Federal Highway Administration October 2015 – Federal Register Recent Federal Regulation Documents

Final Designation of the Highway Primary Freight Network
Document Number: 2015-27036
Type: Notice
Date: 2015-10-23
Agency: Federal Highway Administration, Department of Transportation
This notice publishes the final designation of the highway- only Primary Freight Network (highway-only PFN). Section 167(d) of title 23, United States Code (U.S.C.) requires the Secretary of Transportation to establish the highway-only PFN and re-designate it every 10 years, giving consideration to certain factors. This designation meets the requirements of the law, but the Department and a multitude of public comments recognize that the highway-only PFN fails to demonstrate that freight moves through a complex and extensive network of highways, railroads, waterways, pipelines, and airways. While specific commodities are likely to be moved on a particular mode or series of modes, a complex multimodal system is required to carry the growing volume of bulk and high-velocity, high-value goods in the United States. In addition, the 27,000-mile cap required by the law does not yield a PFN representative of all the critical highway elements of the United States freight system. While the Department is designating the highway-only PFN to meet the statutory requirements of the authorizing law, the Department is concurrently and simultaneously proposing a comprehensive Multimodal Freight Network for public comment in the draft National Freight Strategic Plan to identify key infrastructure for all modes that is critical for the efficient movement of freight.
Buy America Waiver Notification
Document Number: 2015-27027
Type: Notice
Date: 2015-10-23
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic fabrication of cable mesh for 8'-0'' high oxidized stainless steel cable net safety fence on Interstate 5, MP 28.7 in San Diego, California.
Buy America Waiver Notification
Document Number: 2015-26984
Type: Notice
Date: 2015-10-23
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic stainless steel grooved butterfly valves, grooved couplings, and electrical conduit bodies and fittings for the I-90 project in the State of Washington.
Environmental Impact Statement; Manatee and Hillsborough Counties, Florida
Document Number: 2015-26443
Type: Notice
Date: 2015-10-19
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice of cancellation to advise the public that we are no longer preparing an Environmental Impact Statement (EIS) for the proposed Port Manatee Connector in Manatee and Hillsborough Counties, Florida. This is formal cancellation of the Notice of Intent that was published in the Federal Register on March 5, 2009.
Application From the State of Ohio to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State
Document Number: 2015-26192
Type: Notice
Date: 2015-10-15
Agency: Federal Highway Administration, Department of Transportation
This notice announces that FHWA has received and reviewed an application from the Ohio Department of Transportation (ODOT) requesting participation in the Surface Transportation Project Delivery Program (Program). This Program allows FHWA to assign and States to assume, responsibilities under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.), and all or part of FHWA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental law with respect to one or more Federal highway projects within the State. The FHWA has determined the application to be complete, and developed a draft MOU with ODOT outlining how the State will implement the program with FHWA oversight. The public is invited to comment on ODOT's request, including its application, and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation and other activities to be assigned.
Buy America Waiver Notification
Document Number: 2015-26191
Type: Notice
Date: 2015-10-15
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic Vanessa 30,000 series water line valves (two 42 inch, three 16 inch, and one 8 inch) for the Woodmen Road corridor improvement project, phase 2 in Colorado Springs, Colorado.
Buy America Waiver Notification
Document Number: 2015-26190
Type: Notice
Date: 2015-10-15
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic motor and machinery brakes for a moveable bridge in the State of Florida.
Buy America Waiver Notification
Document Number: 2015-26189
Type: Notice
Date: 2015-10-15
Agency: Federal Highway Administration, Department of Transportation
This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for the use of non-domestic Voith 21/R5 propulsion units for ferry boat Pocahontas' propulsion unit replacement by Virginia DOT.
Design Standards for Highways
Document Number: 2015-25931
Type: Rule
Date: 2015-10-13
Agency: Federal Highway Administration, Department of Transportation
This rule updates the regulations governing the required design standards to be utilized on Federal-aid highway program (FAHP) projects. In issuing the 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. This rule also makes technical changes to the regulatory text consistent with updated Federal Register procedures.
Notice of Final Federal Agency Actions on Proposed Lynnwood Link Extension Project in Washington
Document Number: 2015-25593
Type: Notice
Date: 2015-10-09
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed transportation project, the Sound Transit Lynnwood Link Extension Project, located in the cities of Seattle, Shoreline, Mountlake Terrace, and Lynnwood, WA. Those actions grant licenses, permits, and approvals for the project.
Notice of Final Federal Agency Actions on Proposed Highway in Utah
Document Number: 2015-25549
Type: Notice
Date: 2015-10-09
Agency: Federal Highway Administration, Department of Transportation
This notice announces actions taken by FWHA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the proposed Porter Rockwell Boulevard Project in Salt Lake County in the State of Utah. These actions grant approvals for the project.
