Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46427 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Federal 

Aviation Administration, Air Traffic 

Organization, Central Service Center, 

Operations Support Group, 10101 

Hillwood Parkway, Fort Worth, TX 

76177. 

Availability and Summary of 

Documents Proposed for Incorporation 

by Reference 

This document proposes to amend 

FAA Order 7400.11B, Airspace 

Designations and Reporting Points, 

dated August 3, 2017, and effective 

September 15, 2017. FAA Order 

7400.11B is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11B lists 

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

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by: 

Modifying Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.4-mile radius (reduced 

from a 7-mile radius) of Fort Scott 

Municipal Airport, Fort Scott, KS; 

removing the Fort Scott NDB from the 

legal description; and removing the 

extension north of the NDB; and 

Modifying Class E airspace extending 

upward from 700 feet above the surface 

to within a 6.5-mile radius (reduced 

from a 7.6-mile radius) of Phillipsburg 

Municipal Airport, Phillipsburg, KS; 

removing the Phillipsburg NDB from the 

legal description; and removing the 

extension southeast of the NDB. 

Airspace reconfiguration is necessary 

due to the decommissioning of the Fort 

Scott NDB and the Phillipsburg NDB, 

the cancellation of the associated 

instrument approach procedures, and to 

bring the airspace in compliance with 

FAA Order 7400.2L, Procedures for 

Handling Airspace Matters. Controlled 

airspace is necessary for the safety and 

management of standard instrument 

approach procedures for IFR operations 

at these airports. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11B, dated August 3, 2017, 

and effective September 15, 2017, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

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, is noncontroversial and unlikely to result in 

adverse or negative comments. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

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

rule’’ under 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, 

would 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. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 14 CFR 

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 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE KS E5 Fort Scott, KS [Amended] 

Fort Scott Municipal Airport, KS 

(Lat. 37°47′54′′ N., long. 94°46′10′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Fort Scott Municipal Airport. 

* * * * * 

ACE KS E5 Phillipsburg, KS [Amended] 

Phillipsburg Municipal Airport, KS 

(Lat. 39°44′09′′ N., long. 99°19′02′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Phillipsburg Municipal Airport. 

Issued in Fort Worth, Texas, on September 

27, 2017. 

Wayne Eckenrode, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2017–21362 Filed 10–4–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[Docket No. FHWA–2017–0025] 

RIN 2125–AF76 

National Performance Management 

Measures; Assessing Performance of 

the National Highway System, Freight 

Movement on the Interstate System, 

and Congestion Mitigation and Air 

Quality Improvement Program 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This NPRM follows a series of 

related rules that established a set of 

performance measures for State 

departments of transportation (State 

DOT) and Metropolitan Planning 

Organizations (MPO) to use as required 

by Moving Ahead for Progress in the 

21st Century Act (MAP–21) and the 

Fixing America’s Surface Transportation 

(FAST) Act. In the last of that series of 

rules, published on January 18, 2017, 

FHWA established a measure on the 

percent change in carbon dioxide (CO2) 

emissions from the reference year 2017, 

generated by on-road mobile sources on 

the National Highway System (NHS) 

(also referred to as the Greenhouse Gas 

(GHG) measure). Through this NPRM, 

FHWA proposes to repeal the GHG 

measure. 

DATES: Comments must be received on 

or before November 6, 2017. Late 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

identified by the docket number 


ethrower on DSK3G9T082PROD with PROPOSALS
46428 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

1Moving Ahead for Progress in the 21st Century 

Act (MAP–21): https://www.gpo.gov/fdsys/pkg/ 

PLAW-112publ141/html/PLAW-112publ141.htm. 

2Fixing America’s Surface Transportation (FAST) 

Act: https://www.gpo.gov/fdsys/pkg/PLAW114publ94/html/PLAW-114publ94.htm. 

3First performance measure final rule: ‘‘National 

Performance Management Measures: Highway 

Safety Improvement Program’’ (RIN 2125–AF49): 

https://www.gpo.gov/fdsys/pkg/FR-2016-03-15/pdf/ 

2016-05202.pdf. 

4Second performance measure final rule: 

‘‘National Performance Management Measures; 

Assessing Pavement Condition for the National 

Highway Performance Program and Bridge 

Condition for the National Highway Performance 

Program’’ (RIN 2125–AF53): https://www.gpo.gov/ 

fdsys/pkg/FR-2017-01-18/pdf/2017-00550.pdf. 

