Design Standards for Highways, 31327-31332 [2015-13097]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
Proposal’’) to amend the limited trade
option exemption in part 32 of its
regulations. The Commission is
extending the comment period for the
Trade Options Proposal in light of the
Commission’s recent interpretation
concerning forward contracts with
embedded volumetric optionality.
DATES: The comment period for the
Trade Options Proposal published on
May 7, 2015, at 80 FR 26200, is
extended until June 22, 2015.
ADDRESSES: You may submit comments,
identified by RIN 3038–AE26, by any
one of the following methods:
• CFTC Web site: https://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Comments Online process
on the Web site.
• Mail: Send to Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
• Hand Delivery/Courier: Same as
Mail, above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please submit your comments using
only one of these methods.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to www.cftc.gov. You
should submit only information that
you wish to make available publicly. If
you wish the Commission to consider
information that may be exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the CFTC’s regulations, 17 CFR 145.9.
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse, or
remove any or all of a submission from
www.cftc.gov that it may deem to be
inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
rulemaking will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
David N. Pepper, Special Counsel,
Division of Market Oversight, at (202)
418–5565 or dpepper@cftc.gov; or Elise
Pallais, Counsel, Office of the General
Counsel, at (202) 418–5577 or epallais@
VerDate Sep<11>2014
16:57 Jun 01, 2015
Jkt 235001
cftc.gov; Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION: On May 7,
2015, the Commission published a
proposal to amend the trade option
exemption in part 32 of its regulations
in the following subject areas: (1)
Reporting requirements for trade option
counterparties that are not swap dealers
or major swap participants; (2)
recordkeeping requirements for trade
option counterparties that are not swap
dealers or major swap participants; and
(3) certain non-substantive
amendments.1 Generally, these
proposed amendments are intended to
facilitate use of trade options by
commercial market participants to
hedge against commercial and physical
risks.
On May 18, 2015, the Commission
published its final interpretation
regarding forward contracts with
embedded volumetric optionality.2 The
interpretation identifies when an
agreement, contract, or transaction
would fall within the forward contract
exclusions from the ‘‘swap’’ and ‘‘future
delivery’’ definitions in the Commodity
Exchange Act (‘‘CEA’’), notwithstanding
that it allows for variations in the
delivery amount (i.e., contains
‘‘embedded volumetric optionality’’).
In light of the recent publication of
the Commission’s interpretation on
forward contracts with embedded
volumetric optionality, the Commission
is extending the comment period for the
Trade Options Proposal until June 22,
2015.
Issued in Washington, DC, on May 28,
2015, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Trade Options Extension
of Comment Period—Commission
Voting Summary
On this matter, Chairman Massad and
Commissioners Wetjen, Bowen, and
1 Trade Options, Notice of Proposed Rulemaking,
80 FR 26200 (May 7, 2015).
2 Forward Contracts with Embedded Volumetric
Optionality, 80 FR 28239 (May 18, 2015). In
accordance with section 712(d)(4) of the DoddFrank Wall Street Reform and Consumer Protection
Act, the interpretation was issued jointly with the
U.S. Securities and Exchange Commission after
consultation with the Board of Governors of the
Federal Reserve System. Although the
interpretation was issued jointly, it is an
interpretation solely of the CFTC and does not
apply to the exclusion from the swap and securitybased swap definitions for security forwards or to
the distinction between security forwards and
security futures products.
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
31327
Giancarlo voted in the affirmative. No
Commissioner voted in the negative.
[FR Doc. 2015–13347 Filed 6–1–15; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[Docket No. FHWA–2015–0003]
[RIN 2125–AF67]
Design Standards for Highways
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NRPM); request for comments.
AGENCY:
The FHWA requests
comments on a proposed revision to
design standards and standard
specifications that applies to new
construction, reconstruction, resurfacing
(except for maintenance resurfacing),
restoration, and rehabilitation projects
on the National Highway System (NHS).
The proposed rule would incorporate by
reference the latest versions of design
standards and standard specifications
previously adopted and incorporated by
reference under 23 CFR part 625, and
would remove the corresponding
outdated or superseded versions of
these standards and specifications. The
proposed rule also would make
technical changes to the regulatory text
consistent with updated Federal
Register procedures.
DATES: Comments must be received on
or before July 2, 2015. Late comments
will be considered to the extent
practicable.
SUMMARY:
You may submit comments
identified by the docket number
FHWA–2015–0003 by any one of the
following methods:
Fax: 1–202–493–2251;
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590;
Hand Delivery: U.S. Department of
Transportation, Docket Operations,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or
Electronically through the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
ADDRESSES:
E:\FR\FM\02JNP1.SGM
02JNP1
31328
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
Instructions: All submissions must
include the agency name, docket name
and docket number or Regulatory
Identification Number (RIN) for this
rulemaking (2125–AF67). Note that all
comments received will be posted
without change to: https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov at any time or to
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20950, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Matzke, Office of Program
Administration (HIPA–20), (202) 366–
4658, or via email at michael.matzke@
dot.gov, or Mr. Robert Black, Office of
the Chief Counsel (HCC–30), (202) 366–
1373, or via email at robert.black@
dot.gov. Office hours are from 8:00 a.m.
to 4:30 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document may be viewed online
through the Federal eRulemaking portal
at: https://www.regulations.gov.
Electronic submission and retrieval help
and guidelines are available on the Web
site. It is available 24 hours each day,
365 days this year. Please follow the
instructions. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
Web site at: https://www.archives.gov/
federal-register and the Government
Publishing Office’s Web site at: https://
www.gpo.gov/fdsys. In accordance with
5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. The DOT posts
these comments, without edit, including
any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be viewed at
www.dot.gov/privacy.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Background
The FHWA proposes to modify its
regulations governing new construction,
reconstruction, resurfacing (except for
maintenance resurfacing), restoration,
and rehabilitation projects on the NHS
(including the Interstate system), by
incorporating by reference the current
versions of design standards and
standard specifications previously
VerDate Sep<11>2014
16:57 Jun 01, 2015
Jkt 235001
adopted and incorporated by reference
under 23 CFR 625.4, and removing the
outdated or superseded versions of
these standards and specifications.
Several of these design standards and
standard specifications were established
by the American Association of State
Highway and Transportation Officials
(AASHTO) and the American Welding
Society (AWS) and were previously
adopted by FHWA through rulemaking.
The new standards or specifications
replace previous versions of these
documents and represent the most
recent refinements that professional
organizations have formally accepted.
After review of the various standards
and specifications, FHWA proposes to
adopt them for NHS projects.
