83_FR_22064 83 FR 21972 - Design Standards for Highways

83 FR 21972 - Design Standards for Highways

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range21972-21976
FR Document2018-09609

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and standard specifications previously adopted and incorporated by reference, and would remove the corresponding outdated or superseded versions of these standards and specifications. Use of the updated standards will be required for all NHS projects authorized to proceed with design activities on or after the effective date of the final rule.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21972-21976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09609]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 625

[Docket No. FHWA-2017-0001]
[RIN 2125-AF72]


Design Standards for Highways

AGENCY: Federal Highway Administration (FHWA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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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, and would remove the 
corresponding outdated or superseded versions of these standards and 
specifications. Use of the updated standards will be required for all 
NHS projects authorized to proceed with design activities on or after 
the effective date of the final rule.

DATES: Comments must be received on or before June 11, 2018. Late 
comments will be considered to the extent practicable.

ADDRESSES: You may submit comments by any 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.
    Instructions: All submissions must include the agency name, docket 
name, and docket number (FHWA-2017-001) or Regulatory Identification 
Number (RIN) for this rulemaking (2125-AF72). Note that all comments 
received will be posted without change to: http://www.regulations.gov, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Hilton, Office of 
Program Administration (HIPA-20), (512) 536-5970, or via email at 
[email protected], or Ms. Hannah Needleman, Office of the Chief 
Counsel (HCC-30), (202) 366-1345, 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 under the docket number noted 
above through the Federal eRulemaking portal at: http://www.regulations.gov. Electronic submission and retrieval help and 
guidelines are available on the website. It is available 24 hours each 
day, 365 days this year. Please follow the online instructions.
    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's website at: http://www.archives.gov/federal-register and the Government Publishing Office's website 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.
    Physical access to the Docket is available at the 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.

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

[[Page 21973]]

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 2016 edition of the 
AASHTO A Policy on Design Standards--Interstate System; the 2017 
edition of the AASHTO Standard Specifications for Transportation 
Materials and Methods of Sampling and Testing, and AASHTO Provisional 
Standards; the 2017 edition of the AASHTO Load and Resistance Factor 
Design (LRFD) Bridge Construction Specifications; the 2016 edition of 
the AASHTO/AWS D1.5M/D1.5: 2015 Bridge Welding Code; and the 2017 
edition of the AASHTO LRFD Bridge Design Specifications. The proposed 
revisions also include referencing the recent interim revisions of 
AASHTO's Standard Specifications for Structural Supports of Highway 
Signs, Luminaires, and Traffic Signals.
    The AASHTO is an organization that represents 52 State highway and 
transportation agencies (including the District of Columbia and Puerto 
Rico). Its members consist of the duly constituted heads and other 
chief officials of those agencies. The Secretary of Transportation is 
an ex-officio member, and DOT staff participates in various AASHTO 
activities as nonvoting representatives. Among other functions, AASHTO 
develops and issues standards, specifications, policies, guides, and 
related materials for use by the States for highway projects. Many of 
the standards, policies, and standard specifications that were approved 
by FHWA and incorporated into 23 CFR part 625 were developed and issued 
by AASHTO.
    While these adopted standards and specifications apply to all 
projects on the NHS (including the Interstate System), FHWA encourages 
the use of flexibility and a context-sensitive approach to consider a 
full range of project and user needs and the impacts to the community 
and natural and human environment. The FHWA also encourages State 
departments of transportation (State DOT) and local agencies to 
consider using design exceptions to achieve a design that balances 
project and user needs, performance, cost, environmental implications, 
and community values. These adopted design standards provide a range of 
acceptable values for highway features, and this flexibility should 
allow for a design that best suits the desires of the community while 
satisfying the purpose for the project and needs of its users.
    At a minimum, State DOTs and local agencies should select design 
values based on an evaluation of the context of the facility, needs of 
all the various project users, safety, mobility (i.e., traffic 
performance), human and natural environmental impacts, and project 
costs. For most situations, there is sufficient flexibility within the 
range of acceptable values to achieve a balanced design. However, when 
this is not possible, a design exception may be appropriate. State and 
local agencies may consider designs that deviate from the design 
standards when warranted based on the conditions, context, and 
consequences of the proposed projects. Additional information on FHWA's 
adopted design standards and design exceptions is available at: 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.

Discussion under 1 CFR part 51

    The documents that 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 and are currently in use by the 
transportation industry. The documents are also available for review at 
DOT's National Transportation Library or may be obtained from AASHTO or 
AWS. The specific standards are discussed in greater detail elsewhere 
in this preamble.

Section-by-Section Discussion of the Proposed Changes to 23 CFR 625

    The FHWA propose to remove the introductory text of Sec.  625.4. It 
is duplicative of information contained in paragraph (d) and does not 
meet Office of the Federal Register formatting requirements for 
incorporation by reference.
    The FHWA proposes to revise Sec.  625.4(a)(2) to replace the 
reference to the January 2005 edition of A Policy on Design Standards--
Interstate System with the May 2016 edition. This Policy is a 
comprehensive manual to assist State DOTs and local agencies in 
administrative, planning, and educational efforts pertaining to design 
formulation for projects on the Dwight D. Eisenhower National System of 
Interstate and Defense Highways (Interstate). The AASHTO May 2016 
edition incorporates the latest research and current industry 
practices, and is applicable to new construction and reconstruction 
projects on the Interstate except in Alaska and Puerto Rico (23 U.S.C. 
103(c)(1)(B)(ii)). Resurfacing, restoration, and rehabilitation 
projects must meet the Interstate standards that were in place at the 
time of original construction or inclusion into the Interstate System. 
The updated guide clarifies ambiguities in the prior edition and 
provides additional flexibility regarding the design traffic volumes to 
be accommodated. It increases the median width in rural areas to reduce 
cross-median crashes and adds recommendations about extended access 
control and multimodal considerations at interchanges. Basic criteria 
for other geometric design standards remain essentially the same. The 
Agency considers the changes made in the 2016 version minor in nature.
    With respect to the design standards and standards specifications 
for bridges and structures under Sec.  625.4(b), FHWA 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 FHWA proposes to revise Sec.  625.4(b)(2) to incorporate by 
reference the current version of the revised AASHTO bridge construction 
specifications entitled LRFD Bridge Construction Specifications, 4th 
Edition. These specifications, which are intended for use in the 
construction of bridges, employ the LRFD methodology and are designed 
to be used in conjunction with the below referenced AASHTO LRFD Bridge 
Design Specifications. Changes in the 4th Edition reflect the latest 
research and developments, and specifications promulgated by AASHTO.
    The FHWA proposes to revise Sec.  625.4(b)(3) to incorporate by 
reference the current version of the revised

[[Page 21974]]

