[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Pages 59568-59570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24156]



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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 614

[Docket No. FTA-2019-000X]
RIN 2132-AB37


Transportation Infrastructure Management

AGENCY: Federal Transit Administration (FTA), Department of 
Transportation.

ACTION: Final rule.

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SUMMARY: This rulemaking rescinds an FTA regulation that cross-
references the Management and Monitoring Systems regulation for the 
Federal Highway Administration (FHWA). The statutory basis for FHWA's 
regulation was rescinded by legislation in 2012.

DATES: This final rule is effective on November 5, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Montgomery, Office of Chief 
Counsel, (202) 366-1017 or [email protected]. Office hours are 
from 9 a.m. to 5:30 p.m., ET, Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    This document is viewable online through the Federal eRulemaking 
portal at http://www.regulations.gov. Retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days a 
year. An electronic copy of this document is available for download 
from the Office of the Federal Register home page at: http://www.ofr.gov and the Government Publishing Office web page at: http://www.gpo.gov.

Background

    Part 614 of title 49, Code of Federal Regulations, cross-references 
the Management and Monitoring Systems regulation for the Federal 
Highway Administration (FHWA) at 23 CFR part 500. That part implements 
section 1034 of the Intermodal Surface Transportation Efficiency Act 
(Pub. L. 102-240) (ISTEA), which amended title 23, United States Code, 
by adding section 303 (Section 303). Section 303 required the Secretary 
of Transportation to promulgate regulations for State development, 
establishment, and implementation of systems for managing: Highway 
pavement of Federal-aid highways (PMS); bridges on and off Federal-aid 
highways (BMS); highway safety (SMS); traffic congestion (CMS); public 
transportation facilities and equipment (PTMS); intermodal 
transportation facilities and systems (IMS); and a system for 
monitoring highway and public transportation facilities and equipment 
(TMS). However, the National Highway System Designation Act of 1995 
(NHS Act) amended section 303 to allow a State to elect not to 
implement, in whole or in part, any one or more of the management 
systems required under the section, except for CMS in transportation 
management areas (TMA), and removed the management system certification 
and sanction requirements. As a result, FTA and FHWA issued a final 
rule on December 19, 1996, 16 FR 67166-175, which reflected this State 
option and contained only minimum requirements for those systems that a 
State could choose to implement under the provisions of section 303.
    Since the 1996 update to 23 CFR part 500, section 1519(b) of the 
Moving Ahead for Progress in the 21st Century (MAP-21) Act (Pub. L. 
112-141) repealed section 303, which is the statutory basis for the 
regulation. Accordingly, FTA is issuing this final rule to rescind 49 
CFR part 614, which cross-references 23 CFR part 500. This deregulatory 
action will not negatively impact safety, because congestion 
management, the only management system required under part 500, is 
still mandated by 23 CFR part 450.

Discussion of the Changes

    This action rescinds 49 CFR part 614, which cross-references FHWA's 
Management and Monitoring Systems regulation at 23 CFR part 500, 
because the statutory basis for FHWA's regulation, 23 U.S.C. 303, was 
repealed by MAP-21. While 49 CFR part 614 cites 49 U.S.C. 5303-5305 as 
additional statutory authority, the requirements set forth in those 
statutes that overlap with the now-repealed 23 U.S.C. 303 are 
implemented through other FTA regulations. Of the four provisions of 
section 303 and 23 CFR part 500 that apply to FTA--IMS, CMS, PTMS, and 
TMS--only CMS is required explicitly by FTA statute, at 49 U.S.C. 
5303(k)(3). Whereas 49 CFR 500.105 requires the metropolitan 
transportation planning process to include a CMS, the regulations at 23 
CFR 450.322 (cross-referenced by 49 CFR part 613) also effectively 
implement the CMS requirement, which will continue to be imposed after 
this rule becomes effective.
    Moreover, although not explicitly required by any FTA statute, 
current regulations cover management systems like IMS and PTMS. For 
example, the metropolitan and statewide planning processes require the 
integrated management and operation of the intermodal transportation 
system, similar to IMS, at 49 U.S.C. 5303(c)(2) and 5304(a)(2), and 49 
CFR part 613 (cross-referencing 23 CFR part 450). Further, transit 
asset management incorporates much of the PTMS requirement at 49 U.S.C. 
5326, and 49 CFR part 625. As a result, the requirements set forth in 
49 CFR part 614 are either superfluous or duplicative.

Good Cause for Dispensing With Notice and Comment and Delayed Effective 
Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an 
agency may waive the normal notice and comment procedure if it finds, 
for good cause, that it is impracticable, unnecessary, or contrary to 
the public interest. Additionally, 5 U.S.C. 553(d) provides that an 
agency may waive the 30-day delayed effective date upon finding of good 
cause.
    Section 1519(b) of MAP-21 repealed section 23 U.S.C. 303 to remove 
the requirement that states implement the management systems enumerated 
in 23 CFR part 500. Because 49 CFR part 614 cross-references this 
regulation, FTA finds good cause that notice and comment for this rule 
is unnecessary due to the nature of the revisions (i.e., the rule 
simply carries out the nondiscretionary statutory language found in 
MAP-21). The statutory language does not require regulatory 
interpretation to carry out its intent, and comments cannot alter the 
regulation given that the statute abrogated its purpose. Further, the 
delayed effective date is unnecessary because the removal of the 
management systems requirement was already made effective by MAP-21. 
Accordingly, FTA finds good cause under 5 U.S.C. 553(b)(3)(B) and 
(d)(3) to waive notice and opportunity for comment and the delayed 
effective date.