The proposed revisions include
referencing the 2011 edition of the
AASHTO A Policy on Geometric Design
of Highways and Streets, commonly
referred to as the Green Book. The
proposed revisions also include
referencing the current version of
AASHTO’s Load and Resistance Factor
Design (LRFD) Bridge Design
Specifications; LRFD Movable Highway
Bridge Design Specifications; and
Standard Specifications for Structural
Supports of Highway Signs, Luminaires
and Traffic Signals. In addition, the
proposed revisions would reference the
current version of the AWS Bridge
Welding Code and the Structural
Welding Code—Reinforcing Steel.
The AASHTO is an organization that
represents 52 State highway and
transportation agencies (including the
District of Columbia and Puerto Rico).
Its members consist of the duly
constituted heads and other chief
officials of those agencies. The Secretary
of Transportation is an ex-officio
member, and DOT staff participates in
various AASHTO activities as nonvoting
representatives. Among other functions,
AASHTO develops and issues
standards, specifications, policies,
guides and related materials for use by
the States for highway projects. Many of
the standards, policies, and standard
specifications that were approved by
FHWA and incorporated into 23 CFR
part 625 were developed and issued by
AASHTO.
The proposed revisions also include
updated versions of welding codes
published by AWS. The AWS is a
nonprofit organization known for its
code and certification procedures,
providing industry standards for
welding, including in the transportation
field. The AWS reports about 66,000
members worldwide and develops
updated materials for welding
professionals and other interested
parties, including those related to bridge
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
welding and structural welding. While
these adopted standards and
specifications apply to all projects on
the NHS (including the Interstate
system), FHWA encourages the use of
flexibility and a context-sensitive
approach to consider a full range of
project and user needs and the impacts
to the community and natural and
human environment. The FHWA
encourages State Departments of
Transportation (State DOTs) and local
agencies to consider using design
exceptions to achieve a design that
balances project and user needs,
performance, cost, environmental
implications, and community values.
These adopted design standards provide
a range of acceptable values for highway
features, and FHWA encourages the use
of this flexibility to achieve a design
that best suits the desires of the
community while satisfying the purpose
for the project and needs of its users.
At a minimum, State DOTs and local
agencies should select design values
based on an evaluation of the context of
the facility, needs of all the various
project users, safety, mobility (i.e.,
traffic performance), human and natural
environmental impacts, and project
costs. For most situations, there is
sufficient flexibility within the range of
acceptable values to achieve a balanced
design. However, when this is not
possible, a design exception may be
appropriate. State and local agencies
may consider designs that deviate from
the design standards when warranted
based on the conditions, context, and
consequences of the proposed projects.
Additional information on FHWA’s
adopted design standards and design
exceptions is available electronically at
https://www.fhwa.dot.gov/design/
standards and in FHWA’s publication
titled Mitigation Strategies for Design
Exceptions available at https://
safety.fhwa.dot.gov/geometric/pubs/
mitigationstrategies/fhwa_sa_07011.pdf.
The proposed rule also would make
technical changes to the regulatory text
consistent with updated Federal
Register procedures, including updating
mailing addresses and including
telephone and Web site addresses in 23
CFR 625.4(d) pertaining to the
availability of documents incorporated
by reference.
Discussion Under 1 CFR Part 51
The documents FHWA proposes to
incorporate by reference are reasonably
available to interested parties, primarily
State DOTs and local agencies carrying
out Federal-aid highway projects. These
documents represent the most recent
refinements that professional
organizations have formally accepted
E:\FR\FM\02JNP1.SGM
02JNP1
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
and are currently in use by the
transportation industry. The documents
are also available for review at the U.S.
Department of Transportation’s National
Transportation Library, the National
Archives and Records Administration
(NARA), or may be obtained from
AASHTO or AWS. The specific
standards are discussed in greater detail
elsewhere in this preamble.
Section by Section Discussion of the
Proposed Changes to 23 CFR Part 625
The FHWA proposes to revise
§ 625.4(a)(1) to replace the reference to
the 2001 edition of A Policy on
Geometric Design of Highways and
Streets (Policy) with the 2011 edition.
The AASHTO 2011 edition incorporates
the latest research and current industry
practices, with the basic criteria
identified for geometric design
standards remaining essentially the
same. This Policy is a comprehensive
manual to assist State DOTs and local
agencies in administrative, planning,
and educational efforts pertaining to
design formulation. The Policy includes
design guidelines for freeways, arterials,
collectors, and local roads in both urban
and rural locations. The Agency
considers the changes made in the 2011
version minor in nature. Most notably,
the changes include improved methods
for determining stopping and passing
site distance and clarifications of
inconsistencies between the Policy and
AASHTO’s Roadside Design Guide.
The FHWA proposes to strike
§ 625.4(a)(4) because the referenced
document, Erosion and Sediment
Control on Highway Construction
Projects, is guidance only. Accordingly,
the document does not carry the force
and effect of law, and incorporation by
reference in the Agency’s regulations is
unnecessary. The proposed rule would
redesignate existing §§ 625.4(a)(5)–(8) as
§§ 625.4(a)(4)–(7), respectively.
With respect to the design standards
and standards specifications for bridges
and structures under § 625.4(b), FHWA
generally proposes to adopt the current
versions of the standards and
specifications it has previously adopted
from AASHTO and AWS. The updated
documents contain changes that
represent discoveries or improvements
in the state-of-the-knowledge and
practices of State DOTs and local
agencies that have occurred since the
previous standards and specifications
were incorporated by reference into 23
CFR part 625.
The NPRM would revise § 625.4(b)(1)
to reference the Standard Specifications
for Highway Bridges, 17th Edition,
AASHTO adopted in 2002 instead of the
15th edition adopted in 1992. The
VerDate Sep<11>2014
16:57 Jun 01, 2015
Jkt 235001
updates incorporated into the 17th
Edition are minor in nature. They
include the incorporation of the interim
specifications of 1997, 1998, 1999, 2000,
2001, 2002, and 2003 and other minor
updates. However, FHWA proposes that
with respect to proposed modifications
to existing bridges, the standard
specifications for design may be those
that were used for the original design of
the bridge.
The FHWA proposes to strike
paragraphs (2) through (4) of § 625.4(b)
pertaining to interim specifications for
bridges and LRFD bridge design
specifications. In their place, the NPRM
would insert new paragraph (2).
Proposed paragraph (2) would
incorporate by reference the current
version of the revised AASHTO
specifications entitled ‘‘LRFD Bridge
Construction Specifications, 3rd
Edition, with the 2010, 2011, 2012 and
2014 Interim Revisions.’’ The AASHTO
previously included these specifications
in its Standard Specifications for
Highway Bridges, but these
specifications are now in a stand-alone
document. The LRFD Bridge
Construction Specifications are
intended to complement the LRFD
Bridge Design Specifications, which the
FHWA proposes to include under a new
paragraph (3).
