Diversion of Highway Revenues; Removal of Obsolete Regulation, 8411-8413 [2022-03173]

Download as PDF Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations Issued in Washington, DC, on February 9, 2022. Michael R. Beckles, Manager, Rules and Regulations Group. [FR Doc. 2022–03129 Filed 2–14–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 12 [Docket No. RM20–9–000; Order No. 880] after that condition is discovered, preferably within 72 hours, without unduly interfering with any necessary or appropriate emergency repair, alarm, or other emergency action procedure. (2) * * * Following the initial report required in paragraph (a)(1) of this section, the applicant or licensee must submit to the Regional Engineer a written report on the condition affecting the safety of the project or project works verified in accordance with § 12.13. * * * * * * * * 3. On page 1519, in the second column, remove amendatory instruction 10. ■ Federal Energy Regulatory Commission, Department of Energy. ACTION: Final rule; correction. AGENCY: 4. On page 1515, in the first column, redesignate amendatory instruction 9, revising subpart D to part 12, as amendatory instruction 10. ■ The Federal Energy Regulatory Commission (Commission) is correcting a final rule that appeared in the Federal Register on January 11, 2022. The final rule revised the Commission’s regulations governing the safety of hydroelectric projects licensed by the Commission under the Federal Power Act. DATES: The rule is effective April 11, 2022. SUMMARY: Tara DiJohn (Legal Information), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, (202) 502– 8671, tara.dijohn@ferc.gov. SUPPLEMENTARY INFORMATION: In FR Doc. 2021–27736 appearing on pages 1490– 1520, in the Federal Register of Tuesday, January 11, 2022, the following corrections are made: FOR FURTHER INFORMATION CONTACT: [Corrected] 1. On page 1513, in the second column, in amendatory instruction 2.b. for § 12.3, the instruction ‘‘Redesignating paragraph (b)(4)(xiii) as (b)(4)(xix);’’ is corrected to read ‘‘Redesignating paragraph (b)(4)(xiii) as paragraph (b)(4)(xiv);’’. ■ 2. On page 1514, in the second column, in amendatory instruction 4 for § 12.10, paragraph (a)(1) and the first sentence of paragraph (a)(2) are corrected to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 12.10 [Corrected] (a) * * * (1) Initial reports. An applicant or licensee must report by email or telephone to the Regional Engineer any condition affecting the safety of a project or projects works, as defined in § 12.3(b)(4). The initial report must be made as soon as practicable VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 1 RIN 2125–AG04 Diversion of Highway Revenues; Removal of Obsolete Regulation Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: Through this final rule, FHWA will remove a regulation from the CFR that has been rendered obsolete by the passage of subsequent legislation. The FHWA believes that because the underlying statutory authority for this regulation has substantially changed since adopted, this final rule eliminates any confusion that may be caused by its existence in the CFR. DATES: This final rule is effective February 15, 2022. FOR FURTHER INFORMATION CONTACT: Steven Frankel, Office of Budget (HCFB–10), (202) 366–9649, or via email at Steven.Frankel@dot.gov or Adam Sleeter, Office of the Chief Counsel, (202) 366–8839, or via email at Adam.Sleeter@dot.gov. Office hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: §§ 12.40 through 12.44 [Redesignated as §§ 12.50 through 12.54] [Corrected]. Safety of Water Power Projects and Project Works § 12.3 8411 5. On page 1515, in the first column, add a new amendatory instruction 9 to read as follows: ■ §§ 12.40 through 12.44 [Redesignated as §§ 12.50 through 12.54] 9. Redesignate §§ 12.40 through 12.44 as §§ 12.50 through 12.54, respectively. ■ § 12.31 [Corrected] 6. Starting on page 1515, in the second column, § 12.31 is corrected as follows: ■ i. On page 1515, in the second column, in paragraph (d), the term ‘‘Gross storage capacity’’ is corrected to read ‘‘Gross storage capacity’’. ■ ii. On page 1515, in the third column, in paragraph (e), the term ‘‘Periodic inspection’’ is corrected to read ‘‘Periodic inspection’’. ■ iii. On page 1515, in the third column, in paragraph (f), the term ‘‘Comprehensive assessment’’ is corrected to read ‘‘Comprehensive assessment’’. ■ iv. On page 1515, in the third column, in paragraph (g), the term ‘‘Previous Part 12D Inspection’’ is corrected to read ‘‘Previous Part 12D Inspection’’. ■ v. On page 1515, in the third column, in paragraph (h), the term ‘‘Previous Part 12D Report’’ is corrected to read ‘‘Previous Part 12D Report’’. ■ Dated: February 8, 2022. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2022–03072 Filed 2–14–22; 8:45 am] BILLING CODE 6717–01–P PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Electronic Access and Filing This document may be viewed online under the docket number noted above through the Federal eRulemaking portal 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. Background The regulation at 23 CFR 1.28 is obsolete. It relates to the implementation of a provision of law that was repealed in 1998. Prior to 1998, 23 U.S.C. 126 contained a provision that required the reduction of Federal-aid Highway Program apportionments (funds distributed by statutory formula) to a State if the State diverted State vehicle-related fees and taxes for uses other than construction, improvement, and maintenance of highways. This provision of law was repealed by Section 1226(d) of Public Law (Pub. L.) 105–178 (‘‘Transportation Equity Act for the 21st Century’’ or TEA–21), as added by Public Law 105–206, title IX, sec. E:\FR\FM\15FER1.SGM 15FER1 8412 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 9003(a), July 22, 1998, 112 Stat. 837 (‘‘TEA–21 Restoration Act’’). Since the enactment of the TEA–21 authorization in 1998, 23 U.S.C. 126 (or a predecessor transfer provision) 1 has governed the ability of States to transfer their apportioned funds among programs. All substantive requirements and provisions of 23 CFR 1.28 have been superseded by subsequent law. Therefore, the regulation at 23 CFR 1.28 is obsolete and may be removed without adversely impacting the ability of FHWA or the State or local transportation departments to carry out the Federal-aid highway program. lotter on DSK11XQN23PROD with RULES1 Rulemaking Analyses and Notices Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an agency may waive the prior notice and opportunity for public comment requirements if it finds, for good cause, that the requirements are impracticable, unnecessary, or contrary to the public interest. The issuance of this rule without prior notice and opportunity for public comment is based on the good cause exception in 5 U.S.C. 553(b)(3)(B). Seeking public comment is unnecessary. This action is merely a ministerial action to remove a regulation from the CFR that has been rendered obsolete by the passage of subsequent legislation, and the removal of this regulation will have no substantive impact. The FHWA believes that, because the underlying statutory authority for this regulation has substantially changed since adopted, this final rule eliminates any confusion that may be caused by its existence in the CFR. For these reasons, FHWA does not anticipate receiving meaningful comments on a proposal to remove the regulation from the CFR and finds good cause to forgo notice and an opportunity for public comment. The APA also allows agencies, upon finding of good cause, to make a rule effective immediately upon publication (5 U.S.C. 553(d)(3)). For the same reasons discussed above, the Agency believes good cause exists for making this action effective immediately upon publication. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures The FHWA has determined that this action does not constitute a significant 1 In 1998, section 1310(a) of TEA–21 located the transfer authority in 23 U.S.C. 110(a). In 1999, section 102(a) of the Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106–159, Dec. 9, 1999, 113 Stat. 1752) redesignated that provision and moved the transfer authority to 23 U.S.C. 126. VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 regulatory action within the meaning of Executive Order (E.O.) 12866 or within the meaning of DOT regulatory policies and procedures. This is a ministerial action to remove an obsolete regulation from the CFR. The removal of this regulation will have no substantive impact or economic impact; therefore, a full regulatory evaluation is not necessary. Executive Order 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. State and local governments are not directly affected by this action because it is a ministerial action to remove an obsolete regulation from the CFR. Regulatory Flexibility Act Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this final rule does not contain collection of information requirements for the purposes of the PRA. In compliance with the Regulatory Flexibility Act (Pub. L. 96–354; 5 U.S.C. 60l–612), FHWA has evaluated the effects of this final rule on small entities, such as local governments and businesses. This is a ministerial action to remove an obsolete regulation from the CFR. Administration of Federal-aid highway construction projects by small entities will not be affected by the deletion. Therefore, FHWA certifies that the action will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 The FHWA has determined that this rule does not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, March 22, 1995, 109 Stat. 48). The actions in this final rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $155 million or more in any 1 year (2 U.S.C. 1532) for either State, local, and Tribal governments in the aggregate, or by the private sector. 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. Executive Order 13132 (Federalism Assessment) The FHWA has analyzed this final rule in accordance with the principles and criteria contained in E.O. 13132. Since is a ministerial action to remove an obsolete regulation from the CFR, FHWA has determined that this rule does not have federalism implications. 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 National Environmental Policy Act The FHWA has analyzed this final rule for the purposes of the National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) and has determined that this action does not have any effect on the quality of the human and natural environment because it is a ministerial action to remove an obsolete regulation from the CFR. Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this final rule under E.O. 13175 and believes that it will not have substantial direct effects on one or more Indian Tribes, does not impose substantial direct compliance costs on Indian Tribal governments, and does not preempt Tribal law. This rule does not impose any direct compliance requirements on Indian Tribal governments nor does it have any economic or other impacts on the viability of Indian Tribes. Therefore, a Tribal summary impact statement is not required. Executive Order 12898 (Environmental Justice) 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. FHWA has determined that this rule does not raise any environmental justice issues. Regulation Identifier Number A Regulation Identifier Number (RIN) is assigned to each regulatory action E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations 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. List of Subjects in 23 CFR Part 1 Grant programs—transportation, Highways and roads. Stephanie Pollack, Deputy Administrator, Federal Highway Administration. PART 1— [REMOVED AND RESERVED] In consideration of the foregoing, and under the authority of 23 U.S.C. 315, 23 CFR 1.28, FHWA removes and reserves 23 CFR part 1. ■ [FR Doc. 2022–03173 Filed 2–14–22; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0914] Special Local Regulation; Marine Events Within the Eleventh Coast Guard District—Mark Hahn Memorial 300 Mile PWC Endurance Race Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the Mark Hahn Memorial 300 Mile Personal Watercraft (PWC) Endurance Race special local regulation on the waters of Lake Havasu, Arizona from February 26 through February 27, 2022. This special local regulation is necessary to provide for the safety of the participants, crew, sponsor vessels, and general users of the waterway. During the enforcement period, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. DATES: The regulations in 33 CFR 100.1102 will be enforced from 7 a.m. until 6 p.m., each day from February 26, 2022 through February 27, 2022 for the location described in Item No. 14 in Table 1 to § 100.1102. FOR FURTHER INFORMATION CONTACT: If you have questions about this lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:09 Feb 14, 2022 Jkt 256001 notification of enforcement, call or email Lieutenant Commander John Santorum, Waterways Management, U.S. Coast Guard Sector San Diego, CA; telephone 619–278–7656, email MarineEventsSD@uscg.mil. The Coast Guard will enforce the special local regulations in 33 CFR 100.1102 for the Mark Hahn Memorial 300 Mile PWC Endurance Race on Lake Havasu, AZ for the location described in Table 1 to § 100.1102, Item No. 14 of that section, from 7 a.m. to 6 p.m. on February 26, 2022 through February 27, 2022. This action is being taken to provide for the safety of life on the navigable waterway during the race. Our regulation for recurring marine events on the Colorado River, between Davis Dam (Bullhead City, Arizona) and Headgate Dam (Parker, Arizona), § 100.1102, Table 1 to § 100.1102, Item No. 14, specifies the location of the regulated area for the Mark Hahn Memorial 300 PWC Endurance Race, which encompasses portions of Lake Havasu. Under the provisions of § 100.1102, persons and vessels are prohibited from entering into, transiting through, or anchoring within this regulated area unless authorized by the Captain of the Port, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via the Local Notice to Mariners and local advertising by the event sponsor. If the Captain of the Port Sector San Diego or his designated representative determines that the regulated area need not be enforced for the full duration stated on this document, he or she may use a Broadcast Notice to Mariners or other communications coordinated with the event sponsor to grant general permission to enter the regulated area. SUPPLEMENTARY INFORMATION: Dated: February 9, 2022. T.J. Barelli, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2022–03155 Filed 2–14–22; 8:45 am] BILLING CODE 9110–04–P PO 00000 8413 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0112] RIN 1625–AA00 Safety Zone; Potomac River, Between Charles County, MD and King George County, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters of the Potomac River. This action is necessary to provide for the safety of persons, and the marine environment from the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge, which will occur from 8 p.m. on February 11, 2022, through 8 p.m. on February 17, 2022. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port, MarylandNational Capital Region or a designated representative. DATES: This rule is effective without actual notice from February 15, 2022, through 8 p.m. on February 17, 2022. For the purposes of enforcement, actual notice will be issued from 8 p.m. on February 11, 2022, until February 15, 2022. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0112 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ ADDRESSES: If you have questions on this rule, call or email LCDR Samuel Danus, Sector Maryland-NCR, Waterways Management Division, U.S. Coast Guard: Telephone 410–576–2519, email Samuel.M.Danus@ uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register § Section TFR Temporary Final Rule U.S.C. United States Code Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8411-8413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03173]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 1