Rulemaking Analyses and Notices

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

    FTA has determined that this rulemaking is not a significant 
regulatory action within the meaning of Executive Order 12866, and 
within the meaning of DOT regulatory policies and procedures. This 
action complies with Executive Orders 12866, 13563 and 13771 to improve 
regulation.

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Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs)

    This final rule is considered an E.O. 13771 deregulatory action.

Regulatory Flexibility Act

    Because FTA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive 
notice and opportunity for comment for this rule, the provisions of the 
Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do not 
apply. FTA evaluated the effects of this action on small entities and 
determined the action would not have a significant economic impact on a 
substantial number of small entities. FTA hereby certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act of 1995

    FTA 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). This rule does not include a 
Federal mandate that may result in expenditures of $155.1 million or 
more in any 1 year (when adjusted for inflation) in 2012 dollars for 
either State, local, and tribal governments in the aggregate, or by the 
private sector. Additionally, 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 Transit Act 
permits this type of flexibility.

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to assure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 13132 dated August 4, 1999, and FTA determined this action will 
not have a substantial direct effect or sufficient federalism 
implications on the States. FTA also determined this action will not 
preempt any State law or regulation or affect the States' ability to 
discharge traditional State governmental functions.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities apply 
to this program. This E.O. applies because State and local governments 
would be directly affected by the regulation. Local entities should 
refer to the Catalog of Federal Domestic Assistance Program Number 
20.505, Metropolitan Transportation Planning and State and Non-
Metropolitan Planning and Research, for further information.

Paperwork Reduction Act

    Federal agencies must obtain approval from the Office of Management 
and Budget (OMB) for each collection of information they conduct, 
sponsor, or require through regulations. FTA has analyzed this rule 
under the Paperwork Reduction Act and believes that it does not impose 
additional information collection requirements for the purposes of the 
Act above and beyond existing information collection clearances from 
OMB.

National Environmental Policy Act

    Federal agencies are required to adopt implementing procedures for 
the National Environmental Policy Act (NEPA) that establish specific 
criteria for, and identification of, three classes of actions: (1) 
Those that normally require preparation of an Environmental Impact 
Statement, (2) those that normally require preparation of an 
Environmental Assessment, and (3) those that are categorically excluded 
from further NEPA review (40 CFR 1507.3(b)). This rule qualifies for 
categorical exclusions under 23 CFR 771.118(c)(4) (planning and 
administrative activities that do not involve or lead directly to 
construction). FTA has evaluated whether the rule will involve unusual 
or extraordinary circumstances and has determined that it will not.

Executive Order 12630 (Taking of Private Property)

    FTA has analyzed this rule under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights. FTA does not believe this rule effects a taking of 
private property or otherwise has taking implications under Executive 
Order 12630.

Executive Order 12988 (Civil Justice Reform)

    This rule 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)

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

Executive Order 13175 (Tribal Consultation)

    FTA has analyzed this rule under Executive Order 13175, dated 
November 6, 2000, and believes that it will not have substantial direct 
effects on one or more Indian tribes; will not impose substantial 
direct compliance costs on Indian tribal governments; and will not 
preempt tribal laws. Therefore, a tribal summary impact statement is 
not required.

Executive Order 13211 (Energy Effects)

    FTA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FTA has determined that this action is not a 
significant energy action under that order and 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 12898 (Environmental Justice)

    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations) and DOT 
Order 5610.2(a) (77 FR 27534, May 10, 2012) (available online at 
https://www.govinfo.gov/content/pkg/FR-2012-05-10/pdf/2012-11309.pdf) 
require DOT agencies to achieve Environmental Justice (EJ) as part of 
their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects, including interrelated social and economic effects, of their 
programs, policies, and activities on minority and low-income 
populations. All DOT agencies must address compliance with Executive 
Order 12898 and the DOT Order in all rulemaking activities. On August 
15,

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2012, FTA's Circular 4703.1 became effective, which contains guidance 
for recipients of FTA financial assistance to incorporate EJ principles 
into plans, projects, and activities (available online at http://www.fta.dot.gov/documents/FTA_EJ_Circular_7.14-12_FINAL.pdf).
    FTA has evaluated this action under the Executive Order, the DOT 
Order, and the FTA Circular. FTA has determined that this action will 
not cause disproportionately high and adverse human health and 
environmental effects on minority or low-income populations.

List of Subjects in 49 CFR Part 614

    Grant programs--transportation, Mass transportation.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.90:
K. Jane Williams,
Acting Administrator.

PART 614--[REMOVED AND RESERVED]

0
In consideration of the foregoing, and under the authority of Public 
Law 112-141, amend 49 CFR chapter VI by removing part 614.

[FR Doc. 2019-24156 Filed 11-4-19; 8:45 am]
 BILLING CODE P