The FHWA proposes to strike
paragraphs (5) and (6) of § 625.4(b) and
insert a new paragraph (3). Proposed
paragraph (3) would incorporate by
reference AASHTO LRFD Bridge Design
Specifications, 7th Edition, AASHTO
2014. This change would replace the
bridge design specifications AASHTO
adopted in 1994 that are currently
incorporated by reference under
paragraphs (5) and (6). The 7th Edition
updates are minor in nature and include
clearer direction on seismic isolation
design. The FHWA required the use of
the LRFD Bridge Design Specifications
on all new and total replacement bridge
designs after 2007.1 As such, the LRFD
Bridge Construction Specifications rely
on extensive use of the same statistical
modeling methods as the LRFD Bridge
Design Specifications, but set forth the
results in a manner readily usable by
bridge designers and analysts.
The FHWA proposes to strike
§ 625.4(b)(7) and add a new paragraph
(4) to incorporate by reference the
current version of the LRFD Movable
Highway Bridge Design Specifications,
2nd Edition, 2007, and the Interim
Revisions that AASHTO adopted in
2008, 2010, 2011, 2012, 2014, and 2015.
1 FHWA Policy Memorandum, ‘‘Clarification of
LRFD Policy Memorandum,’’ January 22, 2007,
https://www.fhwa.dot.gov/bridge/012207.cfm.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
31329
This change would replace bridge
design specifications adopted by
AASHTO in 1994. Changes in the 2nd
Edition are minor and include the
treatment of precast concrete
component and clarification on
prequalified details and essential
variables for fillet welds.
The FHWA proposes to strike
§ 625.4(b)(8) and add a new paragraph
(5) to incorporate by reference the
current version of the AASHTO/AWS
D1.5M/D1.5: 2010 Bridge Welding Code,
6th Edition; AASHTO, 2010 and the
Interim Revisions that AASHTO
adopted in 2011 and 2012. This code
and interim revisions replace those
previously adopted by AASHTO.
Changes in the 6th Edition are minor in
nature and include consolidation of
tables, clarifications for several types of
welding, and addition of new steel
grades to the code.
The FHWA proposes to strike
§ 625.4(b)(9) and add a new paragraph
(6) to incorporate by reference the
current version of the D1.4/D1.4M: 2011
Structural Welding Code—Reinforcing
Steel that the American Welding Society
adopted in 2011. This code will replace
the code AASHTO previously adopted
in 1992. The changes consist primarily
of conversion from International System
of Units (known as SI) to United States
customary units.
The FHWA proposes to strike
§ 625.4(b)(10) and add a new paragraph
(7) to incorporate by reference the
current version of the Standard
Specifications for Structural Supports
for Highway Sign, Luminaires and
Traffic Signals, 6th Edition, AASHTO,
2013. This edition of the standard
specifications will replace those that
were previously adopted by AASHTO in
1994. Changes in the 6th Edition are
minor in nature and include new figures
for welding of connections, updates to
hand-hole welds, and updated design
methods for support structures.
Finally, FHWA proposes to
redesignate section 625.5(b)(11) as
paragraph (8), continuing to incorporate
by reference navigational clearances for
bridges under 23 CFR part 650,
subpart H.
Rulemaking Analyses and Notices
All comments received before the
close of business on the comment
closing date indicated above will be
considered and will be available for
examination in the docket at the above
address. Comments received after the
comment closing date will be filed in
the docket and will be considered to the
extent practicable. In addition to late
comments, FHWA will also continue to
file relevant information in the docket
E:\FR\FM\02JNP1.SGM
02JNP1
31330
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
as it becomes available after the
comment period closing date, and
interested persons should continue to
examine the docket for new material. A
final rule may be published at any time
after close of the comment period and
after DOT has had the opportunity to
review the comments submitted.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Executive Order 12866 (Regulatory
Planning and Review), Executive Order
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulatory Policies and Procedures
The FHWA has determined that this
action does not constitute a significant
regulatory action within the meaning of
Executive Order 12866 or within the
meaning of DOT regulatory policies and
procedures. The proposed amendments
would update several industry design
standards and standard specifications
adopted and incorporated by reference
under 23 CFR part 625 and would
remove the corresponding outdated or
superseded versions of these standards
and specifications. The proposed rule
also would make technical changes to
the regulatory text consistent with
updated Federal Register procedures.
In addition, this action complies with
the principles of Executive Order 13563.
After evaluating the costs and benefits
of these proposed amendments, FHWA
anticipates that the economic impact of
this rulemaking would be minimal.
These changes are not anticipated to
adversely affect, in any material way,
any sector of the economy. In addition,
these changes will 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. These updated
standards and specifications represent
the most recent refinements that
professional organizations have formally
accepted, and are currently in use by the
transportation industry. The FHWA
anticipates that the economic impact of
this rulemaking will be minimal;
therefore, a full regulatory evaluation is
not necessary.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612), FHWA has evaluated the
effects of this proposed rule on small
entities, such as local governments and
businesses. Based on the evaluation,
FHWA anticipates that this action
would not have a significant economic
impact on a substantial number of small
entities. The proposed amendments
would update several industry design
standards and standard specifications
adopted and incorporated by reference
under 23 CFR part 625. The FHWA
VerDate Sep<11>2014
16:57 Jun 01, 2015
Jkt 235001
believes the projected impact upon
small entities that utilize Federal-aid
highway program funding for the
development of highway improvement
projects on the NHS would be
negligible. Therefore, I certify that the
proposed action would not have a
significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of
1995
The FHWA has determined that this
NPRM would not impose unfunded
mandates as defined by the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4, March 22, 1995, 109 Stat. 48).
The actions proposed in this NPRM
would not result in the expenditure by
State, local, and tribal governments, in
the aggregate, or by the private sector, of
$143.1 million or more in any one year
(when adjusted for inflation) in 2012
dollars for either State, local, and tribal
governments in the aggregate, or by the
private sector. The FHWA will publish
a final analysis, including its response
to public comments, when it publishes
a final rule. In addition, the definition
of ‘‘Federal Mandate’’ in the Unfunded
Mandates Reform Act excludes financial
assistance of the type in which State,
local, or tribal governments have
authority to adjust their participation in
the program in accordance with changes
made in the program by the Federal
Government. The Federal-aid highway
program permits this type of flexibility.
Executive Order 13132 (Federalism
Assessment)
The FHWA has analyzed this NPRM
in accordance with the principles and
criteria contained in Executive Order
13132. 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 action would not preempt any State
law or State regulation or affect the
States’ ability to discharge traditional
State governmental functions.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this program. This Executive Order
applies because State and local
governments would be directly affected
by the proposed regulation, which is a
condition on Federal highway funding.
