Design Standards for Highways, 54876-54881 [2018-23821]
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Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Rules and Regulations
required to mitigate these risks in Table
1.
TABLE 1—MEPROBAMATE TEST SYSTEM RISKS AND MITIGATION MEASURES
Identified risks
Mitigation measures
Clinical action based on incorrect test results (false positive results,
false negative results) may lead to inappropriate clinical decision
making.
Incorrect understanding of the device and test system and results may
lead to inappropriate clinical decision making.
FDA has determined that special
controls, in combination with the
general controls, address these risks to
health and provide reasonable assurance
of safety and effectiveness. For a device
to fall within this classification, and
thus avoid automatic classification in
class III, it would have to comply with
the special controls named in this final
order. The necessary special controls
appear in the regulation codified by this
order. This device is subject to
premarket notification requirements
under section 510(k) of the FD&C Act.
At the time of classification,
meprobamate test systems are for
prescription use only.
III. Analysis of Environmental Impact
We have determined under 21 CFR
25.34(b) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
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IV. Paperwork Reduction Act of 1995
This final order establishes special
controls that refer to previously
approved collections of information
found in other FDA regulations and
guidance. These collections of
information are subject to review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520). The
collections of information in the
guidance document ‘‘De Novo
Classification Process (Evaluation of
Automatic Class III Designation)’’ have
been approved under OMB control
number 0910–0844; the collections of
information in 21 CFR part 814,
subparts A through E, regarding
premarket approval, have been
approved under OMB control number
0910–0231; the collections of
information in part 807, subpart E,
regarding premarket notification
submissions, have been approved under
OMB control number 0910–0120; the
collections of information in 21 CFR
part 820, regarding quality system
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Special controls (1) (21 CFR 862.3590(b)(1)),
862.3590(b)(2)), and (3) (21 CFR 862.3590(b)(3)).
List of Subjects in 21 CFR Part 862
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 862 is
amended as follows:
PART 862—CLINICAL CHEMISTRY
AND CLINICAL TOXICOLOGY
DEVICES
1. The authority citation for part 862
continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Add § 862.3590 to subpart D to read
as follows:
■
Meprobamate test system.
(a) Identification. A meprobamate test
system is a device intended to measure
meprobamate in human specimens.
Measurements obtained by this device
are used to detect the presence of
meprobamate to diagnose the use or
overdose of meprobamate or
structurally-related drug compounds
(e.g., prodrugs).
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) Design verification and validation
must include:
(i) Robust data demonstrating the
accuracy of the device when used in the
intended specimen matrix. The
accuracy data must include a
comparison between the meprobamate
test system results and meprobamate
results that are measured on an FDAaccepted measurement method that is
specific and accurate (e.g., gas or liquid
chromatography combined with tandem
mass spectrometry).
(ii) Robust analytical data
demonstrating the performance
characteristics of the device, including,
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(21
CFR
Special controls (2) (21 CFR 862.3590(b)(2)) and (3) (21 CFR
862.3590(b)(3)).
regulations, have been approved under
OMB control number 0910–0073; and
the collections of information in 21 CFR
parts 801 and 809, regarding labeling,
have been approved under OMB control
number 0910–0485.
§ 862.3590
(2)
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but not limited to, specificity, crossreactivity to relevant endogenous and
exogenous substances, and the
reproducibility of analyte detection
around the cutoff(s).
(2) The intended use of the device
must not include an indication for use
in monitoring therapeutic drug
concentrations or informing dosing
adjustment decisions.
(3) Your 21 CFR 809.10 labeling must
include the following:
(i) If indicated for use as a screening
test to identify preliminary results for
further confirmation, the intended use
must state ‘‘This assay provides only a
preliminary analytical result. A more
specific alternative chemical
confirmatory method (e.g., gas or liquid
chromatography and mass spectrometry)
must be used to obtain a confirmed
analytical result. Clinical consideration
and professional judgment must be
exercised with any drug of abuse test,
particularly when the preliminary test
result is positive.’’
(ii) A limiting statement that reads as
follows: ‘‘This test should not be used
to monitor therapeutic drug
concentrations or to inform dosing
adjustment decisions.’’
Dated: October 29, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–23911 Filed 10–31–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[Docket No. FHWA–2017–0001]
RIN 2125–AF72
Design Standards for Highways
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule updates the
regulations governing design standards
SUMMARY:
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and standard specifications that apply
to new construction, reconstruction,
resurfacing (except for maintenance
resurfacing), restoration, and
rehabilitation projects on the National
Highway System (NHS). In issuing this
final rule, FHWA incorporates by
reference the latest versions of design
standards and standard specifications
previously adopted and incorporated by
reference, and removes the
corresponding outdated or superseded
versions of these standards and
specifications. Use of the updated
standards is required for all NHS
projects authorized to proceed with
design activities on or after the effective
date of the final rule.
DATES: This final rule is effective
December 3, 2018. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of December
3, 2018. The incorporation by reference
of certain other publications listed in
the rule was approved by the Director of
the Federal Register as of November 12,
2015.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Hilton, Office of Program
Administration (HIPA–20), (512) 536–
5970, or via email at Elizabeth.Hilton@
dot.gov, or Jomar Maldonado, Office of
the Chief Counsel (HCC–30), (202) 366–
1373, or via email at Jomar.Maldonado@
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, the notice of
proposed rulemaking (NPRM), and all
comments received may be viewed
online under the docket number noted
above through the Federal eRulemaking
portal at: https://www.regulations.gov.
Electronic submission and retrieval help
and guidelines are available on the
website. Please follow the online
instructions. An electronic copy of this
document may also be downloaded
from the Office of the Federal Register’s
website at: https://www.archives.gov/
federal-register and the Government
Publishing Office’s website at: https://
www.gpo.gov/fdsys.
