Design Standards for Highways |
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Brandye L. Hendrickson
Federal Highway Administration
11 May 2018
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Proposed Rules]
[Pages 21972-21976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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corresponding outdated or superseded versions of these standards and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
Elizabeth.Hilton@dot.gov, or Ms. Hannah Needleman, Office of the Chief
Counsel (HCC-30), (202) 366-1345, or via email at
Hannah.Needleman@dot.gov. 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.gpo.gov/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]
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