Local entities should refer to the Catalog
of Federal Domestic Assistance Program
Number 20.205, Highway Planning and
Construction, for further information.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
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 the proposed rule
does not contain collection of
information requirements for the
purposes of the PRA.
National Environmental Policy Act
The FHWA has analyzed this
proposed rule for the purposes of the
National Environmental Policy Act
(NEPA) (42 U.S.C. 4321 et seq.) and has
determined that this action would not
have any effect on the quality of the
human and natural environment
because it only would make technical
changes and incorporate by reference
the latest versions of design standards
and standard specifications previously
adopted and incorporated by reference
under 23 CFR part 625 and would
remove the corresponding outdated or
superseded versions of these standards
and specifications. The proposed rule
qualifies as a categorical exclusion to
NEPA under 23 CFR 771.117(c)(20).
Executive Order 13175 (Tribal
Consultation)
The FHWA has analyzed this
proposed rule 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. This proposed
rule would not impose any direct
compliance requirements on Indian
Tribal governments nor would it have
any economic or other impacts on the
viability of Indian Tribes. Therefore, a
Tribal summary impact statement is not
required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this
proposed rule under Executive Order
13211, Actions Concerning Regulations
that Significantly Affect Energy Supply,
Distribution or Use. The FHWA has
determined that this proposed action is
not a significant energy action under the
Executive Order and is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Therefore, a Statement of Energy Effects
is not required.
E:\FR\FM\02JNP1.SGM
02JNP1
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
Executive Order 12630 (Taking of
Private Property)
The FHWA has analyzed this
proposed rule under Executive Order
12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights. The FHWA
does not anticipate that this proposed
action would effect a taking of private
property or otherwise have taking
implications under Executive Order
12630.
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
proposed action under Executive Order
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. The FHWA certifies that this
proposed action would not cause an
environmental risk to health or safety
that may disproportionately affect
children.
Executive Order 12898 (Environmental
Justice)
The Executive Order 12898 requires
that each Federal agency make
achieving environmental justice part of
its mission by identifying and
addressing, as appropriate,
disproportionately high and adverse
human health or environmental effects
of its programs, policies, and activities
on minorities and low-income
populations. The FHWA has determined
that this rule does not raise any
environmental justice issues.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Regulation Identifier Number
A 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 number
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 625
Design standards, Grant programs—
transportation, Highways and roads,
Incorporation by reference.
16:57 Jun 01, 2015
Jkt 235001
In consideration of the foregoing, the
FHWA proposes to revise 23 CFR part
625 as follows:
PART 625—DESIGN STANDARDS FOR
HIGHWAYS
1. The authority citation for part 625
continues to read as follows:
■
Authority: 23 U.S.C. 109, 215, and 402;
Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914,
2012; 49 CFR 1.48(b) and (n).
Executive Order 12988 (Civil Justice
Reform)
VerDate Sep<11>2014
Issued on: May 21, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway
Administration.
2. In § 625.4, revise paragraphs (a), (b)
and (d) to read as follows:
■
§ 625.4 Standards, policies, and standard
specifications.
(a) Roadway and appurtenances. (1) A
Policy on Geometric Design of
Highways and Streets, AASHTO 2011.
(2) A Policy on Design Standards
Interstate System, AASHTO, January
2005.
(3) The geometric design standards for
resurfacing, restoration, and
rehabilitation (RRR) projects on NHS
highways other than freeways shall be
the procedures and the design or design
criteria established for individual
projects, groups of projects, or all nonfreeway RRR projects in a State, and as
approved by the FHWA. The other
geometric design standards in this
section do not apply to RRR projects on
NHS highways other than freeways,
except as adopted on an individual
State basis. The RRR design standards
shall reflect the consideration of the
traffic, safety, economic, physical,
community, and environmental needs of
the projects.
(4) Location and Hydraulic Design of
Encroachments on Flood Plains, refer to
23 CFR part 650, subpart A.
(5) Procedures for Abatement of
Highway Traffic Noise and Construction
Noise, refer to 23 CFR part 772.
(6) Accommodation of Utilities, refer
to 23 CFR part 645, subpart B.
(7) Pavement Design, refer to 23 CFR
part 626.
(b) Bridges and structures. (1) For
existing bridges originally designed to
any edition of the AASHTO Standard
Specifications for Highway Bridges,
modifications may be designed to the
Standard Specifications for Highway
Bridges, 17th Edition, AASHTO 2002, or
to the standards and specifications that
are listed in § 625.4(b). [See
§ 625.4(d)(1)]
(2) AASHTO LRFD Bridge
Construction Specifications, 3rd
Edition, with 2010, 2011, 2012, and
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
31331
2014 Interim Revisions, AASHTO. [See
§ 625.4(d)(1)]
(3) AASHTO LRFD Bridge Design
Specifications, 7th Edition, AASHTO
2014. [See § 625.4(d)(1)]
(4) AASHTO LRFD Movable Highway
Bridge Design Specifications, 2nd
Edition, including 2008, 2010, 2011,
2012, 2014, and 2015 Interim Revisions,
AASHTO 2007. [See § 625.4(d)(1)]
(5) AASHTO/AWS D1.5M/D1.5: 2010
Bridge Welding Code, 6th Edition, with
2011 and 2012 Interim Revisions,
AASHTO 2011. [See § 625.4(d)(1)]
(6) D1.4/D1.4M: 2011Structural
Welding Code-Reinforcing Steel,
American Welding Society, 2011. [See
§ 625.4(d)(2)]
(7) Standard Specifications for
Structural Supports for Highway Signs,
Luminaires and Traffic Signals, 6th
Edition, AASHTO 2013. [See
§ 625.4(d)(1)]
(8) Navigational Clearances for
Bridges, refer to 23 CFR part 650,
subpart H.
*
*
*
*
*
(d) Documents incorporated by
reference. The Director of the Federal
Register approves the incorporation by
reference of the documents listed in this
section in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. The
documents listed in § 625.4 are
incorporated by reference and available
for inspection at the U.S. Department of
Transportation’s National
Transportation Library at 1200 New
Jersey Avenue SE., Washington, DC
20590; (800) 853–1351. The documents
also are available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html. Copies
of these documents may be obtained
from the following organizations:
(1) American Association of State
Highway and Transportation Officials
(AASHTO), Suite 249, 444 North
Capitol Street, NW., Washington, DC
20001; www.transportation.org; or (202)
624–5800.
(i) A Policy on Geometric Design of
Highways and Streets, AASHTO 2011.
(ii) A Policy on Design Standards
Interstate System, AASHTO, January
2005.
(iii) Standard Specifications for
Highway Bridges, 17th Edition,
AASHTO 2002.