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Background
This rulemaking updates existing
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
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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.
The FHWA formally adopts them for
NHS projects.
The revisions include referencing the
2016 edition of the AASHTO A Policy
on Design Standards—Interstate
System; the 2017 edition of
Transportation Materials, parts 1–3; the
2017 edition of the AASHTO Load and
Resistance Factor Design (LRFD) Bridge
Construction Specifications; the 2015
edition of the AASHTO/AWS D1.5M/
D1.5:2015 Bridge Welding Code (as
reprinted in 2016), with 2018 Interim
Revisions; and the 2017 edition of the
AASHTO LRFD Bridge Design
Specifications. The revisions will also
adopt two alternative specifications: the
2013 edition of AASHTO’s Standard
Specifications for Structural Supports of
Highway Signs, Luminaires, and Traffic
Signals (including Errata September
2013), with 2015 Interim Revisions, as
well as the 2015 edition of AASHTO’s
LRFD Specifications for Structural
Supports for Highway Signs,
Luminaires, and Traffic Signals, with
2017 and 2018 Interim Revisions.
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.
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
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project and user needs and the impacts
to the community and natural and
human environment. The FHWA also
encourages State departments of
transportation (State DOT) 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 this flexibility should
allow for 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 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.
Discussion Under 1 CFR Part 51
The documents that FHWA is
incorporating 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 and are currently in
use by the transportation industry. The
documents are also available for review
at DOT’s National Transportation
Library 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
Changes to 23 CFR Part 625
The FHWA is removing the
introductory text of § 625.4. It is
duplicative of information contained in
paragraph (d) and does not meet Office
of the Federal Register formatting
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requirements for incorporation by
reference.
The FHWA is revising § 625.4(a)(2) to
replace the reference to the January
2005 edition of A Policy on Design
Standards—Interstate System with the
May 2016 edition. This Policy is a
comprehensive manual to assist State
DOTs and local agencies in
administrative, planning, and
educational efforts pertaining to design
formulation for projects on the Dwight
D. Eisenhower National System of
Interstate and Defense Highways
(Interstate). The AASHTO May 2016
edition incorporates the latest research
and current industry practices, and is
applicable to new construction and
reconstruction projects on the Interstate
except in Alaska and Puerto Rico (23
U.S.C. 103(c)(1)(B)(ii)). Resurfacing,
restoration, and rehabilitation projects
must meet the Interstate standards that
were in place at the time of original
construction or inclusion into the
Interstate System. The updated guide
clarifies ambiguities in the prior edition
and provides additional flexibility
regarding the design traffic volumes to
be accommodated. It increases the
median width in rural areas to reduce
cross-median crashes and adds
recommendations about extended
access control and multimodal
considerations at interchanges. Basic
criteria for other geometric design
standards remain essentially the same.
The Agency considers the changes made
in the 2016 version minor in nature.
With respect to the design standards
and standards specifications for bridges
and structures under § 625.4(b), FHWA
is adopting 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-theknowledge 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 FHWA is revising § 625.4(b)(2) to
incorporate by reference the current
version of the revised AASHTO bridge
construction specifications entitled
LRFD Bridge Construction
Specifications, 4th Edition. These
specifications, which are intended for
use in the construction of bridges,
employ the LRFD methodology and are
designed to be used in conjunction with
the below referenced AASHTO LRFD
Bridge Design Specifications. Changes
in the 4th Edition reflect the latest
research and developments, and
specifications promulgated by
AASHTO.
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The FHWA is revising § 625.4(b)(3) to
incorporate by reference the current
version of the revised AASHTO bridge
design specifications entitled AASHTO
LRFD Bridge Design Specifications, 8th
Edition. The AASHTO LRFD Bridge
Design Specifications are intended for
use in the design, evaluation, and
rehabilitation of bridges, and are
mandated by the FHWA for use on all
bridges using Federal funding. These
Specifications employ the LRFD
methodology using factors developing
from current statistical knowledge of
loads and structural performance.
Changes in the 8th Edition reflect the
latest research, developments, and
specifications promulgated by
AASHTO.
The FHWA is making a minor
editorial correction to the reference to
the LRFD Movable Highway Bridge
Design Specifications referenced in
paragraph § 625.4(b)(4) to change
‘‘including’’ to ‘‘with’’ when citing the
Interim Revisions, but is not changing
the material that is already
incorporated.
The FHWA is revising § 625.4(b)(5) to
incorporate by reference the current
version of the revised AASHTO bridge
welding code entitled AASHTO/AWS
D1.5M/D1.5:2015–AMD1 Bridge
Welding Code; AASHTO, as corrected
and reprinted in 2016, and including
2018 Interim Revisions (The 2015
publication was the 7th edition). This
document covers AASHTO welding
requirements for welded highway
bridges made from carbon and low-alloy
construction steels. Chapters cover
design of welded connections,
workmanship, technique, procedure and
performance qualification, inspection,
and stud welding. Changes in the 7th
Edition, including the 2018 Interim
Revisions, reflect the latest research,
developments, and specifications
promulgated by AASHTO and AWS.
The FHWA is revising § 625.4(b)(7) to
incorporate by reference two alternative
Specifications applicable to the
structural design of supports for
highway signs, luminaires, and traffic
signals. State DOTs must choose one of
these alternative Specifications to guide
the design, fabrication, and erection of
these types of supports. The first
alternative is the most current version of
the revised AASHTO structural support
specification entitled Standard
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, 6th Edition, AASHTO,
2013, with 2015 Interim Revisions.
