Rule2025-09725
National Performance Management Measures; Rescinding Requirements for the First Performance Period
Primary source
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Published
May 30, 2025
Effective
May 30, 2025
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
This final rule rescinds the requirements pertaining to the performance targets established by State departments of transportation (State DOTs) and Metropolitan Planning Organizations (MPOs) for the first performance period (Calendar Years 2018 through 2021), as originally promulgated in the regulations issued on January 18, 2017, 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.
Full Text
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<title>Federal Register, Volume 90 Issue 103 (Friday, May 30, 2025)</title>
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[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Rules and Regulations]
[Pages 22852-22854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09725]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
RIN 2125-AG27
National Performance Management Measures; Rescinding Requirements
for the First Performance Period
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule rescinds the requirements pertaining to the
performance targets established by State departments of transportation
(State DOTs) and Metropolitan Planning Organizations (MPOs) for the
first performance period (Calendar Years 2018 through 2021), as
originally promulgated in the regulations issued on January 18, 2017,
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.
DATES: This final rule is effective May 30, 2025.
FOR FURTHER INFORMATION CONTACT: For questions about this final rule,
please contact Ms. LaToya Johnson, FHWA Office of Infrastructure, 202-
366-0479, or via email at <a href="/cdn-cgi/l/email-protection#264a4752495f47084c494e485549486642495208414950"><span class="__cf_email__" data-cfemail="0d616c7962746c23676265637e62634d696279236a627b">[email protected]</span></a>. For legal questions,
please contact Mr. David Serody, FHWA Office of Chief Counsel, 202-366-
4241, or via email at <a href="/cdn-cgi/l/email-protection#bcf8ddcad5d892efd9ced3d8c5fcd8d3c892dbd3ca"><span class="__cf_email__" data-cfemail="8ecaeff8e7eaa0ddebfce1eaf7ceeae1faa0e9e1f8">[email protected]</span></a>. Office hours for FHWA are
from 8 a.m. to 4:30 p.m., eastern time (E.T.), Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
An electronic copy of this document may also be downloaded from the
Office of Federal Register's website at <a href="http://www.federalregister.gov">www.federalregister.gov</a> and the
U.S. Government Publishing Office's website at <a href="http://www.GovInfo.gov">www.GovInfo.gov</a>.
I. General Discussion
Through this final rule, FHWA is rescinding part of the rule issued
on January 18, 2017, National Performance
[[Page 22853]]
Management Measures; Assessing Performance of the National Highway
System, Freight Movement on the Interstate System, and Congestion
Mitigation and Air Quality Improvement Program, via Regulation
Identifier Number (RIN) 2125-AF54, amending 23 CFR part 490, subpart A.
This rule removes the regulatory language pertaining to the phase-in
performance target reporting requirements related to the first
performance period (January 1, 2018, through December 31, 2021).\1\ For
the reasons explained below, FHWA has determined that this part of the
rule is unnecessary and will rescind such provisions.
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\1\ 23 CFR 490.105(e)(4)(i) and 490.107(b)(1)(i).
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This final rule removes the requirement for State DOTs and MPOs'
performance target reporting for the first performance period. This
final rule also eliminates the regulatory language related to the
urbanized area population threshold of over one million for the Annual
Hours of Peak Hour Excessive Delay (PHED) Per Capita and the Percent of
Non-SOV (single occupancy vehicle) Travel measures, as that provision
applied only to the first performance period. These provisions
previously allowed for a phased implementation approach to provide
adequate time for State DOTs and MPOs to build capacity in managing
performance for non-Interstate roadways and congestion within
applicable urbanized areas of the National Highway System (NHS). The
provisions allowed, for the first performance period only, for State
DOTs and MPOs to be exempt from the requirement to report 2-year
targets for the Interstate System pavement condition measure, the non-
Interstate NHS travel time reliability measure, and the peak-hour
excessive delay measure. Because the first performance period concluded
on December 31, 2021, these phase-in provisions--specific to that
initial period--are no longer necessary or applicable for inclusion in
the regulation. Accordingly, FHWA finds good reason to eliminate these
regulatory provisions.