(iv) AASHTO LRFD Bridge
Construction Specifications, 3rd
Edition, with 2010, 2011, 2012, and
2014 Interim Revisions.
E:\FR\FM\02JNP1.SGM
02JNP1
31332
Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
(v) AASHTO LRFD Bridge Design
Specifications, 7th Edition, AASHTO
2014.
(vi) AASHTO LRFD Movable
Highway Bridge Design Specifications,
2nd Edition, including 2008, 2010,
2011, 2012, 2014, and 2015 Interim
Revisions, AASHTO 2007.
(vii) AASHTO/AWS D1.5M/D1.5:
2010 Bridge Welding Code, 6th Edition,
with 2011 and 2012 Interim Revisions,
AASHTO 2011.
(viii) Standard Specifications for
Structural Supports for Highway Signs,
Luminaires and Traffic Signals, 6th
Edition, AASHTO 2013.
(2) American Welding Society (AWS),
8669 NW 36 Street, # 130 Miami, FL
33166–6672; www.aws.org; or (800)
443–9353 or (305) 443–9353.
(i) D1.4/D1.4M: 2011 Structural
Welding Code—Reinforcing Steel,
American Welding Society, 2011.
(ii) [Reserved]
[FR Doc. 2015–13097 Filed 6–1–15; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 888
[Docket No. FR–5855–A–01]
RIN 2501–AD74
Establishing a More Effective Fair
Market Rent (FMR) System; Using
Small Area Fair Market Rents
(SAFMRs) in Housing Choice Voucher
Program Instead of the Current 50th
Percentile FMRs; Advanced Notice of
Proposed Rulemaking
Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION: Advanced notice of proposed
rulemaking.
AGENCY:
Section 8(c)(1) of the United
States Housing Act of 1937 (USHA)
requires HUD to publish Fair Market
Rents (FMRs) periodically, but not less
than annually, adjusted to be effective
on October 1 of each year. Some
examples of uses of FMRs are to
determine payment standard amounts
for the Housing Choice Voucher (HCV)
program, to establish a limit on the
amount of rent to owner for projectbased vouchers, to determine initial and
renewal rents for some new and
expiring project-based Section 8
contracts, to determine initial rents for
housing assistance payment (HAP)
contracts in the Moderate Rehabilitation
Single Room Occupancy program (Mod
Rehab), and to serve as a rent ceiling in
the HOME rental assistance program.
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:57 Jun 01, 2015
Jkt 235001
This document announces HUD’s
intention to amend HUD’s FMR
regulations applicable to the HCV
program (24 CFR part 888) to provide
HCV tenants with subsidies that better
reflect the localized rental market,
including subsidies that would be
relatively higher if they move into areas
that potentially have better access to
jobs, transportation, services, and
educational opportunities. Specifically,
this document requests public
comments on the use of small area
FMRs (SAFMRs) for the HCV program
within certain metropolitan areas. Small
areas FMRs vary by ZIP code and
support a greater range of payment
standards than can be achieved under
existing regulations.
DATES:
Comments Due Date: July 2,
2015.
Interested persons are
invited to submit comments to the
Office of the General Counsel, Rules
Docket Clerk, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 10276, Washington,
DC 20410–0001. Communications
should refer to the above docket number
and title and should contain the
information specified in the ‘‘Request
for Comments’’ section. There are two
methods for submitting public
comments.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500. Due to
security measures at all federal agencies,
however, submission of comments by
mail often results in delayed delivery.
To ensure timely receipt of comments,
HUD recommends that comments
submitted by mail be submitted at least
two weeks in advance of the public
comment deadline.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make comments immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow instructions
ADDRESSES:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
provided on that site to submit
comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
using one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the notice.
No Facsimile Comments. Facsimile
(fax) comments are not acceptable.
Public Inspection of Comments. All
comments and communications
submitted to HUD will be available, for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
Copies of all comments submitted are
available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Marie L. Lihn, Senior Economist,
Economic Market Analysis Division,
Office of Economic Affairs, Office of
Policy Development and Research, U.S.
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410, telephone (202)
402–5866; email: marie.l.lihn@hud.gov.
Hearing- or speech-impaired persons
may use the Telecommunications
Devices for the Deaf (TTY) by contacting
the Federal Relay Service at 1–800–877–
8339. (Other than the ‘‘800’’ TTY
number, telephone numbers are not toll
free.)
Electronic Data Availability. This
Federal Register notice will be available
electronically from the HUD User page
at https://www.huduser.org/datasets/
fmr.html. Federal Register notices also
are available electronically from https://
www.gpoaccess.gov/fr/, the
U.S. Government Publishing Office Web
site. SAFMRs based on Final Fiscal Year
(FY) 2015 Metropolitan Area Rents are
available in Microsoft Excel format at
the same HUD web address https://
www.huduser.org/portal/datasets/fmr/
smallarea/.
SUPPLEMENTARY INFORMATION:
I. Background
HUD’s HCV program helps lowincome households obtain standard
rental housing and reduces the share of
their income that goes toward rent.
Vouchers issued under the HCV
program provide subsidies that allow
individuals and families to rent eligible
units in the private market. A key
parameter in operating the HCV
program is the FMR.
E:\FR\FM\02JNP1.SGM
02JNP1
]]>Agencies
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31327-31332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13097]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[Docket No. FHWA-2015-0003]
[RIN 2125-AF67]
Design Standards for Highways
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NRPM); request for comments.
-----------------------------------------------------------------------
SUMMARY: The FHWA requests comments on a proposed revision to design
standards and standard specifications that applies to new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, and rehabilitation projects on the National Highway System
(NHS). The proposed rule would incorporate by reference the latest
versions of design standards and standard specifications previously
adopted and incorporated by reference under 23 CFR part 625, and would
remove the corresponding outdated or superseded versions of these
standards and specifications. The proposed rule also would make
technical changes to the regulatory text consistent with updated
Federal Register procedures.
DATES: Comments must be received on or before July 2, 2015. Late
comments will be considered to the extent practicable.
ADDRESSES: You may submit comments identified by the docket number
FHWA-2015-0003 by any one of the following methods:
Fax: 1-202-493-2251;
Mail: U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590;
Hand Delivery: U.S. Department of Transportation, Docket
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or Electronically through the
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
online instructions for submitting comments.
[[Page 31328]]
Instructions: All submissions must include the agency name, docket
name and docket number or Regulatory Identification Number (RIN) for
this rulemaking (2125-AF67). Note that all comments received will be
posted without change to: https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov at any time or to
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20950, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Matzke, Office of Program
Administration (HIPA-20), (202) 366-4658, or via email at
michael.matzke@dot.gov, or Mr. Robert Black, Office of the Chief
Counsel (HCC-30), (202) 366-1373, or via email at robert.black@dot.gov.