Changes in the 2015 Interim Revisions
reflect more recent research,
developments, and specifications
promulgated by AASHTO than the prior
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adopted version. The second alternative
Specification is AASHTO’s LRFD
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, 1st Edition, AASHTO,
2015, with 2017 and 2018 Interim
Revisions. While the LRFD specification
is a more comprehensive, improved
specification that reflects the latest
research and knowledge, the agency has
determined that design pursuant to
either Specification provides for safe
and reliable structural supports for
highways signs, luminaires, and traffic
signals.
The FHWA is revising § 625.4(c)(2) to
incorporate by reference the current
version of the revised AASHTO
sampling and testing specification
entitled 2017 Edition of Transportation
Materials AASHTO, 2017. It contains
specifications, test methods, and
provisional standards commonly used
in the construction of highway facilities.
This edition of the standard
specifications will replace those
adopted by AASHTO in 1995. Changes
in the 2016 standard specifications
reflect current materials and testing
technologies and practices.
The FHWA is revising § 625.4(c)(3) to
update the title and cross-reference of
the referenced regulation to ‘‘Quality
Assurance Procedures for
Construction.’’
Use of the updated standards will be
required for all NHS projects authorized
to proceed with design activities on or
after the effective date of the final rule,
subject to the exceptions in 23 CFR
625.3(f).
Summary Discussion of Comments
Received in Response to the NPRM
On May 11, 2018, FHWA published
an NPRM in the Federal Register at 83
FR 21972 soliciting public comments on
its proposal to update the existing
regulations. The following presents an
overview of the comments received to
the NPRM. The docket contained 4 total
comments. The FHWA appreciates the
feedback the commenters provided,
carefully reviewed and analyzed all the
comments that were submitted, and
made revisions to the NPRM to
incorporate suggestions where
necessary.
An individual commented that the
Standard Specifications for Structural
Supports for Highway Signs,
Luminaires, and Traffic Signals, 6th
Edition, AASHTO, 2013 with 2015
Interim Revisions had been superseded
by the LRFD Specifications for
Structural Supports for Highway Signs,
Luminaires, and Traffic Signals, 1st
Edition, AASHTO, 2015, with 2017 and
2018 Interim Revisions.
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The LRFD Specification does not
supersede the Standard Specification.
At this time, many State DOTs are using
the Standard Specification and are not
ready to fully implement the LRFD
Specification. Because the LRFD
specification is a more comprehensive,
improved specification that reflects the
latest research and knowledge, FHWA
plans to work with AASHTO to develop
a timeline to phase out use of the
Standard Specification in the future.
However, the agency has determined
that design pursuant to either
Specification provides for safe and
reliable structural supports for highways
signs, luminaires, and traffic signals.1
Therefore, in the interim, FHWA is
adopting the updated Standard
Specification and the LRFD
Specification as alternative
Specifications applicable to the
structural design of supports for
highway signs, luminaires, and traffic
signals. States DOTs must choose one of
these alternative Specifications to guide
the design, fabrication, and erection of
these types of supports. Accordingly,
FHWA has revised § 625.4(b)(7) to
accommodate State DOTs that are ready
to begin transitioning to the LRFD
Specification.
That individual also commented that
2018 Interim Revisions had been
released for the 2015 Bridge Welding
Code, 7th Edition.
These Interim Revisions were not
available when the NPRM was
developed, however, FHWA has
decided to incorporate the 2018 Interim
Revisions by reference in this final rule
because they reflect the latest research,
developments, and specifications
promulgated by AASHTO and AWS.
An individual commenter suggested
that rather than adopt specific editions
of standards, FHWA should adopt ‘‘the
most current version at the time of
contract advertisement,’’ to eliminate
the need to continuously revise 23 CFR
part 625.
Procedures and requirements for
incorporation by reference are covered
in 1 CFR part 51, which requires that
the language incorporating a publication
by reference be precise and complete
and must clearly state the title, date,
edition, author, publisher and
identification number of the
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1 This
determination is supported by National
Cooperative Highway Research Program Report 796:
Development and Calibration of AASHTO LRFD
Specifications for Structural Supports for Highway
Signs, Luminaires, and Traffic Signals, which found
that ‘‘[t]he [LRFD Specifications] were calibrated
using the AASHTO [Standard Specifications]
allowable stress design method as a baseline,’’
which means that both the Standard Specifications
and the LRFD Specifications ensure a consistent
level of safety.
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publication. Therefore, no change was
made to the final rule.
An individual commented that the
updated standards would not allow
certain products and therefore provided
for a lower margin of safety.
The final rule adopts current versions
of industry publications and does not
pertain to specific merchandise or
products. Use of these current
publications will improve safety
because the newer versions incorporate
updated research within each specific
area of concern. Therefore, no change
was made to the final rule.
An individual commented that
existing practice of allowing for design
exceptions undermined existing
regulations.
Design exceptions, which have been
allowed by the regulations for decades,
are essential to developing projects that
are congruent with the natural
surroundings, community context, and
the purpose and need of the project.
Therefore, no change was made to the
final rule.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory
Planning and Review), Executive Order
13563 (Improving Regulation and
Regulatory Review), Executive Order
13771 (Reducing Regulation and
Controlling Regulatory Costs), and
USDOT Regulatory Policies and
Procedures
The FHWA has determined that this
action does not constitute a significant
regulatory action within the meaning of
Executive Order (E.O.) 12866 or within
the meaning of DOT regulatory policies
and procedures. The amendments
update several industry design
standards and standard specifications
adopted and incorporated by reference
under 23 CFR part 625 and removes the
corresponding outdated or superseded
versions of these standards and
specifications. In addition, this action
complies with the principles of E.O.
