National Bridge Inspection Standards, 44793-44795 [E9-20713]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules
minimum of three points, and one segment
of the flight consisting of a straight-line
distance of at least 50 nautical miles between
the takeoff and landing locations.
(2) Three takeoffs and three landings to a
full stop (with each landing involving a flight
in the traffic pattern) at an airport with an
operating control tower.
(d) For a combined private pilot
certification and instrument rating course
involving a powered-life: Five hours of flying
solo in a powered-lift on the appropriate
areas of operation in paragraph (d)(4) of
section 4 of this appendix that includes at
least—
(1) One solo cross-country flight of at least
100 nautical miles with landings at a
minimum of three points, and one segment
of the flight consisting of a straight-line
distance of at least 50 nautical miles between
the takeoff and landing locations.
(2) Three takeoffs and three landings to a
full stop (with each landing involving a flight
in the traffic pattern) at an airport with an
operating control tower.
6. Stage checks and end-of-course tests.
(a) Each student enrolled in a private pilot
course must satisfactorily accomplish the
stage checks and end-of-course tests in
accordance with the school’s approved
training course that consists of the approved
areas of operation listed in paragraph (d) of
section 4 of this appendix that are
appropriate to the aircraft category and class
rating for which the course applies.
(b) Each student must demonstrate
satisfactory proficiency prior to receiving an
endorsement to operate an aircraft in solo
flight.
Issued in Washington, DC, on August 3,
2009.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. E9–20957 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA–2009–0074]
RIN 2125–AF33
National Bridge Inspection Standards
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); request for comments.
sroberts on DSKD5P82C1PROD with PROPOSALS
AGENCY:
SUMMARY: The American Association of
State Highway and Transportation
Officials (AASHTO) Manual for
Condition Evaluation of Bridges, 1994,
second edition (also referred to as ‘‘the
Manual’’), together with the 2001 and
2003 Interim Revisions, is incorporated
by reference in 23 CFR part 650, subpart
E, approved by the Federal Highway
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16:24 Aug 28, 2009
Jkt 217001
Administration, and recognized as a
national standard for bridge inspections
and load rating. The purpose of this
notice is to update the incorporation by
reference language to incorporate the
most recent version of the AASHTO
Manual, now known as The Manual for
Bridge Evaluation, First Edition, 2008.
DATES: Comments must be received on
or before September 30, 2009.
ADDRESSES: Mail or hand deliver
comments to the U.S. Department of
Transportation, Dockets Management
Facility, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, or submit
electronically at https://
www.regulations.gov or fax comments to
(202) 493–2251. All comments should
include the docket number that appears
in the heading of this document. All
comments received will be available for
examination and copying at the above
address from 9 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. Those desiring notification of
receipt of comments must include a selfaddressed, stamped postcard or may
print the acknowledgment page that
appears after submitting comments
electronically. Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70, Page 19477–78) or you
may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Everett, Office of Bridge
Technology, (202) 366–4675; or Mr.
Robert Black, Office of the Chief
Counsel (202) 366–1359, Federal
Highway Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590.
Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
44793
Web page at: https://
www.access.gpo.gov/nara.
Background
This NPRM is being issued to provide
an opportunity for public comment on
the proposed revision to the
incorporation by reference of the
AASHTO Manual in the National Bridge
Inspection Standards (NBIS).
The Manual for Bridge Evaluation,
First Edition (MBE) was adopted by the
AASHTO Highways Subcommittee on
Bridges and Structures in 2005. The
MBE combines The Manual for
Condition Evaluation of Bridges, Second
Edition, and its 2001 and 2003 Interim
Revisions with the Guide Manual for
Condition Evaluation and Load and
Resistance Factor Rating (LRFR) of
Highway Bridges, First Edition, and its
2005 Interim Revisions. Revisions based
on approved agenda items from annual
AASHTO Subcommittee meetings in
2007 and 2008 are also incorporated
into the MBE.
