[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15392-15398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8197]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 625

[FHWA Docket No. 95-12]
RIN 2125-AD38


Design Standards for Highways; Geometric Design of Highways and 
Streets

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The National Highway System (NHS) was established by the 
National Highway System Designation Act of 1995 (NHS Act), Pub. L. 104-
59, 109 Stat. 568. In order to reflect the establishment of the NHS, 
the FHWA is revising several areas of the text in its regulation at 23 
CFR part 625 governing design standards for highways; updating the 
listing of standards; relocating the guides and references; and 
adopting as its policy for the design standards which apply to highway 
construction and reconstruction projects on the NHS, a 1994 revision of 
the American Association of State Highway and Transportation Officials' 
(AASHTO) publication, ``A Policy on Geometric Design of Highways and 
Streets'' (AASHTO 1994 Policy). The primary reason for development of 
the new AASHTO 1994 Policy was to convert the numerical values in 
AASHTO's 1990 Policy to the metric system (SI). With the recent 
enactment of the NHS Act, the Secretary of the Department of 
Transportation (Secretary) cannot require that any State use, or plan 
to use, the metric system for Federal-aid projects before September 30, 
2000. However, almost all of the States continued their conversion to 
metric to meet the previously established deadline of September 30, 
1996, and are either awarding contracts in metric or plan to do so in 
the near future.

DATES: This final rule is effective May 1, 1997. The incorporation by 
reference of certain publications listed in the regulation is approved 
by the Director of the Federal Register as of May 1, 1997.

ADDRESSES: The current design standards are on file at the Office of 
the Federal Register in Washington, DC, and are available for 
inspection and copying from the FHWA Washington, D.C., Headquarters and 
all FHWA Division and Regional Offices as prescribed in 49 CFR Part 7, 
appendix D. Copies of the current AASHTO publications are also 
available for purchase from the American Association of State Highway 
and Transportation Officials, Suite 249, 444 North Capitol Street, NW., 
Washington, DC 20001.

FOR FURTHER INFORMATION CONTACT: Mr. Seppo I. Sillan, Geometric and 
Roadside Design Branch, Federal-Aid and Design Division, Office of 
Engineering (202) 366-0312, or Mr. Wilbert Baccus, Office of Chief 
Counsel (202) 366-0780, Federal Highway Administration, 400 Seventh 
Street SW., Washington DC 20590. Office hours are from 7:45 a.m. to 
4:15 p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: This final rule is based on the FHWA's 
Interim Final Rule (IFR), FHWA Docket No. 95-12, Design Standards for 
Highways; Geometric Design of Highways and Streets, at 61 FR 17566 
(April 22, 1996). All comments received in response to the IFR have 
been considered in adopting this final rule. For discussion of 
comments, see the section entitled ``Discussion of Comments'' later in 
this final rule.
    Revisions to the text in 23 CFR part 625 reflect the establishment 
of the NHS by the NHS Act as the basic highway network in the United 
States. References to ``Federal-aid highway projects'' have accordingly 
been changed to ``NHS projects.'' The standards, policies, and standard 
specifications that have been approved by the FHWA for application on 
all projects on the NHS are incorporated by reference in 23 CFR part 
625.
    Section 625.3(d) of the rule provides that these Federal design 
standards apply to all projects on the NHS, regardless of funding 
source. Under prior law, Federal standards applied to most projects 
solely as a condition of receipt of Federal grant funds. The change, 
applying Federal standards even to NHS projects wholly funded by

[[Page 15393]]