13563. After evaluating the costs and
benefits of these amendments, FHWA
anticipates that the economic impact of
this rulemaking is minimal. These
incremental 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. The FHWA anticipates that
the economic impact of this rulemaking
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will be minimal; therefore, a full
regulatory evaluation is not necessary.
Finally, this rule is not an E.O. 13771
regulatory action because it is not
significant under E.O. 12866.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354; 5 U.S.C.
60l–612), FHWA has evaluated the
effects of this final rule on small
entities, such as local governments and
businesses. Based on the evaluation,
FHWA anticipates that this action does
not have a significant economic impact
on a substantial number of small
entities. The amendments 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 is negligible. Therefore, I certify
that the action will 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
rule does 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 in this final rule will not
result in the expenditure by State, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$155 million or more in any 1 year
(when adjusted for inflation) in 2014
dollars for either State, local, and Tribal
governments in the aggregate, or by the
private sector. 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 final
rule in accordance with the principles
and criteria contained in E.O. 13132.
The FHWA has determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a federalism assessment.
The FHWA has also determined that
this action does not preempt any State
law or State regulation or affect the
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Executive Order 13211 (Energy Effects)
States’ ability to discharge traditional
State governmental functions.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities apply to this program. This
E.O. applies because State and local
governments are directly affected by this
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 this final rule does
not contain collection of information
requirements for the purposes of the
PRA.
National Environmental Policy Act
The FHWA has analyzed this final
rule for the purposes of the National
Environmental Policy Act (NEPA) (42
U.S.C. 4321, et seq.) and has determined
that this action does not have any effect
on the quality of the human and natural
environment because it only makes
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
removes the corresponding outdated or
superseded versions of these standards
and specifications. The final rule
qualifies as a categorical exclusion to
NEPA under 23 CFR 771.117(c)(20).
amozie on DSK3GDR082PROD with RULES
Executive Order 13175 (Tribal
Consultation)
The FHWA has analyzed this final
rule under EO13175, and believes that
it will not have substantial direct effects
on one or more Indian Tribes, does not
impose substantial direct compliance
costs on Indian Tribal governments, and
does not preempt Tribal law. This rule
does not impose any direct compliance
requirements on Indian Tribal
governments nor does it have any
economic or other impacts on the
viability of Indian Tribes. Therefore, a
Tribal summary impact statement is not
required.
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20:21 Oct 31, 2018
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The FHWA has analyzed this final
rule under E.O. 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use. The FHWA has
determined that this action is not a
significant energy action under the E.O.
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.
Executive Order 12630 (Taking of
Private Property)
The FHWA has analyzed this rule
under E.O. 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights. The FHWA does not anticipate
that this action will effect a taking of
private property or otherwise have
taking implications under E.O. 12630.
Executive Order 12988 (Civil Justice
Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 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 E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. The FHWA
certifies that this action will not cause
an environmental risk to health or safety
that may disproportionately affect
children.
Regulation Identifier Number
A Regulation Identifier 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 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: October 24, 2018.
Brandye L. Hendrickson,
Deputy Administrator, Federal Highway
Administration.
In consideration of the foregoing,
FHWA amends 23 CFR part 625 as
follows:
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PART 625—DESIGN STANDARDS FOR
HIGHWAYS
1. The authority citation for part 625
continues to read as follows:
■
Authority: 23 U.S.C. 109, 315, and 402;
Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914,
2012; 49 CFR 1.48(b) and (n).
2. Amend § 625.4 by:
a. Removing the introductory text;
b. Revising paragraphs (a)(2), (b)(2)
through (5), (7), (c)(2) and (3), the
introductory text of paragraph (d), and
paragraphs (d)(1)(ii), (iv), (v), (vii), and
(viii);
■ c. Adding paragraphs (d)(1)(ix) and
(x); and
■ d. Revising the introductory text of
paragraph (d)(2).
The revisions and additions read as
follows:
■
■
■
§ 625.4 Standards, policies, and standard
specifications.
(a) * * *
(2) A Policy on Design Standards—
Interstate System, AASHTO (paragraph
(d) of this section).
*
*
*
*
*
(b) * * *
(2) AASHTO LRFD Bridge
Construction Specifications (paragraph
(d) of this section).
(3) AASHTO LRFD Bridge Design
Specifications (paragraph (d) of this
section).
(4) AASHTO LRFD Movable Highway
Bridge Design Specifications (paragraph
(d) of this section).
(5) AASHTO/AWS D1.5M/D1.5
Bridge Welding Code (paragraph (d) of
this section).
*
*
*
*
*
(7) Standard Specifications for
Structural Supports for Highway Signs,
Luminaires, and Traffic Signals,
(paragraph (d) of this section); or LRFD
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals (paragraph (d) of this
section).
*
*
*
*
*
(c) * * *
(2) Transportation Materials,
AASHTO (paragraph (d) of this section).
(3) Quality Assurance Procedures for
Construction, refer to 23 CFR part 637,
subpart B.
(d) Documents incorporated by
reference. The standards required in this
section are incorporated by reference
into this section with the approval of
the Director of the Federal Register
under 5 U.S.C. 552(a) and 1 CFR part 51.
All approved material is available for
inspection at U.S. Department of
Transportation’s National
Transportation Library at 1200 New
E:\FR\FM\01NOR1.SGM
01NOR1
Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Rules and Regulations
Jersey Avenue SE, Washington, DC
20590; (800) 853–1351 and is available
from the sources indicated below. It is
also 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 www.archives.gov/federal-register/
cfr/ibr-locations.html.
(1) * * *
(ii) A Policy on Design Standards—
Interstate System, May 2016.
*
*
*
*
*
(iv) AASHTO–LRFD Bridge
Construction Specifications, 4th
Edition, copyright 2017.
