On October 5, 2017, the Federal Highway Administration (FHWA) published a notice of proposed rulemaking (NPRM) in the Federal Register [82 FR 46427] proposing the repeal of the Greenhouse Gas (GHG) measure (which is the percent change in tailpipe CO2 emissions on the National Highway System compared to the calendar year 2017 level).
This NPRM follows a series of related rules that established a set of performance measures for State departments of transportation (State DOT) and Metropolitan Planning Organizations (MPO) to use as required by Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Fixing America’s Surface Transportation (FAST) Act. In the last of that series of rules, published in the Federal Register on January 18, 2017 [82 FR 5970], FHWA established a number of measures. All the measures, except the GHG measure, became effective on May 20, 2017 [82 FR 22879]. The GHG measure was delayed, but it became effective on September 28, 2017 [82 FR 45179]. The FHWA received a high volume of comments both in support of and opposed to the GHG measure during the rulemaking process. After further consideration and review of U.S. Department of Transportation (USDOT) policy, as well as statutory provisions, the USDOT is proposing to repeal the requirement. This rulemaking provides additional opportunity for public comment and submission of information that will aid FHWA in making this determination.