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This rulemaking would establish a method for the measurement and reporting of greenhouse gas (GHG) emissions associated with on-road transportation under title 23 of the United States Code (U.S.C.). It is proposed as an addition to existing FHWA regulations that establish a set of performance measures for State departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) to use pursuant to 23 U.S.C. 150(c) or other authorities.

Statement of Need:

The proposed national performance management measure responds to the climate crisis. Establishing a method for measuring and reporting greenhouse gas (GHG) emissions associated with transportation under title 23, United States Code, is necessary because the environmental sustainability, including the carbon footprint, of the transportation system is an important attribute of the system that States can use to assess the performance of the Interstate and non-Interstate National Highway System (NHS). Consistent measurement and reporting of GHG emissions from on-road mobile source emissions under the proposed rule would assist all levels of government and the public in making more informed choices about GHG emissions trends.

Summary of the Legal Basis:

FHWA has the legal authority to establish the proposed GHG emissions measure under 23 U.S.C. 150(c)(3), which calls for performance measures that the States can use to assess performance of the Interstate and non-Interstate NHS for purposes of carrying out the National Highway Performance Program (NHPP) under 23 U.S.C. 119. Specifically, FHWA interprets the performance of the Interstate System and the NHS under 23 U.S.C. 150(c)(3)(A)(ii)(IV)-(V) to include environmental performance, consistent with the national goals established under 23 U.S.C. 150(b). Other statutory provisions also support the proposed measure, including 23 U.S.C. 119 (NHPP) and 23 U.S.C. 101(b)(3)(G) (transportation policy), 134(a)(1) (transportation planning policy), 134(c)(1) (metropolitan planning), and 135(d)(1) and (d)(2) (statewide planning process and a performance-based approach).

Alternatives:

FHWA is developing a proposed rule and will consider all available alternatives in the development of its proposal.

Anticipated Costs and Benefits:

FHWA is preparing a regulatory analysis of the costs and benefits associated with the proposed rule. In the analysis, FHWA anticipates quantifying estimates where possible and qualitatively discussing costs and benefits that cannot be quantified.

Risks:

FHWA is developing a proposed rule and will consider potential risks in the development of its proposal.