5970 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Rules and Regulations § 490.411 Establishment of minimum level be classified as Structurally Deficient (c) For all bridges carrying the NHS, for condition for bridges. when one of its NBI Items, 58—Deck, which includes on- and off-ramps (a) State DOTs will maintain bridges 59—Superstructure, 60—Substructure, connected to the NHS and bridges so that the percentage of the deck area or 62—Culverts, is 4 or less, or when carrying the NHS that cross a State of bridges classified as Structurally one of its NBI Items, 67—Structural border, FHWA shall calculate a ratio of Deficient does not exceed 10.0 percent. Evaluation or 71—Waterway Adequacy, the total deck area of all bridges This minimum condition level is is 2 or less. Beginning with calendar classified as Structurally Deficient to the applicable to bridges carrying the NHS, year 2018 and thereafter, a bridge will total deck area of all applicable bridges which includes on- and off-ramps be classified as Structurally Deficient for each State. The percentage of deck connected to the NHS within a State, when one of its NBI Items, 58—Deck, area of bridges classified as Structurally and bridges carrying the NHS that cross a State border. 59—Superstructure, 60—Substructure, Deficient shall be computed by FHWA (b) For the purposes of carrying out or 62—Culverts, is 4 or less. to the one tenth of a percent as follows: this section and § 490.413, a bridge will Where: § 490.413 Penalties for not maintaining DEPARTMENT OF TRANSPORTATION Structurally Deficient = total number of the bridge condition. applicable bridges, where their Federal Highway Administration classification is Structurally Deficient (a) If FHWA determines for the 3-year period preceding the date of the per this section and § 490.413; 23 CFR Part 490 SD = a bridge classified as Structurally determination, that more than 10.0 Deficient per this section and § 490.413; percent of the total deck area of bridges [Docket No. FHWA–2013–0054] Length = corresponding value of NBI Item in the State on the NHS is located on RIN 2125–AF54 49—Structure Length for every bridges that have been classified as applicable bridge; Width = corresponding value of NBI Item Structurally Deficient, the following National Performance Management 52—Deck Width requirements will apply. Measures; Assessing Performance of Beginning with calendar year 2018 and (1) During the fiscal year following the National Highway System, Freight thereafter, Width = corresponding value the determination, the State DOT shall Movement on the Interstate System, of NBI Item 52—Deck Width or value of obligate and set aside in an amount and Congestion Mitigation and Air Item 32 Approach Roadway Width for Quality Improvement Program culverts where the roadway is on a fill equal to 50 percent of funds [i.e., traffic does not directly run on the apportioned to such State for fiscal year AGENCY: Federal Highway top slab (or wearing surface) of the 2009 to carry out 23 U.S.C. 144 (as in Administration (FHWA), Department of culvert] and the headwalls do not affect effect the day before enactment of MAP– Transportation (DOT). the flow of traffic for every applicable 21) from amounts apportioned to a State bridge. ACTION: Final rule. s = an applicable bridge per this section and for a fiscal year under 23 U.S.C. § 490.413; and 104(b)(1) only for eligible projects on SUMMARY: This final rule is the third and TOTAL = total number of the applicable bridges on the NHS. last in a series of three related bridges specified in this section and (2) The set-aside and obligation rulemakings that together establishes a § 490.413. requirement for bridges on the NHS in set of performance measures for State (d) The FHWA will annually a State in paragraph (a) of this section departments of transportation (State determine the percentage of the deck for a fiscal year shall remain in effect for DOT) and Metropolitan Planning Organizations (MPO) to use as required area of NHS bridges classified as each subsequent fiscal year until such by the Moving Ahead for Progress in the Structurally Deficient for each State time as less than 10 percent of the total DOT and identify State DOTs that do 21st Century Act (MAP–21) and the deck area of bridges in the State on the Fixing America’s Surface Transportation not meet the minimum level of NHS is located on bridges that have condition for NHS bridges based on data (FAST) Act. The measures in this third been classified as Structurally Deficient cleared in the NBI as of June 15 of each final rule will be used by State DOTs as determined by FHWA. year. The FHWA will notify State DOTs and MPOs to assess the performance of of their compliance with 23 U.S.C. (b) The FHWA will make the first the Interstate and non-Interstate 119(f)(2) prior to October 1 of the year determination by October 1, 2016, and National Highway System (NHS) for the