5Third performance measure final rule: ‘‘National 

Performance Management Measures: Assessing 

Performance of the National Highway System, 

Freight Movement on the Interstate System, and 

Congestion Mitigation and Air Quality 

Improvement Program’’ (RIN 2125–AF54): https://

www.gpo.gov/fdsys/pkg/FR-2017-01-18/pdf/2017- 

00681.pdf. 

6These areas are listed within 23 U.S.C. 150(c), 

which requires the Secretary to establish measures 

to assess performance or condition. 

FHWA–2017–0025 by any one of the 

following methods: 

Fax: 1–202–493–2251; 

Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 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; or 

electronically through the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency name, docket name 

and docket number or Regulatory 

Identifier Number (RIN) for this 

rulemaking (2125–AF76). In accordance 

with 5 U.S.C. 553(c), DOT solicits 

comments from the public to better 

inform its rulemaking process. The 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. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20950, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical information: Susanna Hughes 

Reck, Office of Infrastructure, (202) 366– 

1548; for legal information: Anne 

Christenson, Office of Chief Counsel, 

(202) 366–1356, Federal Highway 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

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

ET, Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

A copy of the NPRM, all comments 

received, and all background material 

may be viewed online at http://

www.regulations.gov. Electronic 

retrieval help and guidelines are 

available on the Web site. It is available 

24 hours each day, 365 days each year. 

An electronic copy of this document 

may also be downloaded from the Office 

of the Federal Register’s Web site at 

http://www.ofr.gov and the Government 

Publishing Office’s Web site at http://

www.gpo.gov. 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

A. Purpose of the Regulatory Action 

B. Costs 

II. Background 

III. Acronyms and Abbreviations 

IV. Rulemaking Analyses and Notices 

A. Rulemaking Analysis and Notices: 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), Executive Order 

13771 (Reducing Regulation and 

Controlling Regulatory Costs), and DOT 

Regulatory Policies and Procedures 

B. Regulatory Flexibility Act 

C. Unfunded Mandates Reform Act of 1995 

D. Executive Order 13132 (Federalism 

Assessment) 

E. Executive Order 12372 

(Intergovernmental Review) 

F. Paperwork Reduction Act 

G. National Environmental Policy Act 

H. Executive Order 12630 (Taking of 

Private Property) 

I. Executive Order 12988 (Civil Justice 

Reform) 

J. Executive Order 13045 (Protection of 

Children) 

K. Executive Order 13175 (Tribal 

Consultation) 

L. Executive Order 13211 (Energy Effects) 

M. Executive Order 12898 (Environmental 

Justice) 

N. Regulation Identifier Number 

I. Executive Summary 

A. Purpose of the Regulatory Action 

The MAP–21 1 (Pub. L. 112–141) 

transforms the Federal-aid highway 

program by establishing new 

requirements for performance 

management to ensure the most efficient 

investment of Federal transportation 

funds. The FAST Act 2 (Pub. L. 114–94) 

continued these requirements. 

Performance management increases the 

accountability and transparency of the 

Federal-aid highway program and 

provides a framework to support 

improved investment decisionmaking 

through a focus on performance 

outcomes for key national transportation 

goals. 

As part of this mandate, FHWA issued 

three related national performance 

management measure rules 345 that 

established a set of performance 

measures for State DOTs and MPOs to 

use to assess performance. In these 

rules, FHWA established performance 

measures in 12 areas 6 generalized as 

follows: (1) Serious injuries per vehicle 

mile traveled (VMT); (2) fatalities per 

VMT; (3) number of serious injuries; (4) 

number of fatalities; (5) pavement 

condition on the Interstate System; (6) 

pavement condition on the nonInterstate NHS; (7) bridge condition on 

the NHS; (8) performance of the 

Interstate System; (9) performance of the 

non-Interstate NHS; (10) freight 

movement on the Interstate System; (11) 

traffic congestion; and (12) on-road 

mobile source emissions. 

One of the measures FHWA created to 

assess the performance of the NHS 

under the National Highway 

Performance Program (NHPP) is Percent 

Change in Tailpipe Carbon Dioxide 

(CO2) Emissions on the NHS from the 

Calendar Year 2017 (also referred to as 

the GHG measure). It was created to 

advance a policy preference of the prior 

Administration. It would be calculated 

using data on fuel use and VMT. The 

FHWA received a high volume of 

comments both in support of and 

opposed to this measure in response to 

the third NPRM. This measure became 

effective on DATE, 2017, at 82 FR CITE. 