RIN 2125-AG04


Diversion of Highway Revenues; Removal of Obsolete Regulation

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Through this final rule, FHWA will remove a regulation from 
the CFR that has been rendered obsolete by the passage of subsequent 
legislation. The FHWA believes that because the underlying statutory 
authority for this regulation has substantially changed since adopted, 
this final rule eliminates any confusion that may be caused by its 
existence in the CFR.

DATES: This final rule is effective February 15, 2022.

FOR FURTHER INFORMATION CONTACT: Steven Frankel, Office of Budget 
(HCFB-10), (202) 366-9649, or via email at [email protected] or 
Adam Sleeter, Office of the Chief Counsel, (202) 366-8839, or via email 
at [email protected]. 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 may be viewed online under the docket number noted 
above through the Federal eRulemaking portal 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.

Background

    The regulation at 23 CFR 1.28 is obsolete. It relates to the 
implementation of a provision of law that was repealed in 1998. Prior 
to 1998, 23 U.S.C. 126 contained a provision that required the 
reduction of Federal-aid Highway Program apportionments (funds 
distributed by statutory formula) to a State if the State diverted 
State vehicle-related fees and taxes for uses other than construction, 
improvement, and maintenance of highways. This provision of law was 
repealed by Section 1226(d) of Public Law (Pub. L.) 105-178 
(``Transportation Equity Act for the 21st Century'' or TEA-21), as 
added by Public Law 105-206, title IX, sec.

[[Page 8412]]

9003(a), July 22, 1998, 112 Stat. 837 (``TEA-21 Restoration Act''). 
Since the enactment of the TEA-21 authorization in 1998, 23 U.S.C. 126 
(or a predecessor transfer provision) \1\ has governed the ability of 
States to transfer their apportioned funds among programs.
---------------------------------------------------------------------------

    \1\ In 1998, section 1310(a) of TEA-21 located the transfer 
authority in 23 U.S.C. 110(a). In 1999, section 102(a) of the Motor 
Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, Dec. 9, 
1999, 113 Stat. 1752) redesignated that provision and moved the 
transfer authority to 23 U.S.C. 126.
---------------------------------------------------------------------------

    All substantive requirements and provisions of 23 CFR 1.28 have 
been superseded by subsequent law. Therefore, the regulation at 23 CFR 
1.28 is obsolete and may be removed without adversely impacting the 
ability of FHWA or the State or local transportation departments to 
carry out the Federal-aid highway program.