The MBE, First Edition, 2008,
supersedes The Manual for Condition
Evaluation of Bridges, Second Edition,
and the 2001 and 2003 Interim
Revisions, which are currently
incorporated by reference at 23 CFR
650.317. The MBE offers assistance to
bridge owners at all phases of bridge
inspection and evaluation. The Manual
serves as a standard and provides
uniformity in the procedures and
policies for determining the physical
condition, maintenance needs, and load
capacity of the Nation’s highway
bridges.
Because the information incorporated
by reference at 23 CFR 650.317 has been
superseded, the FHWA desires to
update the NBIS regulation to reflect the
latest information contained in the
AASHTO documents. The FHWA also
proposes to update the definition for
‘‘AASHTO Manual’’ to reflect the
updated document.
Rulemaking Analysis and Notices
Electronic Access and Filing
Executive Order 12866 (Regulatory
Planning and Review) and U.S. DOT
Regulatory Policies and Procedures
You may submit or retrieve comments
online through the Federal eRulemaking
portal at: https://www.regulations.gov.
Electronic submission and retrieval help
and guidelines are available under the
help section of the Web site. It is
available 24 hours each day, 365 days
each year. Please follow the
instructions. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
home page at: https://www.archives.gov
and the Government Printing Office’s
The FHWA has determined that this
action would not be a significant
regulatory action within the meaning of
Executive Order 12866 or significant
within the meaning of U.S. Department
of Transportation regulatory policies
and procedures. These changes are not
anticipated to adversely affect, in any
material way, any sector of the
economy. The FHWA believes that the
incorporation of the MBE within the
NBIS regulation will greatly improve
consistency and uniformity in the
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44794
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules
application of bridge inspection and
load rating procedures. In addition,
these changes would not create a serious
inconsistency with any other agency’s
action or materially alter the budgetary
impact of any entitlements, grants, user
fees, or loan programs. Therefore, a full
regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612), the FHWA has evaluated the
effects of these changes on small entities
and has determined preliminarily that
this action would not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4, 109 Stat. 48, March 22,
1995). This action would not result in
the expenditure by State, local, and
Tribal governments, in the aggregate, or
by the private sector, of $128.1 million
or more in any one year (2 U.S.C. 1532).
Executive Order 13132 (Federalism)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 dated August 4, 1999, and the
FHWA has determined that this action
would not have sufficient federalism
implications to warrant the preparation
of a federalism assessment. The FHWA
has also determined that this
rulemaking will not preempt any State
law or State regulation or affect the
States’ ability to discharge traditional
State governmental functions.
sroberts on DSKD5P82C1PROD with PROPOSALS
Executive Order 13175 (Tribal
Consultation)
The FHWA has analyzed this action
under Executive Order 13175, dated
November 6, 2000, and believes that it
would not have substantial direct effects
on one or more Indian Tribes; would not
impose substantial direct compliance
costs on Indian Tribal governments; and
would not preempt Tribal law.
Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this action
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a significant
energy action under that order because
it is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. Therefore,
VerDate Nov<24>2008
16:24 Aug 28, 2009
Jkt 217001
a Statement of Energy Effects under
Executive Order 13211 is not required.
Executive Order 12372
(Intergovernmental Review)
Catalog of Federal Domestic
Assistance program Number 20.205,
Highway Planning and Construction.
The regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501, et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget for each collection of
information they conduct, sponsor, or
require through regulations. The FHWA
has determined that this action does not
contain collection information
requirements for purposes of the PRA.
Executive Order 12988 (Civil Justice
Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Executive Order 13045 (Protection of
Children)
The FHWA has analyzed this action
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. The FHWA certifies that this
action would not concern an
environmental risk to health or safety
that may disproportionately affect
children.
Executive Order 12630 (Taking of
Private Property)
The FHWA does not anticipate that
this action would affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
National Environmental Policy Act
The agency has analyzed this action
for the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4347) and has determined
that it would not have any effect on the
quality of the environment.