a State based on provisions in both the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 
Stat. 1914, and the NHS Act, is consistent with the purpose for which 
the NHS was established. In 23 U.S.C. 109(c), as amended by section 304 
of the NHS Act, the Secretary is required, in cooperation with the 
State highway departments, to approve design and construction standards 
on the NHS. These provisions mirror the language and assignment of 
responsibility appearing in 23 U.S.C. 109(b), which has long been 
interpreted to require the Secretary to establish design standards for 
the Interstate System without regard for funding source. In expanding 
the Secretary's authority to all roads on the NHS, Congress sought to 
accommodate interstate commerce by ensuring a uniform, safe, 
interconnected system of principal arterial routes.
    Federal-aid projects not on the NHS are to be designed, 
constructed, operated, and maintained in accordance with State laws, 
regulations, directives, safety standards, design standards, and 
construction standards. This change implements section 1016(d) of the 
ISTEA, which added a new subsection (p) to section 109, title 23, 
U.S.C., requiring non-NHS projects to be designed, constructed, 
operated, and maintained in accordance with State laws and standards.
    The AASHTO is an organization which represents 52 State highway and 
transportation agencies (including the District of Columbia and Puerto 
Rico). Its members consist of the duly constituted heads and other 
chief officials of those agencies. The Secretary is an ex officio 
member, and DOT officials participate in various AASHTO activities as 
nonvoting representatives. Among other functions, the AASHTO develops 
and issues standards, specifications, policies, guides and related 
materials for use by the States for highway projects. Many of the 
standards, policies, and standard specifications approved by the FHWA 
and incorporated in 23 CFR part 625 were developed and issued by the 
AASHTO. Revisions to such documents of the AASHTO are independently 
reviewed and adopted by the FHWA before they are applied to the NHS 
projects.
    Recently, in 1994, the AASHTO revised the publication, ``A Policy 
on Geometric Design of Highways and Streets.'' The primary reason for 
development of the new document was to convert the numerical values in 
the AASHTO 1990 Policy to the metric system (SI). The FHWA's Metric 
Conversion Policy, published in the Federal Register on June 11, 1992 
(57 FR 24843), provided that newly authorized Federal-aid construction 
contracts must be only in metric units by September 30, 1996. Although 
this date will have to be changed to comply with the NHS Act of 1995, 
almost all of the States either are awarding contracts in metric or 
plan to do so in the near future. A more detailed discussion of the 
changes in the revised Policy is included later in this preamble.
    The new AASHTO 1994 Policy has replaced the previous version of 
this Policy, which was published by the AASHTO in 1990 and adopted by 
the FHWA in a final rule published in the Federal Register on April 29, 
1993 (58 FR 25939). The 1994 Policy also takes the place of the 
publication, ``Interim Selected Metric Values for Geometric Design,'' 
AASHTO 1993, which was adopted by FHWA in a final rule published in the 
Federal Register on December 10, 1993 (58 FR 64895). Through this 
rulemaking, the FHWA is adopting the metric values established by the 
AASHTO in this new 1994 Policy for geometric design of projects on the 
NHS.
    Although the standards contained in the AASHTO 1994 Policy apply to 
the Interstate System, specific guidance applicable to highways on the 
Interstate System is included in another AASHTO publication, ``A Policy 
on Design Standards-Interstate System,'' AASHTO 1991. The current 
edition of that publication will be converted to the metric system in 
the near future.
    Generally, the criteria in the functional chapters on local roads 
and streets and on collectors (Chapters V and VI of the Policy) are not 
applicable to projects on the NHS. However, if highway segments 
functionally classified as less than principal arterials are 
incorporated in the NHS by virtue of being Strategic Highway Network 
(STRAHNET) Connectors or Intermodal Connectors, the standards used may 
be those appropriate for the functional classification of the segment 
taking into account the type of traffic using the segment.

Summary of Changes

    The reference to FHWA Order M1100.1 in the Interim Final Rule was 
incorrect. It should have been FHWA Order M1100.1A and this has been 
corrected. For the convenience of the reader, 23 CFR part 625 is 
published in its entirety. All other changes discussed in this section 
refer to changes from the existing 23 CFR part 625.
    The following revisions have been made to the list of standards, 
policies, and standard specifications in 23 CFR part 625, section 
625.4:
    1. ``A Policy on Geometric Design of Highways and Streets,'' AASHTO 
1990, has been updated to indicate the 1994 edition.
    2. ``Interim Selected Metric Values for Geometric Design,'' AASHTO 
1993, has been deleted because metric values are now included in the 
publication, ``A Policy on Geometric Design of Highways and Streets,'' 
AASHTO 1994.
    3. ``A Policy on U-Turn Median Openings on Freeways,'' AASHTO 1960, 
has been deleted. This document is no longer applicable and not 
available from the AASHTO.
    4. ``A Policy on Access Between Adjacent Railroads and Interstate 
Highways,'' AASHTO 1960, has been deleted. This document is no longer 
applicable and not available from the AASHTO.
    5. ``Water Supply and Sewage Treatment at Safety Rest Areas,'' 
FHWA, 23 CFR part 650, subpart E, has been deleted. The safe drinking 
water requirements of this regulation have been superseded by the 
national primary drinking water regulations promulgated by the U.S. 
Environmental Protection Agency (40 CFR part 141) to comply with safe 
drinking water legislation.
    6. ``Standard Specifications for Highway Bridges,'' Thirteenth 
Edition, AASHTO 1983, has been updated to indicate the fifteenth 
edition published in 1992 and the publication, ``Interim 
Specifications--Bridges,'' AASHTO 1984 through 1988, has been updated 
to indicate the 1993 through 1995 editions.
    7. ``AASHTO LRFD Bridge Design Specifications,'' AASHTO 1994, has 
been added. These improved load and resistance factor design 
specifications are an alternative to the long-standing ``Standard 
Specifications for Highway Bridges,'' AASHTO 1992.
    8. ``Bridge Welding Code, ANSI/AASHTO/AWS D1.5-88,'' AASHTO has 
been updated to indicate the 1995 edition.
    9. ``Reinforcing Steel Welding Code'' has been updated to indicate 
the new name and current edition, ``Structural Welding Code--
Reinforcing Steel,'' 1992.
    10. ``Standard Specifications for Structural Supports for Highway 
Signs, Luminaires and Traffic Signals,'' AASHTO 1985, has been updated 
to indicate the 1994 edition.
    The following changes have been made to 23 CFR part 625, section 
625.5, entitled ``Guides and References,'' which contain a listing of 
citations to publications that provide general information or guidance. 
This section is

