80 FR 31327 - Design Standards for Highways
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 80, Issue 105 (June 2, 2015)
Federal Highway Administration
Federal Register Volume 80, Issue 105 (June 2, 2015)
| Page Range | 31327-31332 | |
| FR Document | 2015-13097 |
[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)] [Proposed Rules] [Pages 31327-31332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13097] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 625 [Docket No. FHWA-2015-0003] [RIN 2125-AF67] Design Standards for Highways AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NRPM); request for comments. ----------------------------------------------------------------------- SUMMARY: The FHWA requests comments on a proposed revision to design standards and standard specifications that applies to new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, and rehabilitation projects on the National Highway System (NHS). The proposed rule would incorporate by reference the latest versions of design standards and standard specifications previously adopted and incorporated by reference under 23 CFR part 625, and would remove the corresponding outdated or superseded versions of these standards and specifications. The proposed rule also would make technical changes to the regulatory text consistent with updated Federal Register procedures. DATES: Comments must be received on or before July 2, 2015. Late comments will be considered to the extent practicable. ADDRESSES: You may submit comments identified by the docket number FHWA-2015-0003 by any one of the following methods: Fax: 1-202-493-2251; Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; Hand Delivery: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or Electronically through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. [[Page 31328]] Instructions: All submissions must include the agency name, docket name and docket number or Regulatory Identification Number (RIN) for this rulemaking (2125-AF67). Note that all comments received will be posted without change to: http://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov at any time or to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20950, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Matzke, Office of Program Administration (HIPA-20), (202) 366-4658, or via email at [email protected], or Mr. Robert Black, 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 may be viewed online through the Federal eRulemaking portal at: http://www.regulations.gov. Electronic submission and retrieval help and guidelines are available on the Web site. It is available 24 hours each day, 365 days this year. Please follow the instructions. An electronic copy of this document may also be downloaded from the Office of the Federal Register's Web site at: http://www.archives.gov/federal-register and the Government Publishing Office's Web site at: http://www.thefederalregister.org/fdsys. In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. The DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ ALL-14 FDMS), which can be viewed at www.dot.gov/privacy. Background The FHWA proposes to modify its regulations governing new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, and rehabilitation projects on the NHS (including the Interstate system), by incorporating by reference the current versions of design standards and standard specifications previously adopted and incorporated by reference under 23 CFR 625.4, and removing the outdated or superseded versions of these standards and specifications. Several of these design standards and standard specifications were established by the American Association of State Highway and Transportation Officials (AASHTO) and the American Welding Society (AWS) and were previously adopted by FHWA through rulemaking. The new standards or specifications replace previous versions of these documents and represent the most recent refinements that professional organizations have formally accepted. After review of the various standards and specifications, FHWA proposes to adopt them for NHS projects. The proposed revisions include referencing the 2011 edition of the AASHTO A Policy on Geometric Design of Highways and Streets, commonly referred to as the Green Book. The proposed revisions also include referencing the current version of AASHTO's Load and Resistance Factor Design (LRFD) Bridge Design Specifications; LRFD Movable Highway Bridge Design Specifications; and Standard Specifications for Structural Supports of Highway Signs, Luminaires and Traffic Signals. In addition, the proposed revisions would reference the current version of the AWS Bridge Welding Code and the Structural Welding Code--Reinforcing Steel. The AASHTO is an organization that represents 52 State highway and transportation agencies (including the District of Columbia and Puerto Rico). Its members consist of the duly constituted heads and other chief officials of those agencies. The Secretary of Transportation is an ex-officio member, and DOT staff participates in various AASHTO activities as nonvoting representatives. Among other functions, AASHTO develops and issues standards, specifications, policies, guides and related materials for use by the States for highway projects. Many of the standards, policies, and standard specifications that were approved by FHWA and incorporated into 23 CFR part 625 were developed and issued by AASHTO. The proposed revisions also include updated versions of welding codes published by AWS. The AWS is a nonprofit organization known for its code and certification procedures, providing industry standards for welding, including in the transportation field. The AWS reports about 66,000 members worldwide and develops updated materials for welding professionals and other interested parties, including those related to bridge welding and structural welding. While these adopted standards and specifications apply to all projects on the NHS (including the Interstate system), FHWA encourages the use of flexibility and a context-sensitive approach to consider a full range of project and user needs and the impacts to the community and natural and human environment. The FHWA encourages State Departments of Transportation (State DOTs) and local agencies to consider using design exceptions to achieve a design that balances project and user needs, performance, cost, environmental implications, and community values. These adopted design standards provide a range of acceptable values for highway features, and FHWA encourages the use of this flexibility to achieve a design that best suits the desires of the community while satisfying the purpose for the project and needs of its users. At a minimum, State DOTs and local agencies should select design values based on an evaluation of the context of the facility, needs of all the various project users, safety, mobility (i.e., traffic performance), human and natural