Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4857 

submitting written comments, data, or 

views. Comments are specifically 

invited on the proposal’s overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only once if 

comments are filed electronically, or 

commenters should send only one copy 

of written comments if comments are 

filed in writing. 

The FAA will file in the docket all 

comments it receives and a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible without incurring expense or 

delay. The FAA may change this 

proposal in light of the comments it 

receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), the DOT solicits comments from 

the public to inform its rulemaking 

process better. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can be accessed through the 

FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Ave., College Park, GA, 

30337. 

Incorporation by Reference 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

incorporated by reference in 14 CFR 

71.1 annually. This document proposes 

to amend the current version of that 

order, FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023. These 

updates will be published in the next 

FAA Order JO 7400.11 update. FAA 

Order JO 7400.11H is publicly available 

as listed in the ADDRESSES section of this 

document. FAA Order JO 7400.11H lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to amend Class E 

airspace extending upward from 700 

feet above the surface for Barrow County 

Airport, Winder, GA, by updating the 

airport name (formerly Winder Airport) 

and geographic coordinates to coincide 

with the FAA’s database. Also, the FAA 

is proposing to amend the radius by 

increasing it to 7.1 miles (previously 6.5 

miles), which is consistent with the 

outcome of an airspace evaluation. 

Controlled airspace is necessary for the 

area’s safety and management of 

instrument flight rules (IFR) operations. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO GA E5 Winder, GA [Amended] 

Barrow County Airport, GA 

(Lat 33°58′58′′ N, long 83°40′02′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Barrow County Airport. 

* * * * * 

Issued in College Park, Georgia, on January 

18, 2024. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2024–01429 Filed 1–24–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[Docket No. FHWA–2023–0014] 

RIN 2125–AG06 

National Performance Management 

Measures; Extenuating Circumstances, 

Highway Performance Monitoring 

System Data Field Names, Safety 

Performance Measure, Pavement 

Condition Measure, and Freight 

Performance Measure 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice of Proposed Rulemaking 

(NPRM); request for comments. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4858 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

SUMMARY: This rulemaking proposes 

updates to the National Performance 

Management Measures regulations to 

consider impacts of national 

emergencies on performance 

achievement, address compliance 

determinations and penalty assessment 

for the pavement condition measures, 

clarify data collection standards and 

requirements, adjust freight reporting to 

align with the 4-year update cycle for 

State Freight Plans in the Bipartisan 

Infrastructure Law (BIL), and provide 

select clarifying technical corrections. 

The rulemaking would also incorporate 

by reference the Highway Performance 

Monitoring System (HPMS) Field 

Manual, which includes updated fields 

related to the collection of 

Transportation Performance 

Management (TPM) data. This 

rulemaking also would provide for 

greater opportunities for meaningful 

safety performance targets and 

outcomes, consider approaches to 

alternative safety performance 

measures, and align performance targets 

for the three common measures that 

must be identical with the National 

Highway Traffic Safety Administration 

(NHTSA). 

DATES: Comments must be received on 

or before February 26, 2024. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit comments by only one of 

the following means: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (202) 366–9329. 

All submissions should include the 

agency name and the docket number 

that appears in the heading of this 

document or the Regulation Identifier 

Number (RIN) for the rulemaking. All 

comments received will be posted 

without change to www.regulations.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Alexis Kuklenski, Office of 

Infrastructure (HIF), (202) 689–9229, or 

via email at alexis.kuklenski@dot.gov, or 

Ms. Dawn Horan, Office of the Chief 

Counsel (HCC–30), (202) 366–9615, or 

via email at Dawn.M.Horan@dot.gov. 

Office hours are from 8 a.m. to 4:30 

p.m., E.T., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document and all comments 

received may be viewed online through 

the Federal eRulemaking portal at 

www.regulations.gov using the docket 

number listed above. Electronic retrieval 

help and guidelines are also available at 

www.regulations.gov. An electronic 

copy of this document may also be 

downloaded from the Office of the 

Federal Register’s website at 

www.FederalRegister.gov and the 

Government Publishing Office’s website 

at www.GovInfo.gov. 

All comments received before the 

close of business on the comment 

closing date indicated above will be 

considered and will be available for 

examination in the docket at the above 

address. Comments received after the 

comment closing date will be filed in 

the docket and will be considered to the 

extent practicable. In addition to late 

comments, FHWA will also continue to 

file relevant information in the docket 

as it becomes available after the 

comment period closing date and 

interested persons should continue to 

examine the docket for new material. A 

final rule may be published at any time 

after close of the comment period and 

after DOT has had the opportunity to 

review the comments submitted. 

I. Background and Regulatory History 

The Moving Ahead for Progress in the 

21st Century Act (MAP–21) (Pub. L. 

112–141) and the Fixing America’s 

Surface Transportation (FAST) Act 

(Pub. L. 114–94) transformed the 

Federal-aid highway program by 

establishing performance management 

requirements. On November 14, 2021, 

President Biden signed the BIL, enacted 

as the Infrastructure Investment and 

Jobs Act (Pub. L. 117–58), which 

continued the performance management 

requirements. Such requirements aim to 

increase accountability and 

transparency and facilitate efficient 

investment of Federal transportation 

funds through a focus on performance 

outcomes for seven national 

transportation goals concerning safety, 

infrastructure condition, congestion 

reduction, system reliability, freight 

movement and economic vitality, 

environmental sustainability, and 

reduced project delivery delays. See 23 

U.S.C. 150(b). Through performance 

management, recipients of Federal-aid 

highway funds make transportation 

investments to achieve performance 

targets that make progress toward those 

national goals. The FHWA’s 

performance management regulations 

created a framework to more effectively 

evaluate and report on the Nation’s 

surface transportation performance. The 

FHWA’s performance management 

requirements are codified in 23 CFR 

part 490. 

Most relevant to the proposed 

rulemaking, the performance 

management framework requires State 

departments of transportation (State 

DOT) to biennially establish 

performance targets related to the 

National Highway Performance Program 

(NHPP) and National Highway Freight 

Program (NHFP) Congestion Mitigation 

and Air Quality Improvement Program. 

State DOTs then report progress towards 

those targets biennially per § 490.107. 

In addition, FHWA conducts a 

biennial assessment of the State DOT’s 

progress toward the achievement of 

individual NHPP and NHFP targets. 

This assessment is commonly called the 

significant progress determination. If a 

State DOT fails to make significant 

progress toward the achievement of an 

applicable target, additional reporting to 

document how progress will be made is 

required for all targets in the measure 

area. 

For the freight measure only, as part 

of the biennial reporting, the State DOT 

also provides the location of truck 

freight bottlenecks within the State and 

reports on progress toward addressing 

the congestion at these locations. The 

regulation allows the State DOT to use 

their State Freight Plan prepared under 

49 U.S.C. 70202 to meet these 

requirements when it is less than 2 

years old. 

As part the State DOT’s biennial 

reporting, the State DOT can provide an 

explanation of how any extenuating 

circumstances listed in the regulation 

prevented it from making significant 

progress toward the achievement of an 

individual target. The State DOT must 

also quantify the impacts on the 

condition/performance that resulted 

from the extenuating circumstance(s). 

The FHWA expects that the application 

of extenuating circumstances would 

occur for unique events and would not 

be regularly applied. If FHWA accepts 

the State DOT’s explanation, FHWA 

classifies the progress toward achieving 

the relevant target(s) as ‘‘progress not 

determined,’’ and those targets are 

excluded from the requirement to make 

significant progress toward the 

achievement of applicable targets. 

In addition, for the Interstate System 

pavement condition measures, 

§§ 490.105(c)(1) and (c)(2), State DOTs 

are allowed to have no more than 5.0 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4859 

1Uniform Procedures for State Highway Safety 

Grant Programs Final Rule: https://www.federal

register.gov/documents/2023/02/06/2023-01819/ 

uniform-procedures-for-state-highway-safety-grantprograms. 

percent of their Interstate System in 

poor condition. Alaska alone is not 

allowed to exceed 10.0 percent. The 

minimum condition requirements for 

Interstate pavements are described in 

§ 490.316. When a State DOT exceeds 

the minimum condition level for 

Interstate pavements, penalties apply, as 

described in § 490.317. To determine if 

the penalty will apply, FHWA annually 

determines if the State DOT is in 

compliance with the minimum 

condition thresholds in § 490.315(a) or 

§ 490.315(b) and 23 U.S.C. 119(f)(1). 

The five safety measures listed at 

§ 490.205 have a slightly different target 

setting and reporting framework than 

the other TPM measures in 23 CFR part 

490. For the five safety measures, each 

performance measure is based on a 5- 

year rolling average, and targets are 

established annually consistent with 

§ 490.209. The State DOT targets are to 

be identical to the targets established by 

the State Highway Safety Office for 

common performance measures 

reported in the State’s Highway Safety 

Plan, subject to the requirements of 23 

U.S.C. 402(k)(4), and as coordinated 

through the State Strategic Highway 

Safety Plan. The targets established by 

the State DOT are reported to FHWA in 

the State’s Highway Safety Improvement 

Program (HSIP) annual report in 

accordance with 23 CFR part 924. As 

with the other measures, FHWA 

assesses the State DOT’s progress 

toward the achievement of its safety 

targets. This assessment is commonly 

called the significant progress 

determination. If a State DOT fails to 

meet or make significant progress 

toward the achievement of four of the 

five safety targets, the State DOT must 

comply with 23 U.S.C. 148(i) for the 

subsequent three fiscal years. This 

means that State DOTs would be 

submitting a single HSIP 

Implementation Plan covering the next 

three fiscal years and must use their 

obligation authority equal to the 

apportionment of the State for the prior 

year for the next three fiscal years only 

for highway safety improvement 

projects. The FHWA invites comments 

on this proposed approach. 

A. Summary of Expected Schedule for 

Implementation 

The FHWA understands that the 

timing of this rulemaking will impact 

performance cycle data submission. The 

FHWA will develop phase-in timeframe 

compliance dates and other 

implementation guidance at the 

conclusion of the rulemaking process. 

Under Subpart B, FHWA proposes to 

align the target setting performance 

cycle with NHTSA’s final rule 1 that sets 

forth two new requirements with 

respect to the safety performance targets 

set by the State Highway Safety Office 

(HSO): (1) States must develop a 

triennial HSP and (2) performance 

targets must demonstrate constant or 

improved performance. The proposed 

changes to the FHWA regulation would 

shift the reporting cycle of the HSIP 

performance targets from an annual to a 

triennial cycle. 

If this new regulatory language goes 

into effect, the next triennial cycle 

under these proposed revised 

requirements is expected to be for the 

HSIP safety performance targets 

reported in August 2024 representing 

safety performance for calendar years 

2025 through 2027, based on a 3-year 

average. However, this cycle will not 

align with NHTSA’s current triennial 

cycle (2024–2026) for the safety 

performance targets submitted by State 

HSOs in their triennial Highway Safety 

Plans (3HSP) in July 2023. As a result, 

FHWA is seeking comment on how to 

approach aligning FHWA’s triennial 

cycle with NHTSA’s triennial cycle. 

One option would be for FHWA to 

require States to align with NHTSA’s 

2024–2026 triennial cycle in their 

August 2024 HSIP Annual Report. This 

would require States to retroactively 

report 2024 data for their first triennial 

cycle (2024–2026) in their August 2024 

HSIP Annual Report. Under this option, 

States could choose to submit the 

established targets that SHSOs 

submitted to NHTSA in July 2023, or 

work with the SHSOs to reset the 

triennial targets so it is identical for the 

common safety performance measures. 

Another option for consideration 

would be to waive the requirement for 

identical performance targets between 

NHTSA and FHWA programs for CY 

2025 and CY 2026 and have the State 

DOTs continue to submit annual safety 

performance targets based on 5-year 

averages (as per the current regulation) 

in their HSIP Annual Reports until 

NHTSA’s next triennial cycle (2027– 

2029). This option would require State 

DOTs to first report identical targets for 

the common safety performance 

measures in their August 2026 HSIP 

Annual Report for CY 2027 through 

2029, based on a 3-year average, which 

would align with the safety performance 

targets submitted by State HSOs in the 

3 HSP in July 2026. The FHWA 

specifically requests comments 

regarding this topic. 