(v) AASHTO LRFD–8, LRFD Bridge
Design Specifications, 8th Edition, 2017.
*
*
*
*
*
(vii) AASHTO/AWS D1.5M/D1.5:
2015–AMD1, Bridge Welding Code,
Amendment: Second Printing December
12, 2016; with
(A) AASHTO BWC–7–I1–OL, 2018
Interim Revisions to AASHTO/AWS
D1.5M/D1.5: 2015 Bridge Welding Code,
7th Edition, copyright 2017.
(B) [Reserved]
(viii) AASHTO LTS–6, Standard
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, 6th Edition, copyright
2013, with:
(A) AASHTO LTS–6–I1, 2015 Interim
Revisions to Standard Specifications for
Structural Supports for Highway Signs,
Luminaires, and Traffic Signals,
copyright 2014.
(B) [Reserved]
(ix) AASHTO LRFDLTS–1, LRFD
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, 1st Edition, copyright
2015, with:
(A) AASHTO LRFDLTS–1–I1–OL,
2017 Interim Revisions to LRFD
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, copyright 2016, and
(B) AASHTO LRFDLTS–1–I2–OL,
2018 Interim Revisions to LRFD
Specifications for Structural Supports
for Highway Signs, Luminaires, and
Traffic Signals, copyright 2017.
(x) 2017 Edition of Transportation
Materials, Parts 1–3, copyright 2017.
(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.
*
*
*
*
*
[FR Doc. 2018–23821 Filed 10–31–18; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO19
Schedule for Rating Disabilities: The
Hematologic and Lymphatic Systems
Correction
In rule 2018–23517 beginning on page
54250 in the issue of Monday, October
29, 2018, make the following correction:
§ 4.117
[Corrected]
In § 4.117, On page 54255, in the
table, entry 7703 should read as follows:
■
7703 Leukemia (except for chronic myelogenous leukemia):
When there is active disease or during a treatment phase .........................................................................................................
Otherwise rate residuals under the appropriate diagnostic code(s).
Chronic lymphocytic leukemia or monoclonal B-cell lymphocytosis (MBL), asymptomatic, Rai Stage 0 ...................................
Note (1): A 100 percent evaluation shall continue beyond the cessation of any surgical therapy, radiation therapy, antineoplastic
chemotherapy, or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability
rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. If there has been no recurrence, rate on residuals.
Note (2): Evaluate symptomatic chronic lymphocytic leukemia that is at Rai Stage I, II, III, or IV the same as any other leukemia evaluated under this diagnostic code.
Note (3): Evaluate residuals of leukemia or leukemia therapy under the appropriate diagnostic code(s). Myeloproliferative Disorders: (Diagnostic Codes 7704, 7718, 7719).
[FR Doc. C1–2018–23517 Filed 10–31–18; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
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RIN 0648–XG477
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Greater Than or Equal
to 60 Feet Length Overall Using Pot
Gear in the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
VerDate Sep<11>2014
20:21 Oct 31, 2018
Jkt 247001
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3
meters (m)) length overall (LOA) using
pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to prevent exceeding
the 2018 Pacific cod total allowable
catch allocated to catcher vessels greater
than or equal to 60 feet (18.3m) LOA
using pot gear in the BSAI.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 30, 2018,
through 1200 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
SUMMARY:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
54881
100
0
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2018 Pacific cod total allowable
catch (TAC) allocated to catcher vessels
greater than or equal to 60 feet (18.3m)
LOA using pot gear in the BSAI is
15,235 metric tons (mt) as established
by the final 2018 and 2019 harvest
specifications for groundfish in the
BSAI (89 FR 8365, February 27, 2018).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2018 Pacific cod
TAC allocated as a directed fishing
allowance to catcher vessels greater than
or equal to 60 feet (18.3m) LOA using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by catcher vessels greater than or
E:\FR\FM\01NOR1.SGM
01NOR1
]]>Agencies
[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Rules and Regulations]
[Pages 54876-54881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23821]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[Docket No. FHWA-2017-0001]
RIN 2125-AF72
Design Standards for Highways
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule updates the regulations governing design
standards
[[Page 54877]]
and standard specifications that apply to new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, and rehabilitation projects on the National Highway System
(NHS). In issuing this final rule, FHWA incorporates by reference the
latest versions of design standards and standard specifications
previously adopted and incorporated by reference, and removes the
corresponding outdated or superseded versions of these standards and
specifications. Use of the updated standards is required for all NHS
projects authorized to proceed with design activities on or after the
effective date of the final rule.
DATES: This final rule is effective December 3, 2018. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of December 3, 2018. The
incorporation by reference of certain other publications listed in the
rule was approved by the Director of the Federal Register as of
November 12, 2015.
FOR FURTHER INFORMATION CONTACT: Elizabeth Hilton, Office of Program
Administration (HIPA-20), (512) 536-5970, or via email at
[email protected], or Jomar Maldonado, Office of the Chief
Counsel (HCC-30), (202) 366-1373, or via email at
[email protected]. 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, the notice of proposed rulemaking (NPRM), and all
comments received may be viewed online under the docket number noted
above through the Federal eRulemaking portal at: https://www.regulations.gov. Electronic submission and retrieval help and
guidelines are available on the website. Please follow the online
instructions. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at: https://www.archives.gov/federal-register and the Government Publishing
Office's website at: https://www.gpo.gov/fdsys.
Background
This rulemaking updates existing 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. The FHWA formally adopts them for
NHS projects.