environmental impacts, and project costs. For most situations, there is sufficient flexibility within the range of acceptable values to achieve a balanced design. However, when this is not possible, a design exception may be appropriate. State and local agencies may consider designs that deviate from the design standards when warranted based on the conditions, context, and consequences of the proposed projects. Additional information on FHWA's adopted design standards and design exceptions is available electronically at http://www.fhwa.dot.gov/design/standards and in FHWA's publication titled Mitigation Strategies for Design Exceptions available at http://safety.fhwa.dot.gov/geometric/pubs/mitigationstrategies/fhwa_sa_07011.pdf. The proposed rule also would make technical changes to the regulatory text consistent with updated Federal Register procedures, including updating mailing addresses and including telephone and Web site addresses in 23 CFR 625.4(d) pertaining to the availability of documents incorporated by reference. Discussion Under 1 CFR Part 51 The documents FHWA proposes to incorporate by reference are reasonably available to interested parties, primarily State DOTs and local agencies carrying out Federal-aid highway projects. These documents represent the most recent refinements that professional organizations have formally accepted [[Page 31329]] and are currently in use by the transportation industry. The documents are also available for review at the U.S. Department of Transportation's National Transportation Library, the National Archives and Records Administration (NARA), or may be obtained from AASHTO or AWS. The specific standards are discussed in greater detail elsewhere in this preamble. Section by Section Discussion of the Proposed Changes to 23 CFR Part 625 The FHWA proposes to revise Sec. 625.4(a)(1) to replace the reference to the 2001 edition of A Policy on Geometric Design of Highways and Streets (Policy) with the 2011 edition. The AASHTO 2011 edition incorporates the latest research and current industry practices, with the basic criteria identified for geometric design standards remaining essentially the same. This Policy is a comprehensive manual to assist State DOTs and local agencies in administrative, planning, and educational efforts pertaining to design formulation. The Policy includes design guidelines for freeways, arterials, collectors, and local roads in both urban and rural locations. The Agency considers the changes made in the 2011 version minor in nature. Most notably, the changes include improved methods for determining stopping and passing site distance and clarifications of inconsistencies between the Policy and AASHTO's Roadside Design Guide. The FHWA proposes to strike Sec. 625.4(a)(4) because the referenced document, Erosion and Sediment Control on Highway Construction Projects, is guidance only. Accordingly, the document does not carry the force and effect of law, and incorporation by reference in the Agency's regulations is unnecessary. The proposed rule would redesignate existing Sec. Sec. 625.4(a)(5)-(8) as Sec. Sec. 625.4(a)(4)-(7), respectively. With respect to the design standards and standards specifications for bridges and structures under Sec. 625.4(b), FHWA generally proposes to adopt the current versions of the standards and specifications it has previously adopted from AASHTO and AWS. The updated documents contain changes that represent discoveries or improvements in the state-of-the-knowledge and practices of State DOTs and local agencies that have occurred since the previous standards and specifications were incorporated by reference into 23 CFR part 625. The NPRM would revise Sec. 625.4(b)(1) to reference the Standard Specifications for Highway Bridges, 17th Edition, AASHTO adopted in 2002 instead of the 15th edition adopted in 1992. The updates incorporated into the 17th Edition are minor in nature. They include the incorporation of the interim specifications of 1997, 1998, 1999, 2000, 2001, 2002, and 2003 and other minor updates. However, FHWA proposes that with respect to proposed modifications to existing bridges, the standard specifications for design may be those that were used for the original design of the bridge. The FHWA proposes to strike paragraphs (2) through (4) of Sec. 625.4(b) pertaining to interim specifications for bridges and LRFD bridge design specifications. In their place, the NPRM would insert new paragraph (2). Proposed paragraph (2) would incorporate by reference the current version of the revised AASHTO specifications entitled ``LRFD Bridge Construction Specifications, 3rd Edition, with the 2010, 2011, 2012 and 2014 Interim Revisions.'' The AASHTO previously included these specifications in its Standard Specifications for Highway Bridges, but these specifications are now in a stand-alone document. The LRFD Bridge Construction Specifications are intended to complement the LRFD Bridge Design Specifications, which the FHWA proposes to include under a new paragraph (3). The FHWA proposes to strike paragraphs (5) and (6) of Sec. 625.4(b) and insert a new paragraph (3). Proposed paragraph (3) would incorporate by reference AASHTO LRFD Bridge Design Specifications, 7th Edition, AASHTO 2014. This change would replace the bridge design specifications AASHTO adopted in 1994 that are currently incorporated by reference under paragraphs (5) and (6). The 7th Edition updates are minor in nature and include clearer direction on seismic isolation design. The FHWA required the use of the LRFD Bridge Design Specifications on all new and total replacement bridge designs after 2007.\1\ As such, the LRFD Bridge Construction Specifications rely on extensive use of the same statistical modeling methods as the LRFD Bridge Design Specifications, but set forth the results in a manner readily usable by bridge designers and analysts. --------------------------------------------------------------------------- \1\ FHWA Policy Memorandum, ``Clarification of LRFD Policy Memorandum,'' January 22, 2007, http://www.fhwa.dot.gov/bridge/012207.cfm. --------------------------------------------------------------------------- The FHWA proposes to strike Sec. 625.4(b)(7) and add a new paragraph (4) to incorporate by reference the current version of the LRFD Movable Highway Bridge Design Specifications, 2nd Edition, 2007, and the Interim Revisions that AASHTO adopted in 2008, 2010, 2011, 2012, 2014, and 2015. This change would replace bridge design specifications adopted by AASHTO in 1994. Changes in the 2nd Edition are minor and include the treatment of precast concrete component and clarification on prequalified details and essential variables for fillet welds. The FHWA proposes to strike Sec. 625.4(b)(8) and add a new paragraph (5) to incorporate by reference the current version of the AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition; AASHTO, 2010 and the Interim Revisions that AASHTO adopted