National Performance Management Measures; Assessing Pavement Condition for the National Highway Performance Program and Bridge Condition for the National Highway Performance Program; National Performance Management Measures; Assessing Performance of the National Highway System, Freight Movement on the Interstate System, and Congestion Mitigation and Air Quality Improvement Program |
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Walter C. Waidelich, Jr.
Federal Highway Administration
13 February 2017
[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Rules and Regulations]
[Pages 10441-10442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02860]
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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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 /
Rules and Regulations
[[Page 10441]]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
[Docket No. FHWA-2013-0053; FHWA-2013-0054]
RIN 2125-AF53; 2125-AF54
National Performance Management Measures; Assessing Pavement
Condition for the National Highway Performance Program and Bridge
Condition for the National Highway Performance Program; National
Performance Management Measures; Assessing Performance of the National
Highway System, Freight Movement on the Interstate System, and
Congestion Mitigation and Air Quality Improvement Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Final regulations; delay of effective dates.
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SUMMARY: In accordance with the memorandum of January 20, 2017, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Freeze Pending Review,'' published in the Federal Register
on January 24, 2017, the Department delays the effective dates of the
following regulations until March 21, 2017: National Performance
Management Measures; Assessing Pavement Condition for the National
Highway Performance program and Bridge Condition for the National
Highway Performance Program, RIN 2125-AF53; and National Performance
Management measures; Assessing Performance of the National Highway
System, Freight Movement on the Interstate System, and Congestion
Mitigation and Air Quality Improvement Program, RIN 2125-AF54.
DATES: Effective February 13, 2017, the effective date of the final
rules published on January 18, 2017, at 82 FR 5886 and January 18,
2017, at 82 FR 5970, respectively, is delayed to March 21, 2017.
The incorporation by reference of certain publications listed in
the final rule published on January 18, 2017, at 82 FR 5886 is approved
by the Director of the Federal Register as of March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Christopher Richardson, Assistant
Chief Counsel for Legislation, Regulations, and General Law, Office of
Chief Counsel, Federal Highway Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590. Telephone: (202) 366-0761. Office hours are
from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
A copy of the Notice of Proposed Rulemakings (NPRMs), all comments
received, the Final Rules, and all background material may be viewed
online at http://www.regulations.gov using the docket numbers listed
above. A copy of this notice will be placed on each docket. Electronic
retrieval help and guidelines are available on the Web site. It is
available 24 hours each day, 365 days each year. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's Web site at http://www.ofr.gov and the Government Publishing
Office's Web site at http://www.gpo.gov.
Background
On January 20, 2017, the Assistant to the President and Chief of
Staff issued a memorandum entitled, ``Regulatory Freeze Pending
Review.'' This memorandum directed heads of executive departments and
agencies to take certain steps to ensure that the President's
appointees and designees have the opportunity to review new and pending
regulations. It instructed agencies to temporarily postpone the
effective dates of regulations that had been published in the Federal
Register but were not yet effective until 60 days after the date of the
memorandum (January 20, 2017). In accordance with that directive, the
FHWA is delaying the effective dates of the regulations listed below as
follows:
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RIN Title Agency contact Original effective date Delayed effective date
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2125-AF53.......... Assessing Pavement Francine Shaw February 17, 2017........ March 21, 2017.
Condition for the Whitson,
National Highway Office of
Performance Program Infrastructure
and Bridge , 202-366-8028.
Condition for the
National Highway
Performance Program.
2125-AF54.......... Assessing Francine Shaw February 17, 2017........ March 21, 2017.
Performance of the Whitson,
National Highway Office of
System, Freight Infrastructure
Movement on the , 202-366-8028.
Interstate System,
and Congestion
Mitigation and Air
Quality Improvement
Program.
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Waiver of Rulemaking and Delayed Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553), FHWA
generally offers interested parties the opportunity to comment on
proposed regulations and publishes rules not less than 30 days before
their effective dates. However, the APA provides that an agency is not
required to conduct notice-and-comment rulemaking or delay effective
dates when the agency, for good cause, finds that the requirement is
impracticable, unnecessary, or contrary to the public interest (5
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive both of
these requirements here as the President's appointees and designees
need to delay the effective dates of these
[[Page 10442]]
regulations to have adequate time to review new or pending regulations,
and neither the notice and comment process nor delayed effective date
could be implemented in time to allow for this review.
List of Subjects in 23 CFR Part 490
Bridges, Highway safety, Highways and roads, Incorporation by
reference, Reporting and recordkeeping requirements.
Issued on: February 7, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. 2017-02860 Filed 2-10-17; 8:45 am]
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