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:
■
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§ 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
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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
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
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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.
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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.
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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
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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
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SUMMARY:
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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