Office hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document may be viewed online through the Federal eRulemaking
portal at: https://www.regulations.gov. Electronic submission and
retrieval help and guidelines are available on the Web site. It is
available 24 hours each day, 365 days this year. Please follow the
instructions. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's Web site at:
https://www.archives.gov/federal-register and the Government Publishing
Office's Web site at: https://www.gpo.gov/fdsys. In accordance with 5
U.S.C. 553(c), DOT solicits comments from the public to better inform
its rulemaking process. The DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be viewed at www.dot.gov/privacy.
Background
The FHWA proposes to modify its regulations governing new
construction, reconstruction, resurfacing (except for maintenance
resurfacing), restoration, and rehabilitation projects on the NHS
(including the Interstate system), by incorporating by reference the
current versions of design standards and standard specifications
previously adopted and incorporated by reference under 23 CFR 625.4,
and removing the outdated or superseded versions of these standards and
specifications. Several of these design standards and standard
specifications were established by the American Association of State
Highway and Transportation Officials (AASHTO) and the American Welding
Society (AWS) and were previously adopted by FHWA through rulemaking.
The new standards or specifications replace previous versions of these
documents and represent the most recent refinements that professional
organizations have formally accepted. After review of the various
standards and specifications, FHWA proposes to adopt them for NHS
projects.
The proposed revisions include referencing the 2011 edition of the
AASHTO A Policy on Geometric Design of Highways and Streets, commonly
referred to as the Green Book. The proposed revisions also include
referencing the current version of AASHTO's Load and Resistance Factor
Design (LRFD) Bridge Design Specifications; LRFD Movable Highway Bridge
Design Specifications; and Standard Specifications for Structural
Supports of Highway Signs, Luminaires and Traffic Signals. In addition,
the proposed revisions would reference the current version of the AWS
Bridge Welding Code and the Structural Welding Code--Reinforcing Steel.
The AASHTO is an organization that represents 52 State highway and
transportation agencies (including the District of Columbia and Puerto
Rico). Its members consist of the duly constituted heads and other
chief officials of those agencies. The Secretary of Transportation is
an ex-officio member, and DOT staff participates in various AASHTO
activities as nonvoting representatives. Among other functions, AASHTO
develops and issues standards, specifications, policies, guides and
related materials for use by the States for highway projects. Many of
the standards, policies, and standard specifications that were approved
by FHWA and incorporated into 23 CFR part 625 were developed and issued
by AASHTO.
The proposed revisions also include updated versions of welding
codes published by AWS. The AWS is a nonprofit organization known for
its code and certification procedures, providing industry standards for
welding, including in the transportation field. The AWS reports about
66,000 members worldwide and develops updated materials for welding
professionals and other interested parties, including those related to
bridge welding and structural welding. While these adopted standards
and specifications apply to all projects on the NHS (including the
Interstate system), FHWA encourages the use of flexibility and a
context-sensitive approach to consider a full range of project and user
needs and the impacts to the community and natural and human
environment. The FHWA encourages State Departments of Transportation
(State DOTs) and local agencies to consider using design exceptions to
achieve a design that balances project and user needs, performance,
cost, environmental implications, and community values. These adopted
design standards provide a range of acceptable values for highway
features, and FHWA encourages the use of this flexibility to achieve a
design that best suits the desires of the community while satisfying
the purpose for the project and needs of its users.
At a minimum, State DOTs and local agencies should select design
values based on an evaluation of the context of the facility, needs of
all the various project users, safety, mobility (i.e., traffic
performance), human and natural environmental impacts, and project
costs. For most situations, there is sufficient flexibility within the
range of acceptable values to achieve a balanced design. However, when
this is not possible, a design exception may be appropriate. State and
local agencies may consider designs that deviate from the design
standards when warranted based on the conditions, context, and
consequences of the proposed projects. Additional information on FHWA's
adopted design standards and design exceptions is available
electronically at https://www.fhwa.dot.gov/design/standards and in
FHWA's publication titled Mitigation Strategies for Design Exceptions
available at https://safety.fhwa.dot.gov/geometric/pubs/mitigationstrategies/fhwa_sa_07011.pdf.
The proposed rule also would make technical changes to the
regulatory text consistent with updated Federal Register procedures,
including updating mailing addresses and including telephone and Web
site addresses in 23 CFR 625.4(d) pertaining to the availability of
documents incorporated by reference.
Discussion Under 1 CFR Part 51
The documents FHWA proposes to incorporate by reference are
reasonably available to interested parties, primarily State DOTs and
local agencies carrying out Federal-aid highway projects. These
documents represent the most recent refinements that professional
organizations have formally accepted
[[Page 31329]]
and are currently in use by the transportation industry. The documents
are also available for review at the U.S. Department of
Transportation's National Transportation Library, the National Archives
and Records Administration (NARA), or may be obtained from AASHTO or
AWS. The specific standards are discussed in greater detail elsewhere
in this preamble.
Section by Section Discussion of the Proposed Changes to 23 CFR Part
625
The FHWA proposes to revise Sec. 625.4(a)(1) to replace the
reference to the 2001 edition of A Policy on Geometric Design of
Highways and Streets (Policy) with the 2011 edition. The AASHTO 2011
edition incorporates the latest research and current industry
practices, with the basic criteria identified for geometric design
standards remaining essentially the same. This Policy is a
comprehensive manual to assist State DOTs and local agencies in
administrative, planning, and educational efforts pertaining to design
formulation. The Policy includes design guidelines for freeways,
arterials, collectors, and local roads in both urban and rural
locations. The Agency considers the changes made in the 2011 version
minor in nature. Most notably, the changes include improved methods for
determining stopping and passing site distance and clarifications of
inconsistencies between the Policy and AASHTO's Roadside Design Guide.
The FHWA proposes to strike Sec. 625.4(a)(4) because the
referenced document, Erosion and Sediment Control on Highway
Construction Projects, is guidance only. Accordingly, the document does
not carry the force and effect of law, and incorporation by reference
in the Agency's regulations is unnecessary. The proposed rule would
redesignate existing Sec. Sec. 625.4(a)(5)-(8) as Sec. Sec.
625.4(a)(4)-(7), respectively.
With respect to the design standards and standards specifications
for bridges and structures under Sec. 625.4(b), FHWA generally
proposes to adopt the current versions of the standards and
specifications it has previously adopted from AASHTO and AWS. The
updated documents contain changes that represent discoveries or
improvements in the state-of-the-knowledge and practices of State DOTs
and local agencies that have occurred since the previous standards and
specifications were incorporated by reference into 23 CFR part 625.