AASHTO bridge design specifications entitled AASHTO LRFD Bridge Design 
Specifications, 8th Edition. The AASHTO LRFD Bridge Design 
Specifications are intended for use in the design, evaluation, and 
rehabilitation of bridges, and are mandated by the FHWA for use on all 
bridges using Federal funding. These Specifications employ the LRFD 
methodology using factors developing from current statistical knowledge 
of loads and structural performance. Changes in the 8th Edition reflect 
the latest research, developments, and specifications promulgated by 
AASHTO.
    The FHWA proposes to make a minor editorial correction to the 
reference to the LRFD Movable Highway Bridge Design Specifications 
referenced in paragraph Sec.  625.4(b)(4) to change ``including'' to 
``with'' when citing the Interim Revisions.
    The FHWA proposes to revise Sec.  625.4(b)(5) to incorporate by 
reference the current version of the revised AASHTO bridge welding code 
entitled AASHTO/AWS D1.5M/D1.5: 2015 Bridge Welding Code, 7th Edition; 
AASHTO, 2016. This document covers AASHTO welding requirements for 
welded highway bridges made from carbon and low-alloy construction 
steels. Chapters cover design of welded connections, workmanship, 
technique, procedure and performance qualification, inspection, and 
stud welding. Changes in the 7th Edition reflect the latest research, 
developments, and specifications promulgated by AASHTO and AWS.
    The FHWA proposes to revise Sec.  625.4(b)(7) to incorporate by 
reference the current version of the revised AASHTO structural support 
specification entitled Standard Specifications for Structural Supports 
for Highway Sign, Luminaires, and Traffic Signals, 6th Edition, AASHTO, 
2013, with 2015 Interim Revisions. These Standards are applicable to 
the structural design of supports for highway signs, luminaires, and 
traffic signals. The Standards are intended to serve as a standard and 
guide for the design, fabrication, and erection of these types of 
supports. Changes in the 2015 Interim Revisions reflect the latest 
research, developments, and specifications promulgated by AASHTO.
    The FHWA proposes to revise Sec.  625.4(c)(2) to incorporate by 
reference the current version of the revised AASHTO sampling and 
testing specification entitled Standard Specifications for 
Transportation Materials and Methods of Sampling and Testing, and 
AASHTO Provisional Standards, AASHTO, 2017. These Standards contain 
specifications, test methods, and provisional standards commonly used 
in the construction of highway facilities. This edition of the standard 
specifications will replace those adopted by AASHTO in 1995. Changes in 
the 2016 standard specifications reflect current materials and testing 
technologies and practices.
    The FHWA proposes to revise Sec.  625.4(c)(3) to update the title 
and cross-reference of the referenced regulation to ``Quality Assurance 
Procedures for Construction.''
    Use of the updated standards will be required for all NHS projects 
authorized to proceed with design activities on or after the effective 
date of the final rule, subject to the exceptions in 23 CFR 625.3(f).

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 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), Executive Order 
13771 (Reducing Regulation and Controlling Regulatory Costs), and USDOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action does not constitute a 
significant regulatory action within the meaning of Executive Order 
(E.O.) 12866 or within the meaning of DOT regulatory policies and 
procedures. The 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. 
In addition, this action complies with the principles of E.O. 13563. 
After evaluating the costs and benefits of these proposed amendments, 
FHWA anticipates that the economic impact of this rulemaking would be 
minimal. These incremental changes are not anticipated to adversely 
affect, in any material way, any sector of the economy. In addition, 
these changes will not create a serious inconsistency with any other 
agency's action or materially alter the budgetary impact of any 
entitlements, grants, user fees, or loan programs. These updated 
standards and specifications represent the most recent refinements that 
professional organizations have formally accepted. The FHWA anticipates 
that the economic impact of this rulemaking will be minimal; therefore, 
a full regulatory evaluation is not necessary. Finally, this proposed 
rule is not an E.O. 13771 regulatory action because it is not 
significant under E.O. 12866.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354; 
5 U.S.C. 60l-612), FHWA has evaluated the effects of this 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 $155 
million or more in any 1 year (when adjusted for inflation) in 2014 
dollars for either State, local, and Tribal governments in the 
aggregate, or by the private sector. 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,

[[Page 21975]]

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 proposed rule in accordance with the 
principles and criteria contained in E.O. 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 E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities apply to this program. 
This E.O. 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 EO13175, 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 E.O. 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 E.O. and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. Therefore, a Statement of Energy Effects is not required.

Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this proposed rule under E.O. 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 E.O. 12630.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    The FHWA has analyzed this proposed action under E.O. 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 E.O. 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 Regulation Identifier Number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR part 625: Design standards, Grant 
programs-transportation, Highways and roads, Incorporation by 
reference.

    Issued on: April 30, 2018.
Brandye L. Hendrickson,
Acting Administrator, Federal Highway Administration.
    In consideration of the foregoing, FHWA proposes to amend 23 CFR 
part 625 as follows:

PART 625--DESIGN STANDARDS FOR HIGHWAYS

0
1. The authority citation for part 625 continues to read as follows:

    Authority:  23 U.S.C. 109, 315, and 402; Sec. 1073 of Pub. L. 
102-240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n).
0
2. Amend Sec.  625.4 by;
0
a. Removing the introductory text;
0
b. Revising paragraphs (a)(2), (b)(2) through (5), (7), (c)(2) and (3), 
(d)(1)(ii), (iv) through (viii);
0
c. Adding paragraph (d)(1)(ix), and
0
d. Revising the introductory text of (d)(2).
    The revision and additions read as follows:


Sec.  625.4  Standards, policies, and standard specifications.

    (a) * * *
    (2) A Policy on Design Standards--Interstate System, AASHTO, May 
2016 (incorporated by reference; see Sec.  625.4(d)).
* * * * *
    (b) * * *
    (2) AASHTO LRFD Bridge Construction Specifications, 4th Edition, 
AASHTO, 2017 (incorporated by reference; see Sec.  625.4(d)).
    (3) AASHTO LRFD Bridge Design Specifications, 8th Edition, AASHTO,

[[Page 21976]]