Regulation Identification Number
A regulation identification number
(RIN) is assigned to each regulatory
action listed in the Unified Agenda of
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Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this document can be
used to cross reference this action with
the Unified Agenda.
List of Subjects in 23 CFR Part 650
Bridges, Grant Programs—
transportation, Highways and roads,
Incorporation by reference, Reporting
and recordkeeping requirements.
Issued on: August 19, 2009.
Victor M. Mendez,
Federal Highway Administrator.
In consideration of the foregoing, the
FHWA proposes to amend title 23, Code
of Federal Regulations part 650 as
follows:
PART 650—BRIDGES, STRUCTURES,
AND HYDRAULICS
Subpart C—National Bridge Inspection
Standards
1. The authority citation for part 650
continues to read as follows:
Authority: 23 U.S.C. 109(a) and (h), 144,
151, 315, and 319; 33 U.S.C. 401, 491 et seq.;
511 et seq.; sec. 4(b) of Pub. L. 97–134, 95
Stat. 1699 (1981); sec. 161 of Pub. L. 97–424,
96 Stat. 2097, at 3135 (1983); sec. 1311 of
Pub. L. 105–178, as added by Pub. L. 105–
206, 112 Stat. 842 (1998); 23 CFR 1.32; 49
CFR 1.48(b); E.O. 11988 (3 CFR, 1977 Comp.,
p. 117); Department of Transportation Order
5650.2, dated April 23, 1979 (44 FR 24678).
2. Amend § 650.305 by revising the
definition of ‘‘American Association of
State Highway and Transportation
Officials (AASHTO) Manual’’ to read as
follows:
§ 650.305
Definitions.
*
*
*
*
*
American Association of State
Highway and Transportation Officials
(AASHTO) Manual. ‘‘The Manual for
Bridge Evaluation,’’ First Edition, 2008,
published by the American Association
of State Highway and Transportation
Officials (incorporated by reference, see
§ 650.317).
*
*
*
*
*
3. Revise § 650.317(b) to read as
follows:
§ 650.317
Reference manuals.
*
*
*
*
*
(b) The Manual for Bridge Evaluation,
First Edition, 2008, AASHTO,
incorporated by reference approved for
§§ 650.305 and 650.313, is available for
purchase from the American
Association of State Highway and
Transportation Officials, Suite 249, 444
N. Capitol Street, NW., Washington, DC
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Proposed Rules
20001. The materials may also be
ordered via the AASHTO bookstore
located at the following URL: https://
www.aashto.org/aashto/home.nsf/
FrontPage.
[FR Doc. E9–20713 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Part 2
RIN 1290–AA23
Requirements for DOL Agencies’
Assessment of Occupational Health
Risks
AGENCY: Office of the Secretary; Office
of the Assistant Secretary for Policy.
ACTION: Proposed rule; withdrawal.
sroberts on DSKD5P82C1PROD with PROPOSALS
SUMMARY: The Department of Labor
(‘‘Department’’ or ‘‘DOL’’) is
withdrawing its proposed rule
governing DOL agencies’ assessment of
occupational health risks. The proposed
rule sought to compile Department
procedures related to risk assessment
into a single regulation and included
new requirements aimed at establishing
consistent procedures intended to
promote greater public input and
awareness of the Department’s health
rulemakings.
DATES: This withdrawal is effective on
August 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Kathleen Franks, Office of Regulatory
and Programmatic Policy, Office of the
Assistant Secretary for Policy, U.S.
Department of Labor, (202) 693–5959.
This is not a toll-free number.