II. Section-by-Section Discussion of the 

Proposed Changes 

The FHWA proposes substantive 

changes to three subparts of 23 CFR part 

490: Subpart A—General Information, 

which applies to all of the regulations 

throughout part 490; Subpart B— 

National Performance Management 

Measures for the Highway Safety 

Improvement Program; and Subpart E— 

National Performance Management 

Measures to Assess Performance of the 

National Highway System. This section 

of the preamble describes the proposed 

changes and the reasons behind them. 

The FHWA has also proposed several 

non-substantive changes throughout the 

regulatory text to remove the phrase 

‘‘and/or’’ and replace it with ‘‘and’’ or 

‘‘or’’, as appropriate, to provide 

increased clarity. The proposed rule 

would apply to the 50 States, the 

District of Columbia, and Puerto Rico 

consistent with the definition of the 

term ‘‘State’’ in 23 U.S.C. 101(a). The 

FHWA has included questions to the 

public on issues where comments may 

be particularly useful in facilitating 

implementation of the proposals. 

A. Subpart A—General Information 

Section 490.103 Data Requirements 

The FHWA proposes to add 

§ 490.103(h) to allow a temporary 

extension of any date within the part for 

good cause, unless an extension of that 

date is prohibited by law. The FHWA 

desires to have, and be able to exercise, 

flexibility when unforeseen 

circumstances arise that would cause 

undue hardship on the State DOTs or 

Metropolitan Planning Organizations 

(MPO) when complying with the 

provisions in this part. 

Section 490.107 Reporting on 

Performance Targets 

The FHWA proposes to revise 

paragraphs of § 490.107 to align with 

section 21104(c) of the BIL, which 

amended the State Freight Plan 

requirements of 49 U.S.C. 70202(e). 

State DOTs are now required to update 

their State Freight Plans every 4 years, 

as opposed to the 5 years that were 

required by the FAST Act. Congress 

made this change through BIL to better 

align the timing of State Freight Plan 

updates with other State transportation 

planning efforts, including the TPM 

Program established under MAP–21. 

Since BIL created a 4-year update cycle 

for State Freight Plans, there will now 

be an updated State Freight Plan within 

each 4-year TPM reporting cycle. 

The FHWA is proposing to remove 

the text in §§ 490.107(b)(1)(ii)(E) and 

490.107(b)(2)(ii)(D) that requires a State 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4860 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

2National Performance Management Measures; 

Assessing Pavement Condition for the National 

Highway Performance Program and Bridge 

Condition for the National Highway Performance 

Program [RIN 2125–AF53], 82 FR 5886 at page 5921 

(January 18, 2017). 

Freight Plan prepared under 49 U.S.C. 

70202 be done within the previous 2- 

years for it to be used as the basis for 

identifying freight bottlenecks and 

addressing congestion at truck freight 

bottlenecks in the biennial report. The 

FHWA’s proposal would allow the most 

recent State Freight Plan prepared under 

49 U.S.C. 70202 to be used. 

In § 490.107(b)(2)(ii)(D), for the Mid 

and Full Performance Period Progress 

Report, if the State Freight Plan has not 

been updated in the last 2 years, ‘‘then 

an updated analysis of congestion at 

truck freight bottlenecks must be 

completed.’’ Some State DOTs 

misinterpreted this as requiring the 

submission of an updated bottleneck 

list. The FHWA is proposing revisions 

to clarify FHWA’s expectation State 

DOTs will identify bottlenecks at the 

baseline and will provide a discussion 

of progress toward addressing 

congestion at those points in the Mid 

and Full Performance Period Progress 

Reports. The proposed change is 

intended to clarify expectations but not 

change them. 

In addition, as part of the Mid and 

Full Performance Period Progress 

Reports, the State DOT must discuss 

their efforts to address congestion at 

truck freight bottlenecks and the State 

Freight Plan may serve as the basis for 

discussing how congestion has been 

addressed at truck freight bottlenecks. 

The FHWA is proposing to add language 

to § 490.107(b)(2)(ii)(D) to clarify that 

the State DOT needs to update the 

information from the previous State 

Biennial Performance Report. If the 

information in the previous State 

Biennial Performance Report was from 

the current State Freight Plan, this 

information needs to be reviewed and 

updated as necessary with the next State 

Biennial Performance Report. This 

clarification is consistent with FHWA’s 

existing guidance. 

The FHWA has also proposed a 

technical correction to 

§ 490.107(b)(2)(ii)(D) and 

490.107(b)(3)(ii)(D). The FHWA is 

proposing to change ‘‘. . . paragraph 

(b)(1)(ii)(F) . . .’’ to ‘‘. . . paragraph 

(b)(1)(ii)(E) . . .’’ in both locations. 

Section 490.109 Assessing Significant 

Progress Toward Achieving the 

Performance Targets for the National 

Highway Performance Program and the 

National Highway Freight Program 

The FHWA proposes to add 

specificity to the paragraph reference in 

§ 490.109(e)(4)(ii) from (d)(1) to (d)(1)(i), 

and revise the paragraph reference in 

§ 490.109(e)(4)(iv) from (d)(3) to 

(d)(1)(iii). These are technical 

corrections to the cross references and 

do not change the intent of the 

regulations. 

The FHWA proposes to correct the 

paragraph reference in 

§ 490.109(e)(4)(iii) from (d)(2) to 

(d)(1)(ii), and correct § 490.313(b)(4)(i) 

by changing it to § 490.313(b)(4)(ii) to 

align with the changes proposed to 

§ 490.313(b)(4). These are technical 

corrections that are not intended to 

change the requirements in 

§ 490.109(e)(4)(iii). 

The FHWA proposes to revise 

§ 490.109(e)(4)(v) to clarify FHWA’s 

approach for determining significant 

progress when reported data for baseline 

condition/performance is determined 

‘‘insufficient’’ in the year in which the 

Baseline Performance Period Report is 

due to FHWA. This approach was 

previously documented in the preamble 

for the 2017 Final Rule for the pavement 

and bridge performance measures.2 If 

the data for baseline condition/ 

performance is determined insufficient, 

the comparison between the baseline 

condition/performance and the actual 

condition/performance cannot be made. 

In this situation, FHWA will make a 

significant progress determination for 

that measure by comparing the target to 

the actual condition/performance. The 

FHWA will determine that a State DOT 

has not made significant progress 

toward the achievement of a target if 

data for the baseline condition/ 

performance was determined 

insufficient previously, and the actual 

condition/performance level is not 

equal to or better than the established 

target. The proposed revision to the 

regulatory text is a technical correction 

that does not change the intent or 

application of the regulation. 

The FHWA proposes to amend 

§ 490.109 by adding a new paragraph 

(e)(5)(ii)(D) providing that an applicable 

extenuating circumstance includes a 

presidentially declared national 

emergency, which would cover events 

such as national public health 

emergencies. With various 

governmental units and agencies 

possibly having the ability to declare 

disasters, FHWA proposes to clarify in 

§ 490.109 that natural or man-made 

disasters must be declared under the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act. The 

inclusion of this regulatory language is 

necessary to enable State DOTs to 

request relief from the requirements for 

not making significant progress toward 

achieving their performance targets 

because of extenuating circumstances 

due to the impacts of a presidentially 

declared national emergency. This new 

extenuating circumstance would apply 

to progress requirements under the 

NHPP and the NHFP. As with the 

current allowance for existing 

extenuating circumstances, State DOTs 

would be required to provide sufficient 

evidence showing how the adverse 

impacts limited their ability to meet 

performance expectations in order to 

receive regulatory relief. 

When originally drafted, a national 

public health emergency was not 

contemplated. The proposed addition of 

national emergency is intended to 

address this gap but is not expected to 

substantially change the types of 

allowable extenuating circumstances, 

nor is it expected to substantially 

increase the number of times 

extenuating circumstances are applied. 

Thus, FHWA has estimated this would 

result in a nominal reduction in burden. 

It is possible that the extenuating 

circumstances listed in § 490.109(e)(5) 

may also impact a State DOT’s ability to 

supply sufficient data or information, as 

required in § 490.109(e)(4). The FHWA 

has not proposed additional language to 

specify that a national emergency or any 

other extenuating circumstance will be 

considered in relation to FHWA’s 

significant progress determination due 

to insufficient data or information, 

because it is already addressed by 

§ 490.109(e)(5)(ii). 

The FHWA is proposing to revise 

terms in § 490.109(f)(2)(iii)(A) to align 

with the HPMS as reflected in the 

updated HPMS Field Manual and 

incorporated by reference as part of this 

NPRM. See the section-by-section 

discussion in § 490.111 for further 

information on the proposed changes 

related to HPMS. 

Section 490.111 Incorporation by 

Reference 

The FHWA is proposing to restructure 

this section to conform with new Office 

of the Federal Register formatting 

requirements The FHWA is proposing 

updating the HPMS Field Manual that is 

currently incorporated by reference in 

§ 490.111(b)(1). and included in the 

docket for this NPRM. The FHWA’s 

HPMS software was updated to version 

9, and the associated database fields that 

impact TPM were modified to address 

necessary changes identified in the 2018 

HPMS Reassessment. The HPMS Field 

Manual was similarly updated to 

improve readability and reflect changes 

made to the HPMS software, processes, 

and table structures, as well as to data 

items, estimate types, and metadata. The 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4861 

3National Highway Traffic Safety Administration 

Fatality Analysis Reporting System: https://

www.nhtsa.gov/research-data/fatality-analysisreporting-system-fars. 

regulations in part 490 contain several 

specific HPMS field names to ensure 

consistency in the data over time. Thus, 

it was necessary to update the 

individual instances in the regulation. 

The FHWA does not expect the field 

name changes within HPMS to present 

a burden to State DOTs when complying 

with the requirements of this part. 

The proposed changes within the 

regulation to align with the terms in the 

incorporated HPMS Field Manual are: 

Route_ID to RouteID 

Begin_Point to BeginPoint 

End_Point to EndPoint 

Year_Record to BeginDate 

Value_Date to ValueDate 

Inventory data elements—This 

summary term was removed from the 

HPMS Field Manual. Where used in the 

regulation, FHWA is proposing 

replacing it with the specific data 

elements it represented. 

The FHWA is proposing to remove 

the American Association of State 

Highway and Transportation Officials 

(AASHTO) Standard R48–10 (2013), 

Standard Specification for 

Transportation Materials and Methods 

of Sampling and Testing, Standard 

Practice for Determining Rut Depth in 

Pavements, 2014, 34th/2014 edition, in 

§ 490.111(c)(3) since it has been 

withdrawn by AASHTO. The HPMS 

Field Manual addresses automated rut 

data collection methods so no 

additional AASHTO Standards are 

needed at this time. 

The FHWA is proposing to update the 

AASHTO Standard in § 409.111(c)(4) 

from R36–13 to R36–21, Standard 

Specification for Transportation 

Materials and Methods of Sampling and 

Testing, Standard Practice for 

Evaluating Faulting of Concrete 

Pavements. This update to the Standard 

retains the two methods for measuring 

and calculating faulting using 

automated measurement devices. The 

most notable change to the new 

Standard is the incorporation of an 

acceptable third method for calculation 

of faulting using 3D techniques. This 

Standard is less restrictive than the 

original. A corresponding change is 

proposed in § 490.309(b)(3)(vii). 

When FHWA published its first 

Transportation Performance 

Management Final Rule on March 15, 

2016, at 81 FR 13882, it incorporated by 

reference at § 490.111(d) the ANSI 

D16.1–2007, Manual on Classification of 

Motor Vehicle Traffic Accidents (7th 

edition, approved August 2, 2007), and 

at § 490.111(e) the DOT’s DOT HS 811 

631, Model Minimum Uniform Crash 

Criteria (MMUCC) Guideline, (4th 

edition, July 2012). With the publication 

of the subsequent TPM rules on January 

18, 2017, at 82 FR 5886 and 82 FR 5971, 

§ 490.111(d) and (e) were inadvertently 

left out of the revised iterations of this 

section; however, there was no 

indication of the Agency’s intent to 

remove the incorporation by reference 

of either publication given that the 

references remain in other sections of 

subpart B. The FHWA proposes to 

restore the ANSI and DOT paragraphs to 

reflect the incorporation of the 

publications, while updating ANSI 

D.16–2007 to ANSI D.16–2017 and the 

MMUCC to the 6th edition, which State 

DOTs are required to use for the 

definition for Suspected Serious Injury. 