[[Page 15394]]

being removed from 23 CFR part 625 and will appear instead in the 
``Federal-Aid Policy Guide'' (FAPG). The FAPG is an organized, 
looseleaf, single source documentation of the FHWA's current policies, 
regulations, and nonregulatory procedural guidance information related 
to the Federal-aid highway program. It is available for inspection and 
copying as prescribed in 49 CFR part 7, appendix D.
    The remaining discussion describes the changes in the AASHTO 1994 
Policy. There were a number of changes that were made throughout the 
AASHTO 1990 Policy. These include the following:
    1. All dimensions were converted to the metric system.
    2. Slope is expressed in nondimensional ratios. The vertical 
component is shown first and then the horizontal.
    3. Superelevation is expressed in percent.
    4. The more descriptive terms ``traveled way,'' ``roadway,'' 
``lane,'' and ``highway'' have been substituted for the term 
``pavement'' where appropriate; however, where the term ``pavement'' 
refers to a type of surface it is retained.
    The following paragraphs provide a brief synopsis of the 
information that is included in each of the 10 chapters of the AASHTO 
1994 Policy and, as appropriate, any significant additions, revisions 
or deletions beyond those listed above made to the currently approved 
AASHTO 1990 Policy in the 1994 Policy.

Chapter I--Highway Functions

    In this chapter the concept of functional classification is 
presented and the various components considered in detail. This serves 
as an introduction to functional classification and provides an 
explanation of how the concept is employed in the publication. There 
are no significant changes made in this chapter other than 
identification of the NHS as a new administrative system.

Chapter II--Design Controls and Criteria

    Those characteristics of vehicles, pedestrians, and traffic that 
act as criteria for the design of various highway and street functional 
classes are covered in this chapter. The coverage of capacity is 
revised to agree with the Transportation Research Board's revised 
chapters of the ``Highway Capacity Manual.'' (At the time this part of 
the new Policy was undergoing revision, in mid-1993, a number, but not 
all, of the chapters in the manual had been revised.)
    More emphasis is placed on accommodating elderly persons based on 
information that has been published and studies that have been 
conducted since the old Policy was published. More information on 
bicycle transportation and characteristics has been included. The 
concept of ``access management,'' which refers to setting access 
standards for various types of highways and incorporating access 
standards into legislation, has been added to the section on ``Access 
Control.'' The terminology used in the Americans with Disabilities Act 
of 1990 (ADA), Pub. L. 101-336, 104 Stat. 327, and its implementing 
regulations has been incorporated in the discussion on designing 
highways and facilities to meet the needs of persons with disabilities.

Chapter III--Elements of Design

    The basic elements of design, such as sight distance, horizontal 
alinement, superelevation, widths of turning roadways, vertical 
alinement, maximum grades and climbing lanes are covered in this 
chapter. Significant revisions to the chapter include the following:
    1. In order to eliminate confusion as to which values are used to 
calculate lengths of vertical and horizontal curves, only the 
calculated values of stopping and passing sight distance are shown. 
These unrounded values are used in calculating lengths of vertical 
curves and, then, the lengths of vertical curves are rounded, as was 
done in the AASHTO 1990 Policy.
    2. Degree of curve is eliminated; curve criteria is based only on 
radius.
    3. The term ``crown'' has been replaced by more appropriate 
terminology, such as ``cross slope'' in most places.
    4. The information on distribution of superelevation and 
superelevation runoff for curves with radii greater than the minimum 
for low-speed urban streets has been eliminated. A recommendation that 
as much superelevation and as long runoff lengths as possible be 
provided, even on curves greater than minimum, is included.
    5. The values for the minimum middle ordinate on the inside of 
horizontal curves needed to provide horizontal stopping sight distance 
are based on computed values rather than rounded values.
    6. The information on design and capacity of climbing lanes for 
two-lane and multilane highways has been revised based on the new, 
revised chapters of the ``Highway Capacity Manual.''
    7. The information on truck escape ramps has been updated based on 
the latest published information.
    8. The AASHTO 1994 Policy notes that personal computers can be used 
to assist designers in developing vertical and horizontal alinements.
    9. The section on ``Maintenance of Traffic Through Construction 
Areas'' has been revised to be consistent with the ``Manual on Uniform 
Traffic Control Devices.''
    10. The references on highway drainage have been revised to refer 
to the latest publications.

