National Bridge Inspection Standards, 68377-68379 [E9-30469]

Download as PDF Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 CFR part 149. CBP is revising the Appendix D ISF bond language to add the $5,000 liquidated damages clause contained in the other bond provisions. This amendment is consistent with the background portion of the Supplementary Information to the interim final rule. In discussing the changes made from the Notice of Proposed Rulemaking, CBP explained that ‘‘[t]he liquidated damages amount for violations of the Importer Security Filing requirements are changed from the value of the merchandise, as proposed, to $5,000 for each violation in proposed §§ 113.62(j), 113.64(e), and 113.73(c) and new § 113.63(g) and Appendix D to part 113 (emphasis added).’’ 73 FR 71736. The inclusion of the $5,000 liquidated damages clause in the Appendix D ISF bond will bring the Appendix D ISF bond language into conformity with sections 113.62, 113.63, 113.64, and 113.73 and with CBP’s stated intention in the Supplementary Information section of the interim final rule. This document also clarifies the applicable time period for an Appendix D ISF bond. The current Appendix D language states that the bond is effective for one year beginning with the effective date and for each succeeding annual period, or until terminated. The text is being revised to make clear that the Appendix D ISF bond may also be used to cover a single transaction. This clarification will facilitate compliance with the ISF requirement by ISF Importers and is consistent with the Supplementary Information portion of the interim final rule in which CBP stated that it would accept single transaction bonds on a case-by-case basis. 73 FR 71760. Despite this statement, the terms of the Appendix D ISF bond did not make provision for using it as security for a single transaction. III. Inapplicability of Notice and Comment and Delayed Effective Date Pursuant to 5 U.S.C. 553(b)(3)(B), CBP has determined that it would be impracticable, unnecessary, and contrary to the public interest to require notice and public procedure for these amendments as CBP is simply clarifying the terms of the importer security filing bond in Appendix D consistent with both the preamble of the interim final rule and the other regulatory language in other bonds used to secure the ISF. In addition, the amendment to add text to clarify that the importer security filing bond can be used as either a continuous or single transaction bond confers a benefit to ISF Importers and imposes no burden on any interested VerDate Nov<24>2008 15:17 Dec 23, 2009 Jkt 220001 parties. For these same reasons, pursuant to 5 U.S.C. 553(d)(1) and (d)(3), there is good cause for these amendments to not have a delayed effective date. IV. The Regulatory Flexibility Act and Executive Order 12866 Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. Also, this amendment does not meet the criteria for a ‘‘significant regulatory action’’ as specified in Executive Order 12866. V. Amendments List of Subjects in 19 CFR Part 113 Common carrier, Customs duties and inspection, Freight, Penalties, Reporting and recordkeeping requirements, Surety bonds. Amendments to the Regulations Part 113 of title 19, code of Federal Regulations (19 CFR part 113), is amended as set forth below. ■ PART 113—CUSTOMS BONDS 1. The general authority citation for part 113 continues to read as follows: ■ Authority: 19 U.S.C. 66, 1623, 1624. 2. Revise Appendix D to part 113 to read as follows: ■ Appendix D to Part 113—Importer Security Filing Bond This appendix contains the relevant terms and conditions for Importer Security Filing Bonds. Importer Security Filing Bond KNOW ALL MEN BY THESE PRESENTS, that lllllllllll of llllllllllllll, as principal having Customs and Border Protection (CBP) Identification Number llllll and llllllll, as surety are held and firmly bound unto the United States of America up to the sum of llllll dollars ($llllll) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas, the named principal (including the named principal’s employees, agents and contractors) agrees to comply with all Importer Security Filing requirements set forth in 19 CFR part 149, including but not limited to providing security filing information to CBP in the manner and in the time period prescribed by regulation. If the principal defaults on the conditions of this obligation, the principal and surety jointly and severally, agree to pay liquidated damages of $5,000 for each violation, or such other amount as may be authorized by law or regulation upon demand by CBP. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 68377 [Complete this paragraph only for a single transaction bond] This single transaction bond secures the single transaction identified by Importer Security Filing transaction number lllllllllll issued by CBP on llllll, 20llllll. [Complete this paragraph only for a continuous bond] This continuous bond is effective llllll, 20llllll, and remains in force for one year beginning with the effective date and for each succeeding annual period, or until terminated. This bond constitutes a separate bond for each period in the amount listed above for liabilities that accrue in each period. The intention to terminate this bond must be conveyed within the period and manner prescribed in the CBP Regulations. This bond is executed on llllllll, 20llllll. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: lllllllllllllllllllll (Name) (Address) lllllllllllllllllllll (Name) (Address) lllllllllllllllllllll (Principal Name) (Seal) lllllllllllllllllllll lllllllllllllllllllll (Principal Address) lllllllllllllllllllll (Surety Name) (Seal) Surety No. llll lllllllllllllllllllll lllllllllllllllllllll lllllllllllllllllllll (Surety Mailing Address) Surety Agent Name lllllllllll Surety Agent ID Number lllllllll Dated: December 18, 2009. Jayson P. Ahern, Acting Commissioner. [FR Doc. E9–30570 Filed 12–23–09; 8:45 am] BILLING CODE 9111–14–P 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: Final rule. SUMMARY: The American Association of State Highway and Transportation Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994, E:\FR\FM\24DER1.SGM 24DER1 68378 Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations second edition (also referred to as ‘‘the Manual’’), together with the 2001 and 2003 Interim Revisions, is incorporated by reference in FHWA regulations, approved by the Federal Highway Administration, and recognized as a national standard for bridge inspections and load rating. The purpose of this final rule 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: This rule becomes effective January 25, 2010. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 25, 2010. 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: 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 is updating the NBIS regulation to reflect the latest information contained in the AASHTO documents. The FHWA also is updating the definition for ‘‘AASHTO Manual’’ to reflect the updated document. The FHWA proposed these revisions in its NPRM published in the Federal Register at 74 FR 44793 on August 31st. The FHWA did not receive any comments to the NPRM and therefore adopts the revisions as proposed. Electronic Access and Filing 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 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. This document, the notice of proposed rulemaking (NPRM), and all comments received can be viewed online through the Federal eRulemaking portal at: https://www.regulations.gov. It is available 24 hours each day, 365 days each year. 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Background This Final Rule is being issued to announce the 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 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. VerDate Nov<24>2008 15:17 Dec 23, 2009 Jkt 220001 Rulemaking Analysis and Notices 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 that this action would not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This Final Rule would not impose unfunded mandates as defined by the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24DER1.SGM 24DER1 Federal Register / Vol. 74, No. 246 / Thursday, December 24, 2009 / Rules and Regulations 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. 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. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 List of Subjects in 23 CFR Part 650 Bridges, Grant programs— Transportation, Highways and roads, Incorporation by reference, Reporting and recordkeeping requirements. Issued on: December 15, 2009. Victor M. Mendez, Administrator. In consideration of the foregoing, the FHWA amends title 23, Code of Federal Regulations part 650 as follows: VerDate Nov<24>2008 15:17 Dec 23, 2009 Jkt 220001 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). American Association of State Highway and Transportation Officials, Suite 249, 444 N. Capitol Street, NW., Washington, DC 20001, (202) 624–5800. The materials may also be ordered via the AASHTO bookstore located at the following URL: https:// www.transportation.org. (1) The Manual for Bridge Evaluation, First Edition, 2008, AASHTO, incorporation by reference approved for §§ 650.305 and 650.313. (2) [Reserved] [FR Doc. E9–30469 Filed 12–23–09; 8:45 am] Subpart C—National Bridge Inspection Standards BILLING CODE 4910–22–P 2. Amend § 650.305 by revising the definition of ‘‘American Association of State Highway and Transportation Officials (AASHTO) Manual’’ to read as follows: DEPARTMENT OF AGRICULTURE § 650.305 RIN 0596–AC81 ■ Definitions. * Executive Order 12630 (Taking of Private Property) ■ PART 650—BRIDGES, STRUCTURES, AND HYDRAULICS 68379 * * * * 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 to read as follows: § 650.317 Reference manuals. (a) The materials listed in this subpart are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any change in these documents will be published in the Federal Register. The materials are available for purchase at the address listed below, and are available for inspection at the National Archives and Records Administration (NARA). These materials may also be reviewed at the Department of Transportation Library, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–0761. For information on the availability of these materials at NARA call (202) 741–6030, or go to the following URL: https:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.htm. In the event there is a conflict between the standards in this subpart and any of these materials, the standards in this subpart will apply. (b) The following materials are available for purchase from the PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Forest Service 36 CFR Part 251 Special Uses Forest Service, USDA. Final rule; technical correction. AGENCY: ACTION: SUMMARY: This final rule is making minor, purely technical changes to the Forest Service’s special use regulations. The Agency is clarifying a definition of a term in which a phrase was inadvertently omitted from previous versions of the rule and which properly reflect the Forest Service’s authority to issue special use authorizations. The rule also corrects inaccurate citations and terms and removes obsolete requirements. DATES: Effective Date: This rule is effective December 24, 2009. FOR FURTHER INFORMATION CONTACT: Julett Denton, Special Uses Program Manager, Lands Staff, 202–205–1256. SUPPLEMENTARY INFORMATION: Forest Service regulations at 36 CFR part 251, subpart B, govern special use authorizations for use and occupancy of National Forest System lands. Approximately 72,000 special use authorizations are in effect on National Forest System lands. These uses cover a variety of activities ranging from individual private uses to large-scale commercial facilities and public services. Examples of authorized uses include road rights-of-way, apiaries, water storage and transmission facilities, telephone and electric transmission line rights-of-way, ski areas, resorts, marinas, outfitting and guiding, and campgrounds. The Department is making minor, purely technical changes to the regulations governing special use authorizations. E:\FR\FM\24DER1.SGM 24DER1