II. Administrative Procedure Act
Under the Administrative Procedure Act (APA), the requirement for
prior notice and an opportunity for public comment does not apply when
the agency, for good cause, finds that those procedure are
``impracticable, unnecessary, or contrary to the public interest.'' See
5 U.S.C. 553(b)(B). The FHWA finds that notice and an opportunity for
public comment are unnecessary for this rulemaking because this
rulemaking removes the requirements that are no longer operative. The
first performance period has passed and all States and MPOs have
implemented the requirements of part 490. Therefore, FHWA finds good
cause to issue this final rule without notice and an opportunity for
public comment.
Furthermore, under the APA, there must be at least thirty days
between publication of a substantive rule and its effective date except
``as otherwise provided by the agency for good cause and published with
the rule.'' See 5 U.S.C. 553(d)(3). For similar reasons as above, FHWA
believes that notice and comment are unnecessary because this final
rule is rescinding regulatory provisions that currently are
inoperative. Therefore, FHWA finds good cause to issue this final rule
with immediate effectiveness.
III. Rulemaking Analyses and Notices
A. Executive Orders 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and DOT
Regulatory Policies and Procedures
This final rule does not meet the criteria of a ``significant
regulatory action'' under Executive Order 12866, as amended by
Executive Orders 14215 and 13563. Therefore, the Office of Management
and Budget (OMB) has not reviewed this rule under those orders.
This final rule rescinds regulations that are currently
inoperative. For that reason, FHWA does not believe there are any costs
to this rulemaking, as opposed to the deregulatory benefit of removing
unnecessary provisions from the Code of Federal Regulations.
These changes would not adversely affect, in a material way, any
sector of the economy. In addition, these changes would not interfere
with any action taken or planned by another agency and would not
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs. Consequently, a full regulatory evaluation is
not required.
B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
This rule is not an E.O. 14192 regulatory action. This rule would
not adversely affect, in a material way, any sector of the economy. In
addition, these changes would not interfere with any action taken or
planned by another agency and would not materially alter the budgetary
impacts of any entitlements, grants, user fees, or loan programs.
Consequently, a full regulatory evaluation is not required.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) (as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996; 5 U.S.C. 601 et seq.), agencies must prepare and make available
for public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). No regulatory
flexibility analysis is required, however, if the head of an agency or
an appropriate designee certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
FHWA has concluded and hereby certifies that this rule will not have a
significant economic impact on a substantial number of small entities;
therefore, an analysis is not included. This final rule will only
remove regulations that are already inoperative.
D. Unfunded Mandates Reform Act
This final rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4, 109 Stat.
48) for State, local, and Tribal governments, or the private sector of
$100 million or more in any one year. Thus, the rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132 (Federalism Assessment)
This action has been analyzed 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.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid Office of Management and Budget
(OMB) control number. This final rule is deregulatory and so would not
impose any additional information collection requirements.
[[Page 22854]]
G. National Environmental Policy Act
FHWA has analyzed this rule pursuant to the NEPA and has determined
that it is categorically excluded under 23 CFR 771.117(c)(2), which
applies to the promulgation of rules, regulations, and directives.
Categorically excluded actions meet the criteria for categorical
exclusions under 23 CFR 771.117(a) and normally do not require any
further NEPA approvals by FHWA. This rule will rescind inoperative
regulations referencing dates that have already passed. FHWA does not
anticipate any adverse environmental impacts from this rule, and no
unusual circumstances are present under 23 CFR 771.117(b).
H. Executive Order 13175 (Tribal Consultation)
Executive Order 13175 requires Federal agencies to consult and
coordinate with Tribes on a government-to-government basis on policies
that have Tribal implications, including regulations, legislative
comments or proposed legislation, and other policy statements or
actions that have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes. FHWA has assessed the impact
of this final rule on Indian tribes and determined that this rule would
not have tribal implications that require consultation under Executive
Order 13175.
I. Regulation Identifier Number
A RIN is assigned to each regulatory action listed in the Unified
Agenda of Federal Regulations. The Regulatory Information Service
Center publishes the Unified Agenda in the spring and fall of each
year. The RIN contained in the heading of this document can be used to
cross reference this action with the Unified Agenda.