Both documents are available for review 

on the docket for this rulemaking. 

B. Subpart B—National Performance 

Management Measures for the Highway 

Safety Improvement Program 

Section 490.205 Definitions 

The FHWA proposes to revise five 

definitions to provide clarity and 

consistency for each as related to the 

regulation and to remove one definition 

that is no longer necessary. The purpose 

of the revisions is to clarify the terms 

and definitions. 

The FHWA proposes to revise the 

term for ‘‘5-year rolling average’’ to ‘‘3- 

year average’’ and to revise the 

definition to align with the proposed 

shift to triennial (every 3 years) 

performance targets. The FHWA 

proposes to remove the term ‘‘rolling’’ to 

align with the proposed shift from 

establishing performance targets every 

year to establishing performance targets 

every 3 years to cover a 3-year period. 

The FHWA proposes to establish a 

definition for ‘baseline safety 

performance’ to allow for a single term 

that can be used consistently in 23 CFR 

part 490 subpart B. The proposed term 

is consistent with the term used in 23 

CFR 490.213(d), the definition is 

consistent with how the concept is 

currently applied in 23 CFR 

490.211(c)(2)(ii), and would not change 

the requirements of the existing 

regulation. 

The FHWA proposes to revise the 

definition for ‘‘Fatality Analysis 

Reporting System (FARS)’’ to align with 

the NHTSA definition in 23 CFR 1300.3. 

The FHWA proposes to revise the 

definition for ‘‘Number of nonmotorized fatalities’’ to remove the 

attribute code numbers and to further 

clarify the person types under ‘‘Persons 

on Personal Conveyances’’ to align with 

the coding change that was made to the 

person attribute code in the Fatality 

Analysis Reporting System (FARS).3

The FHWA proposes a minor 

technical edit to the definition for 

‘‘Number of non-motorized serious 

injuries’’ to correct the spelling of 

‘‘pedalcyclist’’ in the definition. 

The FHWA proposes to revise the 

definition for ‘‘Number of serious 

injuries’’ to remove the reference to 

KABCO and the use of conversion 

tables. This requirement is no longer 

applicable as the KABCO scale is no 

longer used for this purpose. 

The FHWA proposes to revise the 

definition for ‘‘serious injuries’’ to 

remove the references to KABCO and 

conversion tables, as well as the 

reference to April 15, 2019. This 

requirement is no longer applicable as 

the KABCO scale is no longer used for 

this purpose. 

The FHWA proposes to remove the 

term and definition for ‘‘KABCO’’ to 

align with the proposed changes that no 

longer require the use of the term. 

Section 490.207 National Performance 

Management Measures for the Highway 

Safety Improvement Program 

The FHWA proposes to revise 

§ 490.207(b) to replace ‘‘5-year rolling 

average’’ with ‘‘3-year average’’ to align 

with the proposed shift to establish 

performance targets every 3 years. In 

addition, in § 490.207(b)(1) through (5), 

FHWA proposes to change each 

instance of the term ‘‘five’’ to ‘‘three’’ to 

correspond with the changes to the 

years and calculations for changing to a 

3-year average. The FHWA proposes to 

clarify each instance of ‘‘target’’ to 

‘‘performance target’’ for consistency 

and clarity. This revision also occurs 

throughout §§ 490.207, 490.209, 

490.211, and 490.213, but only this first 

instance is being documented here as it 

is a minor technical edit being made 

throughout the regulation. These 

proposed changes are expected to be a 

minimal burden to the State DOTs as it 

reduces the number of years of data 

required from 5 years to 3 years. 

The FHWA proposes to remove 

§ 490.207(c) as the requirement for State 

DOTs to report serious injuries by the 

April 15, 2019, deadline has passed, and 

the KABCO scale is no longer used for 

this purpose. 

Section 490.209 Establishment of 

Performance Targets 

The FHWA proposes to revise 

§ 490.209(a) so State DOTs would shift 

from establishing performance targets 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4862 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

4 DOT’s National Roadway Safety Strategy: 

https://www.transportation.gov/NRSS. 

annually to triennially (every 3 years) 

for each performance measure. The 

purpose of this change is to align with 

DOT’s National Roadway Safety 

Strategy (NRSS),4 which sets an 

ambitious long-term goal of reaching 

zero fatalities. By providing a longer 

duration between performance cycles, 

States will have a greater opportunity to 

plan and implement safety 

countermeasures and evaluate the 

outcome and effectiveness of 

performance targets. This change to 

submit performance targets triennially 

also supports NHTSA’s requirement 

under section 24102 of the BIL for States 

to submit a triennial Highway Safety 

Plan (HSP). The NHTSA has 

implemented this provision through a 

final rule published February 6, 2023, at 

88 FR 7780. This change is necessary as 

it aligns with the State DOTs’ 

requirement to report identical 

performance targets for three common 

measures between the HSIP and the 

triennial HSP. This proposed change is 

expected to be a minimal burden to the 

State DOTs as it reduces the 

requirement from reporting annually to 

triennially. 

The FHWA proposes to revise 

§ 490.209(a)(2) to reflect the proposed 

change to triennial performance targets, 

as well as add language that specifies 

when the first triennial performance 

target shall be established. In addition, 

FHWA proposes to change reporting 

from the ‘‘HSIP annual report’’ to 

‘‘reported to the FHWA.’’ This proposed 

change is expected to be of minimal 

burden to State DOTs as it reduces the 

requirement from reporting annually to 

triennially. 

The FHWA proposes to remove 

§ 490.209(a)(4) and replace it with a new 

requirement for State DOTs to establish 

performance targets that ‘‘demonstrate 

constant or improved performance from 

the baseline safety performance.’’ This 

proposed requirement addresses the 

recent increase in fatalities by requiring 

performance targets to offer realistic 

expectations toward achieving the longterm goal of zero roadway fatalities, 

which is consistent with DOT’s NRSS. 

This requirement also aligns with 

NHTSA’s requirement under section 

24102 of the BIL (23 U.S.C. 

402(k)(4)(A)(ii)) that performance targets 

submitted as part of the triennial HSP 

demonstrate constant or improved 

performance. Although BIL did not 

make a similar amendment to the 

performance management requirements 

in 23 U.S.C. 148, there is no indication 

that Congress was attempting to 

undermine or change FHWA’s and 

NHTSA’s regulations that require 

identical performance targets for the 

three common measures. Likewise, 

there is nothing in Title 23 that 

prohibits FHWA from adopting the 

same ‘‘constant or improved 

performance’’ standard required by 

section 24102. Given the national crisis 

of fatalities on our roadways, FHWA 

believes it is good public policy to have 

the same requirement for its Safety 

Performance Management Program. The 

NHTSA has implemented this provision 

through a final rule published February 

6, 2023, at 88 FR 7780. This proposed 

change is necessary as it aligns with the 

State DOTs’ requirement to report 

identical performance targets for three 

common measures between HSIP and 

triennial HSP. This revision may impact 

the State DOTs that have set increasing 

performance targets in prior years as it 

may result in a shift in the methodology 

used to establish performance targets. 

However, requiring identical 

performance targets is consistent with 

the national safety goals Congress 

established for the Federal-aid highway 

program and NHTSA’s highway safety 

program: To reduce traffic fatalities and 

serious injuries (in the case of FHWA) 

and to reduce traffic accidents and the 

resulting deaths, injuries, and property 

damage (in the case of NHTSA) (23 

U.S.C. 150(b)(1) and 23 U.S.C. 402(a)). 

Furthermore, allowing a State to 

establish two different safety 

performance targets for common 

performance measures would be 

inefficient and could lead to public 

confusion. Separate performance targets 

could also be a burden on States by 

possibly requiring the collecting and 

reporting of two different sets of data for 

common performance measures in an 

HSIP and triennial HSP. 

The FHWA proposes to remove 

§ 490.209(a)(5), as the portion of this 

requirement related to use of the 

KABCO system in lieu of compliance 

with MMUCC is no longer applicable. In 

addition, the portion of this section that 

relates to reporting has been updated in 

§ 490.213. 

The FHWA proposes to shift 

§ 490.209(a)(6) to § 490.209(a)(5) and 

revise § 490.209(a)(6) to change 

‘‘submitted in the HSIP annual report’’ 

to ‘‘submitted to the FHWA’’ to align 

with paragraph (a)(2). The FHWA is not 

expecting State DOT performance 

targets to change for a given triennial 

cycle once submitted to FHWA. This is 

consistent with FHWA’s current 

practice, in which safety performance 

targets cannot be changed once 

submitted to FHWA. 

The FHWA proposes to revise 

§ 490.209(b)(1) to remove reference to 

‘‘HSIP annual report’’ to align with 

§ 490.209(a)(2). 

The FHWA proposes to remove 

§ 490.209(b)(4) as this requirement is 

addressed under reporting in § 490.213. 

The FHWA proposes to revise 

§ 490.209(c) to add the word 

‘‘triennially’’ for establishing 

performance targets for MPOs to align 

with the shift from annual to every 3 

years. 

The FHWA proposes to revise 

§ 490.209(c)(1) to change ‘‘HSIP annual 

report’’ to ‘‘the FHWA’’ to align with the 

update to § 490.209(a)(2). 

The FHWA proposes to revise 

§ 490.209(c)(4)(i) to remove the term 

‘‘safety’’ target and replace it with 

‘‘performance’’ target for clarity and 

consistency. 

The FHWA proposes to revise 

§ 490.209(c)(4)(ii) to remove the term 

‘‘safety’’ target and replace it with 

‘‘performance’’ target for clarity and 

consistency and to add the language 

‘‘demonstrate constant or improved 

performance’’ to align with 

§ 490.209(a)(4). 

Section 490.211 Determining Whether 

a State Department of Transportation 

Has Met or Made Significant Progress 

Toward Meeting Performance Targets 

The FHWA proposes to revise 

§ 490.211(b) to add the term ‘‘annual’’ to 

‘‘HSIP report’’ for clarity and 

consistency and to add the word 

‘‘prepared’’ before ‘‘in accordance 

with.’’ 

The FHWA proposes to revise 

§ 490.211(c)(2) to use the newly defined 

‘‘baseline safety performance’’ in place 

of ‘‘3-year average data for the 

performance measure for the year prior 

to the establishment of the State’s 

performance target.’’ This would not 

change the existing process. 

The FHWA proposes to revise 

§ 490.211(d) to add the number ‘‘3’’ 

prior to ‘‘fiscal years’’ to align with the 

shift to triennial performance targets. 

The FHWA proposes to revise 

§ 490.211(e) to change ‘‘first evaluate’’ to 

‘‘determine’’ and to change ‘‘after the 

calendar year following the year’’ to 

‘‘following the last calendar year’’ and 

change ‘‘annual’’ to ‘‘triennially.’’ These 

proposed changes align with the 

revisions under § 490.209(a)(2). 

The FHWA proposes to add a new 

§ 490.211(f) to address the phased in 

implementation of the requirements that 

will enable the performance targets 

established for 2023 to continue to be 

assessed to determine met or made 

significant progress by 2025. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4863 

The FHWA proposes to add a new 

§ 490.211(g) to address insufficient data 

or information. The purpose of this 

requirement is to inform States that if 

they are not able to provide the 

necessary data in the HSIP annual 

report for the purposes of the 

performance target assessment that they 

will be deemed to have not met or made 

significant progress. 

