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FHWA Issues Updated Performance Measurement Rulemaking

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On September 28, the U.S. Department of Transportation’s Federal Highway Administration published a notice in the Federal Register (PDF) announcing September 28 as the effective date of portions of the final performance measure rule relating to measurement of greenhouse gas (GHG) emissions in the federally required statewide and metropolitan planning organization (MPO) performance management process.  The final rule “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” was originally published on January 28, 2017, but implementation of most parts of the rule was delayed until May 20.  A Federal Register notice on May 19 had delayed the implementation of the GHG-related portions of the rule pending additional rulemaking.

As of now, state departments of transportation will have to comply with October 1, 2018 as the date for baseline reporting for GHG targets, among targets for other measures.  However, the latest Federal Register notice also states the agency’s intent to initiate a rulemaking process to repeal the GHG measure, with a Notice of Proposed Rulemaking expected later in 2017 and a final rule in 2018.  For more information and resources on implementation, read the latest Federal Register notice (PDF), the relevant portions of the Code of Federal Regulations, or consult the FHWA Office of Transportation Performance Management website.

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