After further consideration and review 

of DOT policy, as well as the statutory 

provisions, the DOT is proposing to 

repeal the requirement. This rulemaking 

provides additional opportunity for 

public comment and submission of 

information that will aid FHWA in 

making this determination. 

B. Costs 

As part of the rulemaking that was 

finalized in January 2017, FHWA 

estimated the incremental costs 

associated with the new requirements 

for a GHG Measure that represented a 

change to current practices of DOT, 

State DOTs, and MPOs. The FHWA 


ethrower on DSK3G9T082PROD with PROPOSALS
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46429 

7Third performance measure NPRM: ‘‘Assessing 

Performance of the National Highway System, 

Freight Movement on the Interstate System, and 

Continued 

derived the costs of the new 

requirements by assessing the additional 

capital needed and the expected 

increase in the level of labor effort for 

FHWA, State DOTs, and MPOs to 

calculate the measure and establish and 

report GHG measure targets. To develop 

this estimate, FHWA sought opinions 

from subject matter experts (SME). Cost 

estimates were developed based on 

information received from SMEs. To 

estimate costs, FHWA multiplied the 

level of effort, expressed in labor hours, 

with a corresponding loaded wage rate 

that varied by the type of laborer needed 

to perform the activity. Where 

necessary, capital costs were also 

included. The 9-year cost discounted at 

7 percent to comply with the GHG 

measure discussed in this document is 

$11.0 million. By proposing to remove 

the GHG measure in this rulemaking, 

FHWA is proposing a deregulatory 

action that may result in cost-savings of 

$11.0 million discounted at 7 percent 

over 9 years. 

Table X displays the Office of 

Management and Budget (OMB) A–4 

Accounting statement as a summary of 

the cost savings associated with 

repealing the GHG measure. 

TABLE X—OMB A–4 ACCOUNTING STATEMENT

Category 

Estimates Units 

Source/citation 

Primary Low High Year 

dollar 

Discount 

rate 

% 

Period 

covered 

(years) 

Benefits 

Annualized Monetized ($ millions/ 

year).

None ....................

None ....................

None ........

None ........

None ........

None ........

NA 

NA 

7 

3 

NA 

NA 

Not Quantified. 

Annualized Quantified ...................... None ....................

None ....................

None ........

None ........

None ........

None ........

NA 

NA 

7 

3 

NA 

NA 

Not Quantified. 

Qualitative ......................................... More informed decisionmaking on project, program, and policy choices. NPRM RIA. 

Costs 

Annualized Monetized ($/year) ........ ¥$1,682,339 .......

¥$1,655,267 .......

.............

.............

.............

.............

2014 

2014 

7 

3 

9 

9 

NPRM RIA. 

Annualized Quantified ...................... None ....................

None ....................

None ........

None ........

None ........

None ........

2014 

2014 

7 

3 

9 

9 

NPRM RIA. 

Qualitative 

Transfers None 

From/To From: To: 

Effects 

State, Local, and/or Tribal Government.¥$1,682,339 .......

¥$1,655,267 .......

.............

.............

.............

.............

2014 

2014 

7 

3 

9 

9 

NPRM RIA. 

Small Business ................................. Not expected to have a significant impact on 

a substantial number of small entities. 

NA NA NA NPRM RIA. 

II. Acronyms and Abbreviations 

Acronym or 

abbreviation Term 

APA ............. Administrative Procedure Act. 

CFR ............. Code of Federal Regulations. 

CH4 .............. Methane. 

CMAQ ......... Congestion Mitigation and Air 

Quality Improvement Program. 

CO2 ............. Carbon dioxide. 

DOT ............. U.S. Department of Transportation. 

EO ............... Executive Order. 

EERPAT ...... Energy and Emissions Reduction Policy Analysis Tool. 

EIA .............. Energy Information Agency, 

U.S. Department of Energy. 

FAST Act ..... Fixing America’s Surface 

Transportation Act. 

FHWA .......... Federal Highway Administration. 

FR ............... Federal Register. 

Acronym or 

abbreviation Term 

GHG ............ Greenhouse gas. 

HPMS .......... Highway Performance Monitoring System. 

HFCs ........... Hydrofluorocarbons. 

MAP–21 ...... Moving Ahead for Progress in 

the 21st Century Act. 

MOVES ....... Motor Vehicle Emission Simulator. 

MPO ............ Metropolitan Planning Organizations. 

N2O ............. Nitrous oxide. 

NHPP .......... National Highway Performance Program. 

NHS ............. National Highway System. 

NPRM .......... Notice of proposed rulemaking. 