The FHWA proposes to add a new 

§ 490.211(h) to consider extenuating 

circumstances in the assessment of 

progress toward met or made significant 

progress of triennial performance 

targets. In addition, FHWA proposes to 

add § 490.211(h)(1) to clarify that 

FHWA will classify the assessment of 

progress toward the triennial 

performance target as ‘‘progress not 

determined’’ if the State DOT has 

provided an explanation of the 

extenuating circumstances beyond the 

control of the State DOT that prevented 

it from meeting or making significant 

progress and the State DOT has 

quantified the impacts on the 

performance that resulted from the 

circumstances to include: (i) Natural or 

man-made disasters that caused delay in 

data collection; (ii) [Reserved] (iii) New 

law or regulation directing State DOTs 

to change metric or measure calculation; 

or (iv) Presidentially declared national 

emergency that impacts the collection or 

submittal of data. The circumstances 

added are intended to mirror those in 

§ 490.109(e)(5)(i). With various 

governmental units and agencies 

possibly having the ability to declare 

disasters, FHWA proposes to clarify in 

§ 490.211 that natural or man-made 

disasters must be declared under the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act. In order to 

keep most of the section numbering 

consistent with § 490.109(e)(5)(i), 

FHWA is proposing to reserve 

§ 490.211(h)(1)(ii) since FHWA does not 

provide any data associated with the 

safety performance measure. 

The FHWA also proposes to add a 

new § 490.211(h)(2) that explains that if 

the State DOTs explanation is accepted 

by FHWA, then the progress toward 

achieving the relevant performance 

targets will be classified as ‘‘progress 

not determined.’’ These proposed 

changes are not expected to be a burden 

to the State DOTs; however, there may 

be a moderate impact on the burden to 

any State DOT that decides to pursue 

the option to provide documentation to 

quantify the impact resulting from the 

extenuating circumstance. 

Section 490.213 Reporting of 

Performance Targets for the Highway 

Safety Improvement Program 

The FHWA proposes to revise the title 

of § 490.213 to add the word 

‘‘performance’’ before ‘‘targets’’ for 

clarity and consistency. 

The FHWA proposes to revise 

§ 490.213(a) to remove ‘‘in the State’s 

HSIP annual report’’ and specify the 

first due date as ‘‘[Date to be inserted], 

and then triennially thereafter.’’ The 

purpose of this change is to align with 

the proposed change to shift to triennial 

performance targets. The FHWA will 

reflect a specific first due date that will 

align with the appropriate performance 

cycle during the rulemaking process. 

The FHWA proposes to add a new 

§ 490.213(b) to specify that State DOTs 

shall report on actual performance 

annually in the HSIP annual report and 

the minimum amount of data that is 

required. The purpose of this change is 

to move this information that was 

originally under § 490.209 for the 

establishment of performance targets to 

reporting of performance targets in the 

HSIP. The FHWA proposes to also shift 

the original paragraphs (b) and (c) to 

now be (c) and (d). 

The FHWA proposes to revise old 

paragraph (b) to now be (c) and to 

change ‘‘annually’’ to ‘‘triennially’’ to 

align with the proposed shift to 

establish performance targets every 3 

years. 

The FHWA proposes to revise old 

paragraph (c) to now be (d) and delete 

the word ‘‘safety’’ from ‘‘safety 

performance’’ for clarity and 

consistency. 

C. Subpart C—National Performance 

Management Measures for the Assessing 

Pavement Condition 

Section 490.309 Data Requirements 

The FHWA is proposing revisions to 

§ 490.309(a) to remove ‘inventory data 

elements’ here, as well as from all 23 

CFR part 490, since that term and 

associated grouping is not in the 

incorporated HPMS Field Manual. In 

addition, FHWA is proposing a 

technical correction to include 

underscores in ‘Through_Lanes,’ 

‘Surface_Type,’ and ‘Structure_Type,’ 

consistent with other parts of the 

regulation. The FHWA also is proposing 

corrections to § 490.309(c) to include 

underscores in the same terms. These 

corrections are not expected to change 

implementation of the associated 

requirements. 

The FHWA is proposing amending 

§§ 490.309(b)(1)(i)(B), (b)(2)(i)(B), and 

(b)(2)(ii)(B) to clarify that when the right 

most lane is not readily accessible due 

to a listed issue, then the adjacent lane 

is to be used; not any open lane. This 

will align the regulation with existing 

guidance. 

The FHWA is proposing to amend 

§§ 490.309(b)(1)(iv)(A) and (b)(2)(iii)(A) 

so the numbers ‘0 to 5’ would be shown 

to the tenths decimal place, ‘0.1 to 5.0’, 

to be consistent with how the data is 

entered in HPMS. 

The FHWA is proposing to revise 

§ 490.309(b)(3)(vi) and remove 

(b)(3)(vi)(A) and (B). The FHWA is 

proposing to remove 

§ 490.309(b)(3)(vi)(A) because AASHTO 

has withdrawn Standard R48 that 

provided guidance for this type of data 

collection. As a result, States will be 

required to use the methods identified 

in the HPMS Field Manual when 

collecting rutting data on the National 

Highway System (NHS). 

The FHWA is proposing to revise 

§ 490.309(b)(3)(vii) to change the 

incorporated AASHTO Standard from 

‘R36–13’ to ‘R36–21.’ The AASHTO 

Standard R36–21 is an update to 

Standard R36–13, which retains the two 

methods for measuring and calculating 

faulting using automated measurement 

devices. The major change from the old 

standard to the new standard is the 

incorporation of an acceptable third 

method for calculation of faulting. 

Section 490.311 Calculation of 

Pavement Metrics 

The FHWA is proposing changes to 

§ 490.311(a) to remove ‘inventory data 

elements’ since that term and associated 

grouping is not in the proposed HPMS 

Field Manual. 

The FHWA is proposing to amend 

§ 490.311(b)(5)(ii) so the numbers ‘0 to 

5’ would be shown to the tenths decimal 

place, ‘0.1 to 5.0’, to be consistent with 

how the data is entered in HPMS. 

The FHWA is proposing to revise the 

HPMS field names in § 490.311(c)(3)(i), 

(c)(3)(ii), and (c)(3)(iii) so they are 

consistent with the updated HPMS 

system, and the HPMS Field Manual.. 

The FHWA also proposes to add 

specificity to clarify that the ‘BeginDate’ 

shall be reported as required in the 

HPMS Field Manual. The term changes 

proposed are: 

State_Code to StateID, 

Route_ID to RouteID 

Begin_Point to BeginPoint 

End_Point to EndPoint 

Year_Record to BeginDate 

Value_Date to ValueDate. 

These changes are to provide 

consistency with the terms used in the 

incorporated HPMS Field Manual and 

are not expected to change the burden 

associated with complying with the 

regulations. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4864 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

The FHWA proposes to revise 

§§ 490.311(d), (d)(1), (d)(2), and (d)(3) to 

change the term ‘inventory data 

elements’ to ‘data items,’ and change 

‘inventory data items’ to ‘data items.’ 

These changes are needed to be 

consistent with the incorporated HPMS 

Field Manual, which no longer uses 

these terms. 

Section 490.313 Calculation of 

Performance Management Measures 

The FHWA is proposing changes to 

§ 490.313(b)(4) and its paragraphs to 

clarify the intended application of the 

regulation by rewording and 

reorganizing the text and providing 

cross references to existing requirements 

for data submittal dates. No new 

requirements or processes are proposed, 

and the clarifications are consistent 

with FHWA’s existing guidance related 

to missing, invalid, or unresolved data. 

The FHWA also proposes updating 

terms in §§ 490.313(b)(v)(i) through (vii) 

to align with those used in the 

incorporated HPMS Field Manual, and 

correcting reference numbering related 

to § 490.109(d) in § 490.313(b)(v). 

Together these changes are not expected 

to change the implementation of the 

requirements. 

In § 490.313(f)(2) through (5), FHWA 

is proposing to remove the underscore 

from the terms ‘‘End_Point’’ and 

‘‘Begin_Point’’ so it is consistent with 

the fields in the incorporated HPMS 

Field Manual. 

Section 490.317 Penalties for Not 

Maintaining Minimum Interstate System 

Pavement Condition 

The FHWA proposes to amend 

§ 490.317(c) by adding a new 

§ 490.317(c)(1) providing that FHWA 

can use the previous years’ 

determination of compliance with the 

minimum condition requirements in 

§ 490.315(a) or § 490.315(b) and 23 

U.S.C. 119(f)(1) if FHWA determines a 

State DOT is not in compliance due to 

an extenuating circumstance listed in 

§ 490.109(e)(5) related to the collection 

or submittal of data. Accurate data is 

required to make the compliance 

determination, and FHWA cannot waive 

the determination. During the COVID– 

19 pandemic, FHWA identified that it 

was possible that some State DOTs 

would be unable to collect pavement 

condition data because of COVID–19 

related social distancing requirements. 

The FHWA is proposing to add 

§ 490.317(c)(1) to allow FHWA to 

consider extenuating circumstances in 

their determination when sufficient data 

is not provided. State DOTs would need 

to notify FHWA of any applicable 

extenuating circumstances it would like 

FHWA to consider by June 15 of each 

year, as proposed in § 490.317(c)(2). 

This additional flexibility would 

allow State DOTs to provide an 

explanation of the conditions beyond 

their control that impeded their ability 

to submit the data needed to calculate 

the pavement performance measures 

and determine minimum condition. 

This action will allow State DOTs to cite 

one of the extenuating circumstances in 

§ 490.109(e)(5) and explain how it 

impacted their ability to collect or 

submit data. As with the use of 

extenuating circumstances in the 

significant progress determination, there 

would need to be sufficient evidence 

showing how the adverse impacts 

limited a State DOT’s ability to meet the 

data collection and submittal 

requirements. If a State DOT provides 

an acceptable explanation of 

extenuating circumstances by June 15, 

FHWA would apply the previous year’s 

determination to the determination for 

the current year. 

Including this additional flexibility as 

part of FHWA’s compliance 

determination for 23 U.S.C. 119(f)(1) 

would align with the intent of 

extenuating circumstances and its 

application within the significant 

progress determination process. The 

FHWA has determined this is an 

appropriate and necessary action but 

does not anticipate this to be used in the 

near-term. 

The FHWA is not proposing a similar 

amendment to § 490.413, which relates 

to penalties for not maintaining 

minimum bridge conditions. Bridges are 

inspected every 2 years. If a bridge is 

not inspected due to an unforeseen 

issue, the existing National Bridge 

Inspection (NBI) data is used for 

FHWA’s determination of compliance 

with 23 U.S.C. 119(f)(2). In addition, the 

penalty for not maintaining minimum 

bridge condition, described in 

§ 490.413, is assessed using data for the 

previous 3 years. These items provide 

flexibilities not available to the 

Interstate System pavement condition 

measures. 

Section 490.319 Other Requirements 

Section 490.319(c)(1) describes the 

minimum methods and processes the 

State DOTs shall include in their Data 

Quality Management Programs. The 

FHWA proposes to revise 

§ 490.319(c)(1)(ii) to strike the word 

‘‘manual’’ from the requirement to 

certify persons conducting data 

collection. A certification process was 

required in the original rule for the 

equipment and for individuals doing 

manual data collection but omitted 

equipment operators and other persons 

working in data collection. This change 

extends the certification to all persons 

conducting data collection including 

equipment operators. Network level 

data collection is done almost 

completely using automated equipment. 

Since the process for data collection is 

complex and the equipment is costly, 

every State already has process for 

training operators and other persons 

working in data collection even though 

there has not been a requirement to do 

so. A minor update to the Data Quality 

Management Plan for the State may be 

needed to describe the training program 

and certification process if it is not 

already in the Plan. The FHWA seeks 

comment from any State DOTs that do 

not already require training for those 

collecting data and operating associated 

equipment. 

D. Discussion Under 1 CFR Part 51 

The FHWA is proposing to 

incorporate by reference the following 

standards: 

The FHWA will incorporate by 

reference an updated version of the 

HPMS Field Manual. The proposed 

HPMS Field Manual includes detailed 

information on technical procedures to 

be used as reference by those collecting 

and reporting data for the performance 

measures. The FHWA’s HPMS software 

was updated to version 9, and the 

associated database fields that impact 

TPM were modified to address 

necessary changes. The updated HPMS 

Field Manual is included on the docket 

for this rulemaking and will be made 

available on the FHWA website once 

adopted. 

