[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Pages 45179-45180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20804]



Federal Highway Administration

23 CFR Part 490

[Docket No. FHWA-2013-0054]
RIN 2125-AF54

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 regulation; announcement of effective date.


SUMMARY: This document announces the effective date for specific 
portions of the 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 Final Rule (PM#3).

DATES: The effective date of the amendments to 23 CFR 490.105(c)(5) and 
(d)(1)(v), 490.107(b)(1)(ii)(H), (b)(2)(ii)(J), (b)(3)(ii)(I), and 
(c)(4), 490.109(d)(1)(v) and (f)(1)(v), 490.503(a)(2), 490.505 
(Definition of Greenhouse gas (GHG)), 490.507(b), 490.509(f), (g) and 
(h), 490.511(a)(2), (c), (d), and (f), and 490.513(d) published on 
January 18, 2017, at 82 FR 5970, is September 28, 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 


Electronic Access and Filing

    A copy of the Notice of Proposed Rulemaking (NPRM), all comments 
received, the Final Rule, and all background material may be viewed 
online at http://www.regulations.gov using the docket numbers listed 
above. A copy of this document will be placed on the 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.


    On May 19, 2017, at 82 FR 22879, FHWA announced that the majority 
of the PM#3 Final Rule would become effective on May 20, 2017, and that 
the portions of the PM#3 Final Rule pertaining to the measure on the 
percent change in CO2 emissions from the reference year 
2017, generated by on-road mobile sources on the National Highway 
System (the GHG) measure would be further suspended pending additional 
    This document confirms that the following sections of the Final 
Rule are effective as of September 28, 2017:

1. 23 CFR 490.105(c)(5)
2. 23 CFR 490.105(d)(1)(v)
3. 23 CFR 490.107(b)(1)(ii)(H)
4. 23 CFR 490.107(b)(2)(ii)(J)
5. 23 CFR 490.107(b)(3)(ii)(I)
6. 23 CFR 490.107(c)(4)
7. 23 CFR 490.109(d)(1)(v)
8. 23 CFR 490.109(f)(1)(v)
9. 23 CFR 490.503(a)(2)

[[Page 45180]]

10. 23 CFR 490.505 (Definition of Greenhouse gas (GHG))
11. 23 CFR 490.507(b)
12. 23 CFR 490.509(f)
13. 23 CFR 490.509(g)
14. 23 CFR 490.509(h)
15. 23 CFR 490.511(a)(2)
16. 23 CFR 490.511(c)
17. 23 CFR 490.511(d)
18. 23 CFR 490.511(f)
19. 23 CFR 490.513(d).
    The FHWA recognizes that there are short timeframes to comply with 
the October 1, 2018 reporting deadline. However, FHWA expects that the 
burden to comply with the upcoming reporting deadline will be minimal, 
consisting mostly of preliminary target-setting activities using 
existing data sources.
    The FHWA has initiated additional rulemaking procedures proposing 
to repeal the GHG measure (RIN 2125-AF76) and anticipates publishing an 
NPRM in 2017 with a goal of issuing a Final Rule in Spring 2018.

Waiver of Rulemaking

    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 these 
requirements here as unnecessary, because this rule merely ceases the 
suspension of the Final Rule pending additional rulemaking, as provided 
for in the May 19, 2017 document at 82 FR 22879, thus putting in effect 
the requirements of the above-referenced sections of the Final Rule as 
previously promulgated after notice and comment. The cessation of the 
suspension is therefore not significant in nature and impact, and does 
not impose new burdens on State departments of transportation and 
Metropolitan Planning Organizations.

List of Subjects in 23 CFR Part 490

    Bridges, Highway safety, Highways and roads, Incorporation by 
reference, Reporting and recordkeeping requirements.

    Issued on: September 22, 2017.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2017-20804 Filed 9-25-17; 4:15 pm]