2017 (incorporated by reference; see Sec.  625.4(d)).
    (4) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd 
Edition, AASHTO, 2007, with 2008, 2010, 2011, 2012, 2014, and 2015 
Interim Revisions, (incorporated by reference; see Sec.  625.4(d)).
    (5) AASHTO/AWS D1.5M/D1.5:2015 Bridge Welding Code, 7th Edition, 
AASHTO, 2016 (incorporated by reference; see Sec.  625.4(d)).
* * * * *
    (7) Standard Specifications for Structural Supports for Highway 
Signs, Luminaires, and Traffic Signals, 6th Edition, AASHTO, 2013, with 
2015 Interim Revisions (incorporated by reference; see Sec.  625.4(d)).
* * * * *
    (c) Materials.
* * * * *
    (2) Standard Specifications for Transportation Materials and 
Methods of Sampling and Testing, and AASHTO Provisional Standards, 
AASHTO, 2017. (incorporated by reference, see Sec.  625.4(d)(1)).
    (3) Quality Assurance Procedures for Construction, refer to 23 CFR 
part 637, subpart B.
    (d) * * *
    (1) * * *
    (ii) A Policy on Design Standards--Interstate System, May 2016.
* * * * *
    (iv) AASHTO LRFD Bridge Construction Specifications, 4th Edition, 
2017.
    (v) AASHTO LRFD Bridge Design Specifications, 8th Edition, 2017.
    (vi) AASHTO LRFD Movable Highway Bridge Design Specifications, 2nd 
Edition, 2007; with 2008, 2010, 2011, 2012, 2014, and 2015 Interim 
Revisions.
    (vii) AASHTO/AWS D1.5M/D1.5: 2015 Bridge Welding Code, 7th Edition, 
2016.
    (viii) Standard Specifications for Structural Supports for Highway 
Signs, Luminaires, and Traffic Signals, 6th Edition, 2013; with 2015 
Interim Revisions.
    (ix) Standard Specifications for Transportation Materials and 
Methods of Sampling and Testing, and AASHTO Provisional Standards, 
AASHTO, 2017.
    (2) American Welding Society (AWS), 8669 NW 36 Street, # 130 Miami, 
FL 33166-6672; www.aws.org; or (800) 443-9353 or (305) 443-9353.
* * * * *
[FR Doc. 2018-09609 Filed 5-10-18; 8:45 am]
 BILLING CODE 4910-22-P



                                                  21972                         Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules

                                                  Procedures’’ prior to any FAA final                          Issued in Seattle, Washington, on May 4,               Instructions: All submissions must
                                                  regulatory action.                                         2018.                                                 include the agency name, docket name,
                                                                                                             Byron G. Chew,                                        and docket number (FHWA–2017–001)
                                                  List of Subjects in 14 CFR Part 71                         Acting Manager, Operations Support Group,             or Regulatory Identification Number
                                                                                                             Western Service Center.                               (RIN) for this rulemaking (2125–AF72).
                                                   Airspace, Incorporation by reference,
                                                  Navigation (air).                                          [FR Doc. 2018–09986 Filed 5–10–18; 8:45 am]           Note that all comments received will be
                                                                                                             BILLING CODE 4910–13–P                                posted without change to: http://
                                                  The Proposed Amendment                                                                                           www.regulations.gov, including any
                                                                                                                                                                   personal information provided.
                                                    Accordingly, pursuant to the                             DEPARTMENT OF TRANSPORTATION                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                  authority delegated to me, the Federal
                                                                                                                                                                   Elizabeth Hilton, Office of Program
                                                  Aviation Administration proposes to                        Federal Highway Administration
                                                                                                                                                                   Administration (HIPA–20), (512) 536–
                                                  amend 14 CFR part 71 as follows:                                                                                 5970, or via email at Elizabeth.Hilton@
                                                                                                             23 CFR Part 625
                                                                                                                                                                   dot.gov, or Ms. Hannah Needleman,
                                                  PART 71—DESIGNATION OF CLASS A,
                                                                                                             [Docket No. FHWA–2017–0001]                           Office of the Chief Counsel (HCC–30),
                                                  B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                             [RIN 2125–AF72]
                                                                                                                                                                   (202) 366–1345, or via email at
                                                  TRAFFIC SERVICE ROUTES; AND                                                                                      Hannah.Needleman@dot.gov. Office
                                                  REPORTING POINTS                                                                                                 hours are from 8:00 a.m. to 4:30 p.m.,
                                                                                                             Design Standards for Highways
                                                                                                                                                                   e.t., Monday through Friday, except
                                                  ■ 1. The authority citation for 14 CFR                     AGENCY: Federal Highway                               Federal holidays.
                                                  part 71 continues to read as follows:                      Administration (FHWA), U.S.                           SUPPLEMENTARY INFORMATION:
                                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,              Department of Transportation (DOT).
                                                  40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               ACTION: Notice of proposed rulemaking                 Electronic Access and Filing
                                                  1959–1963 Comp., p. 389.                                   (NPRM); request for comments.                            This document may be viewed online
                                                                                                                                                                   under the docket number noted above
                                                  § 71.1       [Amended]                                     SUMMARY:   The FHWA requests
                                                                                                                                                                   through the Federal eRulemaking portal
                                                                                                             comments on a proposed revision to
                                                  ■ 2. The incorporation by reference in                                                                           at: http://www.regulations.gov.
                                                                                                             design standards and standard
                                                  14 CFR 71.1 of FAA Order 7400.11B,                                                                               Electronic submission and retrieval help
                                                                                                             specifications that applies to new
                                                  Airspace Designations and Reporting                                                                              and guidelines are available on the
                                                                                                             construction, reconstruction, resurfacing
                                                  Points, dated August 3, 2017, and                                                                                website. It is available 24 hours each
                                                                                                             (except for maintenance resurfacing),
                                                  effective September 15, 2017, is                                                                                 day, 365 days this year. Please follow
                                                                                                             restoration, and rehabilitation projects
                                                  amended as follows:                                                                                              the online instructions.
