevard (NY 895) to the National                      online for more information and help.     NN. Because the route would no longer
                                                  Network (NN) and to revise its                            An electronic copy of this document     be in the Interstate System, it must be
                                                  regulations to reflect the addition. The                may also be downloaded by accessing       added to NN as a non-Interstate System
                                                  facility currently known as ‘‘Interstate-               the Office of the Federal Register’s home route and be listed in 23 CFR 658
                                                  895 Sheridan Expressway’’ in New York                   page at: http://www.archives.gov and the Appendix A. The NYSDOT proposal
                                                  City, located in Bronx County, will be                  Government Publishing Office’s web        included the required analysis of
                                                  reconstructed, removed from the                         page at: http://www.access.gpo.gov/       suitability based on the criteria in 23
                                                  National System of Interstate and                       nara.                                     CFR 658.9, which includes a crash


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                                                                         Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules                                           15525

                                                  analysis and safety study, and also                     because it is not significant under E.O.               distribution, or use of energy. Therefore,
                                                  documents effects on Interstate                         12866.                                                 a Statement of Energy Effects is not
                                                  commerce, effects on alternate routes,                                                                         required.
                                                                                                          Regulatory Flexibility Act
                                                  effects on traffic operations, and
                                                                                                             In compliance with the Regulatory                   Executive Order 12372
                                                  consultation with local governments.
                                                     The FHWA reviewed NYSDOT’s                           Flexibility Act (Pub. L. 96–354, 5 U.S.C.              (Intergovernmental Review)
                                                  proposal and affirms that the request to                60l-612) the FHWA has evaluated the                      Catalog of Federal Domestic
                                                  add a route to the NN is consistent with                effects of this action on small entities               Assistance Program Number 20.205,
                                                  23 CFR 658.9 and 658.11 with respect                    and has determined that the action                     Highway Planning and Construction.
                                                  to the criteria for the NN and the                      would not have a significant economic                  The regulations implementing Executive
                                                  procedures for additions to the NN. In                  impact on a substantial number of small                Order 12372 regarding
                                                  this Notice of Proposal Rulemaking,                     entities. ‘‘Small entities’’ include small             intergovernmental consultation on
                                                  FHWA is proposing to approve the                        businesses, not-for-profit organizations               Federal programs and activities apply to
                                                  addition of Sheridan Boulevard (NY                      that are independently owned and                       this program.
                                                  895) to the NN and to revise existing                   operated and are not dominant in their
                                                  regulations (23 CFR 658 Appendix A) to                  fields, and governmental jurisdictions                 Paperwork Reduction Act
                                                  reflect the addition.                                   with populations under 50,000. This
                                                                                                          action does not affect any funding                       Under the Paperwork Reduction Act
                                                  Rulemaking Analyses and Notices                                                                                of 1995 (PRA) (44 U.S.C. 3501), Federal
                                                                                                          distributed under any of the programs
                                                    As the Sheridan Expressway is                         administered by FHWA. For these                        agencies must obtain approval from the
                                                  already part of the NN due to its                       reasons, FHWA certifies that this action               Office of Management and Budget for
                                                  Interstate designation, FHWA has                        would not have a significant economic                  each collection of information they
                                                  determined there would be no                            impact on a substantial number of small                conduct, sponsor, or require through
                                                  substantive impact to the public                        entities.                                              regulations. The FHWA has determined
                                                  resulting from the addition of the                                                                             that this rule does not contain collection
                                                  reconstructed facility, Sheridan                        Unfunded Mandates Reform Act of                        of information requirements for the
                                                  Boulevard, to the NN.                                   1995                                                   purposes of the PRA.
                                                  Executive Order 13771 (Reducing                           This rule would not impose unfunded                  Executive Order 12988 (Civil Justice
                                                  Regulation and Controlling Regulatory                   mandates as defined by the Unfunded                    Reform)
                                                  Costs), Executive Order 12866                           Mandates Reform Act of 1995 (Pub. L.
                                                  (Regulatory Planning and Review),                       104–4, 109 Stat. 48). This proposed rule                  This action meets applicable
                                                  Executive Order 13563 (Improving                        would not result in the expenditure by                 standards in sections 3(a) and 3(b)(2) of
                                                  Regulation and Regulatory Review),                      State, local, and Tribal governments, in               Executive Order 12988, Civil Justice
                                                  and DOT Regulatory Policies and                         the aggregate, or by the private sector, of            Reform, to minimize litigation,
                                                  Procedures                                              $148.1 million or more in any one year                 eliminate ambiguity, and reduce
                                                                                                          (2 U.S.C. 1532). Further, in compliance                burden.
                                                     Executive Orders 12866 and 13563                     with the Unfunded Mandates Reform
                                                  direct agencies to assess all costs and                                                                        Executive Order 13045 (Protection of
                                                                                                          Act of 1995, the agencies will evaluate
                                                  benefits of available regulatory                                                                               Children)
                                                                                                          any regulatory action that might be
                                                  alternatives and, if regulation is                      proposed in subsequent stages of the
                                                  necessary, to select regulatory                                                                                  The FHWA has analyzed this rule
                                                                                                          proceeding to assess the effects on State,             under Executive Order 13045,
                                                  approaches that maximize net benefits                   local, and Tribal governments and the
                                                  (including potential economic,                                                                                 Protection of Children from
                                                                                                          private sector.                                        Environmental Health Risks and Safety
                                                  environmental, public health and safety
                                                  effects, distributive impacts, and                      Executive Order 13132 (Federalism                      Risks. The FHWA certifies that this
                                                  equity). The FHWA has determined                        Assessment)                                            action would not cause any
                                                  preliminarily that this action is not a                                                                        environmental risk to health or safety
                                                                                                            This action has been analyzed in                     that might disproportionately affect
                                                  significant regulatory action within the                accordance with the principles and
                                                  meaning of Executive Order 12866 and                                                                           children.
                                                                                                          criteria contained in Executive Order
                                                  is not significant within the meaning of                13132, and FHWA has determined that                    Executive Order 12630 (Taking of
                                                  DOT regulatory policies and procedures.                 this action would not have sufficient                  Private Property)
                                                  Executive Order 13563 emphasizes the                    federalism implications to warrant the
                                                  importance of quantifying both costs                    preparation of a federalism assessment.                  The FHWA has analyzed this rule
                                                  and benefits, reducing costs,                           The FHWA has also determined that                      under Executive Order 12630,
                                                  harmonizing rules, and promoting                        this action would not preempt any State                Governmental Actions and Interface
                                                  flexibility. It is anticipated that the                 law or State regulation or affect the                  with Constitutionally Protected Property
                                                  economic impact of this rulemaking                      States’ ability to discharge traditional               Rights. The FHWA does not anticipate
                                                  would be minimal. These changes                         State governmental functions.                          that this action would affect a taking of
                                                  would not adversely affect, in a material                                                                      private property or otherwise have
                                                  way, any sector of the economy. In                      Executive Order 13211 (Energy Effects)                 taking implications under Executive
                                                  addition, these changes would not                          We have analyzed this action under                  Order 12630.
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                                                  interfere with any action taken or                      Executive Order 13211, Actions                         National Environmental Policy Act
                                                  planned by another agency and would                     Concerning Regulations That
                                                  not materially alter the budgetary                      Significantly Affect Energy Supply,                       The Agency has analyzed this action
                                                  impact of any entitlements, grants, user                Distribution, or Use, dated May 18,                    for the purpose of the National
                                                  fees, or loan programs. Consequently, a                 2001. We have determined that it is not                Environmental Policy Act of 1969 (42
                                                  full regulatory evaluation is not                       a significant energy action under that                 U.S.C. 4321–4347) and has determined
                                                  required. Finally, this proposed rule is                order since it is not likely to have a                 that this action would not have any
                                                  not an E.O. 13771 regulatory action                     significant adverse effect on the supply,              effect on the quality of the environment.