Individuals with hearing or speech
impairments may access the number
above via TTY by calling the toll-free
Federal Information Relay Service at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On August 29, 2008, the Department
published in the Federal Register (73
FR 50909 Aug. 29, 2008) a notice of
proposed rulemaking (NPRM) to codify
DOL’s internal risk assessment
procedures for health standard
rulemakings that address workplace
exposure to toxic substances and
hazardous chemicals. The NPRM stated
that it summarized and would codify
DOL agencies’ existing risk assessment
paradigm and requested public
comment on two specific procedural
requirements: A new requirement that
DOL agencies issue an Advance Notice
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16:24 Aug 28, 2009
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of Proposed Rulemaking (ANPRM) as a
first step whenever developing a health
standard that would regulate workplace
exposure to toxic substances or
hazardous chemicals; and a requirement
that DOL agencies electronically post all
documents relied upon to develop such
health standards within fourteen days of
each regulatory step. Because the
Occupational Safety and Health
Administration (OSHA) and the Mine
Safety and Health Administration
(MSHA) are the only two agencies
within the Department that issue health
standards related to toxic substances
and hazardous chemicals, it was
anticipated that the proposed rule
would affect only those agencies.
The Department accepted public
comment on the NPRM for a period of
30 days. While some interested parties,
including members of Congress, urged
DOL to extend the public comment
period and requested that the
Department hold public hearings on the
proposal, the Department declined these
requests due to its desire to adhere to
the originally published timeframe for
completion of this rulemaking.
The Department received comments
in response to the NPRM from a variety
of sources, including members of
Congress, private citizens, labor unions,
worker advocacy organizations, industry
associations, employer groups, and risk
assessment experts. The majority of the
commenters were opposed to the
rulemaking.1
II. Reasons for Withdrawal of Proposed
Rule
After careful review of the comments
and upon reconsideration of the issues
involved in this rulemaking, the
Department has decided to withdraw
the proposed rule. As described below,
the two proposed requirements are
unnecessary. Moreover, given the nature
of the issues, the Department believes
that it is more useful to continue
describing its internal risk assessment
policies through guidance rather than
through promulgation of a regulation.
Proposed ANPRM Requirement. The
proposal would have required DOL
agencies to issue an ANPRM in every
rulemaking for a health standard
involving toxic substances or hazardous
chemicals, apart from emergency
temporary standards. Many commenters
were opposed to this new requirement.
See, e.g., Exs. 7.1; 16.1; 42.1; and 48.1.2
Some commenters, including members
1 Comments are available for review at https://
www.regulations.gov. Reference Docket Number:
DOL–2008–0002.
2 ‘‘Ex.’’ Refers to exhibits included in the
rulemaking docket, which can be referenced using
the URL provided in Footnote 1, supra.
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44795
of Congress and Senators, employer
groups, and worker advocacy
organizations claimed that an ANPRM is
not always useful and that imposing an
ANPRM requirement in a health
standard rulemaking when it was not
necessary would unduly delay the
rulemaking. See, e.g., Exs. 32.1; 37.1;
and 42.1. They argued that this in turn
could harm workers by unnecessarily
delaying the introduction of the health
protections required by the standard.
Labor unions and worker advocacy
organizations also claimed that
requiring an unnecessary ANPRM
would divert agency resources from
other rulemaking efforts. See, e.g., Exs.
45.1 and 48.1.
The current policy of both OSHA and
MSHA is to publish an ANPRM only if
the agency believes it will be beneficial
to the rulemaking. This decision is
made on a case-by-case basis. In light of
the comments to the proposal and after
reconsideration of the proposed ANPRM
requirement, the Department has
determined that OSHA and MSHA
should continue to follow their current
ANPRM policy.
The Department believes that an
ANPRM can be a valuable part of the
rulemaking process in the right
circumstances, but that an inflexible
requirement would not fit the varied
circumstances in which rulemakings are
conducted and could cause unnecessary
delays. When an agency lacks important
information needed to develop an
effective proposed rule, an ANPRM
provides one means of attempting to
obtain that information. However, there
are times when an agency has sufficient
information to issue a successful
proposed rule without taking that step.