NPMRDS ..... National Performance Management Research Data 

Set. 

OMB ............ Office of Management and 

Budget. 

Acronym or 

abbreviation Term 

PRA ............. Paperwork Reduction Act of 

1995. 

RIA .............. Regulatory Impact Analysis. 

RIN .............. Regulatory Identification Number. 

SMEs ........... Subject Matter Experts. 

State DOTs State departments of transportation. 

U.S.C. .......... United States Code. 

VMT ............. Vehicle miles traveled. 

III. Background 

The third performance measure 

NPRM was published on April 22, 2016 

(81 FR 238060).7 The third performance 


ethrower on DSK3G9T082PROD with PROPOSALS
46430 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

Congestion Mitigation and Air Quality 

Improvement Program’’ (RIN 2125–AF54): https://

www.gpo.gov/fdsys/pkg/FR-2016-04-22/pdf/2016- 

08014.pdf. 

8https://www.gpo.gov/fdsys/pkg/FR-2017-01-18/ 

pdf/2017-00681.pdf. 

9EPA’s Motor Vehicle Emissions Simulator 

(MOVES): https://www.epa.gov/moves. 10FHWA’s Energy and Emissions Reduction 

Policy Analysis Tool (EERPAT) https://

www.planning.dot.gov/FHWA_tool/default.aspx. 

11 82 FR 9339, February 3, 2017. https://

www.gpo.gov/fdsys/pkg/FR-2017-02-03/pdf/2017- 

02451.pdf. 

12 82 FR 10691, February 14, 2017. https://

www.whitehouse.gov/the-press-office/2017/02/24/ 

presidential-executive-order-enforcing-regulatoryreform-agenda. 

measure NPRM proposed a set of 

national measures for State DOTs to use 

to assess the performance of the 

Interstate and non-Interstate NHS to 

carry out the NHPP; to assess freight 

movement on the Interstate System; and 

to assess traffic congestion and on-road 

mobile source emissions for the purpose 

of carrying out the CMAQ Program. 

In the preamble to the third 

performance measure NPRM, FHWA 

sought public comment on whether and 

how to establish a CO2 emissions 

measure in the final rule. The FHWA 

asked a series of questions regarding the 

design and implementation of a GHG 

measure and whether one should be 

established. 

The FHWA received thousands of 

comments on whether to establish such 

a measure and how a measure should be 

designed and implemented. Supporting 

comments came from 9 State DOTs, 24 

MPOs, 19 U.S. Senators, 48 Members of 

the U.S. House of Representatives, over 

100 cities, numerous local officials, over 

100 businesses, 91,695 citizens, and 

over 100 public interest, non-profit and 

advocacy organizations. Some State 

DOTs and MPOs already use GHG 

emissions as a performance measure. 

Comments against a GHG measure 

were submitted by 10 State DOTs, 2 

MPOs, 5 U.S. Senators, 31 Members of 

the U.S. House of Representatives, and 

27 transportation and infrastructure 

industry associations. In addition, nine 

State DOTs and three industry 

associations requested that FHWA not 

establish any performance measures not 

explicitly authorized in legislation, 

because GHG is not identified in the 

legislation. 

Several of the commenters in both 

groups addressed whether FHWA has 

the legal authority to establish a GHG 

measure and whether such measure 

could be established in this rulemaking. 

The FHWA published the third 

performance measure final rule on 

January 18, 2017, at 82 FR 5971.8 The 

GHG policy established in the final rule 

was the measure discussed in the third 

performance measure NPRM: total 

annual tons of CO2 emissions from all 

on-road mobile sources. The rule 

requires State DOTs to calculate the 

measure by multiplying motor fuel sales 

volumes by emissions factors of CO2 per 

gallon of fuel and percentage VMT on 

the NHS. A metropolitan planning 

areawide GHG metric may be: (1) A 

share of the State’s (or States’) VMT as 

a proxy for that metropolitan planning 

area share of CO2 emissions; (2) VMT 

estimates along with MOVES 9

emissions factors; (3) FHWA’s Energy 

and Emissions Reduction Policy 

Analysis Tool (EERPAT) model; 10 or (4) 

other method the MPO can demonstrate 

has valid and useful results for CO2

measurement. 

On January 30, 2017, President 

Donald J. Trump issued Executive Order 

13771, entitled, ‘‘Reducing Regulation 

and Controlling Regulatory Costs,’’ 11

which required Federal agencies to take 

proactive measures to reduce the costs 

associated with complying with Federal 

regulations. Additionally, on February 

24, 2017, the President issued Executive 

Order 13777, entitled, ‘‘Enforcing the 

Regulatory Reform Agenda,’’ 12 which 

required Federal agencies to designate a 

Regulatory Reform Office and a 

Regulatory Reform Task Force charged 

with reviewing agency regulations. 

