[Federal Register: November 30, 2005 (Volume 70, Number 229)]
[Proposed Rules]
[Page 71792-71794]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no05-16]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[FHWA Docket No. FHWA-2005-22476]
RIN 2125-AF06
Design Standards for Highways; Interstate System
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: The FHWA is requesting comments on a proposed amendment to the
design standards that apply to highway construction and reconstruction
projects on the Interstate System. A 2005 revision of the American
Association of State Highway and Transportation Officials' (AASHTO)
publication entitled A Policy on Design Standards Interstate System,
January 2005, has replaced the previous version of this policy
published in 1991. If adopted by the FHWA, the new AASHTO publication
would constitute the FHWA's policy on geometric design standards for
all construction and reconstruction projects on the Interstate System.
DATES: Comments must be received on or before January 30, 2006.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit.
Alternatively, comments may be submitted via the
eRulemaking Portal at: http://www.regulations.gov. All comments should
include the docket number that appears in the heading of this document.
All comments received will be available for examination and copying at
the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal Holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard or you may
print the acknowledgment page that appears after submitting comments
electronically. Anyone is able to search the electronic form on all
documents received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov
.
FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Jon
Obenberger, Office of Program Administration (HIPA-20), (202) 366-2221.
For legal information: Mr. Robert Black, Office of the Chief Counsel
(HCC-32), (202) 366-1359, Federal Highway Administration, 400 Seventh
Street, SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m.
to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://dmses.dot.gov/submit. The DMS is
available 24 hours each day, 365 days each year. Electronic submission
and retrieval help and guidelines are available under the help section
of the Web site.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: http://www.archives.gov and the Government Printing Office's Web page at: http://
http://www.access.gpo.gov/nara.
Background
The standards, policies, and standard specifications that have been
approved by the FHWA for application on all construction and
reconstruction projects on the National Highway System (NHS) are
incorporated by reference in 23 CFR part 625 (Design Standards for
Highways). For the Interstate System, the current document specified in
Sec. 625.4(a)(2) is the 1991 edition of A Policy on Design Standards--
Interstate System \1\ (Interstate Standards). The AASHTO recently
revised the Interstate Standards and issued the January 2005
edition.\2\ The primary reason for revising the Interstate Standards
was to reflect the latest design criteria and perform minor editorial
changes to the previous Interstate Standards. The FHWA proposes to
adopt this latest edition of the Interstate Standards as its geometric
design standards for all construction and reconstruction projects on
the Interstate System. See ``Summary of Changes'' below for a
description of the changes made in the January 2005 edition.
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\1\ A Policy on Design Standards--Interstate System, 1991, is
available by ordering from AASHTO at their Web site at http://www.aashto.org
.
\2\ A Policy on Design Standards Interstate System, January
2005, is available by ordering from AASHTO at their Web site at
http://www.aashto.org.
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The Interstate Standards, being only 6 pages, are not intended to
be a ``stand alone'' document for all of the geometric design standards
that are used in the development of projects on the Interstate System.
The Interstate Standards contain criteria that were developed
specifically in keeping with the importance of the Interstate System as
the backbone of the Nation's highway system. Specific examples include:
Design traffic, right-of-way, geometric design controls and criteria,
cross section elements, interchanges, and bridges and other structures.
Other publications, such as A Policy on Geometric Design of Highways
and Streets and the Standard Specifications for Highway Bridges \3\ are
referenced in the Interstate Standards and used for all geometric
design issues not specifically addressed in the Interstate Standards.
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\3\ A Policy on Geometric Design of Highways and Streets and
Standard Specifications for Highway Bridges are available by
ordering from AASHTO at their Web site at http://www.aashto.org.
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The policies, standards, and standard specifications FHWA has
adopted for all construction and reconstruction projects on the
National Highway System (NHS) are incorporated by reference in 23 CFR
part 625. The NHS was established by the National Highway System
Designation Act of 1995, Pub. L. 104-59, Nov. 28, 1995, 109 Stat. 568.
The NHS includes the Interstate System and other principal arterials
serving major travel destinations and transportation needs, connectors
to major transportation terminals, the Strategic Highway
[[Page 71793]]
Network and major connectors, and high priority corridors identified by
law.
The AASHTO is an organization which 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 U.S. DOT officials participate in various
AASHTO activities as non-voting representatives. Among other functions,
the 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
approved by the FHWA and incorporated into 23 CFR part 625 were
originally developed and issued by the AASHTO. Revisions to AASHTO
policies, standards, and standard specifications are independently
reviewed, considered, and where appropriate adopted by the FHWA for
their application to projects on the NHS.
Summary of Changes
The changes in the Interstate Standards were developed as the
result of information contributed by AASHTO and FHWA staff experts. The
changes made to the Interstate Standards (January 2005 edition) consist
of the following:
1. Metric values have been added for all dimensions. The previous
edition contained only U.S. Customary values.