in 2011 and 2012. This code and interim revisions replace those previously adopted by AASHTO. Changes in the 6th Edition are minor in nature and include consolidation of tables, clarifications for several types of welding, and addition of new steel grades to the code. The FHWA proposes to strike Sec. 625.4(b)(9) and add a new paragraph (6) to incorporate by reference the current version of the D1.4/D1.4M: 2011 Structural Welding Code--Reinforcing Steel that the American Welding Society adopted in 2011. This code will replace the code AASHTO previously adopted in 1992. The changes consist primarily of conversion from International System of Units (known as SI) to United States customary units. The FHWA proposes to strike Sec. 625.4(b)(10) and add a new paragraph (7) to incorporate by reference the current version of the Standard Specifications for Structural Supports for Highway Sign, Luminaires and Traffic Signals, 6th Edition, AASHTO, 2013. This edition of the standard specifications will replace those that were previously adopted by AASHTO in 1994. Changes in the 6th Edition are minor in nature and include new figures for welding of connections, updates to hand-hole welds, and updated design methods for support structures. Finally, FHWA proposes to redesignate section 625.5(b)(11) as paragraph (8), continuing to incorporate by reference navigational clearances for bridges under 23 CFR part 650, subpart H. Rulemaking Analyses and Notices All comments received before the close of business on the comment closing date indicated above will be considered and will be available for examination in the docket at the above address. Comments received after the comment closing date will be filed in the docket and will be considered to the extent practicable. In addition to late comments, FHWA will also continue to file relevant information in the docket [[Page 31330]] as it becomes available after the comment period closing date, and interested persons should continue to examine the docket for new material. A final rule may be published at any time after close of the comment period and after DOT has had the opportunity to review the comments submitted. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures The FHWA has determined that this action does not constitute a significant regulatory action within the meaning of Executive Order 12866 or within the meaning of DOT regulatory policies and procedures. The proposed amendments would update several industry design standards and standard specifications adopted and incorporated by reference under 23 CFR part 625 and would remove the corresponding outdated or superseded versions of these standards and specifications. The proposed rule also would make technical changes to the regulatory text consistent with updated Federal Register procedures. In addition, this action complies with the principles of Executive Order 13563. After evaluating the costs and benefits of these proposed amendments, FHWA anticipates that the economic impact of this rulemaking would be minimal. These changes are not anticipated to adversely affect, in any material way, any sector of the economy. In addition, these changes will not create a serious inconsistency with any other agency's action or materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. These updated standards and specifications represent the most recent refinements that professional organizations have formally accepted, and are currently in use by the transportation industry. The FHWA anticipates that the economic impact of this rulemaking will be minimal; therefore, a full regulatory evaluation is not necessary. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), FHWA has evaluated the effects of this proposed rule on small entities, such as local governments and businesses. Based on the evaluation, FHWA anticipates that this action would not have a significant economic impact on a substantial number of small entities. The proposed amendments would update several industry design standards and standard specifications adopted and incorporated by reference under 23 CFR part 625. The FHWA believes the projected impact upon small entities that utilize Federal-aid highway program funding for the development of highway improvement projects on the NHS would be negligible. Therefore, I certify that the proposed action would not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 The FHWA has determined that this NPRM would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995, 109 Stat. 48). The actions proposed in this NPRM would not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $143.1 million or more in any one year (when adjusted for inflation) in 2012 dollars for either State, local, and tribal governments in the aggregate, or by the private sector. The FHWA will publish a final analysis, including its response to public comments, when it publishes a final rule. In addition, the definition of ``Federal Mandate'' in the Unfunded Mandates Reform Act excludes financial assistance of the type in which State, local, or tribal governments have authority to adjust their participation in the program in accordance with changes made in the program by the Federal Government. The Federal-aid highway program permits this type of flexibility. Executive Order 13132 (Federalism Assessment) The FHWA has analyzed this NPRM in accordance with the principles and criteria contained in Executive Order 13132. The FHWA has determined that this action would not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA has also determined that this action would not preempt any State law or State regulation or affect the States' ability to discharge traditional State governmental functions. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. This Executive Order applies because State and local governments would be directly affected by the proposed regulation, which is a condition on Federal highway funding. Local entities should refer to the Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction, for further information. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that the proposed rule does not contain collection of information requirements for the purposes of the PRA. National Environmental Policy Act The FHWA has analyzed this proposed rule for the purposes of the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) and has determined that this action would not have any effect on the quality of the human and natural environment because it only would make technical changes and incorporate by reference the latest versions of design standards and standard specifications previously adopted and incorporated by reference under 23 CFR part 625 and would remove the corresponding outdated or superseded versions of these standards and specifications. The proposed rule qualifies as a categorical exclusion to NEPA under 23 CFR 771.117(c)(20). Executive Order 13175 (Tribal Consultation) The FHWA has analyzed this proposed rule under Executive Order 13175, dated November 6, 2000, and believes that it would not have substantial direct effects on one or more Indian Tribes, would not impose substantial direct compliance costs on Indian Tribal governments, and would not preempt Tribal law. This proposed rule would not impose any direct compliance requirements on Indian Tribal governments nor would it have any economic or other impacts on the viability of Indian Tribes. Therefore, a Tribal summary impact statement is not required. Executive Order 13211 (Energy Effects) The FHWA has analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use. The FHWA has determined that this proposed action is not a significant energy action under the Executive Order and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required. [[Page 31331]] Executive Order 12630 (Taking of Private Property) The FHWA has analyzed this proposed rule under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. The FHWA does not anticipate that this proposed action would effect a taking of private property or otherwise have taking implications under Executive Order 12630. Executive Order 12988 (Civil Justice Reform) This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FHWA has analyzed this proposed action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this proposed action would not cause an environmental risk to health or safety that may disproportionately affect children. Executive Order 12898 (Environmental Justice) The Executive Order 12898 requires that each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations. The FHWA has determined that this rule does not raise any environmental justice issues. Regulation Identifier Number A RIN is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 23 CFR Part 625 Design standards, Grant programs--transportation, Highways and roads, Incorporation by reference. Issued on: May 21, 2015. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration. In consideration of the foregoing, the FHWA proposes to revise 23 CFR part 625 as follows: PART 625--DESIGN STANDARDS FOR HIGHWAYS 0 1. The authority citation for part 625 continues to read as follows: Authority: 23 U.S.C. 109, 215, and 402; Sec. 1073 of Pub. L. 102-240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n). 0 2. In Sec. 625.4, revise paragraphs (a), (b) and (d) to read as follows: Sec. 625.4 Standards, policies, and standard specifications. (a) Roadway and appurtenances. (1) A Policy on Geometric Design of Highways and Streets, AASHTO 2011. (2) A Policy on Design Standards Interstate System, AASHTO, January 2005. (3) The geometric design standards for resurfacing, restoration, and rehabilitation (RRR) projects on NHS highways other than freeways shall be the procedures and the design or design criteria established for individual projects, groups of projects, or all non-freeway RRR projects in a State, and as approved by the FHWA. The other geometric design standards in this section do not apply to RRR projects on NHS highways other than freeways, except as adopted on an individual State basis. The RRR design standards shall reflect the consideration of the traffic, safety, economic, physical, community, and environmental needs of the projects. (4) Location and Hydraulic Design of Encroachments on Flood Plains, refer to 23 CFR part 650, subpart A. (5) Procedures for Abatement of Highway Traffic Noise and Construction Noise, refer to 23 CFR part 772. (6) Accommodation of Utilities, refer to 23 CFR part 645, subpart B. (7) Pavement Design, refer to 23 CFR part 626. (b) Bridges and structures. (1) For existing bridges originally designed to any edition of the AASHTO Standard Specifications for Highway Bridges, modifications may be designed to the Standard Specifications for Highway Bridges, 17th Edition, AASHTO 2002, or to the standards and specifications that are listed in Sec. 625.4(b). [See Sec. 625.4(d)(1)] (2) AASHTO LRFD Bridge Construction Specifications, 3rd Edition, with 2010, 2011, 2012, and 2014 Interim Revisions, AASHTO. [See Sec. 625.4(d)(1)] (3) AASHTO LRFD Bridge Design Specifications, 7th Edition, AASHTO 2014. [See Sec. 625.4(d)(1)] (4) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd Edition, including 2008, 2010, 2011, 2012, 2014, and 2015 Interim Revisions, AASHTO 2007. [See Sec. 625.4(d)(1)] (5) AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition, with 2011 and 2012 Interim Revisions, AASHTO 2011. [See Sec. 625.4(d)(1)] (6) D1.4/D1.4M: 2011Structural Welding Code-Reinforcing Steel, American Welding Society, 2011. [See Sec. 625.4(d)(2)] (7) Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, 6th Edition, AASHTO 2013. [See Sec. 625.4(d)(1)] (8) Navigational Clearances for Bridges, refer to 23 CFR part 650, subpart H. * * * * * (d) Documents incorporated by reference. The Director of the Federal Register approves the incorporation by reference of the documents listed in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The documents listed in Sec. 625.4 are incorporated by reference and available for inspection at the U.S. Department of Transportation's National Transportation Library at 1200 New Jersey Avenue SE., Washington, DC 20590; (800) 853-1351. The documents also are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of these documents may be obtained from the following organizations: (1) American Association of State Highway and Transportation Officials (AASHTO), Suite 249, 444 North Capitol Street, NW., Washington, DC 20001; www.transportation.org; or (202) 624-5800. (i) A Policy on Geometric Design of Highways and Streets, AASHTO 2011. (ii) A Policy on Design Standards Interstate System, AASHTO, January 2005. (iii) Standard Specifications for Highway Bridges, 17th Edition, AASHTO 2002. (iv) AASHTO LRFD Bridge Construction Specifications, 3rd Edition, with 2010, 2011, 2012, and 2014 Interim Revisions. [[Page 31332]] (v) AASHTO LRFD Bridge Design Specifications, 7th Edition, AASHTO 2014. (vi) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd Edition, including 2008, 2010, 2011, 2012, 2014, and 2015 Interim Revisions, AASHTO 2007. (vii) AASHTO/AWS D1.5M/D1.5: 2010 Bridge Welding Code, 6th Edition, with 2011 and 2012 Interim Revisions, AASHTO 2011. (viii) Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, 6th Edition, AASHTO 2013. (2) American Welding Society (AWS), 8669 NW 36 Street, # 130 Miami, FL 33166-6672; www.aws.org; or (800) 443-9353 or (305) 443-9353. (i) D1.4/D1.4M: 2011 Structural Welding Code--Reinforcing Steel, American Welding Society, 2011. (ii) [Reserved] [FR Doc. 2015-13097 Filed 6-1-15; 8:45 am] BILLING CODE 4910-22-P
![Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules 31327
Proposal’’) to amend the limited trade cftc.gov; Commodity Futures Trading Giancarlo voted in the affirmative. No
option exemption in part 32 of its Commission, Three Lafayette Centre, Commissioner voted in the negative.
