[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15524-15526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07480]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 658

[FHWA Docket No. FHWA-2018-0016]
RIN 2125-AF82


Addition to the National Network

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The FHWA is proposing to approve the addition of Sheridan 
Boulevard (NY 895) to the National Network (NN) and to revise its 
regulations to reflect the addition. The facility currently known as 
``Interstate-895 Sheridan Expressway'' in New York City, located in 
Bronx County, will be reconstructed, removed from the National System 
of Interstate and Defense Highways (Interstate System) to accommodate 
new design features, and classified as an ``Urban Principal Arterial--
Other.'' This facility will be identified as the ``Sheridan Boulevard 
(NY 895).''

DATES: Comments must be received on or before April 23, 2018.

ADDRESSES: Mail or hand deliver comments to Docket Management Facility: 
U.S. Department of Transportation, 1200 New Jersey Avenue SE, 
Washington, DC 20590, submit comments electronically at http://www.regulations.gov.
    All comments should include the docket number that appears in the 
heading of this document. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notifications of receipt of comments must include a self-addressed, 
stamped postcard or may print the acknowledgment page that appears 
after submitting comments electronically. Anyone can search the 
electronic form of all comments in any one of our dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, or labor union). You 
may review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000, (Volume 65, Number 70, Pages 19477-78) or 
you may visit http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Ms. 
Crystal Jones, FHWA Office of Freight Management and Operations, (202) 
366-2976. For legal information, contact Mr. William Winne, Office of 
Chief Counsel, (202) 366-1397. Federal Highway Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590. Office hours are from 7:45 a.m. 
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at www.regulations.gov. It is available 24 hours 
each day, 365 days each year. Please follow the instructions online for 
more information and help.
    An electronic copy of this document may also be downloaded by 
accessing the Office of the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's web page at: 
http://www.access.gpo.gov/nara.

Background

    The NN consists of Interstate System routes (except exempted 
routes) and those non-Interstate System routes added through the 
rulemaking process. See 49 U.S.C. 31111(e)-(f) and 31113(e); 23 CFR 658 
Appendix A; see also 49 FR 23302 (June 5, 1984). To ensure that 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 
658.11, requests for additions to the NN must be submitted in writing 
to the appropriate FHWA Division Office and endorsed by the Governor or 
the Governor's authorized representative. Proposals for addition of 
routes to the NN must also be accompanied by an analysis of suitability 
based on the criteria in 23 CFR 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 November 10, 2017, FHWA received a request from the New York 
State Department of Transportation (NYSDOT) proposing a modification to 
the Interstate System. The request, available in the rulemaking docket, 
proposes the de-designation (removal from the Interstate System) of the 
Sheridan Expressway (I-895), approximately a 1.3-mile Interstate 
between the Bruckner Expressway (I-278) and the Cross Bronx Expressway 
(I-95). As part of the de-designation, the State also proposes the 
functional reclassification of this highway segment from an Interstate 
to ``Urban Principal Arterial--Other'' and to rename the road Sheridan 
Boulevard (NY-895). The physical alignment of the highway would be 
maintained and it would therefore continue to provide the same access 
for commercial vehicles as currently exists. The FHWA intends to act on 
this request pursuant to its regulatory authority on revisions to the 
Interstate System (23 CFR 470.115(a) and 23 CFR 658.11(d)) and guidance 
on Interstate System de-designations (https://www.fhwa.dot.gov/planning/national_highway_system/interstate_highway_system/withdrawalqa.cfm).
    The NYSDOT intends to keep Sheridan Boulevard (NY-895) in the NN. 
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 included the required analysis of 
suitability based on the criteria in 23 CFR 658.9, which includes a 
crash

[[Page 15525]]

analysis and safety study, and also documents effects on Interstate 
commerce, effects on alternate routes, effects on traffic operations, 
and consultation with local governments.
    The FHWA reviewed NYSDOT's proposal and affirms that the request to 
add a route to the NN is consistent with 23 CFR 658.9 and 658.11 with 
respect to the criteria for the NN and the procedures for additions to 
the NN. In this Notice of Proposal Rulemaking, FHWA is proposing to 
approve the addition of Sheridan Boulevard (NY 895) to the NN and to 
revise existing regulations (23 CFR 658 Appendix A) to reflect the 
addition.