Chapter IV--Cross Section Elements

    The elements of a highway, such as pavement cross slope, traffic 
lanes, shoulders, medians, frontage roads, and roadsides are discussed 
in this chapter. Significant revisions to the chapter include the 
following:
    1. More information on design to accommodate bicyclists has been 
added.
    2. The information on design of, and use of, curbs has been 
revised.
    3. The section on design of pedestrian facilities has been modified 
somewhat to conform to the ADA implementing regulations.

Chapter V--Local Roads and Streets

    The design guidance applicable to those roads functionally 
classified as local rural roads and local urban streets is covered in 
this chapter. Significant revisions include the following:
    1. Traffic volume criteria in the tables for design speed, traveled 
way, shoulder width, and width and design loading for bridges is 
presented on the common basis of average daily traffic (ADT). This is 
based on recent research which concluded the existing practice of 
mixing ADT and design hour volume (DHV) is confusing.
    2. The values for minimum widths of traveled way and shoulder for 
local roads having various ranges of ADT have been modified based on 
National Cooperative Highway Research Program (NCHRP) Report 362, 
``Roadway Width for Low Traffic Volume Roads.'' In particular, a 5.4-m 
traveled way is now permitted for highways with ADT's of under 400. For 
rural local roads with ADT's of 400 to 1500 the lane and shoulder 
widths may be adjusted to a minimum roadway width of 9.0 m.

Chapter VI--Collector Roads and Streets

    The design guidance applicable to those roads functionally 
classified as rural collector roads and urban collector streets is 
covered in this chapter. Significant revisions to the chapter include 
the following:
    1. Traffic volume criteria in the tables for design speed, traveled 
way, shoulder width, and width and design loading for bridges is 
presented on the common

[[Page 15395]]

basis of ADT. This is based on recent research which concluded the 
existing practice of mixing ADT and DHV is confusing.
    2. The values for minimum widths of traveled way and shoulder for 
rural collector roads having various ranges of ADT have been modified 
based on NCHRP Report 362, ``Roadway Width for Low Traffic Volume 
Roads.'' In particular, 2.7-m lane widths are now permitted for 
highways with ADT's of 250 or less and design speeds of 60 km/h or 
less.
    3. Traveled ways of a minimum width of 6.6 m are permitted to 
remain on reconstructed highways with any ADT provided the alinement is 
adequate and the safety records are satisfactory.
    4. More information on design to accommodate bicycles is included.

Chapter VII--Rural and Urban Arterials

    The basis for design of the principal and minor arterial road 
systems in rural and urban areas is presented in this chapter.
    The only significant change between the old and new Policy was to 
modify the table providing minimum widths of traveled way and shoulder 
based on information in NCHRP Report 362. Traffic volume criteria in 
the table is only in terms of ADT (either current or projected). The 
width of traveled way for ADT's of 400 to 2000 and design speeds of 
under 100 km/h have been reduced slightly.

Chapter VIII--Freeways

    The various types of freeways, their design elements, controls, 
criteria and cross-sectional elements are covered in this chapter. The 
only significant change to this chapter was to eliminate specific 
right-of-way widths for the freeway cross sections. It is not 
considered necessary to specify a total right-of-way width since this 
is the sum of the individual cross-sectional elements.

Chapter IX--At-Grade Intersections

    The basic types of intersections and the elements involved in their 
designs, primarily those concerning the accommodation of turning 
movements, are described in this chapter. The following are the major 
changes in the chapter:
    1. Information on design to accommodate bicycles has been added.
    2. A discussion concerning the provision of free-flow right turns, 
where speed change lanes are not provided and where pedestrians and 
bicyclists are a consideration, has been added.
    3. Another case dealing with stopped vehicles turning left from a 
major highway has been added to the discussion on intersection control.
    4. The section on sight distance at ramp terminals was eliminated 
because sight distance at these locations is calculated in the same 
manner as at any other intersection.
    5. The section on railroad grade crossings was revised to add 
information on highway intersections adjacent to railroad grade 
crossings.

Chapter X--Grade Separations and Interchanges

    The basic types of interchanges and grade separations, along with 
the design of their features, are discussed in this chapter. The 
following are the significant changes in this chapter:
    1. Information on single point diamond interchanges was added.
    2. Information on the accommodation of pedestrians at interchanges 
was added.
    3. A discussion on ramp metering was added.
    4. Most of the information on models was eliminated because models 
and model types are illustrative only and not directly related to 
design criteria.