Furthermore, the Administration is 

considering a number of policy changes 

with respect to climate change. For 

example, the Administration has 

announced its intent to withdraw from 

the Paris Accords. Pursuant to Executive 

Order 13771 and 13777, the DOT 

commenced a review of existing and 

pending regulations, which included 

the third performance measure final 

rule, to determine whether changes 

would be appropriate to eliminate 

duplicative regulations and streamline 

regulatory processes. Based upon this 

review, DOT identified the GHG 

measure of the third performance 

measure final rule as being potentially 

duplicative of existing efforts in some 

States, and burdensome. Also, the 

performance management statute (23 

U.S.C. 150) does not explicitly require a 

GHG measure. For these reasons, this 

NPRM proposes to repeal the GHG 

measure. 

This rulemaking proposes to repeal 

the GHG measure, while seeking 

additional public comment on whether 

to retain, or revise the GHG measure 

established in the third performance 

measure final rule. This rulemaking 

seeks additional information that may 

not have been available to the Agency 

during the development of the final 

rule. Additional information will aid 

FHWA in determining whether the 

measure should be repealed, retained, or 

revised. 

During the first public comment 

period, several commenters argued that, 

should FHWA decide to establish a 

GHG measure, it should do so through 

a separate rulemaking. They claimed 

that the third performance measure 

NPRM did not provide sufficient detail 

about the type of measure FHWA might 

adopt for them to comment on the issue 

meaningfully. The FHWA believes that 

sufficient notice was provided in the 

third performance measure NPRM 

under the Administrative Procedure Act 

(APA); however, we are mindful that the 

third performance measure NPRM did 

not include proposed regulatory text for 

the GHG measure. Although the APA 

does not require proposed regulatory 

text to be included in the third 

performance measure NPRM, FHWA 

acknowledges that the GHG measure 

was presented differently than the other 

measures in that it was discussed in the 

preamble using a series of questions to 

limit the scope of the proposal. Some 

commenters stated that they found it 

difficult to formulate meaningful 

comments using this approach alone. 

In the third performance measure 

final rule preamble, FHWA recognized 

that the GHG measure chosen—the 

percent change in tailpipe CO2

emissions on the NHS compared to the 

Calendar Year 2017 level—is imperfect. 

It is measured by calculating fuel sales 

and multiplying the associated CO2

emissions by the proportion of VMT 

that takes place on the NHS. As noted 

in the final rule preamble, this 

methodology is not a perfect proxy, as 

speeds, operating conditions, and 

vehicle types on the NHS differ from 

those that are on other roads and differ 

between States. The FHWA indicated 

that the methodology adopted was a 

balance between the competing goals of 

simplicity and precision. We request 

comments on whether the lack of 

precision in the methodology markedly 

impedes the ability of State DOTs and 

MPOs to use the measure and associated 

targets in evaluating system 

performance and making investment 

decisions. 

The FHWA is interested in whether 

data are available to more directly 

measure GHG emissions effects of NHS 

projects undertaken by States or MPOs. 

The FHWA is responsible for 

establishing the data elements that are 

necessary to collect and maintain the 

standardized data to carry out a 

performance-based approach under 23 

U.S.C. 150(c)(3)(A)(iv). We request 

comments on whether the data used to 

calculate the measure is precise enough 


ethrower on DSK3G9T082PROD with PROPOSALS
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46431 

13 23 CFR 490.109. 

to meet these goals. Please identify any 

information that may mitigate some of 

the limitations of the proposed GHG 

measure. 

In addition, commenters are 

encouraged to provide information 

regarding whether the measure, 

including the methodology adopted in 

the final rule, provides meaningful 

utility for assessment of environmental 

performance of the NHS by States and 

MPOs. Please provide any information 

or data that would justify the utility of 

the measure relative to the increased 

burden to the States and MPOs 

reporting this information. 