J. Rulemaking Summary, 5 U.S.C. 553(b)(4)
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, under the docket number.
List of Subjects in 23 CFR Part 490
Bridges, Highway safety, Highways and roads, Reporting and
recordkeeping requirements.
Issued in Washington, DC, under authority delegated in 49 CFR
1.85.
Gloria M. Shepherd,
Executive Director, Federal Highway Administration.
For the reasons stated in the preamble, FHWA amends 23 CFR part 490
as set forth below:
PART 490--NATIONAL PERFORMANCE MANAGEMENT MEASURES
0
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.
Sec. 490.105 [Amended]
0
2. In Sec. 490.105:
0
a. Amend paragraph (e)(4)(iii) by removing the text ``paragraphs (e)(7)
and (e)(8)(v)'' and adding, in its place, the text ``paragraph
(e)(8)(v)'';
0
b. Removing and reserving paragraphs (e)(7) and (e)(8)(i);
0
c. Amend the introductory text of paragraph (e)(8)(iii) by removing the
text ``paragraphs (e)(8)(i) and/or (ii)'' and adding, in its place, the
text ``paragraph (e)(8)(ii)'';
0
d. Amend paragraph (e)(8)(iii)(D) by removing the text ``1 million and
200,000 population thresholds, in paragraphs (e)(8)(i) and (ii)'' in
and adding, in its place, the text ``200,000 population threshold in
paragraph (e)(8)(ii)'';
0
e. Amend paragraphs (e)(8)(iii)(E) and (F) by removing the text
``paragraphs (e)(8)(i) and (ii)'' and adding, in its place, the text
``paragraph (e)(8)(ii)'';
0
f. Amend paragraphs (e)(8)(iv) and (v) by removing the text
``paragraphs (e)(8)(i) or (ii)'' and adding, in its place, the text
``paragraph (e)(8)(ii)'';
0
g. Removing and reserving paragraph (e)(8)(vi);
0
h. Amend paragraph (f)(1)(ii) by:
0
i. Removing the text ``Except as provided in paragraph (f)(5)(vi) of
this section, the MPOs'' and adding in its place ``The MPOs''; and
0
ii. Removing the text ``paragraphs (f)(5)(i) and (ii) and'' and adding,
in its place, the text ``paragraphs (f)(5)(ii) and'';
0
i. Amend paragraph (f)(1)(iii) by removing the text ``paragraph
(f)(5)(i), (f)(5)(ii), or (f)(6)(iii)'' and adding, in its place, the
text ``paragraph (f)(5)(ii) or (f)(6)(iii)''
0
j. Removing and reserving paragraph (f)(5)(i);
0
k. Amend the introductory text of paragraph (f)(5)(iii) by removing the
text ``paragraphs (f)(5)(i) and/or (ii)'' and adding, in its place, the
text ``paragraph (f)(5)(ii)'';
0
l. Amend paragraph (f)(5)(iii)(D) by removing text ``1 million and
200,000 population thresholds, in paragraph (f)(5)(i) and (ii)'' in and
adding in its place ``200,000 population threshold, in paragraph
(f)(5)(ii)'';
0
m. Amend paragraphs (f)(5)(iii)(E) and (F) by removing the text
``paragraphs (f)(5)(i) and (ii)'' and adding, in its place, the text
``paragraph (f)(5)(ii)'';
0
n. Amend paragraphs (f)(5)(iv) and (v) by removing the text
``paragraphs (f)(5)(i) or (ii)'' and adding, in its place, the text
``paragraph (f)(5)(ii)'';
0
o. Removing and reserving paragraph (f)(5)(vi); and
0
p. Amend paragraph (f)(8) by removing text ``measures in paragraph
(f)(5)(i) or (ii)'' and adding in its place ``measures described in
paragraph (f)(5)(ii)''.
Sec. 490.109 [Amended]
0
3. Amend Sec. 490.109 by removing and reserving paragraph (e)(3).
[FR Doc. 2025-09725 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-22-P
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