Discussion of Comments

    Interested persons were invited to participate in the development 
of this final rule by submitting written comments on the IFR to FHWA 
Docket No. 95-12 on, or before, June 21, 1996. There were 8 commenters 
to this docket; 7 were State transportation agencies and 1 was a safety 
interest group. The major comments relative to the subject of the final 
rule are discussed below.
    One commenter noted that a previous rulemaking, the IFR for the 
publication, ``Interim Selected Metric Values for Geometric Design'' 
(Interim Metric Values), published in the Federal Register on December 
10, 1993, at 58 FR 64895 (FHWA Docket No. 93-14), was not finalized. 
Also, the commenter objected to the metric values used in both the 
above document and in the AASHTO 1994 Policy. The Interim Metric 
Values, as explained earlier, was developed so that States would have 
immediate guidance for developing metric values. This was not finalized 
because development of the 1994 version of the AASHTO Policy was 
underway and would supersede the Interim Metric Values. Comments 
received on the Interim Metric Values, however, were considered during 
development of the AASHTO 1994 Policy and the IFR for 23 CFR part 625.
    The metric values for geometric design were developed by AASHTO 
between 1992 and 1994. Exact conversion from English values in the 
AASHTO 1990 Policy would have resulted in awkward, hard-to-use metric 
values. The decision was made and voted on by AASHTO members to 
slightly alter the metric values for usability. In some cases (for 
example, lane width and shoulder width), this resulted in slightly 
lesser values. On the other hand, other cases (for example, vertical 
clearance and some curve radii), resulted in slightly greater values 
when compared to the previous English values. The new metric values 
represent the collective judgement of highway design professionals. The 
FHWA has determined that the metric values come as close as possible to 
retaining the English values already adopted pursuant to notice and 
comment. That rulemaking appeared in the Federal Register on April 29, 
1993, at 58 FR 25939, wherein FHWA adopted AASHTO's 1990 Policy 
containing English values.
    One commenter suggested that it was not appropriate to move former 
section 625.5, of 23 CFR part 625, entitled ``Guides and References,'' 
into the Federal-aid Policy Guide (FAPG). The FHWA is subject to a 
continuing mandate to remove all non-regulatory material from the Code 
of Federal Regulations and this section has been identified as 
guidelines rather than regulations. The FAPG is available for 
inspection and copying as prescribed in 49 CFR part 7, appendix D.
    One commenter recommended that the resurfacing, restoration, and 
rehabilitation (RRR) standards be applied on freeway facilities. 
Current legislation does not permit use of the RRR standards on the 
Interstate system nor does Congress intend for them to be used on non-
Interstate freeways. Highways classified as freeways generally carry 
the highest speed traffic with a safety record which is usually better 
than any other type facility. Application of other than new or 
reconstruction standards on these facilities might compromise their 
safety and is not considered appropriate. There is some recognition of 
the issues related to the RRR as stated in ``A Policy on Design 
Standards--Interstate System.'' The standards used for horizontal 
alignment, vertical alignment, and widths of median, traveled way, and 
shoulder for Interstate resurfacing, restoration and rehabilitation 
projects may be the AASHTO Interstate standards that were in effect at 
the time of original construction or inclusion into the Interstate 
system.
    One commenter was confused about approval authority for the RRR 
standards. The approval authority is

[[Page 15396]]

delegated by the Secretary to the FHWA and remains unchanged.
    One commenter was concerned about incorporation of the NHS Act into 
the regulation at 23 CFR part 625. Certain language from the NHS Act 
was included in the IFR to ensure that factors such as the 
``constructed'' and ``natural'' environment, the environmental, scenic, 
aesthetic, historic, community, and preservation impacts, and access to 
other modes of transportation were considered as soon as possible. The 
effort to develop additional guidance for consideration of these 
community and environmental factors is a separate endeavor which is 
underway. The FHWA sponsored a consultant contract for development of 
guidance factors. The results of that contract, which was recently 
completed, will be distributed to the highway community as well as to a 
broad spectrum of environmental, scenic, historic, and community 
interest groups. The AASHTO has established a joint task force to 
consider the results of the contract for official adoption and to 
promote incorporation of sensitive community and environmental issues 
into design of transportation facilities. The FHWA and the AASHTO, 
along with other partners, will begin the development of a training 
course to further emphasize this subject.