regulations. The Commission is 1155 21st Street NW., Washington, DC [FR Doc. 2015–13347 Filed 6–1–15; 8:45 am]
extending the comment period for the 20581. BILLING CODE 6351–01–P
Trade Options Proposal in light of the SUPPLEMENTARY INFORMATION: On May 7,
Commission’s recent interpretation 2015, the Commission published a
concerning forward contracts with proposal to amend the trade option DEPARTMENT OF TRANSPORTATION
embedded volumetric optionality. exemption in part 32 of its regulations
DATES: The comment period for the in the following subject areas: (1) Federal Highway Administration
Trade Options Proposal published on Reporting requirements for trade option
May 7, 2015, at 80 FR 26200, is counterparties that are not swap dealers 23 CFR Part 625
extended until June 22, 2015. or major swap participants; (2)
recordkeeping requirements for trade [Docket No. FHWA–2015–0003]
ADDRESSES: You may submit comments,
identified by RIN 3038–AE26, by any option counterparties that are not swap [RIN 2125–AF67]
one of the following methods: dealers or major swap participants; and
• CFTC Web site: http:// (3) certain non-substantive Design Standards for Highways
comments.cftc.gov. Follow the amendments.1 Generally, these
proposed amendments are intended to AGENCY: Federal Highway
instructions for submitting comments Administration (FHWA), Department of
through the Comments Online process facilitate use of trade options by
commercial market participants to Transportation (DOT).
on the Web site.
• Mail: Send to Christopher hedge against commercial and physical ACTION: Notice of proposed rulemaking
Kirkpatrick, Secretary of the risks. (NRPM); request for comments.
Commission, Commodity Futures On May 18, 2015, the Commission
published its final interpretation SUMMARY: The FHWA requests
Trading Commission, Three Lafayette comments on a proposed revision to
Centre, 1155 21st Street NW., regarding forward contracts with
embedded volumetric optionality.2 The design standards and standard
Washington, DC 20581. specifications that applies to new
• Hand Delivery/Courier: Same as interpretation identifies when an
agreement, contract, or transaction construction, reconstruction, resurfacing
Mail, above. (except for maintenance resurfacing),
• Federal eRulemaking Portal: http:// would fall within the forward contract
exclusions from the ‘‘swap’’ and ‘‘future restoration, and rehabilitation projects
www.regulations.gov. Follow the on the National Highway System (NHS).
instructions for submitting comments. delivery’’ definitions in the Commodity
Exchange Act (‘‘CEA’’), notwithstanding The proposed rule would incorporate by
Please submit your comments using
that it allows for variations in the reference the latest versions of design
only one of these methods.
delivery amount (i.e., contains standards and standard specifications
All comments must be submitted in
‘‘embedded volumetric optionality’’). previously adopted and incorporated by
English, or if not, accompanied by an
In light of the recent publication of reference under 23 CFR part 625, and
English translation. Comments will be
the Commission’s interpretation on would remove the corresponding
posted as received to www.cftc.gov. You
forward contracts with embedded outdated or superseded versions of
should submit only information that
volumetric optionality, the Commission these standards and specifications. The
you wish to make available publicly. If
is extending the comment period for the proposed rule also would make
you wish the Commission to consider
Trade Options Proposal until June 22, technical changes to the regulatory text
information that may be exempt from
2015. consistent with updated Federal
disclosure under the Freedom of
Issued in Washington, DC, on May 28, Register procedures.
Information Act, a petition for
confidential treatment of the exempt 2015, by the Commission. DATES: Comments must be received on
information may be submitted according Christopher J. Kirkpatrick, or before July 2, 2015. Late comments
to the procedures established in § 145.9 Secretary of the Commission. will be considered to the extent
of the CFTC’s regulations, 17 CFR 145.9. practicable.
