Rule2022-03173
Diversion of Highway Revenues; Removal of Obsolete Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2022
Effective
February 15, 2022
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="/cdn-cgi/l/email-protection#3e6d4a5b485b5010784c5f50555b527e5a514a10595148"><span class="__cf_email__" data-cfemail="b4e7c0d1c2d1da9af2c6d5dadfd1d8f4d0dbc09ad3dbc2">[email protected]</span></a> or
Adam Sleeter, Office of the Chief Counsel, (202) 366-8839, or via email
at <a href="/cdn-cgi/l/email-protection#44052025296a1728212130213604202b306a232b32"><span class="__cf_email__" data-cfemail="f9b89d9894d7aa959c9c8d9c8bb99d968dd79e968f">[email protected]</span></a>. 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: <a href="http://www.regulations.gov">www.regulations.gov</a>.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's website at: <a href="http://www.federalregister.gov">www.federalregister.gov</a>
and the Government Publishing Office's website at: <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
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.
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\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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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
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</html>Indexed from Federal Register on February 15, 2022.
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