The FHWA will incorporate by 

reference AASHTO Standard R36–21, 

Standard Practice for Evaluating 

Faulting of Concrete Pavements, 41st 

edition, 2021. This Standard provides a 

consistent means for identifying and 

reporting concrete pavement faults. The 

AASHTO standard is proposed because 

it is considered a best practice, 

specifically by State DOTs, and is 

recognized worldwide. This document 

is available at https://store.

transportation.org/Item/Publication

Detail?ID=4612 and on the docket for 

this rulemaking. 

The FHWA will incorporate by 

reference ANSI D.16–2017, Manual on 

Classification of Motor Vehicle Traffic 

Crashes, eight edition, approved 

December 18, 2017. The primary 

purpose of ANSI D.16–2017 is to 

promote uniformity and comparability 

of motor vehicle crash statistics in 

Federal, State, and local jurisdictions. 

The uniformity of reporting that results 

from this standard facilitates 

development of data on crashes in and 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4865 

out of traffic for nationwide use. Such 

data becomes the basis for decisions 

about traffic safety initiatives 

throughout the country. This document 

is available at https://www.

transportation.gov/government/trafficrecords/updated-ansi-d16-manualclassification-motor-vehicle-trafficcrashes, and on the docket for this 

rulemaking. 

The FHWA will incorporate by 

reference DOT HS 813 525 (‘‘MMUCC’’), 

Model Minimum Uniform Crash Criteria 

Guideline, 6th edition, 2024.. The 

MMUCC can help States generate the 

data necessary to quickly gain traffic 

safety insights. The guide is available at 

https://www.nhtsa.gov/mmucc-1 and on 

the docket for this rulemaking. 

The documents that FHWA is 

incorporating by reference are 

reasonably available to interested 

parties, primarily State DOTs, local 

agencies, and Tribal governments 

carrying out Federal-aid highway 

projects, and federally required data 

reporting. The incorporated HPMS Field 

Manual represents the reporting 

requirements of the HPMS system. The 

AASHTO manual, MMUCC, and 

Manual on Classification of Motor 

Vehicle Traffic Accidents represent the 

most recent refinements that 

professional organizations have formally 

accepted and are currently in use by the 

transportation industry. The documents 

incorporated by reference are available 

on the docket of this rulemaking and at 

the sources identified in the regulatory 

text below. The specific standards are 

discussed in greater detail elsewhere in 

this preamble. 

III. Additional Requests for Comments 

• The MAP–21 legislation required 

FHWA to develop a uniform method for 

States to measure and report pavement 

conditions indicating investment needs 

and mobility on the Interstate and nonInterstate NHS. This methodology is 

contained in § 490.313 and uses the 

HPMS for reporting pavement 

conditions. After experiencing the first 

5 years of collecting and reporting this 

information, FHWA invites comments 

on the effectiveness of the methodology 

for the intended purposes and 

suggestions to improve the required 

measurement and reporting. 

• To minimize the amount of missing 

pavement data reported to HPMS, the 

current regulations direct States to 

collect condition information from 

another lane when the right most lane 

is closed due to construction, closure, 

excessive congestion, or other events 

impacting access. Some States have 

indicated difficulties collecting 

condition information in areas under 

construction due to bridge 

replacements, detours, or other 

circumstances. The FHWA invites 

comments on how to best collect and 

report the required information in these 

challenging situations. 

• For the purpose of carrying out 23 

U.S.C. 148, the Secretary is required to 

establish measures for States to use to 

assess (A) serious injuries and fatalities 

per vehicle mile traveled; and (B) the 

number of serious injuries and fatalities 

(23 U.S.C. 150(c)(4)). The FHWA is 

seeking comments on possible 

alternative safety performance measures 

that could be used to assess safety 

performance related to the HSIP. These 

performance measures should be 

directly related to the State’s HSIP and 

help provide quantifiable evidence 

toward progress of safety performance. 

These performance measures may 

evaluate the outputs (quantitative and 

indicate the level of activity or effort) or 

outcomes (provide an indication of 

effectiveness) resulting in the 

implementation of the HSIP. The FHWA 

also seeks comment on whether FHWA 

should maintain the existing safety 

performance measures, replace the 

existing safety performance measures 

with alternative safety performance 

measures, or use some combination of 

both to assess future safety performance. 

• The existing TPM measures for 

pavement and bridge condition in 23 

U.S.C. 150(c)(3) are limited to the 

Interstate and NHS. However, there is 

also considerable need on the non-NHS 

system for infrastructure improvements. 

For example, approximately 90 percent 

of the bridges in poor condition in the 

2022 National Bridge Inventory dataset 

are non-NHS bridges. Would State DOTs 

and MPOs benefit from the creation of 

national performance measures for the 

non-NHS system? For non-NHS bridges, 

condition data is already collected and 

reported annually to FHWA and can be 

used to set targets and report on 

performance. For non-NHS pavement 

performance, FHWA collects condition 

data on a sample of these roadways in 

each State. What would be reasonable 

measures, target setting timelines, data 

collection methods, reporting frequency, 

and reporting methods for any non-NHS 

measures? If such national performance 

measures are created, what would be 

needed to collect, report, and analyze 

non-NHS data and implement such a 

program? 

IV. Rulemaking Analyses and Notices 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

The FHWA has considered the 

impacts of this proposed rule under E.O. 

12866 (58 FR 5173, Oct. 4, 1993), 

Regulatory Planning and Review, as 

supplemented by E.O. 13563 (76 FR 

3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review and 

E.O. 14094 (88 FR 21879, April 6, 2023), 

Modernizing Regulatory Review, and 

DOT’s regulatory policies and 

procedures. The Office of Information 

and Regulatory Affairs within the Office 

of Management and Budget (OMB) has 

determined that the proposed rule is not 

a significant regulatory action within 

the meaning of E.O. 12866. Accordingly, 

OMB has not reviewed it under that 

E.O. 

It is anticipated that the proposed rule 

would not be economically significant 

for purposes of E.O. 12866. The 

proposed rule would not have an annual 

effect on the economy of $200 million 

or more. The proposed rule would not 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, territorial, or Tribal 

governments or communities. In 

addition, the proposed 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. 

B. Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612), FHWA has evaluated the 

effects of this proposed rule on small 

entities and has determined that it is not 

anticipated to have a significant 

economic impact on a substantial 

number of small entities. For FHWA’s 

significant progress determination in 

§ 490.109(e) and for the minimum 

condition requirements for Interstate 

pavements in § 490.317, the proposed 

rule would affect State governments, but 

not MPOs since MPOs are not subject to 

these requirements. State governments 

are not included in the definition of 

small entity set forth in 5 U.S.C. 601. 

For FHWA’s proposed triennial safety 

performance reporting, both MPOs and 

State DOTs would be affected, but the 

proposed changes are expected to 

reduce overall burden. Therefore, 

FHWA certifies that the proposed rule 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4866 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Unfunded Mandates Reform Act of 

1995 

This proposed 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 $168 million or more 

in any one year (2 U.S.C. 1532). In 

addition, 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-aid highway 

program permits this type of flexibility. 

D. E.O. 13132 (Federalism Assessment) 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in E.O. 13132, and 

FHWA has determined that this 

proposed rule would not have sufficient 

federalism implications to warrant the 

preparation of a federalism assessment. 

The FHWA also has determined that 

this proposed rule would not preempt 

any State law or State regulation or 

affect the States’ ability to discharge 

traditional State governmental 

functions. 

E. Paperwork Reduction Act of 1995 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. The FHWA 

has determined that this proposal does 

not contain any new collection of 

information requirements for the 

purposes of the PRA. 

This proposed rule expands upon 

existing flexibilities that are 

implemented as part of the overarching 

TPM regulations in 23 CFR part 490, 

which includes State DOT reporting on 

performance biennially. The collection 

of biennial report information in 

support of § 490.107, including the State 

DOT’s documentation of any applicable 

extenuating circumstances described in 

§ 490.105(e), is covered by OMB Control 

No. 2125–0656. 

The proposed rule would change the 

reporting on safety performance targets 

from annual to triennial. Targets and 

performance would be reported on in 

the HSIP annual report. The collection 

of information in support of § 490.213 is 

covered by OMB Control No 2125–0025. 

F. National Environmental Policy Act 

The FHWA has analyzed this 

proposed rule pursuant to the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321 et seq.) and has 

determined that it is categorically 

excluded under section 771.117(c)(20), 

which applies to the promulgation of 

rules, regulations, and directives. 

Categorically excluded actions meet the 

criteria for categorical exclusions under 

the Council on Environmental Quality 

regulations and under section 

771.117(a) and normally do not require 

any further NEPA approvals by FHWA. 

G. E.O. 13175 (Tribal Consultation) 

The FHWA has analyzed this 

proposed rule in accordance with the 

principles and criteria contained in E.O. 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ The 

proposed rule would implement 

additional flexibilities in 23 CFR part 

490 related to FHWA determination of 

significant progress toward State DOT 

NHPP and NHFP measure, and FHWA’s 

determination of State DOT’s 

compliance with Interstate pavement 

minimum conditions. The requirements 

of 23 CFR part 490 apply to States that 

receive Title 23 Federal-aid highway 

funds, and it would not have substantial 

direct effects on one or more Indian 

Tribes, would not impose substantial 

direct compliance costs on Indian Tribal 

governments, and would not preempt 

Tribal laws. Accordingly, the funding 

and consultation requirements of E.O. 

13175 do not apply and a Tribal 

summary impact statement is not 

required. 

I. E.O. 12898 (Environmental Justice) 

The E.O. 12898 requires that each 

Federal Agency make achieving 

environmental justice part of its mission 

by identifying and addressing, as 

appropriate, disproportionately high, 

and adverse human health or 

environmental effects of its programs, 

policies, and activities on minorities 

and low-income populations. The 

FHWA has determined that this 

proposed rule does not raise any 

environmental justice issues. 

J. Regulation Identifier Number 

A 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 490 

Bridges, Highway safety, Highways 

and roads, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Issued under authority delegated in 49 CFR 

1.81 and 1.85. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

In consideration of the foregoing, 

FHWA proposes to amend 23 CFR part 

490, as set forth below: 

PART 490—NATIONAL 

PERFORMANCE MANAGEMENT 

MEASURES 

■ 1. The authority citation for part 490 

is revised to read as follows: 

Authority: 23 U.S.C. 134, 135, 148, and 

150; 49 CFR 1.85. 

Subpart A—General Information 

■ 2. Amend § 490.103 by: 

■ a. In paragraph (b), adding the text 

‘‘(incorporated by reference, see 

§ 490.111)’’ immediately following the 

text ‘‘HPMS Field Manual’’; and 

■ b. Adding paragraph (h). 

The additions read as follows: 

§ 490.103 Data requirements. 

* * * * * 

(h) In general. FHWA may 

temporarily extend any date within this 

part for good reason, unless prohibited 

by law. 

■ 3. Amend § 490.105 by revising 

paragraphs (e)(8)(iii) and (f)(5)(iii) by 

removing the text ‘‘and/or’’ and adding, 

in its place the text ‘‘and’’ in each place 

it appears. 

■ 4. Amend § 490.107 by revising 

paragraphs (b)(1)(ii)(E), (b)(2)(ii)(D), and 

(b)(3)(ii)(D) to read as follows: 

§ 490.107 Reporting on performance 

targets. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(E) Congestion at truck freight 

bottlenecks. The State DOT shall 

document the location of truck freight 

bottlenecks within the State, including 

those identified in the National Freight 

Strategic Plan. If a State has prepared a 

State Freight Plan under 49 U.S.C. 