The revisions include referencing the 2016 edition of the AASHTO A
Policy on Design Standards--Interstate System; the 2017 edition of
Transportation Materials, parts 1-3; the 2017 edition of the AASHTO
Load and Resistance Factor Design (LRFD) Bridge Construction
Specifications; the 2015 edition of the AASHTO/AWS D1.5M/D1.5:2015
Bridge Welding Code (as reprinted in 2016), with 2018 Interim
Revisions; and the 2017 edition of the AASHTO LRFD Bridge Design
Specifications. The revisions will also adopt two alternative
specifications: the 2013 edition of AASHTO's Standard Specifications
for Structural Supports of Highway Signs, Luminaires, and Traffic
Signals (including Errata September 2013), with 2015 Interim Revisions,
as well as the 2015 edition of AASHTO's LRFD Specifications for
Structural Supports for Highway Signs, Luminaires, and Traffic Signals,
with 2017 and 2018 Interim Revisions.
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.
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 also encourages State
departments of transportation (State DOT) 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 this flexibility should
allow for 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 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.
Discussion Under 1 CFR Part 51
The documents that FHWA is incorporating 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 and are currently in use by the
transportation industry. The documents are also available for review at
DOT's National Transportation Library 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 Changes to 23 CFR Part 625
The FHWA is removing the introductory text of Sec. 625.4. It is
duplicative of information contained in paragraph (d) and does not meet
Office of the Federal Register formatting
[[Page 54878]]
requirements for incorporation by reference.
The FHWA is revising Sec. 625.4(a)(2) to replace the reference to
the January 2005 edition of A Policy on Design Standards--Interstate
System with the May 2016 edition. This Policy is a comprehensive manual
to assist State DOTs and local agencies in administrative, planning,
and educational efforts pertaining to design formulation for projects
on the Dwight D. Eisenhower National System of Interstate and Defense
Highways (Interstate). The AASHTO May 2016 edition incorporates the
latest research and current industry practices, and is applicable to
new construction and reconstruction projects on the Interstate except
in Alaska and Puerto Rico (23 U.S.C. 103(c)(1)(B)(ii)). Resurfacing,
restoration, and rehabilitation projects must meet the Interstate
standards that were in place at the time of original construction or
inclusion into the Interstate System. The updated guide clarifies
ambiguities in the prior edition and provides additional flexibility
regarding the design traffic volumes to be accommodated. It increases
the median width in rural areas to reduce cross-median crashes and adds
recommendations about extended access control and multimodal
considerations at interchanges. Basic criteria for other geometric
design standards remain essentially the same. The Agency considers the
changes made in the 2016 version minor in nature.
With respect to the design standards and standards specifications
for bridges and structures under Sec. 625.4(b), FHWA is adopting 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 FHWA is revising Sec. 625.4(b)(2) to incorporate by reference
the current version of the revised AASHTO bridge construction
specifications entitled LRFD Bridge Construction Specifications, 4th
Edition. These specifications, which are intended for use in the
construction of bridges, employ the LRFD methodology and are designed
to be used in conjunction with the below referenced AASHTO LRFD Bridge
Design Specifications. Changes in the 4th Edition reflect the latest
research and developments, and specifications promulgated by AASHTO.
The FHWA is revising Sec. 625.4(b)(3) to incorporate by reference
the current version of the revised AASHTO bridge design specifications
entitled AASHTO LRFD Bridge Design Specifications, 8th Edition. The
AASHTO LRFD Bridge Design Specifications are intended for use in the
design, evaluation, and rehabilitation of bridges, and are mandated by
the FHWA for use on all bridges using Federal funding. These
Specifications employ the LRFD methodology using factors developing
from current statistical knowledge of loads and structural performance.
Changes in the 8th Edition reflect the latest research, developments,
and specifications promulgated by AASHTO.
The FHWA is making a minor editorial correction to the reference to
the LRFD Movable Highway Bridge Design Specifications referenced in
paragraph Sec. 625.4(b)(4) to change ``including'' to ``with'' when
citing the Interim Revisions, but is not changing the material that is
already incorporated.
The FHWA is revising Sec. 625.4(b)(5) to incorporate by reference
the current version of the revised AASHTO bridge welding code entitled
AASHTO/AWS D1.5M/D1.5:2015-AMD1 Bridge Welding Code; AASHTO, as
corrected and reprinted in 2016, and including 2018 Interim Revisions
(The 2015 publication was the 7th edition). This document covers AASHTO
welding requirements for welded highway bridges made from carbon and
low-alloy construction steels. Chapters cover design of welded
connections, workmanship, technique, procedure and performance
qualification, inspection, and stud welding. Changes in the 7th
Edition, including the 2018 Interim Revisions, reflect the latest
research, developments, and specifications promulgated by AASHTO and
AWS.
The FHWA is revising Sec. 625.4(b)(7) to incorporate by reference
two alternative Specifications applicable to the structural design of
supports for highway signs, luminaires, and traffic signals. State DOTs
must choose one of these alternative Specifications to guide the
design, fabrication, and erection of these types of supports. The first
alternative is the most current version of the revised AASHTO
structural support specification entitled Standard Specifications for
Structural Supports for Highway Signs, Luminaires, and Traffic Signals,
6th Edition, AASHTO, 2013, with 2015 Interim Revisions. Changes in the
2015 Interim Revisions reflect more recent research, developments, and
specifications promulgated by AASHTO than the prior adopted version.
The second alternative Specification is AASHTO's LRFD Specifications
for Structural Supports for Highway Signs, Luminaires, and Traffic
Signals, 1st Edition, AASHTO, 2015, with 2017 and 2018 Interim
Revisions. While the LRFD specification is a more comprehensive,
improved specification that reflects the latest research and knowledge,
the agency has determined that design pursuant to either Specification
provides for safe and reliable structural supports for highways signs,
luminaires, and traffic signals.