                                                                                                             on the National Highway System (NHS).
                                                                                                                                                                      An electronic copy of this document
                                                  Paragraph 6002 Class E Airspace Areas                      The proposed rule would incorporate by
                                                                                                                                                                   may also be downloaded from the Office
                                                  Designated as Surface Areas.                               reference the latest versions of design
                                                                                                                                                                   of the Federal Register’s website at:
                                                                                                             standards and standard specifications
                                                  *        *      *       *      *                                                                                 http://www.archives.gov/federal-register
                                                                                                             previously adopted and incorporated by
                                                                                                                                                                   and the Government Publishing Office’s
                                                  ANM WY E2           Kemmerer, WY [Amended]                 reference, and would remove the
                                                                                                                                                                   website at: http://www.gpo.gov/fdsys. In
                                                  Kemmerer Municipal Airport, WY                             corresponding outdated or superseded
                                                                                                                                                                   accordance with 5 U.S.C. 553(c), DOT
                                                    (Lat. 41°49′27″ N, long. 110°33′25″ W)                   versions of these standards and
                                                                                                                                                                   solicits comments from the public to
                                                                                                             specifications. Use of the updated
                                                    Within a 4.3-mile radius of Kemmerer                                                                           better inform its rulemaking process.
                                                                                                             standards will be required for all NHS
                                                  Municipal Airport, and within 1.8-miles each                                                                     The DOT posts these comments,
                                                                                                             projects authorized to proceed with
                                                  side of the 354° bearing from the airport                                                                        without edit, including any personal
                                                                                                             design activities on or after the effective
                                                  extending from the 4.3-mile radius of the                                                                        information the commenter provides, to
                                                                                                             date of the final rule.
                                                  airport to 7.7 miles north of the airport.                                                                       www.regulations.gov, as described in
                                                                                                             DATES: Comments must be received on                   the system of records notice (DOT/ALL–
                                                  Paragraph 6005 Class E Airspace Areas                      or before June 11, 2018. Late comments
                                                  Extending Upward From 700 Feet or More                                                                           14 FDMS), which can be viewed at:
                                                                                                             will be considered to the extent                      www.dot.gov/privacy.
                                                  Above the Surface of the Earth.                            practicable.                                             Physical access to the Docket is
                                                  *        *      *       *      *                                                                                 available at the U.S. Department of
                                                                                                             ADDRESSES:  You may submit comments
                                                  ANM WY E5           Kemmerer, WY [Amended]                 by any of the following methods:                      Transportation, Docket Operations, M–
                                                  Kemmerer Municipal Airport, WY                               • Fax: 1–202–493–2251;                              30, West Building Ground Floor, Room
                                                    (Lat. 41°49′27″ N, long. 110°33′25″ W)                     • Mail: U.S. Department of                          W12–140, 1200 New Jersey Avenue SE,
                                                                                                             Transportation, Docket Operations, M–                 Washington, DC 20950, between 9 a.m.
                                                    That airspace extending upward from 700
                                                                                                             30, West Building Ground Floor, Room                  and 5 p.m., Monday through Friday,
                                                  feet above the surface within a 4.3-mile
                                                                                                             W12–140, 1200 New Jersey Avenue SE                    except Federal holidays.
                                                  radius of Kemmerer Municipal Airport from
                                                                                                             Washington, DC 20590;
                                                  the airport 035° bearing clockwise to the
                                                                                                               • Hand Delivery: U.S. Department of                 Background
                                                  airport 006° bearing, and within a 9.5-mile
                                                                                                             Transportation, Docket Operations,                       The FHWA proposes to modify its
                                                  radius of the airport from the airport 006°
                                                                                                             West Building Ground Floor, Room                      regulations governing new construction,
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                                                  bearing clockwise to the airport 035° bearing,
                                                                                                             W12–140, 1200 New Jersey Avenue SE                    reconstruction, resurfacing (except for
                                                  and within 2.2 miles each side of the 354°
                                                  bearing from the airport extending from the
                                                                                                             Washington, DC 20590, between 9 a.m.                  maintenance resurfacing), restoration,
                                                  4.3-mile radius of the airport to 15.9 miles               and 5 p.m., Monday through Friday,                    and rehabilitation projects on the NHS
                                                  north of the airport, and within 2.2 miles                 except Federal holidays; or                           (including the Interstate System), by
                                                  each side of the 172° bearing from the airport               • Electronically through the Federal                incorporating by reference the current
                                                  extending from the 4.3-mile radius of the                  eRulemaking Portal: http://                           versions of design standards and
                                                  airport to 7.4 miles south of the airport.                 www.regulations.gov. Follow the online                standard specifications previously
                                                                                                             instructions for submitting comments.                 adopted and incorporated by reference


