Federal Highway Administration – Federal Register Recent Federal Regulation Documents

The FHWA is seeking comments on its existing general applicability waiver for manufactured products under its Buy America waiver authorities. Following review and consideration of comments, FHWA will publish a determination on whether to continue, discontinue, or otherwise modify the waiver and will consider other actions related to the implementation of Buy America requirements for manufactured products.

This final rule establishes regulations setting minimum standards and requirements for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program and projects for the construction of publicly accessible electric vehicle (EV) chargers under certain statutory authorities, including any EV charging infrastructure project funded with Federal funds that is treated as a project on a Federal-aid highway. The standards and requirements apply to the installation, operation, or maintenance of EV charging infrastructure; the interoperability of EV charging infrastructure; traffic control device or on-premises signage acquired, installed, or operated in concert with EV charging infrastructure; data, including the format and schedule for the submission of such data; network connectivity of EV charging infrastructure; and information on publicly available EV charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications.

This notice announces actions taken by FHWA and other Federal agencies that are final. This final agency action relates to the construction of the Rome-Cartersville Development Corridor in Bartow County. The FHWA's Finding of No Significant Impact (FONSI) provides details on the Selected Alternative for the proposed improvements.

Our priority at DOT and FHWA is to make our transportation system safe for all people. Right now, we face a crisis on our roadways. In 2021, an estimated 42,915 people across the Nation117 people per daylost their lives in motor vehicle crashes. This represents the highest number of fatalities since 2005. Every transportation project, whether the project's purpose is safety-related or not, is an opportunity to improve safety. The street network including on-road and off-road facilities should provide safe, equitable, accessible, and comfortable transportation for everyone. Part of the work that DOT proposes to significantly reduce fatalities and serious injuries on our Nation's highways, roads, and streets is to develop a National Roadway Safety Strategy (NRSS). The NRSS, adopts the Safe System Approach principles to guide our safety actions, and identifies critical and significant actions DOT will take now in pursuit of five core objectives: Safer People, Safer Roads, Safer Vehicles, Safer Speeds, and Post-Crash Care. As part of the actions to address the national crisis of fatalities and serious injuries on our roadways, FHWA requests comments on what strategies, programmatic adjustments or regulatory changes could help improve safety on U.S. highways. Requests for comments include but are not limited to whether changes to the FHWA Design Standards regulation or other FHWA regulations are needed to facilitate the development of Complete Streets and Complete Networks that serve all users, how the safety performance of Federal-aid projects should be assessed, how funding could be optimized for safety improvements, and how to include measures and collection of more data that can improve safety performance across Federal-aid projects.

The FHWA, on behalf of the Arizona Department of Transportation (ADOT), is issuing this notice to announce actions taken by ADOT and other relevant Federal agencies that are final. The actions relate to the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the proposed project Sunset Road: I-10 to River Road, Pima County, Arizona. The actions grant licenses, permits, and approvals for the project.

This notice announces actions taken by the FHWA that are final. The actions relate to a proposed highway project, OR 34: Van Buren Bridge Project, over the Willamette River, in City of Corvallis, Benton County, Oregon. Those actions grant approvals for the project.

The FHWA, on behalf of the FDOT, is issuing this notice to announce actions taken by FDOT and other Federal Agencies that are final agency actions. These actions relate to the proposed project along the Venetian Causeway which is approximately 2.5 miles long, and is primarily a two-lane undivided facility that provides a major link between the cities of Miami and Miami Beach in Miami-Dade County, Florida. The Causeway includes ten fixed span bridges and two bascule leaf span bridges over the Intracoastal Waterway (ICWW) extending from North Bayshore Drive (City of Miami) to Purdy Avenue (City of Miami Beach). The twelve bridges are numbered Bridge 1 to Bridge 12 from west to east. The proposed improvements replace the fixed spans of Bridges 2 through 12 with concrete arched beams and the bascule span at Bridge 10 with a double leaf bascule bridge to meet current design and safety requirements. The proposed typical section is 16-ft wider than the existing as a result of enhanced pedestrian and bicycle provisions, and consists of an 11-ft. lane, 7-ft. bicycle lane and 8-ft. sidewalk in each direction. The bascule span at Bridge 1 has already been replaced and is not included in the proposed improvements. These actions grant licenses, permits, or approvals for the project.

This notice announces the re-designated PHFS to meet the statutory requirements of the authorizing law. This notice presents a final, re-designated PHFS, provides summary analysis of input received for PHFS re-designation, FHWA responses to comments, the methodology applied, and changes made for the re-designation of the PHFS.

The FHWA has completed a revision to the Federal-State Stewardship and Oversight (S&O) Agreement template. The revised S&O Agreement template that is the subject of this notice is an updated version of a template issued by FHWA in 2015. The revisions address such issues as changes in applicable laws and the evolution of FHWA's risk-based stewardship and oversight program. The FHWA is requesting comments on the revised S&O Agreement template. The FHWA will publish a Federal Register notice announcing the final S&O Agreement template, including any changes FHWA makes in response to public comments.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, U.S Environmental Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) that are final. The actions relate to a proposed highway project on the Interstate 5 (I-5) and State Route 56 (SR 56) from postmile (PM) I-5: R32.7 to R34.8 and SR 56: 0.00 to 2.5 in the County of San Diego, State of California. The action is to provide the amended record of decision (ROD) identifying the Hybrid Alternative (Alternative 4) as the new Selected Alternative to move forward in construction. Alternative 4 is a different alternative than the preferred alternative identified in the Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS) approved for the project on June 26th, 2017]. Those actions grant licenses, permits, and approvals for the project.