Finally, FHWA also requests input 

from States and MPOs on the potential 

costs imposed by the addition of this 

measure in the third performance 

measure final rule. Because a GHG 

measure was not proposed in the 

NPRM, the costs were not presented in 

that economic analysis. The FHWA did 

provide an assessment of the benefits 

and costs of all the measures in the final 

rule. As part of this rulemaking, FHWA 

is analyzing the costs associated solely 

with the GHG measure, and the 

attendant savings that would result from 

its repeal. The FHWA requests data 

from States and MPOs on the costs 

imposed due solely to the addition of 

this measure. Given that several States 

are already conducting efforts in this 

area, FHWA requests information on 

whether the GHG measure is a 

duplicative requirement and whether 

FHWA’s estimate of the cost savings 

associated with a repeal of the GHG 

measure are accurate. Additionally, 

FHWA requests information from States 

not currently conducting similar efforts 

on the burdens this measure would 

impose. 

Further, in the final rule, the GHG 

measure was adopted under 23 U.S.C. 

150(c)(3) (NHPP) and not 23 U.S.C. 

150(c)(5) (CMAQ). As the measure is 

under the NHPP program, State DOTs 

are subject to a significant progress 

determination if they fail to achieve 

their targets and, if they fail to make 

significant progress, additional 

reporting requirements. Because of these 

potential burdens, FHWA requests 

comments on any costs to States 

associated with the NHPP significant 

progress determination for the GHG 

measure.13

IV. Rulemaking Analyses and Notices 

A. Rulemaking Analysis and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), Executive Order 

13771 (Reducing Regulations and 

Controlling Regulatory Costs), and DOT 

Regulatory Policies and Procedures 

The FHWA has determined that this 

action is a significant regulatory action 

within the meaning of Executive Order 

(E.O.) 12866 and within the meaning of 

DOT regulatory policies and procedures 

due to the significant public interest in 

regulations related to performance 

management. It is anticipated that the 

economic impact of this rulemaking will 

not be economically significant within 

the meaning of E.O. 12866 as discussed 

below. This action complies with E.O.s 

12866, 13563, and 13771 to improve 

regulation. This action is considered 

significant because of widespread 

public interest in the transformation of 

the Federal-aid highway program to be 

performance-based, although it is not 

economically significant within the 

meaning of E.O. 12866. 

The FHWA considers this proposed 

rule to be an E.O. 13771 deregulatory 

action, resulting in $11.0 million in 

cost-savings discounted at 7 percent 

over 9 years. Details on the estimated 

cost savings of this proposed rule are 

presented in the RIA (or regulatory 

impact analysis), which may be 

accessed from the docket (docket 

number FHWA–2013–0054). The RIA 

evaluates the economic impact, in terms 

of costs and benefits, on Federal, State, 

and local governments, as well as 

private entities regulated under this 

action, as required by E.O. 12866 and 

E.O. 13563. However, the RIA does not 

attempt to quantify any changes from 

improved decisionmaking that would 

result in benefits if the GHG measure 

requirement were retained. 

Estimated Cost Savings of Repealing the 

GHG Measure 

To estimate cost savings from 

repealing the GHG measure, FHWA 

assessed the level of effort, expressed in 

labor hours and categories, and the 

capital needed to comply with the 

requirement as provided in the third 

performance management final rule. 

Level of effort by labor category is 

monetized with loaded wage rates to 

estimate total costs. 

Table X displays the total cost for the 

GHG measure for the 9-year study 

period (2018–2026). The FHWA chose 

an 9-year analysis period and displayed 

the values in 2014 dollars in order to 

correlate the values presented in this 

NPRM with those presented in the third 

performance measure final rule. Total 

costs are estimated to be $10,960,828 

discounted at 7 percent, and 

$12,888,091 discounted at 3 percent. 

TABLE X—TOTAL COST SAVINGS FROM REPEALING THE GHG MEASURE

Cost components 

9-Year total cost Annualized cost 

7% 3% 7% 3% 

Section 490.105–490.109—Reporting Requirements ..................................... $9,090,263 $10,652,791 $1,395,232 $1,368,179

Establish and Update Performance Targets ................................................... 6,368,958 7,392,818 977,549 949,488 

Reporting on Performance Targets Progress .................................................. 2,573,869 3,068,421 395,054 394,089 

Assess Significant Progress Toward Achieving Performance Targets ........... 147,435 191,552 22,629 24,602 

Section 490.511—Calculation of System Performance Metrics ...................... 1,821,862 2,177,239 279,631 279,631 

Calculate Annual Total Tailpipe CO2 Emissions ............................................. 1,821,862 2,177,239 279,631 279,631 

Section 490.513—Calculation of System Performance Measures ................. 48,703 58,061 7,475 7,457 

Calculate % Change in Tailpipe CO2 Emissions the NHS Compared to the 

Calendar Year 2017 Level Perf. Measure ................................................... 48,703 58,061 7,475 7,457 