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                                                                             Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules                                           21973

                                                  under 23 CFR 625.4, and removing the                    transportation (State DOT) and local                  the January 2005 edition of A Policy on
                                                  outdated or superseded versions of                      agencies to consider using design                     Design Standards—Interstate System
                                                  these standards and specifications.                     exceptions to achieve a design that                   with the May 2016 edition. This Policy
                                                  Several of these design standards and                   balances project and user needs,                      is a comprehensive manual to assist
                                                  standard specifications were established                performance, cost, environmental                      State DOTs and local agencies in
                                                  by the American Association of State                    implications, and community values.                   administrative, planning, and
                                                  Highway and Transportation Officials                    These adopted design standards provide                educational efforts pertaining to design
                                                  (AASHTO) and the American Welding                       a range of acceptable values for highway              formulation for projects on the Dwight
                                                  Society (AWS) and were previously                       features, and this flexibility should                 D. Eisenhower National System of
                                                  adopted by FHWA through rulemaking.                     allow for a design that best suits the                Interstate and Defense Highways
                                                  The new standards or specifications                     desires of the community while                        (Interstate). The AASHTO May 2016
                                                  replace previous versions of these                      satisfying the purpose for the project                edition incorporates the latest research
                                                  documents and represent the most                        and needs of its users.                               and current industry practices, and is
                                                  recent refinements that professional                       At a minimum, State DOTs and local                 applicable to new construction and
                                                  organizations have formally accepted.                   agencies should select design values                  reconstruction projects on the Interstate
                                                  After review of the various standards                   based on an evaluation of the context of              except in Alaska and Puerto Rico (23
                                                  and specifications, FHWA proposes to                    the facility, needs of all the various                U.S.C. 103(c)(1)(B)(ii)). Resurfacing,
                                                  adopt them for NHS projects.                            project users, safety, mobility (i.e.,                restoration, and rehabilitation projects
                                                     The proposed revisions include                       traffic performance), human and natural               must meet the Interstate standards that
                                                  referencing the 2016 edition of the                     environmental impacts, and project                    were in place at the time of original
                                                  AASHTO A Policy on Design                               costs. For most situations, there is                  construction or inclusion into the
                                                  Standards—Interstate System; the 2017                   sufficient flexibility within the range of            Interstate System. The updated guide
                                                  edition of the AASHTO Standard                          acceptable values to achieve a balanced               clarifies ambiguities in the prior edition
                                                  Specifications for Transportation                       design. However, when this is not                     and provides additional flexibility
                                                  Materials and Methods of Sampling and                   possible, a design exception may be                   regarding the design traffic volumes to
                                                  Testing, and AASHTO Provisional                         appropriate. State and local agencies                 be accommodated. It increases the
                                                  Standards; the 2017 edition of the                      may consider designs that deviate from                median width in rural areas to reduce
                                                  AASHTO Load and Resistance Factor                       the design standards when warranted                   cross-median crashes and adds
                                                  Design (LRFD) Bridge Construction                       based on the conditions, context, and                 recommendations about extended
                                                  Specifications; the 2016 edition of the                 consequences of the proposed projects.                access control and multimodal
                                                  AASHTO/AWS D1.5M/D1.5: 2015                             Additional information on FHWA’s                      considerations at interchanges. Basic
                                                  Bridge Welding Code; and the 2017                       adopted design standards and design                   criteria for other geometric design
                                                  edition of the AASHTO LRFD Bridge                       exceptions is available at: http://                   standards remain essentially the same.
                                                  Design Specifications. The proposed                     www.fhwa.dot.gov/design/standards                     The Agency considers the changes made
                                                  revisions also include referencing the                  and in FHWA’s publication titled                      in the 2016 version minor in nature.
                                                  recent interim revisions of AASHTO’s                    Mitigation Strategies for Design                         With respect to the design standards
                                                  Standard Specifications for Structural                  Exceptions, available at: http://                     and standards specifications for bridges
                                                  Supports of Highway Signs, Luminaires,                  safety.fhwa.dot.gov/geometric/pubs/                   and structures under § 625.4(b), FHWA
                                                  and Traffic Signals.                                    mitigationstrategies/fhwa_sa_07011.pdf.               generally proposes to adopt the current
                                                     The AASHTO is an organization that                                                                         versions of the standards and
                                                  represents 52 State highway and                         Discussion under 1 CFR part 51                        specifications it has previously adopted
                                                  transportation agencies (including the                     The documents that FHWA proposes                   from AASHTO and AWS. The updated
                                                  District of Columbia and Puerto Rico).                  to incorporate by reference are                       documents contain changes that
                                                  Its members consist of the duly                         reasonably available to interested                    represent discoveries or improvements
                                                  constituted heads and other chief                       parties, primarily State DOTs and local               in the state-of-the-knowledge and
                                                  officials of those agencies. The Secretary              agencies carrying out Federal-aid                     practices of State DOTs and local
                                                  of Transportation is an ex-officio                      highway projects. These documents                     agencies that have occurred since the
                                                  member, and DOT staff participates in                   represent the most recent refinements                 previous standards and specifications
                                                  various AASHTO activities as nonvoting                  that professional organizations have                  were incorporated by reference into 23
                                                  representatives. Among other functions,                 formally accepted and are currently in                CFR part 625.
                                                  AASHTO develops and issues                              use by the transportation industry. The                  The FHWA proposes to revise
                                                  standards, specifications, policies,                    documents are also available for review               § 625.4(b)(2) to incorporate by reference
                                                  guides, and related materials for use by                at DOT’s National Transportation                      the current version of the revised
                                                  the States for highway projects. Many of                Library or may be obtained from                       AASHTO bridge construction
                                                  the standards, policies, and standard                   AASHTO or AWS. The specific                           specifications entitled LRFD Bridge
                                                  specifications that were approved by                    standards are discussed in greater detail             Construction Specifications, 4th
                                                  FHWA and incorporated into 23 CFR                       elsewhere in this preamble.                           Edition. These specifications, which are
                                                  part 625 were developed and issued by                                                                         intended for use in the construction of
                                                  AASHTO.                                                 Section-by-Section Discussion of the                  bridges, employ the LRFD methodology
                                                     While these adopted standards and                    Proposed Changes to 23 CFR 625                        and are designed to be used in
                                                  specifications apply to all projects on                   The FHWA propose to remove the                      conjunction with the below referenced
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                                                  the NHS (including the Interstate                       introductory text of § 625.4. It is                   AASHTO LRFD Bridge Design
                                                  System), FHWA encourages the use of                     duplicative of information contained in               Specifications. Changes in the 4th
                                                  flexibility and a context-sensitive                     paragraph (d) and does not meet Office                Edition reflect the latest research and
                                                  approach to consider a full range of                    of the Federal Register formatting                    developments, and specifications
                                                  project and user needs and the impacts                  requirements for incorporation by                     promulgated by AASHTO.
                                                  to the community and natural and                        reference.                                               The FHWA proposes to revise
                                                  human environment. The FHWA also                          The FHWA proposes to revise                         § 625.4(b)(3) to incorporate by reference
                                                  encourages State departments of                         § 625.4(a)(2) to replace the reference to             the current version of the revised