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                                                  15526                   Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Proposed Rules

                                                  Regulation Identification Number                            Issued on: April 6, 2018.                                    Authority: 23 U.S.C. 127 and 315; 49
                                                                                                            Brandye L. Hendrickson,                                      U.S.C. 31111, 31112, and 31114; sec. 347,
                                                    A regulation identification number
                                                                                                                                                                         Pub. L. 108–7, 117 Stat. 419; sec. 756, Pub.
                                                  (RIN) is assigned to each regulatory                      Acting Administrator, Federal Highway
                                                                                                            Administration.                                              L. 109–59, 119 Stat. 1219; sec. 115, Pub. L.
                                                  action listed in the Unified Agenda of
                                                                                                                                                                         109–115, 119 Stat. 2408; 49 CFR 1.48(b)(19)
                                                  Federal Regulations. The Regulatory
                                                                                                              In consideration of the foregoing, the                     and (c)(19).
                                                  Information Service Center publishes
                                                  the Unified Agenda in April and                           FHWA proposes to amend 23 CFR part
                                                                                                            658, as set forth below:                                     ■ 2. Amend Appendix A to Part 658 by
                                                  October of each year. The RIN contained                                                                                adding an entry to the New York portion
                                                  in the heading of this document can be                                                                                 of the table:
                                                  used to cross reference this action with                  PART 658—TRUCK SIZE AND WEIGHT,
                                                  the Unified Agenda.                                       ROUTE DESIGNATIONS—LENGTH,                                   Appendix A to Part 658—National
                                                                                                            WIDTH AND WEIGHT LIMITATIONS                                 Network—Federally—Designated
                                                  List of Subjects in 23 CFR Part 658
                                                                                                                                                                         Routes
                                                    Grants Program—transportation,                          ■ 1. The authority citation for part 658
                                                  Highways and roads, Motor carriers.                       continues to read as follows:                                *       *    *       *        *

                                                                         Route                                                        From                                                        To

                                                                                                                                   New York


                                                           *                  *                               *                  *                            *                       *                     *
                                                  Sheridan Boulevard (NY 895) ...........................   I–278 Bruckner Expressway .............................     I–95 Cross Bronx Expressway.