Rulemaking Analysis and Notices

    Section 553(b)(3)(B), title 5, U.S.C., of the Administrative 
Procedure Act provides that agencies may dispense with prior notice and 
opportunity for comment when the agency for good cause finds that such 
procedures are impracticable, unnecessary, or contrary to the public 
interest. The FHWA determined previously that publication of a proposed 
rulemaking would be contrary to the public interest, and that prior 
notice and opportunity for comment is unnecessary under 553(b)(3)(B).
    One commenter opposed the FHWA's adoption of the new geometric 
design values without prior notice and opportunity for comment. 
According to the commenter, the AASHTO 1994 Policy metric values 
decrease lane and shoulder widths to levels far below the prevailing 
English unit values of the AASHTO 1990 Policy. Because the decrease in 
lane and shoulder widths result in both capacity and safety hazards, 
the commenter strongly disagrees with the new metric values that the 
FHWA adopts here as new cross section design standards. Prior notice 
and opportunity for comment, the commenter argues, will allow the FHWA 
to demonstrate the extent of the effects of narrower lanes and 
shoulders on both safety and capacity.
    Going straight to a final rule is in the public interest because 
the amendments to 23 CFR part 625 made by this document will allow the 
FHWA to emulate its Metric Conversion Policy to authorize new Federal-
aid construction contracts solely in metric units by September 30, 
1996. Although this date will need to be changed to comply with the 
recently enacted NHS Act, almost all of the States continued their 
conversion to metric to meet the previously established deadline and 
are either awarding contracts in metric or plan to do so in the near 
future. The Metric Conversion Policy was developed as required by 
section 3 of the Metric Conversion Act of 1975, Pub. L. 94-168, 89 
Stat. 1007 (Metric Act), as amended, which mandates that all Federal 
Government agencies begin using the International System of Units in 
procurements, grants, and other business-related activities. As we 
stated in the IFR, planning for Federal-aid construction projects is 
already well underway, and States and other FHWA partners need to know 
now (not four years from now), that the metric conversions used to 
formulate their plans will match the FHWA's conversions. Thus, the FHWA 
believes that implementation of the AASHTO's new 1994 policy, which 
uses only metric values, should be accomplished as soon as possible. 
The FHWA's adoption of the metric values in the new 1994 Policy 
provides necessary certainty and continuity for States and other FHWA 
partners, including highway construction contractors and consultants.
    As stated previously in the IFR, the FHWA determined that prior 
notice and opportunity for comment are unnecessary. This is because the 
text changes in 23 CFR part 625 reflect only the establishment of the 
NHS. Any significant revisions are incorporated due to the FHWA's 
adoption of the AASHTO 1994 Policy and the metric values contained 
therein. The new 1994 Policy has replaced the previous version, which 
was published by the AASHTO in 1990 and adopted by the FHWA pursuant to 
notice and comment. [58 FR 25939 (April 29, 1993)]. The 1994 Policy 
also takes the place of the publication, ``Interim Selected Metric 
Values for Geometric Design,'' AASHTO 1993, which was adopted by the 
FHWA in a rule published in the Federal Register on December 10, 1993 
(58 FR 64895). All other changes to the AASHTO 1990 Policy that have 
been incorporated into the 1994 Policy, for the most part, merely 
clarify the meaning of certain terminology, incorporate the latest 
geometric design information, or correct some minor errors in the 1990 
Policy.
    Contrary to the commenters assertion, the FHWA has determined that 
the AASHTO 1994 Policy metric values are essentially the same as the 
English measurements already adopted by the FHWA pursuant to the notice 
and comment rulemaking published in the Federal Register on April 29, 
1993, wherein the FHWA adopted the AASHTO 1990 Policy.
    The new AASHTO 1994 Policy cross-section values do not drastically 
reduce the prevailing values contained in the AASHTO 1990 Policy. As 
mentioned in the section ``Discussion of Comments,'' exact conversion 
from English values in the 1990 Policy would have resulted in awkward, 
hard-to-use metric values. Therefore, the decision was made, and voted 
on by AASHTO members, to slightly alter the metric values for 
usability. The commenter also contends that a reduction of cross-
section values may result in both capacity and safety hazards. As cited 
previously in the section ``Summary of Changes,'' the minor 
modifications for minimum widths of traveled way and shoulder were all 
based on recent research studies. The research included extensive data 
collection and analyses to assess safety, operational, and economic 
impacts.
    The FHWA solicited public comment on this action and eight comments 
were received in response to the IFR. All of the comments received have 
been considered in evaluating whether any change to this action is 
needed. The FHWA determines that no significant change is required.
    Because this final rule allows the FHWA to use the metric system of 
measurements in its procurements, grants, and other business-related 
activities consistent with the requirements of the Metric Conversion 
Act, the FHWA believes that good cause exists to publish this rule.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
Regulatory Policies and Procedures. The metric values selected in the 
new AASHTO 1994 Policy are functionally equivalent to the English 
system measurements contained in the old AASHTO 1990 Policy previously 
adopted by notice and comment