Rulemaking Analyses and Notices

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an 
agency may waive the prior notice and opportunity for public comment 
requirements if it finds, for good cause, that the requirements are 
impracticable, unnecessary, or contrary to the public interest. The 
issuance of this rule without prior notice and opportunity for public 
comment is based on the good cause exception in 5 U.S.C. 553(b)(3)(B). 
Seeking public comment is unnecessary. This action is merely a 
ministerial action to remove a regulation from the CFR that has been 
rendered obsolete by the passage of subsequent legislation, and the 
removal of this regulation will have no substantive impact. The FHWA 
believes that, because the underlying statutory authority for this 
regulation has substantially changed since adopted, this final rule 
eliminates any confusion that may be caused by its existence in the 
CFR. For these reasons, FHWA does not anticipate receiving meaningful 
comments on a proposal to remove the regulation from the CFR and finds 
good cause to forgo notice and an opportunity for public comment.
    The APA also allows agencies, upon finding of good cause, to make a 
rule effective immediately upon publication (5 U.S.C. 553(d)(3)). For 
the same reasons discussed above, the Agency believes good cause exists 
for making this action effective immediately upon publication.

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

    The FHWA has determined that this action does not constitute a 
significant regulatory action within the meaning of Executive Order 
(E.O.) 12866 or within the meaning of DOT regulatory policies and 
procedures. This is a ministerial action to remove an obsolete 
regulation from the CFR. The removal of this regulation will have no 
substantive impact or economic impact; therefore, a full regulatory 
evaluation is not necessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354; 
5 U.S.C. 60l-612), FHWA has evaluated the effects of this final rule on 
small entities, such as local governments and businesses. This is a 
ministerial action to remove an obsolete regulation from the CFR. 
Administration of Federal-aid highway construction projects by small 
entities will not be affected by the deletion. Therefore, FHWA 
certifies that the action will not have a significant economic impact 
on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The FHWA has determined that this rule does not impose unfunded 
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4, March 22, 1995, 109 Stat. 48). The actions in this final rule 
will not result in the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector, of $155 
million or more in any 1 year (2 U.S.C. 1532) for either State, local, 
and Tribal governments in the aggregate, or by the private sector. 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.

Executive Order 13132 (Federalism Assessment)

    The FHWA has analyzed this final rule in accordance with the 
principles and criteria contained in E.O. 13132. Since is a ministerial 
action to remove an obsolete regulation from the CFR, FHWA has 
determined that this rule does not have federalism implications. 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.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
program. State and local governments are not directly affected by this 
action because it is a ministerial action to remove an obsolete 
regulation from the CFR.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. The FHWA has determined that 
this final rule does not contain collection of information requirements 
for the purposes of the PRA.

National Environmental Policy Act

    The FHWA has analyzed this final rule for the purposes of the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) and 
has determined that this action does not have any effect on the quality 
of the human and natural environment because it is a ministerial action 
to remove an obsolete regulation from the CFR.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this final rule under E.O. 13175 and believes 
that it will not have substantial direct effects on one or more Indian 
Tribes, does not impose substantial direct compliance costs on Indian 
Tribal governments, and does not preempt Tribal law. This rule does not 
impose any direct compliance requirements on Indian Tribal governments 
nor does it have any economic or other impacts on the viability of 
Indian Tribes. Therefore, a Tribal summary impact statement is not 
required.

Executive Order 12898 (Environmental Justice)

    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. FHWA has 
determined that this rule does not raise any environmental justice 
issues.

Regulation Identifier Number

    A Regulation Identifier Number (RIN) is assigned to each regulatory 
action

[[Page 8413]]

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.

List of Subjects in 23 CFR Part 1

    Grant programs--transportation, Highways and roads.

Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.

PART 1-- [REMOVED AND RESERVED]

0
In consideration of the foregoing, and under the authority of 23 U.S.C. 
315, 23 CFR 1.28, FHWA removes and reserves 23 CFR part 1.
[FR Doc. 2022-03173 Filed 2-14-22; 8:45 am]
BILLING CODE 4910-22-P