2. In ``Design Speed,'' the sentence specifying a separate design
speed for rolling terrain has been deleted. The impacts of construction
in level and rolling terrain are considered sufficiently close that
individual criteria are no longer considered necessary.
3. In ``Gradients,'' the table for maximum grade has been expanded
to include higher design speeds and intermediate design speeds. All of
the values in the previous edition have been incorporated in the new
table without any changes. The wording of the table footnote has been
revised.
4. In ``Shoulders,'' the discussion of shoulder width in
mountainous terrain has been revised to clarify the values that may be
used.
5. In ``Horizontal Clearance to Obstructions,'' the discussion of
horizontal clearance to obstructions has been revised and updated.
6. In ``Curbs,'' the discussion of curbs has been revised and
expanded to clarify the use of curbs in conjunction with guardrail.
7. In ``Existing Bridges to Remain in Place,'' the wording has been
revised to include bridges on future additions to the Interstate
System.
8. In ``Tunnels,'' the discussion of the minimum width of a tunnel
has been revised and a discussion of a safety shape barrier at the
tunnel wall in lieu of a safety walk has been added.
Conclusion
The FHWA proposes to amend the design standards that apply to
highway construction and reconstruction projects on the Interstate
System by adopting the 2005 edition of AASHTO's A Policy on Design
Standards Interstate System.
Rulemaking Analyses and Notices
All comments received on or before the close of business on the
comment closing date indicated above will be considered and will be
available for examination in the docket at the above address. Comments
received after the comment closing date will be filed in the docket and
will be considered to the extent practicable. In addition to late
comments, the FHWA will also continue to file relevant information in
the docket as it becomes available after the comment period closing
date, and interested persons should continue to examine the docket for
new material. A final rule may be published at any time after close of
the comment period.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined preliminarily that this action would not be
a significant regulatory action within the meaning of Executive Order
12866 or would not be significant within the meaning of the U.S.
Department of Transportation regulatory policies and procedures. It is
anticipated that the economic impact of this rulemaking would be
minimal because the basic design standard criteria remain essentially
the same. The proposed changes would not adversely affect, in a
material way, any sector of the economy. In addition, the changes would
not interfere with any action taken or planned by another agency and
would not materially alter the budgetary impact of any entitlements,
grants, user fees, or loan programs. Consequently, a full regulatory
evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612) the FHWA has evaluated the effects of this proposed
action on small entities and has determined that the proposed action
would not have a significant economic impact on a substantial number of
small entities. As stated above the basic design standard criteria
remain essentially the same. Additionally, the proposed changes address
design standards for States to follow in constructing or reconstructing
the Interstate System. States are not included in the definition of
small entity set forth in 5 U.S.C. 601. For these reasons, the FHWA
certifies that this action would not have a significant economic impact
on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22,
1995, 109 Stat. 48). This proposed rule will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year (2
U.S.C. 1532).
Further, in compliance with the Unfunded Mandates Reform Act of
1995, the FHWA will evaluate any regulatory action that might be
proposed in subsequent stages to assess the effects on States, local,
and tribal governments and the private sector. Additionally, 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)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the
FHWA has determined that this proposed action would not have sufficient
federalism implications to warrant the preparation of a Federalism
assessment. The FHWA has also determined that this proposed action
would not preempt any State law or State regulation or affect the
States' ability to discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to
[[Page 71794]]
this program. Accordingly, the FHWA solicits comments on this issue.
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 (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FHWA has
determined that this proposal does not contain collection of
information requirements for the purposes of the PRA.
National Environmental Policy Act
The agency has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321) and has
determined that this proposed action would not have any effect on the
quality of the environment.
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interface with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The FHWA
certifies that this proposed action would not cause an environmental
risk to health or safety that might disproportionately affect children.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that the proposed action would not
have substantial direct effects on one or more Indian tribes; would not
impose substantial direct compliance costs on Indian tribal
governments; and would not preempt tribal laws. The proposed rulemaking
addresses obligation of Federal funds to States for Federal-aid highway
projects and would not impose any direct compliance requirements on
Indian tribal governments. Therefore, a tribal summary impact statement
is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use dated May 18, 2001. We have determined that it is
not a significant energy action under that order since it is not a
significant regulatory action under Executive Order 12866 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.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Part 625
Design standards, Grant programs--transportation, highways and
roads, Incorporation by reference.
Issued on: November 21, 2005.
J. Richard Capka,
Acting Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
23, Code of Federal Regulations, part 625, as set forth below:
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. In Sec. 625.4, revise paragraph (a)(2) to read as follows:
Sec. 625.4 Standards, policies, and standard specifications.
* * * * *
(a) * * *
(2) A Policy on Design Standards Interstate System, AASHTO, January
2005. [See Sec. 625.4(d)(1)]
* * * * *
[FR Doc. 05-23476 Filed 11-29-05; 8:45 am]
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