in which the determination was made. each fiscal year thereafter. purpose of carrying out the National (e) For the purposes of carrying out [FR Doc. 2017–00550 Filed 1–12–17; 4:15 pm] Highway Performance Program (NHPP); to assess freight movement on the this section, State DOTs will annually BILLING CODE 4910–22–P submit their most current NBI data on Interstate System; and to assess traffic highway bridges to FHWA no later than congestion and on-road mobile source March 15 of each year. emissions for the purpose of carrying (f) The NBI Items included in this out the Congestion Mitigation and Air section are found in the Recording and Quality Improvement (CMAQ) Program. Coding Guide for the Structure This third performance measure final Inventory and Appraisal of the Nation’s rule also includes a discussion that Bridges, which is incorporated by summarizes all three of the national reference (see § 490.111). performance management measures VerDate Sep<11>2014 22:01 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 E:\FR\FM\18JAR5.SGM 18JAR5 mstockstill on DSK3G9T082PROD with RULES5 ER18JA17.025</GPH> Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Rules and Regulations 5971 rules and the comprehensive regulatory 16. Establishing Performance Targets 7. Application Beyond CMAQ Projects impact analysis (RIA) to include all 17. Target Establishment Frequency 8. Attainment Definition—Removal of three final rules. 18. Target Adjustment Schedule Areas Beyond 20-Year Maintenance Plan 19. Ownership and Applicability of 9. Modification of Emissions Information at DATES: This final rule is February 17, Measures/Targets 2-Year Report 2017. 20. Fiscal or Calendar Year Based 10. Concerns about the CMAQ Public FOR FURTHER INFORMATION CONTACT: For Performance Periods Access System Data—Use of Observed technical information: Francine Shaw 21. Boundaries Data and Other Alternative Methods 22. Unified Targets Whitson, Office of Infrastructure, (202) 11. Applicability of Measure to All Criteria 23. CMAQ Measures Applicability Pollutants and Precursors 366–8028; for legal information: Alla 24. Due Date for Initial Performance 12. Use of Standard System Versus Metric Shaw, Office of Chief Counsel, (202) Reports System To Measure Emissions 366–0740, Federal Highway 25. MPO Reporting VI. Section-by-Section Discussion of the Administration, 1200 New Jersey 26. Optional Target Reporting General Information and National Avenue SE., Washington, DC 20590. 27. Significant Progress Determination Performance Management Measures; Office hours are from 8 a.m. to 4:30 p.m. C. Subpart E—National Performance Assessing Performance of the National Management Measures for the NHPP Highway System, Freight Movement on ET, Monday through Friday, except System Performance Federal holidays. the Interstate System, and Congestion 1. Establishment of the Greenhouse Gas Mitigation and Air Quality Improvement SUPPLEMENTARY INFORMATION: (GHG) Emissions Measure Program 2. Removal of Peak Hour Travel Time Electronic Access and Filing A. Subpart A—General Information Reliability Measures B. Subpart E—National Performance 3. NHPP Reliability The notice of proposed rulemaking Management Measures for the NHPP a. Reliability—Use of Traffic Volumes (NPRM) was published at 81 FR 23806 System Performance Versus People Traveling on April 22, 2016. A copy of the NPRM, C. Subpart F—National Performance b. Applicability of the Non-Interstate NHS Management Measures for Freight all comments received, and all NHPP Reliability Measure background material may be viewed c. Excluding Weekends From LOTTR Movement on the Interstate online at http://www.regulations.gov. Calculations Time Periods for LOTTR D. Subpart G—National Performance Electronic retrieval help and guidelines Calculations Measures for CMAQ Program—Traffic are available on the Web site. It is d. Use of 1.50 Threshold To Determine Congestion E. Subpart H—National Performance available 24 hours each day, 365 days Reliable Segments D. Subpart F—National Performance Measure for the CMAQ Program—On each year. An electronic copy of this Road Mobile Source Emissions document may also be downloaded Management Measures for Freight Movement on the Interstate VII. Rulemaking Analyses and Notices from the Office of the Federal Register’s 1. Removal of Truck Congestion Measure A. Rulemaking Analysis and Notices: Web site at http://www.ofr.gov and the 2. Consistency Between All-Vehicle and Executive Order 12866 (Regulatory Government Publishing Office’s Web Freight Reliability Measures Planning and Review), Executive Order site at http://www.gpo.gov. 3. Relationship Between the Freight 13563 (Improving Regulation and Measure Provisions and the National Regulatory Review), and DOT Regulatory Table of Contents for Supplementary Freight Program and State Freight Policies and Procedures Information Planning B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of 1995 I.