Agencies

[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Rules and Regulations]
[Pages 68377-68379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30469]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The American Association of State Highway and Transportation 
Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994,

[[Page 68378]]

second edition (also referred to as ``the Manual''), together with the 
2001 and 2003 Interim Revisions, is incorporated by reference in FHWA 
regulations, approved by the Federal Highway Administration, and 
recognized as a national standard for bridge inspections and load 
rating. The purpose of this final rule 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: This rule becomes effective January 25, 2010. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of January 25, 2010.

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

    This document, the notice of proposed rulemaking (NPRM), and all 
comments received can be viewed online through the Federal eRulemaking 
portal at: https://www.regulations.gov. It is available 24 hours each 
day, 365 days each year.
    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 Final Rule is being issued to announce the 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 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 is updating the NBIS regulation to 
reflect the latest information contained in the AASHTO documents. The 
FHWA also is updating the definition for ``AASHTO Manual'' to reflect 
the updated document.
    The FHWA proposed these revisions in its NPRM published in the 
Federal Register at 74 FR 44793 on August 31st. The FHWA did not 
receive any comments to the NPRM and therefore adopts the revisions as 
proposed.

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 
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 that this action would not have a 
significant economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This Final 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

[[Page 68379]]

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: December 15, 2009.
Victor M. Mendez,
Administrator.

0
In consideration of the foregoing, the FHWA amends title 23, Code of 
Federal Regulations part 650 as follows:

PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS

0
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).

Subpart C--National Bridge Inspection Standards

0
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).
* * * * *

0
3. Revise Sec.  650.317 to read as follows:


Sec.  650.317  Reference manuals.

    (a) The materials listed in this subpart are incorporated by 
reference in the corresponding sections noted. These incorporations by 
reference were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are 
incorporated as they exist on the date of the approval, and notice of 
any change in these documents will be published in the Federal 
Register. The materials are available for purchase at the address 
listed below, and are available for inspection at the National Archives 
and Records Administration (NARA). These materials may also be reviewed 
at the Department of Transportation Library, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, (202) 366-0761. For information on the 
availability of these materials at NARA call (202) 741-6030, or go to 
the following URL: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm. In the event there is a 
conflict between the standards in this subpart and any of these 
materials, the standards in this subpart will apply.
    (b) The following materials are available for purchase from the 
American Association of State Highway and Transportation Officials, 
Suite 249, 444 N. Capitol Street, NW., Washington, DC 20001, (202) 624-
5800. The materials may also be ordered via the AASHTO bookstore 
located at the following URL: https://www.transportation.org.
    (1) The Manual for Bridge Evaluation, First Edition, 2008, AASHTO, 
incorporation by reference approved for Sec. Sec.  650.305 and 650.313.
    (2) [Reserved]

[FR Doc. E9-30469 Filed 12-23-09; 8:45 am]
BILLING CODE 4910-22-P