SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

This document may be viewed online through the Federal eRulemaking portal at www.regulations.gov. The website is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register's website at: www.federalregister.gov and the Government Publishing Office's website at: www.GovInfo.gov.

Background

Title 23 of the Code of Federal Regulations (CFR) under § 658.11 provides for changes to the National Network (NN), a network of highways from each State on which certain authorized commercial vehicles are allowed to operate. The New York State Department of Transportation (NYSDOT) has requested FHWA modify the NN in Syracuse, New York.

National Network

This final rule makes changes to the NN. The NN consists of Interstate System routes (except exempted routes) and those non-Interstate System routes added through the rulemaking process. See 49 United States Code (U.S.C.) 31111(e)-(f) and 31113(e); 23 CFR 658 Appendix A; see also 49 FR 23302 (June 5, 1984). To ensure 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 part 658, specifically § 658.11, requests for modifications to the NN, including justification, must be submitted in writing to the appropriate FHWA Division Office and endorsed by the Governor or the Governor's authorized representative. Proposals for the addition of routes to the NN must also be accompanied by an analysis of suitability based on the criteria in § 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 July 6, 2021, FHWA received a request from NYSDOT that proposes a modification to NN. The request proposes the de-designation of the segment of I-81 called the I-81 Viaduct from the NN and the addition of the signalized surface urban arterial roadway system called the Community Grid, which replaces the I-81 Viaduct, to the NN. The segment of I-81 between the I-81/I-481 interchange (Exit 16A) and the I-81/I-481 interchange (Exit 29) and the Community Grid would be reclassified as Business Loop 81 (BL 81) and be on the NN. I-481 would be reclassified as I-81, improved as needed to accommodate traffic demand, and would remain on the NN. In the northbound direction, BL 81 would include the Community Grid, which connects the reconstructed Almond Street to Erie Boulevard, to Pearl Street, and then to an on-ramp for the freeway section continuing to the I-81/I-481 interchange. In the southbound direction, BL 81 begins at the I-81/I-481 interchange and transitions from the freeway section to the Community Grid via an off-ramp to Oswego Boulevard, connects to Erie Boulevard and onto reconstructed Almond Street. I-81 northbound and southbound between the I-81/I-690 interchange and the I-81/I-481 interchange would remain as a freeway on the NN and would be reclassified as part of BL 81.

FHWA is acting on this request pursuant to its regulatory authority over revisions to the Interstate System (23 CFR 470.115(a) and 23 CFR 658.11(d)) and guidance on Interstate System de-designations.^[1]

The NYSDOT requests to keep BL 81 on the NN. Pursuant to regulation, 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 also provided the required analysis of suitability based on the criteria in § 658.9, which includes a crash analysis and safety study, and documents the effects on interstate commerce, effects on alternate routes, effects on traffic operations, and consultation with local governments.

FHWA reviewed the NYSDOT's proposal and affirms the request to add BL 81 to the NN is consistent with the 23 U.S.C. 658.9 and 658.11, with respect to the criteria for the NN and the procedures for additions to the NN. FHWA approves the addition of BL 81 to the NN and revises existing regulations (23 CFR 658 Appendix A) to reflect the addition.

As the I-81 Viaduct is already part of the NN due to its Interstate designation, ( printed page 57790) FHWA has determined there would be no substantive impact to the public resulting from the addition of the reconstructed facility, BL 81, to the NN.

Basis for Issuing a Final Rule

For the reasons described in this section, FHWA has determined a final rule is the appropriate mechanism to update part 658. Under the Administrative Procedure Act (APA), the requirement for prior notice and an opportunity for public comment does not apply when the Agency, for good cause, finds those procedures are “impracticable, unnecessary, or contrary to the public interest,” 5 U.S.C. 553(b)(B). FHWA finds “good cause” to issue this final rule without notice and an opportunity for public comment because such procedures are “impracticable” and “unnecessary” for this rulemaking. First, prior notice and public comment are impracticable because FHWA has no discretion but to make changes to reflect the redesignation of this section of roadway for a nearly completed project. Construction on the project began with the first phase contract issued on January 12, 2023 and interstate traffic will be permanently rerouted in late 2026 as part of the final phase. Second, notice and opportunity for public comment are unnecessary because these changes are technical in nature to change the road designation.

For these same reasons, FHWA finds “good cause” exists under 5 U.S.C. 553(d)(3) for the rule to become effective immediately.

Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Rulemaking Policies and Procedures (49 CFR Part 5)

This rule does not meet the criteria of a “significant regulatory action” under Executive Order 12866, as amended by Executive Orders 14215 and 13563. Therefore, the Office of Management and Budget (OMB) has not reviewed this rule. This final rule is not expected to have any economic impact because it is merely a procedural step to align a regulatory appendix with a project that is already underway and nearly complete.

Executive Order 14192 (Unleashing Prosperity Through Deregulation)

This rule is not an Executive Order 14192 regulatory action.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act (5 U.S.C. 601-612) (as amended by the Small Business Regulatory Enforcement Fairness Act of 1996; 5 U.S.C. 601 et seq.), Agencies must prepare and make available for public comment a regulatory flexibility analysis that describes the effect of the rule on small entities ( i.e., small businesses, small organizations, and small government jurisdictions). As discussed previously, FHWA has determined prior notice and opportunity for public comment is unnecessary under the APA. Because a notice of proposed rulemaking is not required for this action pursuant to 5 U.S.C. 553, or any other law, no regulatory flexibility analysis has been prepared for this final rule. See 5 U.S.C. 601(2), 603(a).

Unfunded Mandates Reform Act of 1995

FHWA has determined this action will not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995, 109 Stat. 48). As discussed above, FHWA finds this regulatory action will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year (2 U.S.C. 1532). In addition, the definition of “Federal mandate” in the Unfunded Mandates Reform Act excludes financial assistance of the type in which State, local, or Tribal governments have authority to adjust their participation in the program in accordance with changes made in the program by the Federal Government. The Federal-aid highway program permits this type of flexibility.

Executive Order 13132 (Federalism Assessment)

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

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal Agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. This action does not require the collection of information.

National Environmental Policy Act

FHWA has analyzed this action for the purpose of the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), and has determined this action would not have a significant effect on the quality of the environment and qualifies for the categorical exclusion (CE) at 23 CFR 771.117(c)(20), which applies to the promulgation of rules and regulations. Categorically excluded actions meet the criteria for CEs under 23 CFR 771.117(a) and normally do not require any further NEPA approvals by FHWA. FHWA does not anticipate any adverse environmental impacts from this rule, and no unusual circumstances are present under 23 CFR 771.117(b).

Executive Order 13175 (Tribal Consultation)

FHWA has analyzed this rule under Executive Order 13175 and believes it would not have substantial direct effects on one or more Indian Tribes, would not impose substantial direct compliance costs on Indian Tribal governments, and would not preempt Tribal law. This rule would not impose any direct compliance requirements on Indian Tribal governments nor would it have any economic or other impacts on the viability of Indian Tribes. Therefore, a Tribal summary impact statement is not required.

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 the spring and fall of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda.

Issued under authority delegated in 49 CFR 1.81(a)(3):

In consideration of the foregoing, FHWA amends title 23, Code of Federal Regulations, part 658, as set forth below:

91 FR 57789