[[Page 15397]]

rulemaking. Although the new AASHTO 1994 Policy contains new material, 
the basic criteria remain essentially the same. In all practicality, 
the new AASHTO 1994 Policy reflects the criteria, for the most part, 
which have been in use in designing Federal-aid highways. It is 
anticipated that the economic impact of the rulemaking will be minimal; 
therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act, Pub. L. 96-345, 
5 U.S.C. 601-612, the FHWA has evaluated the effects of this rule on 
small entities. Based on the evaluation, the FHWA hereby certifies that 
this action will not have a significant economic impact on a 
substantial number of small entities. As stated above, the FHWA made 
this determination based on the fact that metric values in the new 
AASHTO 1994 Policy are functionally equivalent to the English system 
values they replace. Moreover, the new material contained in the new 
AASHTO 1994 Policy reflects criteria which, for the most part, is 
presently in use.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR Part 625

    Design standards, Grant programs--Transportation, Highways and 
roads, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Issued: March 25, 1997.
Jane Garvey,
Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA is amending Chapter I 
of title 23, Code of Federal Regulations, by revising part 625 as set 
forth below:

PART 625--DESIGN STANDARDS FOR HIGHWAYS

Sec.
625.1  Purpose.
625.2  Policy.
625.3  Application.
625.4  Standards, policies, and standard specifications.

    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).


Sec. 625.1  Purpose.

    To designate those standards, policies, and standard specifications 
that are acceptable to the Federal Highway Administration (FHWA) for 
application in the geometric and structural design of highways.


Sec. 625.2  Policy.

    (a) Plans and specifications for proposed National Highway System 
(NHS) projects shall provide for a facility that will--
    (1) Adequately serve the existing and planned future traffic of the 
highway in a manner that is conducive to safety, durability, and 
economy of maintenance; and
    (2) Be designed and constructed in accordance with criteria best 
suited to accomplish the objectives described in paragraph (a)(1) of 
this section and to conform to the particular needs of each locality.
    (b) Resurfacing, restoration, and rehabilitation (RRR) projects, 
other than those on the Interstate system and other freeways, shall be 
constructed in accordance with standards which preserve and extend the 
service life of highways and enhance highway safety. Resurfacing, 
restoration, and rehabilitation work includes placement of additional 
surface material and/or other work necessary to return an existing 
roadway, including shoulders, bridges, the roadside, and appurtenances 
to a condition of structural or functional adequacy.
    (c) An important goal of the FHWA is to provide the highest 
practical and feasible level of safety for people and property 
associated with the Nation's highway transportation systems and to 
reduce highway hazards and the resulting number and severity of 
accidents on all the Nation's highways.


Sec. 625.3  Application.

    (a) Applicable Standards. (1) Design and construction standards for 
new construction, reconstruction, resurfacing (except for maintenance 
resurfacing), restoration, or rehabilitation of a highway on the NHS 
(other than a highway also on the Interstate System or other freeway) 
shall be those approved by the Secretary in cooperation with the State 
highway departments. These standards may take into account, in addition 
to the criteria described in Sec. 625.2(a), the following:
    (i) The constructed and natural environment of the area;
    (ii) The environmental, scenic, aesthetic, historic, community, and 
preservation impacts of the activity; and
    (iii) Access for other modes of transportation.
    (2) Federal-aid projects not on the NHS are to be designed, 
constructed, operated, and maintained in accordance with State laws, 
regulations, directives, safety standards, design standards, and 
construction standards.
    (b) The standards, policies, and standard specifications cited in 
Sec. 625.4 of this part contain specific criteria and controls for the 
design of NHS projects. Deviations from specific minimum values therein 
are to be handled in accordance with procedures in paragraph (f) of 
this section. If there is a conflict between criteria in the documents 
enumerated in Sec. 625.4 of this part, the latest listed standard, 
policy, or standard specification will govern.
    (c) Application of FHWA regulations, although cited in Sec. 625.4 
of this part as standards, policies, and standard specifications, shall 
be as set forth therein.
    (d) This regulation establishes Federal standards for work on the 
NHS regardless of funding source.
    (e) The Division Administrator shall determine the applicability of 
the roadway geometric design standards to traffic engineering, safety, 
and

[[Page 15398]]

preventive maintenance projects which include very minor or no roadway 
work. Formal findings of applicability are expected only as needed to 
resolve controversies.
    (f) Exceptions. (1) Approval within the delegated authority 
provided by FHWA Order M1100.1A may be given on a project basis to 
designs which do not conform to the minimum criteria as set forth in 
the standards, policies, and standard specifications for:
    (i) Experimental features on projects; and
    (ii) Projects where conditions warrant that exceptions be made.
    (2) The determination to approve a project design that does not 
conform to the minimum criteria is to be made only after due 
consideration is given to all project conditions such as maximum 
service and safety benefits for the dollar invested, compatibility with 
adjacent sections of roadway and the probable time before 
reconstruction of the section due to increased traffic demands or 
changed conditions.