70202, then the State Freight Plan may 

serve as the basis for identifying truck 

freight bottlenecks; 

* * * * * 

(2) * * * 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4867 

(ii) * * * 

(D) Congestion at truck freight 

bottlenecks. Discussion on progress of 

the State DOT’s efforts in addressing 

congestion at truck freight bottlenecks 

within the State, as described in 

paragraph (b)(1)(ii)(E) of this section, 

through comprehensive freight 

improvement efforts of State Freight 

Plan or MPO freight plans; the 

Statewide Transportation Improvement 

Program and Transportation 

Improvement Program; regional or 

corridor level efforts; other related 

planning efforts; and operational and 

capital activities targeted to improve 

freight movement on the Interstate 

System. If a State has prepared a State 

Freight Plan under 49 U.S.C. 70202, 

then the State Freight Plan may serve as 

the basis for addressing congestion at 

truck freight bottlenecks. However, the 

discussion must provide an update from 

the information submitted in the 

previous State Biennial Performance 

Report; 

* * * * * 

(3) * * * 

(ii) * * * 

(D) Congestion at truck freight 

bottlenecks. Discussion on progress of 

the State DOT’s efforts in addressing 

congestion at truck freight bottlenecks 

within the State, as described in 

paragraphs (b)(1)(ii)(E) and (b)(2)(ii)(D) 

of this section; 

* * * * * 

■ 5. Amend § 490.109 by: 

■ a. Removing the text ‘‘and/or’’ and 

adding, in its place, the text ‘‘or’’ in 

each place it appears; 

■ b. Revising paragraphs (e)(4) 

paragraph heading, (e)(4)(ii) through (v) 

and (e)(5)(i)(A) through (C); 

■ c. Adding paragraph (e)(5)(i)(D); and 

■ d. Revising paragraph (f)(2)(iii)(A). 

The revisions and addition read as 

follows: 

§ 490.109 Assessing significant progress 

toward achieving the performance targets 

for the National Highway Performance 

Program and the National Highway Freight 

Program. 

* * * * * 

(e) * * * 

(4) Insufficient data or information. 

* * * 

* * * * * 

(ii) The data contained in HPMS do 

not meet the requirements under 

§ 490.313(b)(4)(i) by the data extraction 

date specified in paragraph (d)(1)(i) of 

this section for the each of the Interstate 

System pavement condition measures in 

§ 490.105(c)(1); 

(iii) The data contained in HPMS do 

not meet the requirements under 

§ 490.313(b)(4)(ii) by the data extraction 

date specified in paragraph (d)(1)(ii) of 

this section for the each of the nonInterstate NHS pavement condition 

measures in § 490.105(c)(2); 

(iv) A State DOT reported data are not 

cleared in the NBI by the data extraction 

date specified in paragraph (d)(1)(iii) of 

this section for the each of the NHS 

bridge condition measures in 

§ 490.105(c)(3); 

(v) If a State DOT’s data is determined 

insufficient, as described in paragraphs 

(e)(4)(ii) through (iv) of this section, in 

the year in which the Baseline Period 

Performance Report is due to FHWA for 

a measure in § 490.105(c)(1) through (3), 

the FHWA will determine the State DOT 

did not satisfy the criterion in paragraph 

(e)(2)(i) of this section, and FHWA will 

only use the criterion in (e)(2)(ii) of this 

section for determining if State DOT has 

made significant progress toward the 

achievement of the target for that 

measure for the entirety of the 

performance period. 

* * * * * 

(5) * * * 

(i) * * * 

(A) Natural or man-made disasters 

that caused delay in NHPP or NHFP 

project delivery, extenuating delay in 

data collection, or damage/loss of data 

system; 

(B) Sudden discontinuation of Federal 

Government furnished data due to 

natural and man-made disasters 

declared under the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act or sudden 

discontinuation of Federal Government 

furnished data due to lack of funding; 

(C) New law or regulation directing 

State DOTs to change metric or measure 

calculation; or 

(D) Presidentially declared national 

emergency that caused delay in NHPP 

or NHFP project delivery, extenuating 

delay in data collection or submittal, or 

damage/loss of data system. 

* * * * * 

(f) * * * 

(2) * * * 

(iii) * * * 

(A) The inventory of truck freight 

bottlenecks shall include the route and 

milepost location for each identified 

bottleneck, road attributes data reported 

to HPMS, Average Annual Daily Traffic 

(AADT), Single-Unit Truck and Bus 

AADT (AADT_Single_Unit), 

Combination Truck AADT (AADT_

Combination), Travel-time data and 

measure of delay, such as travel time 

reliability, or Average Truck Speeds, 

capacity feature causing the bottleneck 

or any other constraints applicable to 

trucks, such as geometric constrains, 

weight limits or steep grades. 

* * * * * 

■ 6. Revise § 490.111 to read as follows: 

§ 490.111 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Federal Highway Administration 

(FHWA) must publish a document in 

the Federal Register and the material 

must be available to the public. All 

approved incorporation by reference 

(IBR) material is available for inspection 

at FHWA and at the National Archives 

and Records Administration (NARA). 

Contact the FHWA at FHWA, Office of 

Highway Policy Information at 1200 

New Jersey Avenue SE, Washington, DC 

20590; (202–366–4631); 

www.fhwa.dot.gov. For information on 

the availability of this material at 

NARA, visit www.archives.gov/federalregister/cfr/ibr-locations or email 

fr.inspection@nara.gov. The material 

may be obtained from the sources in the 

following paragraphs of this section. 

(a) The American Association of State 

Highway and Transportation Officials 

(AASHTO), 555 12th Street NW, Suite 

1000, Washington, DC 20004; (202) 624– 

5800; www.transportation.org. 

(1) AASHTO Standard M328–14, 

Standard Specification for 

Transportation Materials and Methods 

of Sampling and Testing, Inertial 

Profiler, 2014, 34th/2014 Edition; IBR 

approved for § 490.309(b). 

(2) AASHTO Standard R57–14, 

Standard Specification for 

Transportation Materials and Methods 

of Sampling and Testing, Standard 

Practice for Operating Inertial Profiling 

Systems, 2014, 34th/2014 Edition; IBR 

approved for § 490.309(b). 

(3) AASHTO Standard R36–21, 

Standard Specification for 

Transportation Materials and Methods 

of Sampling and Testing, Standard 

Practice for Evaluating Faulting of 

Concrete Pavements, 41st/2021 edition, 

2021 (https://store.transportation.org/ 

Item/PublicationDetail?ID=4612); IBR 

approved for § 490.309(b). 

(4) AASHTO Standard R43–13, 

Standard Specification for 

Transportation Materials and Methods 

of Sampling and Testing, Standard 

Practice for Quantifying Roughness of 

Pavement, 2014, 34th/2014 Edition, IBR 

approved for § 490.311(b). 

(b) American National Standards 

Institute, Inc. (ANSI), 1899 L Street NW, 

11th Floor, Washington, DC 20036; 

(202) 293–8020; www.ansi.org. 

(1) ANSI D16.1–2017, Manual on 

Classification of Motor Vehicle Traffic 

Accidents, 8th edition, approved 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4868 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

December 18, 2017; IBR approved for 

§ 490.205. 

(2) [Reserved] 

(c) The Federal Highway 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

(202) 366–4631; www.fhwa.dot.gov. 

(1) Highway Performance Monitoring 

System Field Manual (‘‘HPMS Field 

Manual’’), [Publication Year]; IBR 

approved for §§ 490.103; 490.309(a) and 

(b); 490.311; 490.319(a) and (b). 

(2) Recording and Coding Guide for 

the Structure Inventory and Appraisal of 

the Nation’s Bridges, includes: Errata 

Sheet for Coding Guide 06/2011, Report 

No. FHWA–PD–96–001, December 

1995; IBR approved for §§ 490.409(e); 

490.411(f). 

(d) The National Highway 

Transportation Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590; (888) 327–4236; 

www.nhtsa.gov. 

(1) DOT HS 813 525 (‘‘MUCC’’), 

Model Minimum Uniform Crash Criteria 

Guideline, 6th edition, 2024 (https://

www.nhtsa.gov/mmucc-1); IBR 

approved for § 490.205. 

(2) [Reserved] 

Subpart B—National Performance 

Management Measures for the 

Highway Safety Improvement Program 

■ 7. Amend § 490.205 by: 

■ a. Removing the definition for ‘5-year 

rolling average’ and adding, in its place, 

the definition for ‘‘3-year average’’; 

■ b. Adding the definition for ‘‘Baseline 

safety performance’’; 

■ c. Revising the definition for ‘‘Fatality 

Analysis Reporting System’’ 

■ d. Removing the definition for 

‘‘KABCO’’; 

■ e. Revising the definitions for 

‘‘Number of non-motorized fatalities’’, 

‘‘Number of non-motorized serious 

injuries’’, ‘‘Number of serious injuries}, 

and ‘‘Serious injuries’’. 

The additions and revisions read as 

follows: 

§ 490.205 Definitions. 

* * * * * 

3-year average means the average of 3 

individual, consecutive annual points of 

data (e.g., the 3-year average of the 

annual fatality rate). 

* * * * * 

Baseline safety performance means 

the 3-year average data for a safety 

performance measure for the year prior 

to the establishment of the performance 

target reported to FHWA. 

* * * * * 

Fatality Analysis Reporting System 

(FARS) means the nationwide census 

providing yearly public data regarding 

fatal injuries suffered in motor vehicle 

traffic crashes, as published by NHTSA. 

* * * * * 

Number of non-motorized fatalities 

means the total number of fatalities (as 

defined in this section) with the FARS 

person attribute codes for Pedestrian, 

Bicyclist, Other Cyclist, and Person on 

Personal Conveyance (includes 

motorized, non-motorized, and 

unknown whether it was motorized or 

non-motorized). 

Number of non-motorized serious 

injuries means the total number of 

persons suffering at least one serious 

injury (as defined in ‘Number of serious 

injuries’) where the injured person is, or 

is equivalent to, a pedestrian (2.2.36) or 

a pedalcyclist (2.2.39) as defined in the 

ANSI D16.1–2017 (incorporated by 

reference, see § 490.111). 

Number of serious injuries means the 

total number of persons suffering at 

least one serious injury for each separate 

motor vehicle traffic crash during a 

calendar year, as reported by the State, 

where the crash involves one or more 

motor vehicles in-transport, that 

originated on or had at least one 

harmful event (i.e., injury or damage) on 

a trafficway, and the injury status is 

‘‘(A) suspected serious injury’’ as 

described in MMUCC, (incorporated by 

reference, see § 490.111). 

* * * * * 

Serious injuries means a ‘‘(A) 

suspected serious injury’’ as defined in 

the MMUCC. 

■ 8. Revise § 490.207 to read as follows: 

§ 490.207 National performance 

management measures for the Highway 

Safety Improvement Program. 

(a) There are five performance 

measures for the purpose of carrying out 

the HSIP. They are: 

(1) Number of fatalities; 

(2) Rate of fatalities; 

(3) Number of serious injuries; 

(4) Rate of serious injuries; and, 

(5) Number of non-motorized fatalities 

and non-motorized serious injuries. 

(b) Each performance measure is 

based on a 3-year average. The 

performance measures are calculated as 

follows: 

(1) The performance measure for the 

number of fatalities is the 3-year average 

of the total number of fatalities for each 

State and shall be calculated by adding 

the number of fatalities for each of the 

most recent 3 consecutive years ending 

in the year for which the performance 

targets are established, dividing by 3, 

and rounding to the tenths decimal 

place. FARS Annual Report File (ARF) 

may be used if Final FARS is not 

available. 

(2) The performance measure for the 

rate of fatalities is the 3-year average of 

the State’s fatality rate per VMT and 

shall be calculated by first calculating 

the number of fatalities per 100 million 

VMT for each of the most recent 3 

consecutive years ending in the year for 

which the performance targets are 

established, adding the results, dividing 

by 3, and rounding to the thousandths 

decimal place. The FARS ARF may be 

used if Final FARS is not available. 

State VMT data are derived from the 

HPMS. The Metropolitan Planning 

Organizations (MPO) VMT is estimated 

by the MPO. The sum of the fatality 

rates is divided by three and then 

rounded to the thousandths decimal 

place. 

(3) The performance measure for the 

number of serious injuries is the 3-year 

average of the total number of serious 

injuries for each State and shall be 

calculated by adding the number of 

serious injuries for each of the most 

recent 3 consecutive years ending in the 

year for which the performance targets 

are established, dividing by three, and 

rounding to the tenths decimal place. 

(4) The performance measure for the 

rate of serious injuries is the 3-year 

average of the State’s serious injuries 

rate per VMT and shall be calculated by 

first calculating the number of serious 

injuries per 100 million VMT for each 

of the most recent 3 consecutive years 

ending in the year for which the 

performance targets are established, 

adding the results, dividing by three, 

and rounding to the thousandths 

decimal place. State VMT data are 

derived from the HPMS. The MPO VMT 

is estimated by the MPO. 

