National Bridge Inspection Standards, 68377-68379 [E9-30469]
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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.
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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,
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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
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
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In consideration of the foregoing, the FHWA amends title 23, Code of
Federal Regulations part 650 as follows:
PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS
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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
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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).
* * * * *
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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