The FHWA is revising Sec. 625.4(c)(2) to incorporate by reference
the current version of the revised AASHTO sampling and testing
specification entitled 2017 Edition of Transportation Materials AASHTO,
2017. It contains specifications, test methods, and provisional
standards commonly used in the construction of highway facilities. This
edition of the standard specifications will replace those adopted by
AASHTO in 1995. Changes in the 2016 standard specifications reflect
current materials and testing technologies and practices.
The FHWA is revising Sec. 625.4(c)(3) to update the title and
cross-reference of the referenced regulation to ``Quality Assurance
Procedures for Construction.''
Use of the updated standards will be required for all NHS projects
authorized to proceed with design activities on or after the effective
date of the final rule, subject to the exceptions in 23 CFR 625.3(f).
Summary Discussion of Comments Received in Response to the NPRM
On May 11, 2018, FHWA published an NPRM in the Federal Register at
83 FR 21972 soliciting public comments on its proposal to update the
existing regulations. The following presents an overview of the
comments received to the NPRM. The docket contained 4 total comments.
The FHWA appreciates the feedback the commenters provided, carefully
reviewed and analyzed all the comments that were submitted, and made
revisions to the NPRM to incorporate suggestions where necessary.
An individual commented that the Standard Specifications for
Structural Supports for Highway Signs, Luminaires, and Traffic Signals,
6th Edition, AASHTO, 2013 with 2015 Interim Revisions had been
superseded by the LRFD Specifications for Structural Supports for
Highway Signs, Luminaires, and Traffic Signals, 1st Edition, AASHTO,
2015, with 2017 and 2018 Interim Revisions.
[[Page 54879]]
The LRFD Specification does not supersede the Standard
Specification. At this time, many State DOTs are using the Standard
Specification and are not ready to fully implement the LRFD
Specification. Because the LRFD specification is a more comprehensive,
improved specification that reflects the latest research and knowledge,
FHWA plans to work with AASHTO to develop a timeline to phase out use
of the Standard Specification in the future. However, the agency has
determined that design pursuant to either Specification provides for
safe and reliable structural supports for highways signs, luminaires,
and traffic signals.\1\ Therefore, in the interim, FHWA is adopting the
updated Standard Specification and the LRFD Specification as
alternative Specifications applicable to the structural design of
supports for highway signs, luminaires, and traffic signals. States
DOTs must choose one of these alternative Specifications to guide the
design, fabrication, and erection of these types of supports.
Accordingly, FHWA has revised Sec. 625.4(b)(7) to accommodate State
DOTs that are ready to begin transitioning to the LRFD Specification.
---------------------------------------------------------------------------
\1\ This determination is supported by National Cooperative
Highway Research Program Report 796: Development and Calibration of
AASHTO LRFD Specifications for Structural Supports for Highway
Signs, Luminaires, and Traffic Signals, which found that ``[t]he
[LRFD Specifications] were calibrated using the AASHTO [Standard
Specifications] allowable stress design method as a baseline,''
which means that both the Standard Specifications and the LRFD
Specifications ensure a consistent level of safety.
---------------------------------------------------------------------------
That individual also commented that 2018 Interim Revisions had been
released for the 2015 Bridge Welding Code, 7th Edition.
These Interim Revisions were not available when the NPRM was
developed, however, FHWA has decided to incorporate the 2018 Interim
Revisions by reference in this final rule because they reflect the
latest research, developments, and specifications promulgated by AASHTO
and AWS.
An individual commenter suggested that rather than adopt specific
editions of standards, FHWA should adopt ``the most current version at
the time of contract advertisement,'' to eliminate the need to
continuously revise 23 CFR part 625.
Procedures and requirements for incorporation by reference are
covered in 1 CFR part 51, which requires that the language
incorporating a publication by reference be precise and complete and
must clearly state the title, date, edition, author, publisher and
identification number of the publication. Therefore, no change was made
to the final rule.
An individual commented that the updated standards would not allow
certain products and therefore provided for a lower margin of safety.
The final rule adopts current versions of industry publications and
does not pertain to specific merchandise or products. Use of these
current publications will improve safety because the newer versions
incorporate updated research within each specific area of concern.
Therefore, no change was made to the final rule.
An individual commented that existing practice of allowing for
design exceptions undermined existing regulations.
Design exceptions, which have been allowed by the regulations for
decades, are essential to developing projects that are congruent with
the natural surroundings, community context, and the purpose and need
of the project. Therefore, no change was made to the final rule.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), Executive Order
13771 (Reducing Regulation and Controlling Regulatory Costs), and USDOT
Regulatory Policies and Procedures
The FHWA has determined that this action does not constitute a
significant regulatory action within the meaning of Executive Order
(E.O.) 12866 or within the meaning of DOT regulatory policies and
procedures. The amendments update several industry design standards and
standard specifications adopted and incorporated by reference under 23
CFR part 625 and removes the corresponding outdated or superseded
versions of these standards and specifications. In addition, this
action complies with the principles of E.O. 13563. After evaluating the
costs and benefits of these amendments, FHWA anticipates that the
economic impact of this rulemaking is minimal. These incremental
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. The FHWA anticipates that the economic impact of this
rulemaking will be minimal; therefore, a full regulatory evaluation is
not necessary. Finally, this rule is not an E.O. 13771 regulatory
action because it is not significant under E.O. 12866.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354;
5 U.S.C. 60l-612), FHWA has evaluated the effects of this final rule on
small entities, such as local governments and businesses. Based on the
evaluation, FHWA anticipates that this action does not have a
significant economic impact on a substantial number of small entities.