Avoiding an ANPRM in these situations
allows the agency to more effectively
use its rulemaking resources. There are
also many other ways in which OSHA
and MSHA can obtain needed
information without using an ANPRM,
such as holding stakeholder meetings,
conducting surveys, consulting advisory
committees, doing site visits, issuing
Requests for Information, conducting
peer reviews, and, in the case of OSHA,
obtaining small entity (including small
business) input through procedures
required by the Small Business
Regulatory Enforcement Fairness Act (5
U.S.C. 609(b)). By allowing the agency
to decide whether or not to use an
ANPRM for a rulemaking, the agency
retains flexibility to choose the
information gathering methods that it
has determined will best fit each
individual situation.
Proposed Electronic Posting
Requirement. The proposal would have
required the Department to make
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Proposed Rules]
[Pages 44793-44795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20713]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA-2009-0074]
RIN 2125-AF33
National Bridge Inspection Standards
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
-----------------------------------------------------------------------
SUMMARY: The American Association of State Highway and Transportation
Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994,
second edition (also referred to as ``the Manual''), together with the
2001 and 2003 Interim Revisions, is incorporated by reference in 23 CFR
part 650, subpart E, approved by the Federal Highway Administration,
and recognized as a national standard for bridge inspections and load
rating. The purpose of this notice is to update the incorporation by
reference language to incorporate the most recent version of the AASHTO
Manual, now known as The Manual for Bridge Evaluation, First Edition,
2008.
DATES: Comments must be received on or before September 30, 2009.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, 1200 New Jersey Avenue,
SE., Washington, DC 20590, or submit electronically at https://www.regulations.gov or fax comments to (202) 493-2251. All comments
should include the docket number that appears in the heading of this
document. All comments received will be available for examination and
copying at the above address from 9 a.m. to 5 p.m., e.t., Monday
through Friday, except Federal holidays. Those desiring notification of
receipt of comments must include a self-addressed, stamped postcard or
may print the acknowledgment page that appears after submitting
comments electronically. Anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70, Page 19477-78) or
you may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Everett, Office of Bridge
Technology, (202) 366-4675; or Mr. Robert Black, Office of the Chief
Counsel (202) 366-1359, Federal Highway Administration, 1200 New Jersey
Ave., SE., Washington, DC 20590. Office hours are from 7:45 a.m. to
4:15 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Federal
eRulemaking portal at: https://www.regulations.gov. Electronic
submission and retrieval help and guidelines are available under the
help section of the Web site. It is available 24 hours each day, 365
days each year. Please follow the instructions. An electronic copy of
this document may also be downloaded from the Office of the Federal
Register's home page at: https://www.archives.gov and the Government
Printing Office's Web page at: https://www.access.gpo.gov/nara.
Background
This NPRM is being issued to provide an opportunity for public
comment on the proposed revision to the incorporation by reference of
the AASHTO Manual in the National Bridge Inspection Standards (NBIS).
The Manual for Bridge Evaluation, First Edition (MBE) was adopted
by the AASHTO Highways Subcommittee on Bridges and Structures in 2005.
The MBE combines The Manual for Condition Evaluation of Bridges, Second
Edition, and its 2001 and 2003 Interim Revisions with the Guide Manual
for Condition Evaluation and Load and Resistance Factor Rating (LRFR)
of Highway Bridges, First Edition, and its 2005 Interim Revisions.
Revisions based on approved agenda items from annual AASHTO
Subcommittee meetings in 2007 and 2008 are also incorporated into the
MBE.
The MBE, First Edition, 2008, supersedes The Manual for Condition
Evaluation of Bridges, Second Edition, and the 2001 and 2003 Interim
Revisions, which are currently incorporated by reference at 23 CFR
650.317. The MBE offers assistance to bridge owners at all phases of
bridge inspection and evaluation. The Manual serves as a standard and
provides uniformity in the procedures and policies for determining the
physical condition, maintenance needs, and load capacity of the
Nation's highway bridges.
Because the information incorporated by reference at 23 CFR 650.317
has been superseded, the FHWA desires to update the NBIS regulation to
reflect the latest information contained in the AASHTO documents. The
FHWA also proposes to update the definition for ``AASHTO Manual'' to
reflect the updated document.