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                                                  21974                      Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules

                                                  AASHTO bridge design specifications                     Testing, and AASHTO Provisional                       anticipates that the economic impact of
                                                  entitled AASHTO LRFD Bridge Design                      Standards, AASHTO, 2017. These                        this rulemaking would be minimal.
                                                  Specifications, 8th Edition. The                        Standards contain specifications, test                These incremental changes are not
                                                  AASHTO LRFD Bridge Design                               methods, and provisional standards                    anticipated to adversely affect, in any
                                                  Specifications are intended for use in                  commonly used in the construction of                  material way, any sector of the
                                                  the design, evaluation, and                             highway facilities. This edition of the               economy. In addition, these changes
                                                  rehabilitation of bridges, and are                      standard specifications will replace                  will not create a serious inconsistency
                                                  mandated by the FHWA for use on all                     those adopted by AASHTO in 1995.                      with any other agency’s action or
                                                  bridges using Federal funding. These                    Changes in the 2016 standard                          materially alter the budgetary impact of
                                                  Specifications employ the LRFD                          specifications reflect current materials              any entitlements, grants, user fees, or
                                                  methodology using factors developing                    and testing technologies and practices.               loan programs. These updated standards
                                                  from current statistical knowledge of                      The FHWA proposes to revise                        and specifications represent the most
                                                  loads and structural performance.                       § 625.4(c)(3) to update the title and                 recent refinements that professional
                                                  Changes in the 8th Edition reflect the                  cross-reference of the referenced                     organizations have formally accepted.
                                                  latest research, developments, and                      regulation to ‘‘Quality Assurance                     The FHWA anticipates that the
                                                  specifications promulgated by                           Procedures for Construction.’’                        economic impact of this rulemaking will
                                                  AASHTO.                                                    Use of the updated standards will be               be minimal; therefore, a full regulatory
                                                     The FHWA proposes to make a minor                    required for all NHS projects authorized              evaluation is not necessary. Finally, this
                                                  editorial correction to the reference to                to proceed with design activities on or               proposed rule is not an E.O. 13771
                                                  the LRFD Movable Highway Bridge                         after the effective date of the final rule,           regulatory action because it is not
                                                  Design Specifications referenced in                     subject to the exceptions in 23 CFR                   significant under E.O. 12866.
                                                  paragraph § 625.4(b)(4) to change                       625.3(f).
                                                  ‘‘including’’ to ‘‘with’’ when citing the                                                                     Regulatory Flexibility Act
                                                                                                          Rulemaking Analyses and Notices
                                                  Interim Revisions.                                                                                               In compliance with the Regulatory
                                                     The FHWA proposes to revise                             All comments received before the                   Flexibility Act (Pub. L. 96–354; 5 U.S.C.
                                                  § 625.4(b)(5) to incorporate by reference               close of business on the comment                      60l–612), FHWA has evaluated the
                                                  the current version of the revised                      closing date indicated above will be                  effects of this proposed rule on small
                                                  AASHTO bridge welding code entitled                     considered and will be available for                  entities, such as local governments and
                                                  AASHTO/AWS D1.5M/D1.5: 2015                             examination in the docket at the above                businesses. Based on the evaluation,
                                                  Bridge Welding Code, 7th Edition;                       address. Comments received after the                  FHWA anticipates that this action
                                                  AASHTO, 2016. This document covers                      comment closing date will be filed in                 would not have a significant economic
                                                  AASHTO welding requirements for                         the docket and will be considered to the              impact on a substantial number of small
                                                  welded highway bridges made from                        extent practicable. In addition to late               entities. The proposed amendments
                                                  carbon and low-alloy construction                       comments, FHWA will also continue to                  would update several industry design
                                                  steels. Chapters cover design of welded                 file relevant information in the docket               standards and standard specifications
                                                  connections, workmanship, technique,                    as it becomes available after the                     adopted and incorporated by reference
                                                  procedure and performance                               comment period closing date, and                      under 23 CFR part 625. The FHWA
                                                  qualification, inspection, and stud                     interested persons should continue to                 believes the projected impact upon
                                                  welding. Changes in the 7th Edition                     examine the docket for new material. A                small entities that utilize Federal-aid
                                                  reflect the latest research,                            final rule may be published at any time               highway program funding for the
                                                  developments, and specifications                        after close of the comment period and                 development of highway improvement
                                                  promulgated by AASHTO and AWS.                          after DOT has had the opportunity to                  projects on the NHS would be
                                                     The FHWA proposes to revise                          review the comments submitted.                        negligible. Therefore, I certify that the
                                                  § 625.4(b)(7) to incorporate by reference                                                                     proposed action would not have a
                                                                                                          Executive Order 12866 (Regulatory
                                                  the current version of the revised                                                                            significant economic impact on a
                                                                                                          Planning and Review), Executive Order
                                                  AASHTO structural support                                                                                     substantial number of small entities.
                                                                                                          13563 (Improving Regulation and
                                                  specification entitled Standard
                                                  Specifications for Structural Supports                  Regulatory Review), Executive Order                   Unfunded Mandates Reform Act of
                                                  for Highway Sign, Luminaires, and                       13771 (Reducing Regulation and                        1995
                                                  Traffic Signals, 6th Edition, AASHTO,                   Controlling Regulatory Costs), and                       The FHWA has determined that this
                                                  2013, with 2015 Interim Revisions.                      USDOT Regulatory Policies and                         NPRM would not impose unfunded
                                                  These Standards are applicable to the                   Procedures                                            mandates as defined by the Unfunded
                                                  structural design of supports for                         The FHWA has determined that this                   Mandates Reform Act of 1995 (Pub. L.
                                                  highway signs, luminaires, and traffic                  action does not constitute a significant              104–4, March 22, 1995, 109 Stat. 48).
                                                  signals. The Standards are intended to                  regulatory action within the meaning of               The actions proposed in this NPRM
                                                  serve as a standard and guide for the                   Executive Order (E.O.) 12866 or within                would not result in the expenditure by
                                                  design, fabrication, and erection of these              the meaning of DOT regulatory policies                State, local, and Tribal governments, in
                                                  types of supports. Changes in the 2015                  and procedures. The proposed                          the aggregate, or by the private sector, of
                                                  Interim Revisions reflect the latest                    amendments would update several                       $155 million or more in any 1 year
                                                  research, developments, and                             industry design standards and standard                (when adjusted for inflation) in 2014
                                                  specifications promulgated by                           specifications adopted and incorporated               dollars for either State, local, and Tribal
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                                                  AASHTO.                                                 by reference under 23 CFR part 625 and                governments in the aggregate, or by the
                                                     The FHWA proposes to revise                          would remove the corresponding                        private sector. The FHWA will publish
                                                  § 625.4(c)(2) to incorporate by reference               outdated or superseded versions of                    a final analysis, including its response
                                                  the current version of the revised                      these standards and specifications. In                to public comments, when it publishes
                                                  AASHTO sampling and testing                             addition, this action complies with the               a final rule. In addition, the definition
                                                  specification entitled Standard                         principles of E.O. 13563. After                       of ‘‘Federal Mandate’’ in the Unfunded
                                                  Specifications for Transportation                       evaluating the costs and benefits of                  Mandates Reform Act excludes financial
                                                  Materials and Methods of Sampling and                   these proposed amendments, FHWA                       assistance of the type in which State,


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                                                                             Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules                                               21975