Rulemaking Analyses and Notices

    As the Sheridan Expressway is already part of the NN due to its 
Interstate designation, FHWA has determined there would be no 
substantive impact to the public resulting from the addition of the 
reconstructed facility, Sheridan Boulevard, to the NN.

Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs), Executive Order 12866 (Regulatory Planning and Review), 
Executive Order 13563 (Improving Regulation and Regulatory Review), and 
DOT Regulatory Policies and Procedures

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). The FHWA 
has determined preliminarily that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 and is 
not significant within the meaning of DOT regulatory policies and 
procedures. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. It is anticipated that the economic impact 
of this rulemaking would be minimal. These changes would not adversely 
affect, in a material way, any sector of the economy. In addition, 
these changes would not interfere with any action taken or planned by 
another agency and would not materially alter the budgetary impact of 
any entitlements, grants, user fees, or loan programs. Consequently, a 
full regulatory evaluation is not required. Finally, this proposed rule 
is not an E.O. 13771 regulatory action because it is not significant 
under E.O. 12866.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 60l-612) the FHWA has evaluated the effects of this action on 
small entities and has determined that the action would not have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations under 50,000. This action does not affect any funding 
distributed under any of the programs administered by FHWA. For these 
reasons, FHWA certifies that this action would not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule would not impose unfunded mandates as defined by the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). 
This proposed rule would not result in the expenditure by State, local, 
and Tribal governments, in the aggregate, or by the private sector, of 
$148.1 million or more in any one year (2 U.S.C. 1532). Further, in 
compliance with the Unfunded Mandates Reform Act of 1995, the agencies 
will evaluate any regulatory action that might be proposed in 
subsequent stages of the proceeding to assess the effects on State, 
local, and Tribal governments and the private sector.

Executive Order 13132 (Federalism Assessment)

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

Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use, dated May 18, 2001. We have determined that it is 
not a significant energy action under that order since it is not likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy. Therefore, a Statement of Energy Effects is not 
required.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.

Paperwork Reduction Act

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

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    The FHWA has analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. The FHWA certifies that this action would not cause any 
environmental risk to health or safety that might disproportionately 
affect children.

Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this rule under Executive Order 12630, 
Governmental Actions and Interface with Constitutionally Protected 
Property Rights. The FHWA does not anticipate that this action would 
affect a taking of private property or otherwise have taking 
implications under Executive Order 12630.

National Environmental Policy Act

    The Agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any effect on the quality of 
the environment.

[[Page 15526]]

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 April and October of each year. The RIN 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 658

    Grants Program--transportation, Highways and roads, Motor carriers.

    Issued on: April 6, 2018.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA proposes to amend 23 
CFR part 658, as set forth below:

PART 658--TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS--LENGTH, WIDTH 
AND WEIGHT LIMITATIONS

0
1. The authority citation for part 658 continues to read as follows:

    Authority:  23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 
31114; sec. 347, Pub. L. 108-7, 117 Stat. 419; sec. 756, Pub. L. 
109-59, 119 Stat. 1219; sec. 115, Pub. L. 109-115, 119 Stat. 2408; 
49 CFR 1.48(b)(19) and (c)(19).

0
2. Amend Appendix A to Part 658 by adding an entry to the New York 
portion of the table:

Appendix A to Part 658--National Network--Federally--Designated Routes

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            Route                     From                   To
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                                New York
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                              * * * * * * *
Sheridan Boulevard (NY 895).  I-278 Bruckner        I-95 Cross Bronx
                               Expressway.           Expressway.
 
                              * * * * * * *
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[FR Doc. 2018-07480 Filed 4-10-18; 8:45 am]
 BILLING CODE 4910-22-P