Note: The following appendix will not
The Commission reserves the right, appear in the Code of Federal Regulations. ADDRESSES: You may submit comments
but shall have no obligation, to review, identified by the docket number
pre-screen, filter, redact, refuse, or Appendix to Trade Options Extension FHWA–2015–0003 by any one of the
remove any or all of a submission from of Comment Period—Commission following methods:
www.cftc.gov that it may deem to be Voting Summary Fax: 1–202–493–2251;
inappropriate for publication, such as Mail: U.S. Department of
On this matter, Chairman Massad and
obscene language. All submissions that Commissioners Wetjen, Bowen, and Transportation, Docket Operations, M–
have been redacted or removed that 30, West Building Ground Floor, Room
contain comments on the merits of the 1 Trade Options, Notice of Proposed Rulemaking, W12–140, 1200 New Jersey Avenue SE.,
rulemaking will be retained in the 80 FR 26200 (May 7, 2015). Washington, DC 20590;
public comment file and will be 2 Forward Contracts with Embedded Volumetric
Hand Delivery: U.S. Department of
considered as required under the Optionality, 80 FR 28239 (May 18, 2015). In
accordance with section 712(d)(4) of the Dodd- Transportation, Docket Operations,
Administrative Procedure Act and other Frank Wall Street Reform and Consumer Protection West Building Ground Floor, Room
applicable laws, and may be accessible
tkelley on DSK3SPTVN1PROD with PROPOSALS
Act, the interpretation was issued jointly with the W12–140, 1200 New Jersey Avenue SE.,
under the Freedom of Information Act. U.S. Securities and Exchange Commission after Washington, DC 20590, between 9 a.m.
consultation with the Board of Governors of the
FOR FURTHER INFORMATION CONTACT: Federal Reserve System. Although the and 5 p.m., Monday through Friday,
David N. Pepper, Special Counsel, interpretation was issued jointly, it is an except Federal holidays; or
Division of Market Oversight, at (202) interpretation solely of the CFTC and does not Electronically through the Federal
apply to the exclusion from the swap and security-
418–5565 or dpepper@cftc.gov; or Elise based swap definitions for security forwards or to
eRulemaking Portal: http://
Pallais, Counsel, Office of the General the distinction between security forwards and www.regulations.gov. Follow the online
Counsel, at (202) 418–5577 or epallais@ security futures products. instructions for submitting comments.
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![Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules 31331
Executive Order 12630 (Taking of Issued on: May 21, 2015. 2014 Interim Revisions, AASHTO. [See
Private Property) Gregory G. Nadeau, § 625.4(d)(1)]
Acting Administrator, Federal Highway (3) AASHTO LRFD Bridge Design
The FHWA has analyzed this Administration. Specifications, 7th Edition, AASHTO
proposed rule under Executive Order In consideration of the foregoing, the 2014. [See § 625.4(d)(1)]
12630, Governmental Actions and FHWA proposes to revise 23 CFR part (4) AASHTO LRFD Movable Highway
Interference with Constitutionally 625 as follows: Bridge Design Specifications, 2nd
Protected Property Rights. The FHWA Edition, including 2008, 2010, 2011,
does not anticipate that this proposed PART 625—DESIGN STANDARDS FOR 2012, 2014, and 2015 Interim Revisions,
action would effect a taking of private HIGHWAYS AASHTO 2007. [See § 625.4(d)(1)]
property or otherwise have taking (5) AASHTO/AWS D1.5M/D1.5: 2010
implications under Executive Order ■ 1. The authority citation for part 625 Bridge Welding Code, 6th Edition, with
12630. continues to read as follows: 2011 and 2012 Interim Revisions,
Authority: 23 U.S.C. 109, 215, and 402; AASHTO 2011. [See § 625.4(d)(1)]
Executive Order 12988 (Civil Justice Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914, (6) D1.4/D1.4M: 2011Structural
Reform) 2012; 49 CFR 1.48(b) and (n). Welding Code-Reinforcing Steel,
■ 2. In § 625.4, revise paragraphs (a), (b) American Welding Society, 2011. [See
This action meets applicable
and (d) to read as follows: § 625.4(d)(2)]
standards in sections 3(a) and 3(b)(2) of
(7) Standard Specifications for
Executive Order 12988, Civil Justice § 625.4 Standards, policies, and standard Structural Supports for Highway Signs,
Reform, to minimize litigation, specifications. Luminaires and Traffic Signals, 6th
eliminate ambiguity, and reduce (a) Roadway and appurtenances. (1) A Edition, AASHTO 2013. [See
burden. Policy on Geometric Design of § 625.4(d)(1)]
Executive Order 13045 (Protection of Highways and Streets, AASHTO 2011. (8) Navigational Clearances for
Children) (2) A Policy on Design Standards Bridges, refer to 23 CFR part 650,
Interstate System, AASHTO, January subpart H.