The NPRM would revise Sec. 625.4(b)(1) to reference the Standard
Specifications for Highway Bridges, 17th Edition, AASHTO adopted in
2002 instead of the 15th edition adopted in 1992. The updates
incorporated into the 17th Edition are minor in nature. They include
the incorporation of the interim specifications of 1997, 1998, 1999,
2000, 2001, 2002, and 2003 and other minor updates. However, FHWA
proposes that with respect to proposed modifications to existing
bridges, the standard specifications for design may be those that were
used for the original design of the bridge.
The FHWA proposes to strike paragraphs (2) through (4) of Sec.
625.4(b) pertaining to interim specifications for bridges and LRFD
bridge design specifications. In their place, the NPRM would insert new
paragraph (2). Proposed paragraph (2) would incorporate by reference
the current version of the revised AASHTO specifications entitled
``LRFD Bridge Construction Specifications, 3rd Edition, with the 2010,
2011, 2012 and 2014 Interim Revisions.'' The AASHTO previously included
these specifications in its Standard Specifications for Highway
Bridges, but these specifications are now in a stand-alone document.
The LRFD Bridge Construction Specifications are intended to complement
the LRFD Bridge Design Specifications, which the FHWA proposes to
include under a new paragraph (3).
The FHWA proposes to strike paragraphs (5) and (6) of Sec.
625.4(b) and insert a new paragraph (3). Proposed paragraph (3) would
incorporate by reference AASHTO LRFD Bridge Design Specifications, 7th
Edition, AASHTO 2014. This change would replace the bridge design
specifications AASHTO adopted in 1994 that are currently incorporated
by reference under paragraphs (5) and (6). The 7th Edition updates are
minor in nature and include clearer direction on seismic isolation
design. The FHWA required the use of the LRFD Bridge Design
Specifications on all new and total replacement bridge designs after
2007.\1\ As such, the LRFD Bridge Construction Specifications rely on
extensive use of the same statistical modeling methods as the LRFD
Bridge Design Specifications, but set forth the results in a manner
readily usable by bridge designers and analysts.
---------------------------------------------------------------------------
\1\ FHWA Policy Memorandum, ``Clarification of LRFD Policy
Memorandum,'' January 22, 2007, https://www.fhwa.dot.gov/bridge/012207.cfm.
---------------------------------------------------------------------------
The FHWA proposes to strike Sec. 625.4(b)(7) and add a new
paragraph (4) to incorporate by reference the current version of the
LRFD Movable Highway Bridge Design Specifications, 2nd Edition, 2007,
and the Interim Revisions that AASHTO adopted in 2008, 2010, 2011,
2012, 2014, and 2015. This change would replace bridge design
specifications adopted by AASHTO in 1994. Changes in the 2nd Edition
are minor and include the treatment of precast concrete component and
clarification on prequalified details and essential variables for
fillet welds.
The FHWA proposes to strike Sec. 625.4(b)(8) and add a new
paragraph (5) to incorporate by reference the current version of the
AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition; AASHTO,
2010 and the Interim Revisions that AASHTO adopted in 2011 and 2012.
This code and interim revisions replace those previously adopted by
AASHTO. Changes in the 6th Edition are minor in nature and include
consolidation of tables, clarifications for several types of welding,
and addition of new steel grades to the code.
The FHWA proposes to strike Sec. 625.4(b)(9) and add a new
paragraph (6) to incorporate by reference the current version of the
D1.4/D1.4M: 2011 Structural Welding Code--Reinforcing Steel that the
American Welding Society adopted in 2011. This code will replace the
code AASHTO previously adopted in 1992. The changes consist primarily
of conversion from International System of Units (known as SI) to
United States customary units.
The FHWA proposes to strike Sec. 625.4(b)(10) and add a new
paragraph (7) to incorporate by reference the current version of the
Standard Specifications for Structural Supports for Highway Sign,
Luminaires and Traffic Signals, 6th Edition, AASHTO, 2013. This edition
of the standard specifications will replace those that were previously
adopted by AASHTO in 1994. Changes in the 6th Edition are minor in
nature and include new figures for welding of connections, updates to
hand-hole welds, and updated design methods for support structures.
Finally, FHWA proposes to redesignate section 625.5(b)(11) as
paragraph (8), continuing to incorporate by reference navigational
clearances for bridges under 23 CFR part 650, subpart H.
Rulemaking Analyses and Notices
All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments,
FHWA will also continue to file relevant information in the docket
[[Page 31330]]
as it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period and after DOT has had the opportunity to review the
comments submitted.
Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
The FHWA has determined that this action does not constitute a
significant regulatory action within the meaning of Executive Order
12866 or within the meaning of DOT regulatory policies and procedures.
The proposed amendments would update several industry design standards
and standard specifications adopted and incorporated by reference under
23 CFR part 625 and would remove the corresponding outdated or
superseded versions of these standards and specifications. The proposed
rule also would make technical changes to the regulatory text
consistent with updated Federal Register procedures.
In addition, this action complies with the principles of Executive
Order 13563. After evaluating the costs and benefits of these proposed
amendments, FHWA anticipates that the economic impact of this
rulemaking would be minimal. These changes are not anticipated to
adversely affect, in any material way, any sector of the economy. In
addition, these changes will 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. These updated
standards and specifications represent the most recent refinements that
professional organizations have formally accepted, and are currently in
use by the transportation industry. The FHWA anticipates that the
economic impact of this rulemaking will be minimal; therefore, a full
regulatory evaluation is not necessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), FHWA has evaluated the effects of this proposed rule
on small entities, such as local governments and businesses. Based on
the evaluation, FHWA anticipates that this action would not have a
significant economic impact on a substantial number of small entities.
The proposed amendments would update several industry design standards
and standard specifications adopted and incorporated by reference under
23 CFR part 625. The FHWA believes the projected impact upon small
entities that utilize Federal-aid highway program funding for the
development of highway improvement projects on the NHS would be
negligible. Therefore, I certify that the proposed action would not
have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
The FHWA has determined that this NPRM would not impose unfunded
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, March 22, 1995, 109 Stat. 48). The actions proposed in this
NPRM would not result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million or more in any one year (when adjusted for inflation) in 2012
dollars for either State, local, and tribal governments in the
aggregate, or by the private sector. The FHWA will publish a final
analysis, including its response to public comments, when it publishes
a final rule. In addition, the definition of ``Federal Mandate'' in the
Unfunded Mandates Reform Act excludes financial assistance of the type
in which State, local, or tribal governments have authority to adjust
their participation in the program in accordance with changes made in
the program by the Federal Government. The Federal-aid highway program
permits this type of flexibility.
