Diversion of Highway Revenues; Removal of Obsolete Regulation Publication: Federal Register Agency: Federal Highway Administration Byline: Stephanie Pollack Date: 15 February 2022 Subjects: American Government , Roads & Highways

[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8411-8413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03173]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 1

RIN 2125-AG04


Diversion of Highway Revenues; Removal of Obsolete Regulation

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

ACTION: Final rule.

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SUMMARY: Through this final rule, FHWA will remove a regulation from 
the CFR that has been rendered obsolete by the passage of subsequent 
legislation. The FHWA believes that because the underlying statutory 
authority for this regulation has substantially changed since adopted, 
this final rule eliminates any confusion that may be caused by its 
existence in the CFR.

DATES: This final rule is effective February 15, 2022.

FOR FURTHER INFORMATION CONTACT: Steven Frankel, Office of Budget 
(HCFB-10), (202) 366-9649, or via email at Steven.Frankel@dot.gov or 
Adam Sleeter, Office of the Chief Counsel, (202) 366-8839, or via email 
at Adam.Sleeter@dot.gov. Office hours are from 8 a.m. to 4:30 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    This document may be viewed online under the docket number noted 
above through the Federal eRulemaking portal at: www.regulations.gov. 
An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's website at: www.federalregister.gov 
and the Government Publishing Office's website at: www.GovInfo.gov.

Background

    The regulation at 23 CFR 1.28 is obsolete. It relates to the 
implementation of a provision of law that was repealed in 1998. Prior 
to 1998, 23 U.S.C. 126 contained a provision that required the 
reduction of Federal-aid Highway Program apportionments (funds 
distributed by statutory formula) to a State if the State diverted 
State vehicle-related fees and taxes for uses other than construction, 
improvement, and maintenance of highways. This provision of law was 
repealed by Section 1226(d) of Public Law (Pub. L.) 105-178 
(``Transportation Equity Act for the 21st Century'' or TEA-21), as 
added by Public Law 105-206, title IX, sec.

[[Page 8412]]

9003(a), July 22, 1998, 112 Stat. 837 (``TEA-21 Restoration Act''). 
Since the enactment of the TEA-21 authorization in 1998, 23 U.S.C. 126 
(or a predecessor transfer provision) \1\ has governed the ability of 
States to transfer their apportioned funds among programs.
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    \1\ In 1998, section 1310(a) of TEA-21 located the transfer 
authority in 23 U.S.C. 110(a). In 1999, section 102(a) of the Motor 
Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, Dec. 9, 
1999, 113 Stat. 1752) redesignated that provision and moved the 
transfer authority to 23 U.S.C. 126.
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    All substantive requirements and provisions of 23 CFR 1.28 have 
been superseded by subsequent law. Therefore, the regulation at 23 CFR 
1.28 is obsolete and may be removed without adversely impacting the 
ability of FHWA or the State or local transportation departments to 
carry out the Federal-aid highway program.

Rulemaking Analyses and Notices

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an 
agency may waive the prior notice and opportunity for public comment 
requirements if it finds, for good cause, that the requirements are 
impracticable, unnecessary, or contrary to the public interest. The 
issuance of this rule without prior notice and opportunity for public 
comment is based on the good cause exception in 5 U.S.C. 553(b)(3)(B). 
Seeking public comment is unnecessary. This action is merely a 
ministerial action to remove a regulation from the CFR that has been 
rendered obsolete by the passage of subsequent legislation, and the 
removal of this regulation will have no substantive impact. The FHWA 
believes that, because the underlying statutory authority for this 
regulation has substantially changed since adopted, this final rule 
eliminates any confusion that may be caused by its existence in the 
CFR. For these reasons, FHWA does not anticipate receiving meaningful 
comments on a proposal to remove the regulation from the CFR and finds 
good cause to forgo notice and an opportunity for public comment.
    The APA also allows agencies, upon finding of good cause, to make a 
rule effective immediately upon publication (5 U.S.C. 553(d)(3)). For 
the same reasons discussed above, the Agency believes good cause exists 
for making this action effective immediately upon publication.

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

    The FHWA has determined that this action does not constitute a 
significant regulatory action within the meaning of Executive Order 
(E.O.) 12866 or within the meaning of DOT regulatory policies and 
procedures. This is a ministerial action to remove an obsolete 
regulation from the CFR. The removal of this regulation will have no 
substantive impact or economic impact; therefore, a full regulatory 
evaluation is not necessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354; 
5 U.S.C. 60l-612), FHWA has evaluated the effects of this final rule on 
small entities, such as local governments and businesses. This is a 
ministerial action to remove an obsolete regulation from the CFR. 
Administration of Federal-aid highway construction projects by small 
entities will not be affected by the deletion. Therefore, FHWA 
certifies that the action will not have a significant economic impact 
on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The FHWA has determined that this rule does not impose unfunded 
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995, 109 Stat. 48). The actions in this final rule 
will not result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of $155 
million or more in any 1 year (2 U.S.C. 1532) for either State, local, 
and Tribal governments in the aggregate, or by the private sector. 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)

    The FHWA has analyzed this final rule in accordance with the 
principles and criteria contained in E.O. 13132. Since is a ministerial 
action to remove an obsolete regulation from the CFR, FHWA has 
determined that this rule does not have federalism implications. The 
FHWA has also determined that this action does not preempt any State 
law or State regulation or affect the States' ability to discharge 
traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
program. State and local governments are not directly affected by this 
action because it is a ministerial action to remove an obsolete 
regulation from the CFR.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), 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 final rule does not contain collection of information requirements 
for the purposes of the PRA.

National Environmental Policy Act

    The FHWA has analyzed this final rule for the purposes of the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) and 
has determined that this action does not have any effect on the quality 
of the human and natural environment because it is a ministerial action 
to remove an obsolete regulation from the CFR.

Executive Order 13175 (Tribal Consultation)

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

Executive Order 12898 (Environmental Justice)

    E.O. 12898 requires that each Federal Agency make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minorities and low-income populations. FHWA has 
determined that this rule does not raise any environmental justice 
issues.

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action

[[Page 8413]]

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 number 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 1

    Grant programs--transportation, Highways and roads.

Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.

PART 1-- [REMOVED AND RESERVED]

0
In consideration of the foregoing, and under the authority of 23 U.S.C. 
315, 23 CFR 1.28, FHWA removes and reserves 23 CFR part 1.
[FR Doc. 2022-03173 Filed 2-14-22; 8:45 am]
BILLING CODE 4910-22-P