[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30333-30335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13903]



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: Final rule.


SUMMARY: The FHWA is approving the addition of Sheridan Boulevard (NY 
895) to the National Network (NN) and revising 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 

DATES: This rule is effective July 30, 2018.

FOR FURTHER INFORMATION CONTACT: For technical information, contact Ms. 
Caitlin Hughes, FHWA Office of Freight Management and Operations, (202) 
493-0457. 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 


Electronic Access and Filing

    This document and all comments received may be viewed 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: 


    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 
part 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-

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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 
part 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 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. The FHWA published a Notice of Proposal Rulemaking at 83 FR 
15524 on April 11, 2018, proposing to approve the addition of Sheridan 
Boulevard (NY 895) to the NN and to revise existing regulations (23 CFR 
part 658 Appendix A) to reflect the addition. The FHWA did not receive 
any comments to the NPRM and is adopting the changes as proposed.

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 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 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. 601-612), 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 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).

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 

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.

[[Page 30335]]

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.

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: June 21, 2018.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
    In consideration of the foregoing, the FHWA amends 23 CFR part 658, 
as set forth below:


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).

2. Amend Appendix A to Part 658 by adding an entry to the end of the 
New York portion of the table to read as follows:

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

* * * * *

              Route                      From                 To
                              * * * * * * *
                                New York
                              * * * * * * *
Sheridan Boulevard (NY 895).....  I-278 Bruckner      I-95 Cross Bronx
                                   Expressway.         Expressway.
                              * * * * * * *

[FR Doc. 2018-13903 Filed 6-27-18; 8:45 am]