                                                  local, or Tribal governments have                       Executive Order 13175 (Tribal                         by identifying and addressing, as
                                                  authority to adjust their participation in              Consultation)                                         appropriate, disproportionately high
                                                  the program in accordance with changes                    The FHWA has analyzed this                          and adverse human health or
                                                  made in the program by the Federal                      proposed rule under EO13175, and                      environmental effects of its programs,
                                                  Government. The Federal-aid highway                     believes that it would not have                       policies, and activities on minorities
                                                  program permits this type of flexibility.               substantial direct effects on one or more             and low-income populations. The
                                                                                                          Indian Tribes, would not impose                       FHWA has determined that this rule
                                                  Executive Order 13132 (Federalism
                                                                                                          substantial direct compliance costs on                does not raise any environmental justice
                                                  Assessment)
                                                                                                          Indian Tribal governments, and would                  issues.
                                                    The FHWA has analyzed this                            not preempt Tribal law. This proposed
                                                  proposed rule in accordance with the                                                                          Regulation Identifier Number
                                                                                                          rule would not impose any direct
                                                  principles and criteria contained in E.O.               compliance requirements on Indian                        A Regulation Identifier Number (RIN)
                                                  13132. The FHWA has determined that                     Tribal governments nor would it have                  is assigned to each regulatory action
                                                  this action would not have sufficient                   any economic or other impacts on the                  listed in the Unified Agenda of Federal
                                                  federalism implications to warrant the                  viability of Indian Tribes. Therefore, a              Regulations. The Regulatory Information
                                                  preparation of a federalism assessment.                 Tribal summary impact statement is not                Service Center publishes the Unified
                                                  The FHWA has also determined that                       required.                                             Agenda in April and October of each
                                                  this action would not preempt any State                                                                       year. The RIN number contained in the
                                                  law or State regulation or affect the                   Executive Order 13211 (Energy Effects)                heading of this document can be used
                                                  States’ ability to discharge traditional                  The FHWA has analyzed this                          to cross-reference this action with the
                                                  State governmental functions.                           proposed rule under E.O. 13211,                       Unified Agenda.
                                                  Executive Order 12372                                   Actions Concerning Regulations that                   List of Subjects in 23 CFR part 625:
                                                  (Intergovernmental Review)                              Significantly Affect Energy Supply,                   Design standards, Grant programs-
                                                                                                          Distribution, or Use. The FHWA has                    transportation, Highways and roads,
                                                    The regulations implementing E.O.                     determined that this proposed action is
                                                  12372 regarding intergovernmental                                                                             Incorporation by reference.
                                                                                                          not a significant energy action under the
                                                  consultation on Federal programs and                    E.O. and is not likely to have a
                                                  activities apply to this program. This                                                                          Issued on: April 30, 2018.
                                                                                                          significant adverse effect on the supply,             Brandye L. Hendrickson,
                                                  E.O. applies because State and local                    distribution, or use of energy. Therefore,
                                                  governments would be directly affected                                                                        Acting Administrator, Federal Highway
                                                                                                          a Statement of Energy Effects is not                  Administration.
                                                  by the proposed regulation, which is a                  required.
                                                  condition on Federal highway funding.                                                                           In consideration of the foregoing,
                                                  Local entities should refer to the Catalog              Executive Order 12630 (Taking of                      FHWA proposes to amend 23 CFR part
                                                  of Federal Domestic Assistance Program                  Private Property)                                     625 as follows:
                                                  Number 20.205, Highway Planning and                       The FHWA has analyzed this
                                                  Construction, for further information.                                                                        PART 625—DESIGN STANDARDS FOR
                                                                                                          proposed rule under E.O. 12630,                       HIGHWAYS
                                                  Paperwork Reduction Act                                 Governmental Actions and Interference
                                                                                                          with Constitutionally Protected Property              ■ 1. The authority citation for part 625
                                                     Under the Paperwork Reduction Act                    Rights. The FHWA does not anticipate
                                                  of 1995 (PRA) (44 U.S.C. 3501, et seq.),                                                                      continues to read as follows:
                                                                                                          that this proposed action would effect a
                                                  Federal agencies must obtain approval                   taking of private property or otherwise                 Authority: 23 U.S.C. 109, 315, and 402;
                                                  from the Office of Management and                                                                             Sec. 1073 of Pub. L. 102–240, 105 Stat. 1914,
                                                                                                          have taking implications under E.O.                   2012; 49 CFR 1.48(b) and (n).
                                                  Budget for each collection of                           12630.
                                                  information they conduct, sponsor, or                                                                         ■ 2. Amend § 625.4 by;
                                                  require through regulations. The FHWA                   Executive Order 12988 (Civil Justice                  ■ a. Removing the introductory text;
                                                  has determined that the proposed rule                   Reform)                                               ■ b. Revising paragraphs (a)(2), (b)(2)
                                                  does not contain collection of                            This action meets applicable                        through (5), (7), (c)(2) and (3), (d)(1)(ii),
                                                  information requirements for the                        standards in sections 3(a) and 3(b)(2) of             (iv) through (viii);
                                                  purposes of the PRA.                                                                                          ■ c. Adding paragraph (d)(1)(ix), and
                                                                                                          E.O. 12988, Civil Justice Reform, to
                                                                                                                                                                ■ d. Revising the introductory text of
                                                  National Environmental Policy Act                       minimize litigation, eliminate
                                                                                                          ambiguity, and reduce burden.                         (d)(2).
                                                    The FHWA has analyzed this                                                                                     The revision and additions read as
                                                  proposed rule for the purposes of the                   Executive Order 13045 (Protection of                  follows:
                                                  National Environmental Policy Act                       Children)
                                                  (NEPA) (42 U.S.C. 4321, et seq.) and has                                                                      § 625.4 Standards, policies, and standard
                                                                                                            The FHWA has analyzed this                          specifications.
                                                  determined that this action would not                   proposed action under E.O. 13045,
                                                  have any effect on the quality of the                   Protection of Children from                              (a) * * *
                                                  human and natural environment                           Environmental Health Risks and Safety                    (2) A Policy on Design Standards—
                                                  because it only would make technical                    Risks. The FHWA certifies that this                   Interstate System, AASHTO, May 2016
                                                  changes and incorporate by reference                    proposed action would not cause an                    (incorporated by reference; see
                                                  the latest versions of design standards                                                                       § 625.4(d)).
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                                                                                                          environmental risk to health or safety
                                                  and standard specifications previously                  that may disproportionately affect                    *      *    *     *    *
                                                  adopted and incorporated by reference                   children.                                                (b) * * *
                                                  under 23 CFR part 625 and would                                                                                  (2) AASHTO LRFD Bridge
                                                  remove the corresponding outdated or                    Executive Order 12898 (Environmental                  Construction Specifications, 4th
                                                  superseded versions of these standards                  Justice)                                              Edition, AASHTO, 2017 (incorporated
                                                  and specifications. The proposed rule                     The E.O. 12898 requires that each                   by reference; see § 625.4(d)).
                                                  qualifies as a categorical exclusion to                 Federal Agency make achieving                            (3) AASHTO LRFD Bridge Design
                                                  NEPA under 23 CFR 771.117(c)(20).                       environmental justice part of its mission             Specifications, 8th Edition, AASHTO,


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                                                  21976                      Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Proposed Rules