The amendments 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 is negligible. Therefore, I
certify that the action will 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 rule does 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 in this final rule
will not result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $155
million or more in any 1 year (when adjusted for inflation) in 2014
dollars for either State, local, and Tribal governments in the
aggregate, or by the private sector. 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 final rule in accordance with the
principles and criteria contained in E.O. 13132. The FHWA has
determined that this action does not have sufficient federalism
implications to warrant the preparation of a federalism assessment. The
FHWA has also determined that this action does not preempt any State
law or State regulation or affect the
[[Page 54880]]
States' ability to discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities apply to this program.
This E.O. applies because State and local governments are directly
affected by this 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
this final rule does not contain collection of information requirements
for the purposes of the PRA.
National Environmental Policy Act
The FHWA has analyzed this final rule for the purposes of the
National Environmental Policy Act (NEPA) (42 U.S.C. 4321, et seq.) and
has determined that this action does not have any effect on the quality
of the human and natural environment because it only makes 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 removes the
corresponding outdated or superseded versions of these standards and
specifications. The final 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 final rule under EO13175, and believes
that it will not have substantial direct effects on one or more Indian
Tribes, does not impose substantial direct compliance costs on Indian
Tribal governments, and does not preempt Tribal law. This rule does not
impose any direct compliance requirements on Indian Tribal governments
nor does 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 final rule under E.O. 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The FHWA has determined that this action is not a
significant energy action under the E.O. 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.
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this rule under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. The FHWA does not anticipate that this action will effect a
taking of private property or otherwise have taking implications under
E.O. 12630.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 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 E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. The FHWA
certifies that this action will not cause an environmental risk to
health or safety that may disproportionately affect children.
Regulation Identifier Number
A Regulation Identifier 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 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: October 24, 2018.
Brandye L. Hendrickson,
Deputy Administrator, Federal Highway Administration.
In consideration of the foregoing, FHWA amends 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, 315, and 402; Sec. 1073 of Pub. L.
102-240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n).
0
2. Amend Sec. 625.4 by:
0
a. Removing the introductory text;
0
b. Revising paragraphs (a)(2), (b)(2) through (5), (7), (c)(2) and (3),
the introductory text of paragraph (d), and paragraphs (d)(1)(ii),
(iv), (v), (vii), and (viii);
0
c. Adding paragraphs (d)(1)(ix) and (x); and
0
d. Revising the introductory text of paragraph (d)(2).
The revisions and additions read as follows:
Sec. 625.4 Standards, policies, and standard specifications.
(a) * * *
(2) A Policy on Design Standards--Interstate System, AASHTO
(paragraph (d) of this section).
* * * * *
(b) * * *
(2) AASHTO LRFD Bridge Construction Specifications (paragraph (d)
of this section).
(3) AASHTO LRFD Bridge Design Specifications (paragraph (d) of this
section).
(4) AASHTO LRFD Movable Highway Bridge Design Specifications
(paragraph (d) of this section).
(5) AASHTO/AWS D1.5M/D1.5 Bridge Welding Code (paragraph (d) of
this section).
* * * * *
(7) Standard Specifications for Structural Supports for Highway
Signs, Luminaires, and Traffic Signals, (paragraph (d) of this
section); or LRFD Specifications for Structural Supports for Highway
Signs, Luminaires, and Traffic Signals (paragraph (d) of this section).
* * * * *
(c) * * *
(2) Transportation Materials, AASHTO (paragraph (d) of this
section).
(3) Quality Assurance Procedures for Construction, refer to 23 CFR
part 637, subpart B.
(d) Documents incorporated by reference. The standards required in
this section are incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved material is available for inspection at
U.S. Department of Transportation's National Transportation Library at
1200 New
[[Page 54881]]
Jersey Avenue SE, Washington, DC 20590; (800) 853-1351 and is available
from the sources indicated below. It is also 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 www.archives.gov/federal-register/cfr/ibr-locations.html.
(1) * * *
(ii) A Policy on Design Standards--Interstate System, May 2016.
* * * * *
(iv) AASHTO-LRFD Bridge Construction Specifications, 4th Edition,
copyright 2017.
(v) AASHTO LRFD-8, LRFD Bridge Design Specifications, 8th Edition,
2017.
* * * * *
(vii) AASHTO/AWS D1.5M/D1.5: 2015-AMD1, Bridge Welding Code,
Amendment: Second Printing December 12, 2016; with
(A) AASHTO BWC-7-I1-OL, 2018 Interim Revisions to AASHTO/AWS D1.5M/
D1.5: 2015 Bridge Welding Code, 7th Edition, copyright 2017.
(B) [Reserved]
(viii) AASHTO LTS-6, Standard Specifications for Structural
Supports for Highway Signs, Luminaires, and Traffic Signals, 6th
Edition, copyright 2013, with:
(A) AASHTO LTS-6-I1, 2015 Interim Revisions to Standard
Specifications for Structural Supports for Highway Signs, Luminaires,
and Traffic Signals, copyright 2014.
(B) [Reserved]
(ix) AASHTO LRFDLTS-1, LRFD Specifications for Structural Supports
for Highway Signs, Luminaires, and Traffic Signals, 1st Edition,
copyright 2015, with:
(A) AASHTO LRFDLTS-1-I1-OL, 2017 Interim Revisions to LRFD
Specifications for Structural Supports for Highway Signs, Luminaires,
and Traffic Signals, copyright 2016, and
(B) AASHTO LRFDLTS-1-I2-OL, 2018 Interim Revisions to LRFD
Specifications for Structural Supports for Highway Signs, Luminaires,
and Traffic Signals, copyright 2017.
(x) 2017 Edition of Transportation Materials, Parts 1-3, copyright
2017.
(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.
* * * * *
[FR Doc. 2018-23821 Filed 10-31-18; 8:45 am]
BILLING CODE 4910-22-P