Total Cost of Final Rule ............................................................................ 10,960,828 12,888,091 1,682,339 1,655,267 

This action complies with the 

principles of E.O. 13563. After 

evaluating the costs and benefits of the 

rule, FHWA believes that the cost 

savings from this rulemaking would 

exceed the foregone benefits. These 

changes are not anticipated to adversely 

affect, in any material way, any sector 

of the economy. In addition, these 


ethrower on DSK3G9T082PROD with PROPOSALS
46432 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

changes will not create a serious 

inconsistency with any other agency’s 

action or 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 action on small entities 

and has determined that the action 

would not have a significant economic 

impact on a substantial number of small 

entities. The rule addresses the 

obligation of Federal funds to State 

DOTs for Federal-aid highway projects. 

The rule affects two types of entities: 

State governments and MPOs. State 

governments do not meet the definition 

of a small entity under 5 U.S.C. 601, 

which have a population of less than 

50,000. 

The MPOs are considered 

governmental jurisdictions, and to 

qualify as a small entity they would 

need to serve less than 50,000 people. 

The MPOs serve urbanized areas with 

populations of 50,000 or more. As 

discussed in the RIA, the rule is 

expected to impose costs on MPOs that 

serve populations exceeding 200,000. 

Therefore, the MPOs that incur 

economic impacts under this rule do not 

meet the definition of a small entity. 

I hereby certify that this regulatory 

action would not have a significant 

economic impact on a substantial 

number of small entities. 

C. Unfunded Mandates Reform Act of 

1995 

The FHWA has determined that this 

action does not impose unfunded 

mandates as defined by the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, March 22, 1995, 109 Stat. 48). 

This rule does not include a Federal 

mandate that may result in expenditures 

of $151 million or more in any 1 year 

(when adjusted for inflation) in 2012 

dollars for either State, local, and tribal 

governments in the aggregate, or by the 

private sector. Additionally, the 

definition of ‘‘Federal mandate’’ in the 

Unfunded Mandates Reform Act 

excludes financial assistance of the type 

in which State, local, or tribal 

governments have authority to adjust 

their participation in the program in 

accordance with changes made in the 

program by the Federal Government. 

The Federal-aid highway program 

permits this type of flexibility. 

D. Executive Order 13132 (Federalism 

Assessment) 

The FHWA has analyzed this action 

in accordance with the principles and 

criteria contained in E.O. 13132. The 

FHWA has determined that this action 

does not have sufficient federalism 

implications to warrant the preparation 

of a federalism assessment. The FHWA 

has also determined that this action 

does not preempt any State law or State 

regulation or affect the States’ ability to 

discharge traditional State governmental 

functions. 

E. Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing E.O. 

12372 regarding intergovernmental 

consultation on Federal programs and 

activities apply to this program. Local 

entities should refer to the Catalog of 

Federal Domestic Assistance Program 

Number 20.205, Highway Planning and 

Construction, for further information. 

F. Paperwork Reduction Act 

Under the PRA (44 U.S.C. 3501, et 

seq.), Federal agencies must obtain 

approval from the OMB for each 

collection of information they conduct, 

sponsor, or require through regulations. 

The DOT has analyzed this action under 

the PRA and has determined that this 

rulemaking does not contain collection 

of information requirements for the 

purposes of the PRA. If finalized, this 

proposal would reduce PRA burdens 

associated with this measure. 

G. National Environmental Policy Act 

The FHWA has analyzed this action 

for the purpose of NEPA, as amended 

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

determined that this action would not 

have any effect on the quality of the 

environment and meets the criteria for 

the categorical exclusion at 23 CFR 

771.117(c)(20). 

H. Executive Order 12630 (Taking of 

Private Property) 

The FHWA has analyzed this action 

under E.O. 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. The FHWA does not anticipate 

that this action would affect a taking of 

private property or otherwise have 

taking implications under E.O. 12630. 

I. Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

E.O. 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

J. Executive Order 13045 (Protection of 

Children) 

We have analyzed this rule under E.O. 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks. The FHWA certifies that this 

action would not cause an 

environmental risk to health or safety 

that might disproportionately affect 

children. 

K. Executive Order 13175 (Tribal 

Consultation) 

The FHWA has analyzed this action 

under E.O. 13175, dated November 6, 

2000, and believes that the action 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. The 

rulemaking addresses obligations of 

Federal funds to State DOTs for Federalaid highway projects and would not 

impose any direct compliance 

requirements on Indian tribal 

governments. Therefore, a tribal 

summary impact statement is not 

required. 