                                                             *                       *                          *                          *                       *                      *                 *



                                                  [FR Doc. 2018–07480 Filed 4–10–18; 8:45 am]               by the remaining pending permit                              submissions, and general guidance on
                                                  BILLING CODE 4910–22–P                                    approvals. This revision will not impact                     making effective comments, please visit
                                                                                                            the schedule for installation and                            https://www2.epa.gov/dockets/
                                                                                                            operation of control equipment, will not                     commenting-epa-dockets.
                                                  ENVIRONMENTAL PROTECTION                                  alter any other compliance dates, and                        FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY                                                    will not adversely affect air quality in                     Heather Hamilton, Environmental
                                                                                                            Muscatine, Iowa, as explained in the                         Protection Agency, Air Planning and
                                                  40 CFR Part 52                                            revised Technical Support Document                           Development Branch, 11201 Renner
                                                                                                            that is part of this docket.                                 Boulevard, Lenexa, Kansas 66219 at
                                                  [EPA–R07–OAR–2017–0143; FRL–9976–50–
                                                  Region 7]
                                                                                                               This proposal will also address                           (913) 551–7039, or by email at
                                                                                                            adverse comments submitted to the                            hamilton.heather@epa.gov.
                                                  Air Plan Approval; Iowa; Amendment                        docket.                                                      SUPPLEMENTARY INFORMATION:
                                                  to the Administrative Consent Order,                      DATES:  Comments must be received on                         Throughout this document ‘‘we,’’ ‘‘us,’’
                                                  Grain Processing Corporation,                             or before May 11, 2018.                                      and ‘‘our’’ refer to EPA. This section
                                                  Muscatine, Iowa; Proposal                                                                                              provides additional information by
                                                                                                            ADDRESSES: Submit your comments,
                                                                                                                                                                         addressing the following:
                                                  AGENCY:  Environmental Protection                         identified by Docket ID No. EPA–R07–
                                                  Agency (EPA).                                             OAR–2017–0143 to https://                                    I. Background
                                                                                                            www.regulations.gov. Follow the online                       II. What is being addressed in this document?
                                                  ACTION: Proposed rule.                                                                                                 III. Have the requirements for approval of a
                                                                                                            instructions for submitting comments.
                                                                                                                                                                               SIP revision been met?
                                                  SUMMARY:   The Environmental Protection                   Once submitted, comments cannot be                           IV. EPA’s Response to Comment
                                                  Agency (EPA) is proposing to approve                      edited or removed from Regulations.gov.                      V. What action is EPA taking?
                                                  revisions to the State Implementation                     The EPA may publish any comment                              VI. Incorporation by Reference
                                                  Plan (SIP) for the State of Iowa to                       received to its public docket. Do not                        VII. Statutory and Executive Order Reviews
                                                  incorporate an amendment to the                           submit electronically any information
                                                  Administrative Consent Order (ACO) for                    you consider to be Confidential                              I. Background
                                                  Grain Processing Corporation (GPC),                       Business Information (CBI) or other                            On August 25, 2017, EPA proposed to
                                                  Muscatine, Iowa. The revision amends                      information whose disclosure is                              approve a revision to the Iowa State
                                                  the ACO to change the date for                            restricted by statute. Multimedia                            Implementation Plan (SIP) which
                                                  completion of performance testing from                    submissions (audio, video, etc.) must be                     amended the Administrative Consent
                                                  May 31, 2017, to May 31, 2018, to allow                   accompanied by a written comment.                            Order (ACO) for Grain Processing
                                                  the state more time to complete the                       The written comment is considered the                        Corporation (GPC), Muscatine, Iowa.
                                                  remaining air construction permit                         official comment and should include                          The revision amended the ACO to
                                                  applications submitted by GPC, and to                     discussion of all points you wish to                         change the date for completion of
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                                                  specify testing requirements as                           make. The EPA will generally not                             performance testing from May 31, 2017,
                                                  appropriate in the final permits. When                    consider comments or comment                                 to May 31, 2018, to allow the state more
                                                  the state submitted the request to amend                  contents located outside of the primary                      time to complete processing the
                                                  the ACO, twelve of the 107 permits were                   submission (i.e. on the web, cloud, or                       remaining air construction permit
                                                  incomplete. At this time, only two                        other file sharing system). For                              applications submitted by GPC, and to
                                                  permits have not been issued by the                       additional submission methods, the full                      specify testing requirements as
                                                  State. The air quality in Muscatine,                      EPA public comment policy,                                   appropriate in the remaining final
                                                  Iowa, has not been adversely impacted                     information about CBI or multimedia                          permits. See 82 FR 40519. In


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Document Created: 2018-04-10 23:59:41
Document Modified: 2018-04-10 23:59:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before April 23, 2018.
ContactFor technical information, contact Ms. Crystal Jones, FHWA Office of Freight Management and Operations, (202) 366-2976. For legal information, contact Mr. William Winne, Office of Chief Counsel, (202) 366-1397. Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation83 FR 15524 
RIN Number2125-AF82
CFR AssociatedGrants Program-Transportation; Highways and Roads and Motor Carriers

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