The FHWA has analyzed this 2005. * * * * *
proposed action under Executive Order (3) The geometric design standards for (d) Documents incorporated by
13045, Protection of Children from resurfacing, restoration, and reference. The Director of the Federal
Environmental Health Risks and Safety rehabilitation (RRR) projects on NHS Register approves the incorporation by
Risks. The FHWA certifies that this highways other than freeways shall be reference of the documents listed in this
proposed action would not cause an the procedures and the design or design section in accordance with 5 U.S.C.
environmental risk to health or safety criteria established for individual 552(a) and 1 CFR part 51. The
that may disproportionately affect projects, groups of projects, or all non- documents listed in § 625.4 are
children. freeway RRR projects in a State, and as incorporated by reference and available
approved by the FHWA. The other for inspection at the U.S. Department of
Executive Order 12898 (Environmental geometric design standards in this Transportation’s National
Justice) section do not apply to RRR projects on Transportation Library at 1200 New
NHS highways other than freeways, Jersey Avenue SE., Washington, DC
The Executive Order 12898 requires except as adopted on an individual 20590; (800) 853–1351. The documents
that each Federal agency make State basis. The RRR design standards also are available for inspection at the
achieving environmental justice part of shall reflect the consideration of the National Archives and Records
its mission by identifying and traffic, safety, economic, physical, Administration (NARA). For
addressing, as appropriate, community, and environmental needs of information on the availability of this
disproportionately high and adverse the projects. material at NARA, call 202–741–6030,
human health or environmental effects (4) Location and Hydraulic Design of or go to: http://www.archives.gov/
of its programs, policies, and activities Encroachments on Flood Plains, refer to federal_register/code_of_federal_
on minorities and low-income 23 CFR part 650, subpart A. regulations/ibr_locations.html. Copies
populations. The FHWA has determined (5) Procedures for Abatement of of these documents may be obtained
that this rule does not raise any Highway Traffic Noise and Construction from the following organizations:
environmental justice issues. Noise, refer to 23 CFR part 772. (1) American Association of State
(6) Accommodation of Utilities, refer Highway and Transportation Officials
Regulation Identifier Number to 23 CFR part 645, subpart B. (AASHTO), Suite 249, 444 North
A RIN is assigned to each regulatory (7) Pavement Design, refer to 23 CFR Capitol Street, NW., Washington, DC
action listed in the Unified Agenda of part 626. 20001; www.transportation.org; or (202)
Federal Regulations. The Regulatory (b) Bridges and structures. (1) For 624–5800.
Information Service Center publishes existing bridges originally designed to (i) A Policy on Geometric Design of
the Unified Agenda in April and any edition of the AASHTO Standard Highways and Streets, AASHTO 2011.
October of each year. The RIN number Specifications for Highway Bridges, (ii) A Policy on Design Standards
modifications may be designed to the Interstate System, AASHTO, January
contained in the heading of this
tkelley on DSK3SPTVN1PROD with PROPOSALS
Standard Specifications for Highway 2005.
document can be used to cross-reference
Bridges, 17th Edition, AASHTO 2002, or (iii) Standard Specifications for
this action with the Unified Agenda. to the standards and specifications that Highway Bridges, 17th Edition,
List of Subjects in 23 CFR Part 625 are listed in § 625.4(b). [See AASHTO 2002.
§ 625.4(d)(1)] (iv) AASHTO LRFD Bridge
Design standards, Grant programs— (2) AASHTO LRFD Bridge Construction Specifications, 3rd
transportation, Highways and roads, Construction Specifications, 3rd Edition, with 2010, 2011, 2012, and
Incorporation by reference. Edition, with 2010, 2011, 2012, and 2014 Interim Revisions.
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![31332 Federal Register / Vol. 80, No. 105 / Tuesday, June 2, 2015 / Proposed Rules
(v) AASHTO LRFD Bridge Design This document announces HUD’s provided on that site to submit
Specifications, 7th Edition, AASHTO intention to amend HUD’s FMR comments electronically.
2014. regulations applicable to the HCV Note: To receive consideration as public
(vi) AASHTO LRFD Movable program (24 CFR part 888) to provide comments, comments must be submitted
Highway Bridge Design Specifications, HCV tenants with subsidies that better using one of the two methods specified
2nd Edition, including 2008, 2010, reflect the localized rental market, above. Again, all submissions must refer to
2011, 2012, 2014, and 2015 Interim including subsidies that would be the docket number and title of the notice.
Revisions, AASHTO 2007. relatively higher if they move into areas
(vii) AASHTO/AWS D1.5M/D1.5: No Facsimile Comments. Facsimile
that potentially have better access to (fax) comments are not acceptable.
2010 Bridge Welding Code, 6th Edition, jobs, transportation, services, and
with 2011 and 2012 Interim Revisions, Public Inspection of Comments. All
educational opportunities. Specifically, comments and communications
AASHTO 2011. this document requests public
(viii) Standard Specifications for submitted to HUD will be available, for
comments on the use of small area public inspection and copying between
Structural Supports for Highway Signs, FMRs (SAFMRs) for the HCV program
Luminaires and Traffic Signals, 6th 8 a.m. and 5 p.m. weekdays at the above
within certain metropolitan areas. Small address. Due to security measures at the
Edition, AASHTO 2013. areas FMRs vary by ZIP code and
(2) American Welding Society (AWS), HUD Headquarters building, an advance
support a greater range of payment appointment to review the public
8669 NW 36 Street, # 130 Miami, FL standards than can be achieved under
33166–6672; www.aws.org; or (800) comments must be scheduled by calling
existing regulations. the Regulations Division at (202) 708–
443–9353 or (305) 443–9353.