Rulemaking Analysis and Notices
Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT
Regulatory Policies and Procedures
The FHWA has determined that this action would not be a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of U.S. Department of Transportation
regulatory policies and procedures. These changes are not anticipated
to adversely affect, in any material way, any sector of the economy.
The FHWA believes that the incorporation of the MBE within the NBIS
regulation will greatly improve consistency and uniformity in the
[[Page 44794]]
application of bridge inspection and load rating procedures. In
addition, these changes would not create a serious inconsistency with
any other agency's action or materially alter the budgetary impact of
any entitlements, grants, user fees, or loan programs. Therefore, a
full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of these changes
on small entities and has determined preliminarily that this action
would not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48,
March 22, 1995). This action would not result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $128.1 million or more in any one year (2 U.S.C.
1532).
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 dated August 4, 1999, and
the FHWA has determined that this action would not have sufficient
federalism implications to warrant the preparation of a federalism
assessment. The FHWA has also determined that this rulemaking will not
preempt any State law or State regulation or affect the States' ability
to discharge traditional State governmental functions.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that it would not have substantial
direct effects on one or more Indian Tribes; would not impose
substantial direct compliance costs on Indian Tribal governments; and
would not preempt Tribal law. Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a significant
energy action under that order because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects under Executive Order
13211 is not required.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget for each collection of information they conduct,
sponsor, or require through regulations. The FHWA has determined that
this action does not contain collection information requirements for
purposes of the PRA.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. The FHWA certifies that this action would not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
The FHWA does not anticipate that this action would affect a taking
of private property or otherwise have taking implications under
Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that it would not have any effect on the quality of the
environment.
Regulation Identification Number
A regulation identification number (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 April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Part 650
Bridges, Grant Programs--transportation, Highways and roads,
Incorporation by reference, Reporting and recordkeeping requirements.
Issued on: August 19, 2009.
Victor M. Mendez,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
23, Code of Federal Regulations part 650 as follows:
PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS
Subpart C--National Bridge Inspection Standards
1. The authority citation for part 650 continues to read as
follows:
Authority: 23 U.S.C. 109(a) and (h), 144, 151, 315, and 319; 33
U.S.C. 401, 491 et seq.; 511 et seq.; sec. 4(b) of Pub. L. 97-134,
95 Stat. 1699 (1981); sec. 161 of Pub. L. 97-424, 96 Stat. 2097, at
3135 (1983); sec. 1311 of Pub. L. 105-178, as added by Pub. L. 105-
206, 112 Stat. 842 (1998); 23 CFR 1.32; 49 CFR 1.48(b); E.O. 11988
(3 CFR, 1977 Comp., p. 117); Department of Transportation Order
5650.2, dated April 23, 1979 (44 FR 24678).
2. Amend Sec. 650.305 by revising the definition of ``American
Association of State Highway and Transportation Officials (AASHTO)
Manual'' to read as follows:
Sec. 650.305 Definitions.
* * * * *
American Association of State Highway and Transportation Officials
(AASHTO) Manual. ``The Manual for Bridge Evaluation,'' First Edition,
2008, published by the American Association of State Highway and
Transportation Officials (incorporated by reference, see Sec.
650.317).
* * * * *
3. Revise Sec. 650.317(b) to read as follows:
Sec. 650.317 Reference manuals.
* * * * *
(b) The Manual for Bridge Evaluation, First Edition, 2008, AASHTO,
incorporated by reference approved for Sec. Sec. 650.305 and 650.313,
is available for purchase from the American Association of State
Highway and Transportation Officials, Suite 249, 444 N. Capitol Street,
NW., Washington, DC
[[Page 44795]]
20001. The materials may also be ordered via the AASHTO bookstore
located at the following URL: https://www.aashto.org/aashto/home.nsf/FrontPage.
[FR Doc. E9-20713 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-22-P