L. Executive Order 13211 (Energy 

Effects) 

The FHWA has analyzed this action 

under E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

The FHWA has determined that this is 

not a significant energy action under 

that order and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required. 

M. Executive Order 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 rule 

does not raise any environmental justice 

issues. 

N. Regulation Identifier Number 

An 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 number 

contained in the heading of this 

document can be used to cross-reference 

this action with the Unified Agenda. 


ethrower on DSK3G9T082PROD with PROPOSALS
Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 46433 

List of Subjects in 23 CFR Part 490 

Bridges, Highway safety, Highways 

and roads, Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on September 

29, 2017 under authority delegated in 49 CFR 

1.85. 

Brandye L. Hendrickson, 

Acting Administrator, Federal Highway 

Administration. 

In consideration of the foregoing, 

FHWA proposes to amend 23 CFR part 

490 to read as follows: 

PART 490—NATIONAL 

PERFORMANCE MANAGEMENT 

MEASURES 

■ 1. The authority citation for part 490 

continues to read as follows: 

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

150; 49 CFR 1.85. 

Subpart A—General Information 

§ 490.105 [Amended]. 

■ 2. Amend § 490.105 by removing and 

reserving paragraphs (c)(5) and (d)(1)(v). 

§ 490.107 [Amended]. 

■ 3. Amend § 490.107 by removing and 

reserving paragraphs (b)(1)(ii)(H), 

(b)(2)(ii)(J), (b)(3)(ii)(I), and (c)(4). 

■ 4. Amend § 490.109 by removing and 

reserving paragraphs (d)(1)(v) and 

(f)(1)(v) and revising paragraph (d)(1)(vi) 

to 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. 

* * * * * 

(d) * * * (1) * * * 

(vi) Baseline condition/performance 

data contained in HPMS and NBI of the 

year in which the Baseline Period 

Performance Report is due to FHWA 

that represents baseline conditions/ 

performances for the performance 

period for the measures in 

§§ 490.105(c)(1) through (4). 

* * * * * 

Subpart E—National Performance 

Management Measures to Assess 

Performance of the National Highway 

System 

§ 490.503 [Amended]. 

■ 5. Amend § 490.503 by removing and 

reserving paragraph (a)(2). 

§ 490.505 [Amended]. 

■ 6. Amend § 490.505 by removing the 

definition for ‘‘Greenhouse gas (GHG).’’ 

§ 490.507 [Amended]. 

■ 7. Amend § 490.507 by removing and 

reserving paragraph (b). 

§ 490.509 [Amended]. 

■ 8. Amend § 490.509 by removing 

paragraphs (f)–(h). 

§ 490.511 [Amended]. 

■ 9. Amend § 490.511 by removing and 

reserving paragraphs (a)(2), (c), (d), and 

(f). 

§ 490.513 [Amended]. 

■ 10. Amend § 490.513 by removing 

paragraph (d). 

[FR Doc. 2017–21442 Filed 10–4–17; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0386; FRL–9968–75– 

Region 7] 

Approval of Nebraska Air Quality 

Implementation Plans; Adoption of a 

New Chapter Under the Nebraska 

Administrative Code 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the state of 

Nebraska on November 14, 2011. 

Nebraska is adding a new chapter titled 

‘‘Visibility Protection’’ which provides 

Nebraska authority to implement 

Federal regulations relating to Regional 

Haze and Best Available Retrofit 

Technology (BART). The chapter 

incorporates by reference EPA’s 

Guidelines for BART Determiniations 

under the Regional Haze Rule. The 

revision to the SIP meets the visibility 

component of the Clean Air Act (CAA). 

DATES: Comments on this proposed 

action must be received in writing by 

November 6, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2017–0386, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments connot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Greg 

Crable, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 at (913) 551– 

7391, or by email at crable.gregory@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document proposes to take action to add 

chapter 43, ‘‘Visibilty Protection’’. We 

have published a direct final rule 

approving the State’s SIP revision in the 

‘‘Rules and Regulations’’ section of this 

Federal Register, because we view this 

as a noncontroversial action and 

anticipate no relevant adverse comment. 

We have explained our reasons for this 

action in the preamble to the direct final 

rule. If we receive no adverse comment, 

we will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 25, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2017–21381 Filed 10–4–17; 8:45 am] 

BILLING CODE 6560–50–P 


ethrower on DSK3G9T082PROD with PROPOSALS