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
21 March 2017
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14438-14439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05518]
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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: This document announces the further extension of the effective
date of the following regulations until May 20, 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: As of March 21, 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, delayed until March 21, 2017 on February 13,
2017 at 82 FR 10441, is further delayed to May 20, 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 May 20, 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 delayed the effective date of both regulations to March 21, 2017
on February 13, 2017 at 82 FR 10441. After conducting a preliminary
review, the Department is delaying the effective dates of the
regulations for an additional 60 days as listed below:
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RIN Title Agency contact Original effective date Delayed effective date
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2125-AF53.......... Assessing Francine Shaw February 17, 2017.......... May 20, 2017.
Pavement Whitson, Office
Condition for of
the National Infrastructure,
Highway 202-366-8028.
Performance
Program and
Bridge
Condition for
the National
Highway
Performance
Program.
2125-AF54.......... Assessing Francine Shaw February 17, 2017.......... May 20, 2017.
Performance of Whitson, Office
the National of
Highway System, Infrastructure,
Freight 202-366-8028.
Movement on the
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 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.
[[Page 14439]]
List of Subjects in 23 CFR Part 490
Bridges, Highway safety, Highways and roads, Incorporation by
reference, Reporting and recordkeeping requirements.
Issued on: March 15, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. 2017-05518 Filed 3-20-17; 8:45 am]
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