Draft Availability Payment Concessions Public-Private Partnership Model Contract Guide
Document Number: 2015-25656
Type: Notice
Date: 2015-10-08
Agency: Federal Highway Administration, Department of Transportation
On July 17, 2014, the President announced the Build America Investment Initiative, a government-wide effort to increase infrastructure investment and economic growth by engaging with state and local governments and private sector investors to encourage collaboration, expand the market for public-private partnerships (P3s) and put Federal credit programs to greater use. As part of that effort, the Presidential Memorandum tasked the U.S. Department of Transportation (USDOT) to establish the Build America Transportation Investment Center (BATIC), a one-stop-shop for state and local governments, public and private developers and investors seeking to utilize innovative financing and P3s to deliver transportation projects. USDOT has made significant progress in its work to expand access to USDOT credit programs, spread innovation through tools that build capacity across the country, and deliver project-focused technical assistance to help high-impact projects develop plans, navigate Federal programs and requirements, and evaluate and pursue financing opportunities. This includes an effort to provide a range of technical assistance tools to project sponsors, including a series of model contract provisions for popular P3 project types. Development of these tools fulfills a requirement under Moving Ahead for Progress in the 21st Century Act (MAP-21) that FHWA to develop public-private partnership (P3) transaction model contracts for the most popular type of P3s for transportation projects. Based on public input favoring an educational, rather than prescriptive, contract model, FHWA is publishing a series of guides describing terms and conditions typically adopted in P3 concession agreements. The FHWA values public input in the development of the model contract guides, and seeks continuing input. All documents in this series share the same Docket Number (FHWA- 2014-0006). To address the most popular types of P3s, FHWA is producing separate guides to the two most common agreements for concessionaire compensation: user tolls and availability payments (APs). For the purpose of public comment, the Toll Concessions Guide was divided into two parts. The first part, addressing the highest profile (``Core'') provisions, was published in final form on September 10, 2014. The second part (the ``Addendum''), addressing additional substantive provisions, was published in draft form on January 16, 2015. As described below, FHWA is deferring publication of the final version of the Addendum in order to obtain public comment on additional material (provided with this announcement) relevant to the concessions guides. With this notice, FHWA publishes a Draft Availability Payment Concessions P3 Model Contract Guide (``AP Concessions Guide'') so that the general public and interested stakeholders may provide comments. The AP Concessions Guide can be found on the Docket (FHWA-2014-0006) and at the following link:https://www.fhwa.dot.gov/ipd/pdfs/p3/ apguide.pdf. This model contract guide has been prepared solely for informational purposes and should not be construed as a statement of DOT or FHWA policy. In addition, a separate chapter on Labor Best Practices recommended by the U.S. Department of Labor has been added to the Docket and is available at the following link: https://www.fhwa.dot.gov/ipd/pdfs/p3/ laborbestpractices.pdf. This chapter discusses labor provisions recommended by the U.S. Department of Labor for all P3 concession agreements, following a collaboration with USDOT, regardless of source of funding (i.e., Federal, State, or private) or form of compensation (i.e., user tolls or APs). The FHWA intends to incorporate this chapter into the final contract guides for both user toll and AP concessions; therefore, FHWA is seeking public comment on this document prior to finalizing the Toll Concession Addendum.
Revision of Thirteen Controlling Criteria for Design; Notice and Request for Comment
Document Number: 2015-25526
Type: Notice
Date: 2015-10-07
Agency: Federal Highway Administration, Department of Transportation
The geometric design standards for projects on the National Highway System (NHS) are incorporated by reference in FHWA regulations. These design standards are comprehensive in nature, covering a multitude of design characteristics, while allowing flexibility in application. Exceptions may be approved on a project basis for designs that do not conform to the minimum or limiting criteria set forth in the standards, policies, and standard specifications. The FHWA is updating its policy regarding controlling criteria for design. The current policy identifies 13 controlling criteria for design and requires formal design exceptions when any of the 13 controlling criteria are not met. The FHWA intends to further streamline the controlling criteria, and the application of these criteria, based on the results of recent research that evaluated the safety and operational effects of the 13 controlling criteria. The FHWA also intends to clarify when design exceptions are required and the documentation that is expected to support such requests. This notice solicits comments on the proposed revisions to the 13 controlling criteria for the design of projects on the NHS that require a design exception when adopted design criteria are not met, in accordance with FHWA regulations.
Environmental Impact Statement: Stark, Billings, and McKenzie Counties, North Dakota
Document Number: 2015-25405
Type: Notice
Date: 2015-10-06
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to advise the public of its intent to prepare an environmental impact statement, in cooperation with the NDDOT, for a proposed highway project in Stark, Billings, and McKenzie Counties, North Dakota.
Notice of Final Federal Agency Actions on Proposed Highway in Alaska
Document Number: 2015-25229
Type: Notice
Date: 2015-10-05
Agency: Federal Highway Administration, Department of Transportation
The FHWA is issuing this notice to announce actions taken by FHWA and other Federal agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway reconstruction project: Knik-Goose Bay Road Reconstruction: MP 0.3 to 6.8, Centaur Avenue to Vine Road, in the Matanuska-Susitna Borough, Alaska. Those actions grant licenses, permits, and approvals for the project.