(5) The performance measure for the 

number of non-motorized fatalities and 

non-motorized serious injuries is the 3- 

year average of the total number of nonmotorized fatalities and non-motorized 

serious injuries for each State and shall 

be calculated by adding the number of 

non-motorized fatalities to the number 

non-motorized serious injuries for each 

of the most recent 3 consecutive years 

ending in the year for which the 

performance targets are established, 

dividing by three, and rounding to the 

tenths decimal place. FARS ARF may be 

used if Final FARS is not available. 

■ 9. Revise § 490.209 to read as follows: 

§ 490.209 Establishment of performance 

targets. 

(a) State DOTs shall establish 

performance targets triennially for each 

performance measure identified in 

§ 490.207(a) in a manner that is 

consistent with the following: 

(1) State DOT performance targets 

shall be identical to the performance 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4869 

targets established by the State Highway 

Safety Office for common performance 

measures reported in the State’s 

triennial Highway Safety Plan, subject 

to the requirements of 23 U.S.C. 

402(k)(4), and as coordinated through 

the State Strategic Highway Safety Plan. 

(2) State DOT performance targets 

shall represent performance outcomes 

triennially (every third calendar year). 

The first triennial performance targets 

will be established in [year to be 

inserted] and will represent 

performance for calendar years [year to 

be inserted] through [year to be inserted] 

based on a 3-year average. The 

performance targets shall be reported to 

the FHWA consistent with the 

requirements in § 490.213(a). 

(3) State DOT performance targets 

shall represent the anticipated 

performance outcome for all public 

roadways within the State regardless of 

ownership or functional class. 

(4) State DOT performance targets 

shall demonstrate constant or improved 

performance from the baseline safety 

performance. 

(5) Unless approved by FHWA and 

subject to § 490.209(a)(1), a State DOT 

shall not change one or more of its 

performance targets for a given triennial 

cycle once submitted to the FHWA. 

(b) In addition to performance targets 

described in paragraph (a) of this 

section, State DOTs may, as appropriate, 

for each performance target in paragraph 

(a) of this section establish additional 

performance targets for portions of the 

State. 

(1) A State DOT shall declare and 

describe the boundaries used to 

establish each additional performance 

target, as required by § 490.213(a). 

(2) State DOTs may select any number 

and combination of urbanized area 

boundaries and may also select a single 

non-urbanized area boundary for the 

establishment of additional performance 

targets. 

(3) The boundaries used by the State 

DOT for additional performance targets 

shall be contained within the 

geographic boundary of the State. 

(c) The Metropolitan Planning 

Organizations (MPO) shall establish 

performance targets triennially for each 

of the measures identified in 

§ 490.207(a), where applicable, in a 

manner that is consistent with the 

following: 

(1) The MPOs shall establish 

performance targets not later than 180 

days after the respective State DOT 

establishes and reports performance 

targets to the FHWA. 

(2) The MPO performance targets 

shall represent performance outcomes 

anticipated for the same calendar years 

as the State DOT performance targets. 

(3) After the MPOs within each State 

establish the performance targets, the 

State DOT must be able to provide those 

performance targets to FHWA, upon 

request. 

(4) For each performance measure, the 

MPOs shall establish a performance 

target by either: 

(i) Agreeing to plan and program 

projects so that they contribute toward 

the accomplishment of the State DOT 

performance target for that performance 

measure; or 

(ii) Committing to a quantifiable 

performance target that demonstrates 

constant or improved performance for 

that performance measure for their 

metropolitan planning area. 

(5) The MPOs that establish 

quantifiable fatality rate or serious 

injury rate performance targets shall 

report the VMT estimate used for such 

performance targets and the 

methodology used to develop the 

estimate. The methodology should be 

consistent with other Federal reporting 

requirements, if applicable. 

(6) The MPO performance targets 

established under paragraph (c)(4) of 

this section specific to the metropolitan 

planning area shall represent the 

anticipated performance outcome for all 

public roadways within the 

metropolitan planning boundary 

regardless of ownership or functional 

class. 

(d)(1) The State DOT and relevant 

MPOs shall coordinate on the 

establishment of performance targets in 

accordance with 23 CFR part 450 to 

ensure consistency, to the maximum 

extent practicable. 

(2) The MPOs with multi-State 

boundaries that agree to plan and 

program projects to contribute toward 

State DOT performance targets in 

accordance with paragraph (c)(4)(i) of 

this section shall plan and program 

safety projects in support of the State 

DOT performance targets for each area 

within each State (e.g., MPOs that 

extend into two States shall agree to 

plan and program projects to contribute 

toward two separate sets of performance 

targets (one set for each State)). 

■ 10. Revise § 490.211 to read as 

follows: 

§ 490.211 Determining whether a State 

department of transportation has met or 

made significant progress toward meeting 

performance targets. 

(a) The determination for having met 

or made significant progress toward 

meeting the performance targets under 

23 U.S.C. 148(i) will be determined 

based on: 

(1) The most recent available Final 

FARS data for the fatality number. The 

FARS ARF may be used if Final FARS 

is not available; 

(2) The most recent available Final 

FARS and HPMS data for the fatality 

rate. The FARS ARF may be used if 

Final FARS is not available; 

(3) The most recent available Final 

FARS data for the non-motorized 

fatality number. The FARS ARF may be 

used if Final FARS is not available; 

(4) State reported data for the serious 

injuries number; 

(5) State reported data and HPMS data 

for the serious injuries rate; and 

(6) State reported data for the nonmotorized serious injuries number. 

(b) The State-reported serious injury 

data and non-motorized serious injury 

data will be taken from the HSIP annual 

report, prepared in accordance with 23 

CFR part 924. 

(c) The FHWA will evaluate whether 

a State DOT has met or made significant 

progress toward meeting performance 

targets. 

(1) The FHWA will not evaluate any 

additional performance targets a State 

DOT may establish under § 490.209(b). 

(2) A State DOT is determined to have 

met or made significant progress toward 

meeting its performance targets when at 

least four of the performance targets 

established under § 490.207(a) are: 

(i) Met; or 

(ii) The outcome for a performance 

measure is less than the baseline safety 

performance for a performance measure. 

For example, of the State DOT’s five 

performance targets, the State DOT is 

determined to have met or made 

significant progress toward meeting its 

performance targets if it met two 

performance targets and the outcome is 

less than the measure for the year prior 

to the establishment of the performance 

target for two other performance targets. 

(d) If a State DOT has not met or made 

significant progress toward meeting 

performance targets in accordance with 

paragraph (c) of this section, the State 

DOT must comply with 23 U.S.C. 148(i) 

for the subsequent 3 fiscal years. 

(e) The FHWA will determine 

whether a State DOT has met or made 

significant progress toward meeting 

performance targets following the last 

calendar year for which the performance 

targets are established, and then 

triennially thereafter. 

(f) The FHWA will continue to assess 

prior year performance targets annually, 

based on a 5-year rolling average, to 

determine met or made significant 

progress toward meeting calendar year 

[year to be inserted] performance targets 

in [year to be inserted]. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
4870 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

(g) The FHWA will determine that a 

State DOT has not met or made 

significant progress toward the 

achievement of performance targets if a 

State DOT does not report the required 

data in the HSIP annual report, in 

accordance with § 490.213(b). 

(h) The FHWA will consider 

extenuating circumstances documented 

by the State DOT in the assessment of 

progress toward met or made significant 

progress of performance targets. 

(1) The FHWA will classify the 

assessment of progress toward the 

achievement of the triennial 

performance target as ‘‘progress not 

determined’’ if the State DOT has 

provided an explanation of the 

extenuating circumstances beyond the 

control of the State DOT that prevented 

it from meeting or making significant 

progress toward the achievement of the 

triennial performance targets and the 

State DOT has quantified the impacts on 

the performance that resulted from the 

circumstances, which are: 

(i) Natural or man-made disasters 

declared under the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act that caused delay in data 

collection; 

(ii) [Reserved] 

(iii) New law or regulation directing 

State DOTs to change metric or measure 

calculation; or 

(iv) Presidentially declared national 

emergency that impacts the collection or 

submittal of data. 

(2) If the State DOT’s explanation, 

described in paragraph (h)(1) of this 

section, is accepted by the FHWA, then 

the progress toward achieving the safety 

performance targets will be classified as 

‘‘progress not determined’’. 

■ 11. Revise § 290.213 to read as 

follows: 

§ 490.213 Reporting of Performance 

Targets for the Highway Safety 

Improvement Program. 

(a) The performance targets 

established by the State DOT shall be 

reported to the FHWA by [date to be 

inserted], and triennially thereafter, in 

accordance with 23 CFR part 924. 

(b) The State DOT shall annually 

report on performance in the HSIP 

annual report, in accordance with 23 

CFR part 924. The State DOT shall, at 

a minimum, include the most recent 6 

consecutive years of State reported 

serious injury data and non-motorized 

serious injury data in each year’s HSIP 

annual report. 

(c) The MPOs shall triennially report 

their established performance targets to 

their respective State DOT, in a manner 

that is documented and mutually agreed 

upon by both parties. 

(d) The MPOs shall report baseline 

safety performance, VMT estimate and 

methodology if a quantifiable rate 

performance target was established, and 

progress toward the achievement of 

their performance targets in the system 

performance report in the metropolitan 

transportation plan in accordance with 

23 CFR part 450. Performance and 

progress shall be reported based on the 

following data sources: 

(1) The most recent available Final 

FARS data for the fatality number. The 

FARS ARF may be used if Final FARS 

is not available; 

(2) The most recent available Final 

FARS and MPO VMT estimate for the 

fatality rate. The FARS ARF may be 

used if Final FARS is not available; 

(3) The most recent available Final 

FARS data for the non-motorized 

fatality number. The FARS ARF may be 

used if Final FARS is not available; 

(4) State reported data for the serious 

injuries number; 

(5) State reported data and MPO VMT 

estimate for the serious injuries rate; 

and 

(6) State reported data for the nonmotorized serious injuries number. 

Subpart C—National Performance 

Management Measures for Assessing 

Pavement Condition 

■ 12. Amend § 490.305 by revising 

paragraph (3) of the definition for 

‘‘Cracking Percent’’ to read as follows: 

§ 490.305 Definitions 

* * * * * 

Cracking Percent * * * 

(3) For CRCP, the Cracking Percent is 

the percentage of pavement surface with 

longitudinal cracking or punchouts, 

spalling or other visible defects. 

* * * * * 

■ 13. Amend § 490.309 by revising 

paragraphs (a), (b)(1)(i)(B), (b)(1)(iv)(A), 

(b)(2)(i)(B), (b)(2)(ii)(B), (b)(2)(iii)(A), 

(b)(3)(v) through (vii), and the 

introductory text of paragraph (c) to 

read as follows: 

§ 490.309 Data requirements. 

(a) The performance measures 

identified in § 490.307 are to be 

computed using methods in § 490.313 

from the four condition metrics and the 

three relevant data items contained 

within the HPMS, which are collected 

and reported following the HPMS Field 

Manual (incorporated by reference, see 

§ 490.111). State DOTs shall report four 

condition metrics for each pavement 

section: IRI, rutting, faulting, and 

Cracking_Percent. State DOTs shall also 

report three relevant data items: 

Through_Lanes, Surface_Type, and 

Structure_Type. All pavement data 

collected after January 1, 2018, for 

Interstate highways and January 1, 2020, 

for non-Interstate National Highway 

System routes shall meet the 

requirements of this section. 