(i) D1.4/D1.4M: 2011 Structural DATES: Comments Due Date: July 2, 3055 (this is not a toll-free number).
Welding Code—Reinforcing Steel, 2015. Copies of all comments submitted are
American Welding Society, 2011. available for inspection and
(ii) [Reserved] ADDRESSES: Interested persons are
downloading at http://
invited to submit comments to the
[FR Doc. 2015–13097 Filed 6–1–15; 8:45 am] www.regulations.gov.
Office of the General Counsel, Rules
BILLING CODE 4910–22–P Docket Clerk, Department of Housing FOR FURTHER INFORMATION CONTACT:
and Urban Development, 451 Seventh Marie L. Lihn, Senior Economist,
Street SW., Room 10276, Washington, Economic Market Analysis Division,
DEPARTMENT OF HOUSING AND DC 20410–0001. Communications Office of Economic Affairs, Office of
URBAN DEVELOPMENT should refer to the above docket number Policy Development and Research, U.S.
and title and should contain the Department of Housing and Urban
24 CFR Part 888 information specified in the ‘‘Request Development, 451 7th Street SW.,
[Docket No. FR–5855–A–01] for Comments’’ section. There are two Washington, DC 20410, telephone (202)
methods for submitting public 402–5866; email: marie.l.lihn@hud.gov.
RIN 2501–AD74
comments. Hearing- or speech-impaired persons
Establishing a More Effective Fair 1. Submission of Comments by Mail. may use the Telecommunications
Market Rent (FMR) System; Using Comments may be submitted by mail to Devices for the Deaf (TTY) by contacting
Small Area Fair Market Rents the Regulations Division, Office of the Federal Relay Service at 1–800–877–
(SAFMRs) in Housing Choice Voucher General Counsel, Department of 8339. (Other than the ‘‘800’’ TTY
Program Instead of the Current 50th Housing and Urban Development, 451 number, telephone numbers are not toll
Percentile FMRs; Advanced Notice of 7th Street SW., Room 10276, free.)
Proposed Rulemaking Washington, DC 20410–0500. Due to Electronic Data Availability. This
security measures at all federal agencies, Federal Register notice will be available
AGENCY: Office of the Assistant electronically from the HUD User page
however, submission of comments by
Secretary for Policy Development and at http://www.huduser.org/datasets/
mail often results in delayed delivery.
Research, HUD. fmr.html. Federal Register notices also
To ensure timely receipt of comments,
ACTION: Advanced notice of proposed HUD recommends that comments are available electronically from http://
rulemaking. submitted by mail be submitted at least www.gpoaccess.gov/fr/index.html, the
SUMMARY: Section 8(c)(1) of the United two weeks in advance of the public U.S. Government Publishing Office Web
States Housing Act of 1937 (USHA) comment deadline. site. SAFMRs based on Final Fiscal Year
requires HUD to publish Fair Market 2. Electronic Submission of (FY) 2015 Metropolitan Area Rents are
Rents (FMRs) periodically, but not less Comments. Interested persons may available in Microsoft Excel format at
than annually, adjusted to be effective submit comments electronically through the same HUD web address http://
on October 1 of each year. Some the Federal eRulemaking Portal at www.huduser.org/portal/datasets/fmr/
examples of uses of FMRs are to http://www.regulations.gov. HUD smallarea/index.html.
determine payment standard amounts strongly encourages commenters to SUPPLEMENTARY INFORMATION:
for the Housing Choice Voucher (HCV) submit comments electronically.
I. Background
program, to establish a limit on the Electronic submission of comments
amount of rent to owner for project- allows the commenter maximum time to HUD’s HCV program helps low-
based vouchers, to determine initial and prepare and submit a comment, ensures income households obtain standard
tkelley on DSK3SPTVN1PROD with PROPOSALS
renewal rents for some new and timely receipt by HUD, and enables rental housing and reduces the share of
expiring project-based Section 8 HUD to make comments immediately their income that goes toward rent.
contracts, to determine initial rents for available to the public. Comments Vouchers issued under the HCV
housing assistance payment (HAP) submitted electronically through the program provide subsidies that allow
contracts in the Moderate Rehabilitation http://www.regulations.gov Web site can individuals and families to rent eligible
Single Room Occupancy program (Mod be viewed by other commenters and units in the private market. A key
Rehab), and to serve as a rent ceiling in interested members of the public. parameter in operating the HCV
the HOME rental assistance program. Commenters should follow instructions program is the FMR.
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Document Created: 2015-12-15 15:12:37
Document Modified: 2015-12-15 15:12:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NRPM); request for comments. | |
| Dates | Comments must be received on or before July 2, 2015. Late comments will be considered to the extent practicable. | |
| Contact | Mr. Michael Matzke, Office of Program Administration (HIPA-20), (202) 366-4658, or via email at [email protected], or Mr. Robert Black, 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. | |
| FR Citation | 80 FR 31327 | |
| CFR Associated | Design Standards; Grant Programs-Transportation; Highways and Roads and Incorporation by Reference |
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