                                                  2017 (incorporated by reference; see                    ENVIRONMENTAL PROTECTION                              consider comments or comment
                                                  § 625.4(d)).                                            AGENCY                                                contents located outside of the primary
                                                     (4) AASHTO LRFD Movable Highway                                                                            submission (i.e., on the web, cloud, or
                                                  Bridge Design Specifications, 2nd                       40 CFR Parts 52 and 81                                other file sharing system). For
                                                  Edition, AASHTO, 2007, with 2008,                       [EPA–R10–OAR–2017–0582; FRL–9977–                     additional submission methods, the full
                                                  2010, 2011, 2012, 2014, and 2015                        96—Region 10]                                         EPA public comment policy,
                                                  Interim Revisions, (incorporated by                                                                           information about CBI or multimedia
                                                  reference; see § 625.4(d)).                             Air Plan Approval; ID, Pinehurst PM10                 submissions, and general guidance on
                                                     (5) AASHTO/AWS D1.5M/D1.5:2015                       Redesignation, Limited Maintenance                    making effective comments, please visit
                                                  Bridge Welding Code, 7th Edition,                       Plan; West Silver Valley 2012 Annual                  http://www2.epa.gov/dockets/
                                                  AASHTO, 2016 (incorporated by                           PM2.5 Emission Inventory                              commenting-epa-dockets.
                                                  reference; see § 625.4(d)).                             AGENCY:  Environmental Protection                     FOR FURTHER INFORMATION CONTACT:
                                                  *       *    *    *     *                               Agency (EPA).                                         Justin Spenillo, Air Planning Unit,
                                                                                                                                                                Office of Air and Waste (OAW–150),
                                                     (7) Standard Specifications for                      ACTION: Proposed rule.
                                                                                                                                                                Environmental Protection Agency,
                                                  Structural Supports for Highway Signs,
                                                                                                          SUMMARY:   On September 29, 2017, the                 Region 10, 1200 Sixth Ave., Suite 900,
                                                  Luminaires, and Traffic Signals, 6th
                                                                                                          Idaho Department of Environmental                     Seattle, WA 98101; telephone number:
                                                  Edition, AASHTO, 2013, with 2015
                                                                                                          Quality (IDEQ) submitted a                            206–553–6125, email address:
                                                  Interim Revisions (incorporated by
                                                                                                          redesignation request and limited                     spenillo.justin@epa.gov.
                                                  reference; see § 625.4(d)).
                                                                                                          maintenance plan (LMP) for particulate                SUPPLEMENTARY INFORMATION:
                                                  *       *    *    *     *                               matter with an aerodynamic diameter                   Throughout this document, wherever
                                                     (c) Materials.                                       less than or equal to ten micrometers                 ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is
                                                  *       *    *    *     *                               (PM10) for the PM10 National Ambient                  intended to refer to the EPA.
                                                     (2) Standard Specifications for                      Air Quality Standard (NAAQS)
                                                                                                          developed for the Pinehurst PM10                      Table of Contents
                                                  Transportation Materials and Methods
                                                  of Sampling and Testing, and AASHTO                     Nonattainment Area (NAA) and                          I. This Action
                                                  Provisional Standards, AASHTO, 2017.                    Pinehurst PM10 Expansion                              II. Background
                                                  (incorporated by reference, see                         Nonattainment Area (NAA). The                            A. PM10 NAAQS
                                                                                                          redesignation request asserts that the                   B. Pinehurst PM10 NAA and Planning
                                                  § 625.4(d)(1)).                                                                                                     Background
                                                     (3) Quality Assurance Procedures for                 area meets the Clean Air Act (CAA)
                                                                                                                                                                III. Requirements for Redesignation
                                                  Construction, refer to 23 CFR part 637,                 requirements for redesignation                           A. CAA Requirements for Redesignation of
                                                  subpart B.                                              identified in section 107(d)(3)(E). This                    Nonattainment Area
                                                                                                          limited maintenance plan for these                       B. The LMP Option for PM10
                                                     (d) * * *                                            contiguous nonattainment areas                              Nonattainment Areas
                                                     (1) * * *                                            addresses maintenance of the PM10                        C. Conformity Under the LMP Option
                                                     (ii) A Policy on Design Standards—                   standard for a ten-year period beyond                 IV. Review of the Idaho Submittal
                                                  Interstate System, May 2016.                            redesignation. The Environmental                            Addressing the Requirements for
                                                  *       *    *    *     *                               Protection Agency (EPA) proposes to                         Redesignation and LMPs
                                                                                                          approve this IDEQ Implementation Plan                    A. Has the Pinehurst PM10 NAA attained
                                                     (iv) AASHTO LRFD Bridge                                                                                          the applicable NAAQS?
                                                  Construction Specifications, 4th                        (SIP) revision. The EPA also proposes to                 B. Does the Pinehurst PM10 NAA have a
                                                  Edition, 2017.                                          approve the September 15, 2013, high                        fully approved SIP under section 110(k)
                                                     (v) AASHTO LRFD Bridge Design                        wind exceptional event at the Pinehurst                     of the CAA?
                                                  Specifications, 8th Edition, 2017.                      monitoring station. Additionally, the                    C. Has the IDEQ met all applicable
                                                                                                          EPA is proposing to approve the                             requirements under section 110 and Part
                                                     (vi) AASHTO LRFD Movable                                                                                         D of the CAA?
                                                                                                          emissions inventory for the West Silver
                                                  Highway Bridge Design Specifications,                                                                            D. Has the IDEQ demonstrated that the air
                                                                                                          Valley annual PM2.5 NAA.
                                                  2nd Edition, 2007; with 2008, 2010,                                                                                 quality improvement is due to
                                                                                                          DATES: Written comments must be
                                                  2011, 2012, 2014, and 2015 Interim                                                                                  permanent and enforceable reductions?
                                                  Revisions.                                              received on or before June 11, 2018.                     E. Does the area have a fully approved
                                                                                                          ADDRESSES: Submit your comments,                            maintenance plan pursuant to section
                                                     (vii) AASHTO/AWS D1.5M/D1.5:
                                                  2015 Bridge Welding Code, 7th Edition,                  identified by Docket ID No. EPA–R10–                        175A of the CAA?
                                                                                                          OAR–2017–0582, at http://                                F. Has the IDEQ demonstrated that the
                                                  2016.                                                                                                               Pinehurst PM10 NAA qualifies for the
                                                                                                          www.regulations.gov. Follow the online
                                                     (viii) Standard Specifications for                                                                               LMP Option?
                                                                                                          instructions for submitting comments.
                                                  Structural Supports for Highway Signs,                                                                           G. Does the IDEQ have an approved
                                                                                                          Once submitted, comments cannot be
                                                  Luminaires, and Traffic Signals, 6th                                                                                attainment emissions inventory which
                                                                                                          edited or removed from Regulations.gov.                     can be used to demonstrate attainment of
                                                  Edition, 2013; with 2015 Interim
                                                                                                          The EPA may publish any comment                             the NAAQS?
                                                  Revisions.
                                                                                                          received to its public docket. Do not                    H. Does the LMP include an assurance of
                                                     (ix) Standard Specifications for                     submit electronically any information                       continued operation of an appropriate
                                                  Transportation Materials and Methods                    you consider to be Confidential                             EPA-approved air quality monitoring
                                                  of Sampling and Testing, and AASHTO                     Business Information (CBI) or other                         network, in accordance with 40 CFR part
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Provisional Standards, AASHTO, 2017.                    information whose disclosure is                             58?
                                                     (2) American Welding Society (AWS),                  restricted by statute. Multimedia                        I. Does the plan meet the clean air act
                                                  8669 NW 36 Street, # 130 Miami, FL                      submissions (audio, video, etc.) must be                    requirements for contingency
                                                  33166–6672; www.aws.org; or (800)                                                                                   provisions?
                                                                                                          accompanied by a written comment.                        J. How is conformity treated under a
                                                  443–9353 or (305) 443–9353.                             The written comment is considered the                       limited maintenance plan?
                                                  *       *    *    *     *                               official comment and should include                   V. 2013 p.m.10 High Wind Exceptional Event
                                                  [FR Doc. 2018–09609 Filed 5–10–18; 8:45 am]             discussion of all points you wish to                  VI. West Silver Valley 2012 Annual PM2.5
                                                  BILLING CODE 4910–22–P                                  make. The EPA will generally not                            Emission Inventory



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Document Created: 2018-11-02 09:49:27
Document Modified: 2018-11-02 09:49:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM); request for comments.
DatesComments must be received on or before June 11, 2018. Late comments will be considered to the extent practicable.
ContactMs. Elizabeth Hilton, Office of Program Administration (HIPA-20), (512) 536-5970, or via email at [email protected], or Ms. Hannah Needleman, Office of the Chief Counsel (HCC-30), (202) 366-1345, 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 Citation83 FR 21972 

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