(b) * * * 

(1) * * * 

(i) * * * 

(B) In the rightmost travel lane or an 

adjacent lane for all data if the rightmost 

travel lane is not readily accessible due 

to construction, closure, excessive 

congestion, or other events impacting 

access; 

* * * * * 

(iv) * * * 

(A) The PSR shall be determined as a 

value from 0.1 to 5.0 per the procedures 

prescribed in the HPMS Field Manual; 

* * * * * 

(2) * * * 

(i) * * * 

(B) In the rightmost travel lane or an 

adjacent lane for all data if the rightmost 

travel lane is not accessible due to 

construction, closure, excessive 

congestion, or other events impacting 

access; 

* * * * * 

(ii) * * * 

(B) In the rightmost travel lane or an 

adjacent lane for all data if the rightmost 

travel lane is not accessible due to 

construction, closure, excessive 

congestion, or other events impacting 

access; 

* * * * * 

(iii) * * * 

(A) The PSR shall be determined as a 

0.1 to 5.0 value per the procedures 

prescribed in the HPMS Field Manual; 

* * * * * 

(3) * * * 

(v) For CRCP the method to collect the 

data needed to determine the Cracking_

Percent metric is described in the HPMS 

Field Manual and includes longitudinal 

cracking or punchouts, spalling, or other 

visible defects. 

(vi) For asphalt pavements, the 

method to collect data needed to 

determine the rutting metric shall be the 

method(s) identified in the HPMS Field 

Manual. 

(vii) For jointed concrete pavements, 

the method to collect data needed to 

determine the faulting metric shall be in 

accordance with AASHTO Standard 

R36–21 (incorporated by reference, see 

§ 490.111). 

(c) State DOTs shall collect data in 

accordance with the following relevant 

HPMS requirements to report Through_

Lanes, Surface_Type, and Structure_

Type. 

* * * * * 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 4871 

■ 14. Amend § 490.311 by revising 

paragraphs (a), (b)(5)(ii), (c)(3)(i) through 

(iii), and (d) to read as follows: 

§ 490.311 Calculation of pavement metrics. 

(a) The condition metrics and relevant 

data items needed to calculate the 

pavement performance measures shall 

be calculated in accordance with the 

HPMS Field Manual (incorporated by 

reference, see § 490.111), except as 

noted below. 

(b) * * * 

(5) * * * 

(ii) The PSR shall be determined as a 

0.1 to 5.0 value per the procedures 

prescribed in the HPMS Field Manual. 

* * * * * 

(c) * * * 

(3) * * * 

(i) The StateID, RouteID, BeginPoint, 

and EndPoint shall be reported as 

specified in the HPMS Field Manual 

(incorporated by reference, see 

§ 490.111) for each of the four condition 

metrics. 

(ii) The BeginDate shall be reported as 

required in the HPMS Field Manual for 

each of the four condition metrics; and 

(iii) The ValueDate shall be reported 

as the month and year of data collection 

for each of the four condition metrics. 

* * * * * 

(d) The three data items, Through_

Lanes, Surface_Type, and Structure_

Type shall be reported to the HPMS as 

directed in Chapter 4 of the HPMS Field 

Manual for the entire extent of the NHS. 

(1) Section Lengths for the three data 

items are not required to meet the 0.1 

mile nominal length but may be any 

logical length as defined in the HPMS 

Field Manual. 

(2) The three data elements shall be 

reported to the HPMS for the Interstate 

System by April 15 of each year. 

(3) The three data elements shall be 

reported to the HPMS for the nonInterstate NHS by June 15 of each year 

that data reporting is required. 

■ 15. Amend § 490.313 by revising 

paragraph (b)(4) and (f)(2) through (5) to 

read as follows: 

§ 490.313 Calculation of performance 

management measures. 

* * * * * 

(b) * * * 

(4) The FHWA will determine that a 

reported section in HPMS has a missing, 

invalid or unresolved data on the dates 

specified in § 490.317(b) for Interstate 

System and § 490.109(d)(1)(ii) for nonInterstate NHS, if a reported section 

does not meet any one of the data 

requirements specified in §§ 490.309 

and 490.311(c) or that reported section 

does not provide sufficient data to 

determine its Overall Condition 

specified in paragraphs (c) through (f) of 

this section: 

(i) Total mainline lane-miles of 

missing, invalid, or unresolved sections 

for Interstate System on the date 

specified in § 490.317(b) shall be limited 

to no more than 5.0 percent of the total 

Interstate System lane miles less the 

sections excluded in § 490.313(f)(1). 

(ii) Total mainline lane-miles of 

missing, invalid, or unresolved sections 

for non-Interstate NHS on the dates 

specified in § 490.109(d)(1)(ii) shall be 

limited to no more than 5.0 percent of 

the total non-Interstate NHS lane miles 

less the sections excluded in 

§ 490.313(f)(1). 

(iii) Where applicable, for each 

pavement section with missing 

condition metric(s) or relevant data 

item(s), State DOTs shall include in the 

HPMS submittal the specific code 

identified in the HPMS Field Manual 

(incorporated by reference, see 

§ 490.111) noting the reason the data 

was not collected. 

(iv) Calculation of overall pavement 

conditions in any State meeting the 

requirements of § 490.309(b) shall be 

based only on sections data extracted on 

the dates specified in § 490.317(b) for 

Interstate System and § 490.109(d)(1)(ii) 

for non-Interstate NHS. 

(v) State DOTs not meeting the 

requirements of § 490.309(b) will be 

considered as not in compliance with 

§ 420.105(b) requiring State DOTs to 

submit data to the HPMS and not in 

compliance with § 490.107 requiring 

reporting on performance targets. 

(vi) Failure to meet the requirements 

of § 490.309(b) or paragraph (b)(4)(i) of 

this section on the date specified in 

§ 490.317(b) for the Interstate System 

will be considered as not meeting the 

minimum requirements for pavement 

conditions on the Interstate System and 

that State DOT is subject to the penalties 

in § 490.315. 

* * * * * 

(f) * * * 

(2) For § 490.307(a)(1) the measure for 

percentage of lane-miles of the Interstate 

System in Good condition shall be 

computed to the one tenth of a percent 

as follows: 

Where: 

Good = total number of mainline highway 

Interstate System sections where the 

overall condition is Good; 

g = a section’s overall condition is 

determined Good per paragraph (b) or (c) 

of this section; 

t = an Interstate System section; 

Total = total number of mainline highway 

Interstate System sections excluding 

bridges, unpaved surface and ‘‘other’’ 

surface types, and missing data sections, 

described in paragraphs (f)(1) and 

(b)(4)(i) of this section. 

BeginPoint = Begin Milepost of each section 

g or t; 

EndPoint = End Milepost of each section g 

or t; and 

Through_lanes = the number of lanes 

designated for through-traffic 

represented by a section g or t. 

(3) For § 490.307(a)(2) the measure for 

percentage of lane-miles of the Interstate 

System in Poor condition shall be 

computed to the one tenth of a percent 

as follows: 

Where: 

Poor = total number of mainline highway 

Interstate System sections where the 

overall condition is Poor; 

p = a section’s overall condition is 

determined Poor per paragraph (b) or (c) 

of this section; 

t = an Interstate System section; 

Total = total number of mainline highway 

Interstate System sections excluding 

bridges, unpaved surface and ‘‘other’’ 

surface types, and missing data sections, 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP25JA24.003</GPH> EP25JA24.004</GPH>

L~~1d{(EndPoint- BeginPoint) X Through_lanes}sectiong 

lOO X Li~iaz{(EndPoint - BeginPoint) X Through_lanes}section t 

L;~r{(EndPoint- BeginPoint) X Through_lanes}sectionp 

lOO X Li~iaz{(EndPoint - BeginPoint) X Through_lanes}section t 
4872 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Proposed Rules 

described in paragraphs (f)(1) and 

(b)(4)(i) of this section; 

BeginPoint = Begin Milepost of each section 

p or t; 

EndPoint = End Milepost of each section p 

or t; and 

Through_lanes = the number of lanes 

designated for through-traffic 

represented by a section p or t. 

(4) For § 490.307(a)(3) the measure for 

percentage of lane-miles of the nonInterstate NHS in Good condition in 

§ 490.307(a)(3) shall be computed to the 

one tenth of a percent as follows: 

Where: 

Good = total number of mainline highway 

non-Interstate NHS sections where the 

overall condition is Good; 

g = a section’s overall condition is 

determined Good per paragraph (b), (c) 

or (d) of this section; 

t = a non-Interstate NHS section; 

Total = total number of mainline highway 

non-Interstate NHS sections excluding 

bridges, unpaved surface and ‘‘other’’ 

surface types, and missing data sections, 

described in paragraphs (f)(1) and 

(b)(4)(i) of this section; 

BeginPoint = Begin Milepost of each section 

g or t; 

EndPoint = End Milepost of each section g 

or t; and 

Through_lanes = the number of lanes 

designated for through-traffic 

represented by a section g or t. 

(5) For § 490.307(a)(4) the measure for 

percentage of lane-miles of the nonInterstate NHS in Poor condition in 

§ 490.307(a)(4) shall be computed to the 

one tenth of a percent as follows: 

Where: 

Poor = total number of mainline highway 

non-Interstate NHS sections where the 

overall condition is Poor; 

p = a section’s overall condition is 

determined Poor per paragraph (b), (c) or 

(d) of this section; 

t = a non-Interstate NHS section; 

Total = total number of mainline highway 

non-Interstate NHS sections excluding 

bridges, unpaved surface and ‘‘other’’ 

surface types, and missing data sections, 

described in paragraphs (f)(1) and 

(b)(4)(i) of this section; 

BeginPoint = Begin Milepost of each section 

p or t; 

EndPoint= End Milepost of each section p or 

t; and 

Through_lanes = the number of lanes 

designated for through-traffic 

represented by a section p or t. 

■ 16. Amend § 490.317 by adding 

paragraphs (c)(1) and (2) to read as 

follows: 

§ 490.317 Penalties for not maintaining 

minimum Interstate System pavement 

condition. 

* * * * * 

(c) * * * 

(1) FHWA shall use the determination 

from the previous year to carry out 

paragraph (a) of this section when 

FHWA determines a State DOT is not in 

compliance with § 490.315(a) or 

§ 490.315(b) due to an extenuating 

circumstance listed in § 490.109(e)(5) 

related to the collection or submittal of 

data. 

(2) State DOTs will provide a 

description of any applicable 

extenuating circumstances for FHWA’s 

consideration by the date specified in 

§ 490.317(b). 

* * * * * 

■ 17. Amend § 490.319 by revising 

paragraph (c)(1)(ii) to read as follows: 

§ 490.319 Other requirements. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Certification process for persons 

performing data collection; 

* * * * * 

Subpart E—National Performance 

Management Measures To Assess 

Performance of the National Highway 

System 

■ 18. In § 490.509 amend paragraph (d) 

by removing the text ‘‘and/or’’ and 

adding, in its place, the text ‘‘or’’. 

Subpart G—National Performance 

Management Measures for Assessing 

the Congestion Mitigation and Air 

Quality Improvement Program—Traffic 

Congestion 

■ 19. In § 490.709, amend paragraph 

(e)(1)(i) by removing the text ‘‘and/or’’ 

and adding, in its place, the text ‘‘or’’. 

[FR Doc. 2024–00373 Filed 1–24–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[BLM_CO_FRN_MO4500172299] 

Public Lands in the Colorado River 

Valley, Grand Junction and Kremmling 

Field Offices, and the DominguezEscalante National Conservation Area, 

CO 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed supplementary rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is proposing a 

supplementary rule to protect natural 

resources and public health and safety. 

The proposed supplementary rule 

would apply to public lands and BLM 

facilities managed by the Colorado River 

Valley, Grand Junction, and Kremmling 

Field Offices, and the DominguezEscalante National Conservation Area 

(NCA) in Colorado managed by the 

Grand Junction and Uncompahgre Field 

Offices. 

DATES: Please submit comments by 

March 25, 2024. Comments received 

after this date may not be considered in 

the development of the final 

supplementary rule. 

ADDRESSES: You may submit comments 

by the following methods: ePlanning 

https://eplanning.blm.gov/eplanning-ui/ 

project/90071/510, mail or hand deliver 

to Proposed Supplementary Rule, 

Attention: Erin Jones, Upper Colorado 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP25JA24.005</GPH> EP25JA24.006</GPH>

L~~1d{(EndPoint - BeginPoint} X Through_lanes}segment g 

lOO x Li~rl{(EndPoint- BeginPoint} X Through_lanes}segment t 

I;~r{(EndPoint- BeginPoint} x Through_lanes}sectionp 

lOO X Li~ial{(EndPoint - BeginPoint} X Through_lanes}section t