The FHWA, on behalf of Caltrans, is issuing this notice to announce Caltrans' adoption of the Maritime Administration's (MARAD) Combined Final Environmental Impact Statement/Record of Decision and Final Section 4(f) Evaluation, (FEIS/ROD) for the Port of Long Beach (POLB or Port) Pier B On-Dock Rail Support Facility Project (Project). The Final EIS and ROD for the Pier B On-Dock Rail Support Facility Project were approved by MARAD on April 7, 2022. MARAD's Notice of Availability for the Final EIS and ROD was published in the Federal Register on April 15, 2022. Under 49 U.S.C. 304a(b), MARAD issued a single Final EIS and ROD (USEPA, 2022). Therefore, the 30-day wait/ review period under the National Environmental Policy Act (NEPA) did not apply to the action (Federal Register, 2022). Pursuant to 40 CFR 1506.3(b)(2), Caltrans was a cooperating agency on this project. Therefore, recirculation of the document is not necessary under Section 1506.3(c) of the Council on Environmental Quality (CEQ) regulations.

The FHWA, on behalf of the California Department of Transportation (Caltrans), is issuing this notice to advise the public that a Draft Environmental Impact Statement (Draft EIS) will be prepared for the proposed State Route (SR) 239 highway project (Project) in Contra Costa, Alameda, and San Joaquin Counties, California.

On November 16, 2020, FHWA published an interim final rule (IFR) amending FHWA's regulations to allow States the ability to use the Indefinite Delivery and Indefinite Quantity (ID/IQ) method of contracting, including job order contracting (JOC), on Federal-aid highway projects, under certain circumstances, on a permanent basis. This action adopts the IFR with a few minor changes and technical amendments. Most provisions from the IFR remain unchanged. This action also restores a missing provision inadvertently removed during an earlier, unrelated rulemaking.

FHWA, on behalf of TxDOT, is issuing this notice to advise the public that an EIS will be prepared for a proposed transportation project to study the effects of the project on Interstate Highway 10 (I-10), known as the Downtown 10 project. The limits of the proposed project are from Executive Center Boulevard (Blvd.) to State Loop (SL) 478 (Copia Street) in El Paso County, Texas. The proposed project is approximately 5.7 miles in length.

The Moving Ahead for Progress in the 21st Century Act established the Surface Transportation Project Delivery Program that allows a State to assume FHWA's environmental responsibilities for environmental review, consultation, and compliance under the National Environmental Policy Act (NEPA) for Federal highway projects. When a State assumes these Federal responsibilities, the State becomes solely responsible and liable for carrying out the responsibilities it has assumed, in lieu of FHWA. This program mandates annual audits during each of the first 4 years of State participation to ensure compliance with program requirements. This is the second audit of the Arizona Department of Transportation's (ADOT) performance of its responsibilities under the Surface Transportation Project Delivery Program (NEPA Assignment Program). This notice announces and solicits comments on the second audit report for ADOT.

The FHWA invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection, which is summarized below under SUPPLEMENTARY INFORMATION. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995.

This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for these projects are being, or have been, carried out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT. The actions relate to various proposed highway projects in the State of Texas. These actions grant licenses, permits, and approvals for the projects.

FHWA amends its regulation governing each State's certification of whether they choose to enact and enforce drug offender's driver's license requirements or choose to oppose enacting or enforcing the drug offender's driver's license requirement. The regulation applies to each State and specifies the steps that States must take to avoid the withholding of Federal-aid highway funds for noncompliance with the certification requirements. Highway Safety is the top priority of both DOT and FHWA. The changes that FHWA is making to the regulation will not negatively impact safety, efforts to combat substance abuse, or the substantive protections provided by the State certification requirements. Rather, they update the regulation to align with the wording of the relevant statute, increase clarity, and reduce administrative burden on States. Reducing fatalities and serious injuries will continue to be a top priority of the Department and FHWA.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, replacing rock slope protection for four bridges at Three Star Ditch (PM R87.96R/L) and Determination Ditch (PM R90.98 R/L) on Interstate 10, in the County of Riverside, State of California. Those actions grant licenses, permits, and approvals for the project.

The FHWA is issuing this notice to advise the public that it is rescinding its Notice of Intent (NOI) and will not be preparing an Environmental Impact Statement (EIS) for a proposed highway project in Hawaii County, Hawaii. A NOI to prepare an EIS was published in the Federal Register on March 18, 2014.

This rule makes technical corrections to the regulations that govern the National Bridge Inspection Standards Program. The amendments contained herein make no substantive changes to FHWA regulations, policies, or procedures.

The Federal Highway Administration (FHWA) is seeking comments on a proposal under its Buy America waiver authorities to: modify its existing general applicability waiver for manufactured products to remove electric vehicle (EV) chargers; and waive certain Buy America requirements under FHWA regulations and the Build America, Buy America Act for the steel, iron, manufactured products, and construction materials in EV chargers in a manner that, over a deliberate transitional period, reduces the scope of that waiver. The proposed new waiver would initially waive all Buy America requirements for EV chargers and all components of EV chargers that are installed in a project and then phase-out the waiver with two changes during calendar year 2023 and one change in January 2024.

This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for these projects are being, or have been, carried-out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT. The actions relate to various proposed highway projects in the State of Texas. These actions grant licenses, permits, and approvals for the projects.

The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans that are final. The actions relate to a proposed highway project, the State Route 84 Real McCoy Fenders and Ramps Replacement Project at post mile 2.49 in Solano County, State of California. Those actions grant licenses, permits, and approvals for the project.

The purpose of this final rule is to update the Manual on Uniform Traffic Control Devices (MUTCD) to provide standards, guidance, options, and supporting information relating to maintaining minimum levels of retroreflectivity for pavement markings. The MUTCD is incorporated in FHWA regulations and recognized as the national standard for traffic control devices used on all streets, highways, bikeways, and private roads open to public travel.