Sec. 625.4  Standards, policies, and standard specifications.

    The documents listed in this section are incorporated by reference 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51 and are on file at the Office of 
the Federal Register in Washington, DC. They are available as noted in 
paragraph (d) of this section. The other CFR references listed in this 
section are included for cross-reference purposes only.
    (a) Roadway and appurtenances. (1) A Policy on Geometric Design of 
Highways and Streets, AASHTO 1994. [See Sec. 625.4(d)(1)]
    (2) A Policy on Design Standards--Interstate System, AASHTO 1991. 
[See Sec. 625.4(d)(1)]
    (3) The geometric design standards for resurfacing, restoration, 
and rehabilitation (RRR) projects on NHS highways other than freeways 
shall be the procedures and the design or design criteria established 
for individual projects, groups of projects, or all nonfreeway RRR 
projects in a State, and as approved by the FHWA. The other geometric 
design standards in this section do not apply to RRR projects on NHS 
highways other than freeways, except as adopted on an individual State 
basis. The RRR design standards shall reflect the consideration of the 
traffic, safety, economic, physical, community, and environmental needs 
of the projects.
    (4) Erosion and Sediment Control on Highway Construction Projects, 
refer to 23 CFR part 650, subpart B.
    (5) Location and Hydraulic Design of Encroachments on Flood Plains, 
refer to 23 CFR part 650, subpart A.
    (6) Procedures for Abatement of Highway Traffic Noise and 
Construction Noise, refer to 23 CFR part 772.
    (7) Accommodation of Utilities, refer to 23 CFR part 645, subpart 
B.
    (8) Pavement Design, refer to 23 CFR part 626.
    (b) Bridges and structures. (1) Standard Specifications for Highway 
Bridges, Fifteenth Edition, AASHTO 1992. [See Sec. 625.4(d)(1)]
    (2) Interim Specifications--Bridges, AASHTO 1993. [See 
Sec. 625.4(d)(1)]
    (3) Interim Specifications--Bridges, AASHTO 1994. [See 
Sec. 625.4(d)(1)]
    (4) Interim Specifications--Bridges, AASHTO 1995. [See 
Sec. 625.4(d)(1)]
    (5) AASHTO LRFD Bridge Design Specifications, First Edition, AASHTO 
1994 (U.S. Units). [See Sec. 625.4(d)(1)]
    (6) AASHTO LRFD Bridge Design Specifications, First Edition, AASHTO 
1994 (SI Units). [See Sec. 625.4(d)(1)]
    (7) Standard Specifications for Movable Highway Bridges, AASHTO 
1988. [See Sec. 625.4(d)(1)]
    (8) Bridge Welding Code, ANSI/AASHTO/AWS D1.5-95, AASHTO. [See 
Sec. 625.4(d) (1) and (2)]
    (9) Structural Welding Code--Reinforcing Steel, ANSI/AWS D1.4-92, 
1992. [See Sec. 625.4(d)(2)]
    (10) Standard Specifications for Structural Supports for Highway 
Signs, Luminaires and Traffic Signals, AASHTO 1994. [See 
Sec. 625.4(d)(1)]
    (11) Navigational Clearances for Bridges, refer to 23 CFR part 650, 
subpart H.
    (c) Materials. (1) General Materials Requirements, refer to 23 CFR 
part 635, subpart D.
    (2) Standard Specifications for Transportation Materials and 
Methods of Sampling and Testing, parts I and II, AASHTO 1995. [See 
Sec. 625.4(d)(1)]
    (3) Sampling and Testing of Materials and Construction, refer to 23 
CFR part 637, subpart B.
    (d) Availability of documents incorporated by reference. The 
documents listed in Sec. 625.4 are incorporated by reference and are on 
file and available for inspection at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. 
These documents may also be reviewed at the Department of 
Transportation Library, 400 Seventh Street, SW., Washington, DC, in 
Room 2200. These documents are also available for inspection and 
copying as provided in 49 CFR part 7, appendix D. Copies of these 
documents may be obtained from the following organizations:
    (1) American Association of State Highway and Transportation 
Officials (AASHTO), Suite 249, 444 North Capitol Street, NW., 
Washington, DC 20001.
    (2) American Welding Society (AWS), 2501 Northwest Seventh Street, 
Miami, FL 33125.

[FR Doc. 97-8197 Filed 3-31-97; 8:45 am]
BILLING CODE 4910-22-P