Executive Order 13132 (Federalism Assessment)
The FHWA has analyzed this NPRM in accordance with the principles
and criteria contained in Executive Order 13132. 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 action would not preempt any State
law or State regulation or affect the States' ability to discharge
traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to this program. This Executive Order applies because State and local
governments would be directly affected by the proposed regulation,
which is a condition on Federal highway funding. Local entities should
refer to the Catalog of Federal Domestic Assistance Program Number
20.205, Highway Planning and Construction, for further information.
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
the proposed rule does not contain collection of information
requirements for the purposes of the PRA.
National Environmental Policy Act
The FHWA has analyzed this proposed rule for the purposes of the
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and
has determined that this action would not have any effect on the
quality of the human and natural environment because it only would make
technical changes and incorporate by reference the latest versions of
design standards and standard specifications previously adopted and
incorporated by reference under 23 CFR part 625 and would remove the
corresponding outdated or superseded versions of these standards and
specifications. The proposed rule qualifies as a categorical exclusion
to NEPA under 23 CFR 771.117(c)(20).
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed rule 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. This proposed rule would
not impose any direct compliance requirements on Indian Tribal
governments nor would it have any economic or other impacts on the
viability of Indian Tribes. Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this proposed rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution or Use. The FHWA has determined that this proposed
action is not a significant energy action under the Executive Order and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required.
[[Page 31331]]
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would effect a taking of private property or otherwise
have taking implications under Executive Order 12630.
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 proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. The FHWA certifies that this proposed action would not
cause an environmental risk to health or safety that may
disproportionately affect children.
Executive Order 12898 (Environmental Justice)
The Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations. The FHWA has
determined that this rule does not raise any environmental justice
issues.
Regulation Identifier Number
A 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 number 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 625
Design standards, Grant programs--transportation, Highways and
roads, Incorporation by reference.
Issued on: May 21, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
In consideration of the foregoing, the FHWA proposes to revise 23
CFR part 625 as follows:
PART 625--DESIGN STANDARDS FOR HIGHWAYS
0
1. The authority citation for part 625 continues to read as follows:
Authority: 23 U.S.C. 109, 215, and 402; Sec. 1073 of Pub. L.
102-240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n).
0
2. In Sec. 625.4, revise paragraphs (a), (b) and (d) to read as
follows:
Sec. 625.4 Standards, policies, and standard specifications.
(a) Roadway and appurtenances. (1) A Policy on Geometric Design of
Highways and Streets, AASHTO 2011.
(2) A Policy on Design Standards Interstate System, AASHTO, January
2005.
(3) The geometric design standards for resurfacing, restoration,
and rehabilitation (RRR) projects on NHS highways other than freeways
shall be the procedures and the design or design criteria established
for individual projects, groups of projects, or all non-freeway RRR
projects in a State, and as approved by the FHWA. The other geometric
design standards in this section do not apply to RRR projects on NHS
highways other than freeways, except as adopted on an individual State
basis. The RRR design standards shall reflect the consideration of the
traffic, safety, economic, physical, community, and environmental needs
of the projects.
(4) Location and Hydraulic Design of Encroachments on Flood Plains,
refer to 23 CFR part 650, subpart A.
(5) Procedures for Abatement of Highway Traffic Noise and
Construction Noise, refer to 23 CFR part 772.
(6) Accommodation of Utilities, refer to 23 CFR part 645, subpart
B.
(7) Pavement Design, refer to 23 CFR part 626.
(b) Bridges and structures. (1) For existing bridges originally
designed to any edition of the AASHTO Standard Specifications for
Highway Bridges, modifications may be designed to the Standard
Specifications for Highway Bridges, 17th Edition, AASHTO 2002, or to
the standards and specifications that are listed in Sec. 625.4(b).
[See Sec. 625.4(d)(1)]
(2) AASHTO LRFD Bridge Construction Specifications, 3rd Edition,
with 2010, 2011, 2012, and 2014 Interim Revisions, AASHTO. [See Sec.
625.4(d)(1)]
(3) AASHTO LRFD Bridge Design Specifications, 7th Edition, AASHTO
2014. [See Sec. 625.4(d)(1)]
(4) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd
Edition, including 2008, 2010, 2011, 2012, 2014, and 2015 Interim
Revisions, AASHTO 2007. [See Sec. 625.4(d)(1)]
(5) AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition,
with 2011 and 2012 Interim Revisions, AASHTO 2011. [See Sec.
625.4(d)(1)]
(6) D1.4/D1.4M: 2011Structural Welding Code-Reinforcing Steel,
American Welding Society, 2011. [See Sec. 625.4(d)(2)]
(7) Standard Specifications for Structural Supports for Highway
Signs, Luminaires and Traffic Signals, 6th Edition, AASHTO 2013. [See
Sec. 625.4(d)(1)]
(8) Navigational Clearances for Bridges, refer to 23 CFR part 650,
subpart H.
* * * * *
(d) Documents incorporated by reference. The Director of the
Federal Register approves the incorporation by reference of the
documents listed in this section in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. The documents listed in Sec. 625.4 are incorporated by
reference and available for inspection at the U.S. Department of
Transportation's National Transportation Library at 1200 New Jersey
Avenue SE., Washington, DC 20590; (800) 853-1351. The documents also
are available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies
of these documents may be obtained from the following organizations:
(1) American Association of State Highway and Transportation
Officials (AASHTO), Suite 249, 444 North Capitol Street, NW.,
Washington, DC 20001; www.transportation.org; or (202) 624-5800.
(i) A Policy on Geometric Design of Highways and Streets, AASHTO
2011.
(ii) A Policy on Design Standards Interstate System, AASHTO,
January 2005.
(iii) Standard Specifications for Highway Bridges, 17th Edition,
AASHTO 2002.
(iv) AASHTO LRFD Bridge Construction Specifications, 3rd Edition,
with 2010, 2011, 2012, and 2014 Interim Revisions.
[[Page 31332]]
(v) AASHTO LRFD Bridge Design Specifications, 7th Edition, AASHTO
2014.
(vi) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd
Edition, including 2008, 2010, 2011, 2012, 2014, and 2015 Interim
Revisions, AASHTO 2007.
(vii) AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition,
with 2011 and 2012 Interim Revisions, AASHTO 2011.
(viii) Standard Specifications for Structural Supports for Highway
Signs, Luminaires and Traffic Signals, 6th Edition, AASHTO 2013.
(2) American Welding Society (AWS), 8669 NW 36 Street, # 130 Miami,
FL 33166-6672; www.aws.org; or (800) 443-9353 or (305) 443-9353.
(i) D1.4/D1.4M: 2011 Structural Welding Code--Reinforcing Steel,
American Welding Society, 2011.
(ii) [Reserved]
[FR Doc. 2015-13097 Filed 6-1-15; 8:45 am]
BILLING CODE 4910-22-P
