[Federal Register Volume 74, Number 246 (Thursday, December 24, 2009)]
[Rules and Regulations]
[Pages 68377-68379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30469]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA-2009-0074]
RIN 2125-AF33
National Bridge Inspection Standards
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: The American Association of State Highway and Transportation
Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994,
[[Page 68378]]
second edition (also referred to as ``the Manual''), together with the
2001 and 2003 Interim Revisions, is incorporated by reference in FHWA
regulations, approved by the Federal Highway Administration, and
recognized as a national standard for bridge inspections and load
rating. The purpose of this final rule is to update the incorporation
by reference language to incorporate the most recent version of the
AASHTO Manual, now known as The Manual for Bridge Evaluation, First
Edition, 2008.
DATES: This rule becomes effective January 25, 2010. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of January 25, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Everett, Office of Bridge
Technology, (202) 366-4675; or Mr. Robert Black, Office of the Chief
Counsel, (202) 366-1359, Federal Highway Administration, 1200 New
Jersey Ave., SE., 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:
Electronic Access and Filing
This document, the notice of proposed rulemaking (NPRM), and all
comments received can be viewed online through the Federal eRulemaking
portal at: http://www.regulations.gov. It is available 24 hours each
day, 365 days each year.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: http://www.archives.gov
and the Government Printing Office's Web page at: http://www.access.gpo.gov/nara.
Background
This Final Rule is being issued to announce the revision to the
incorporation by reference of the AASHTO Manual in the National Bridge
Inspection Standards (NBIS).
The Manual for Bridge Evaluation, First Edition (MBE) was adopted
by the AASHTO Highways Subcommittee on Bridges and Structures in 2005.
The MBE combines The Manual for Condition Evaluation of Bridges, Second
Edition, and its 2001 and 2003 Interim Revisions with the Guide Manual
for Condition Evaluation and Load and Resistance Factor Rating of
Highway Bridges, First Edition, and its 2005 Interim Revisions.
Revisions based on approved agenda items from annual AASHTO
Subcommittee meetings in 2007 and 2008 are also incorporated into the
MBE.
The MBE, First Edition, 2008, supersedes The Manual for Condition
Evaluation of Bridges, Second Edition, and the 2001 and 2003 Interim
Revisions, which are currently incorporated by reference at 23 CFR
650.317. The MBE offers assistance to bridge owners at all phases of
bridge inspection and evaluation. The Manual serves as a standard and
provides uniformity in the procedures and policies for determining the
physical condition, maintenance needs, and load capacity of the
Nation's highway bridges.
Because the information incorporated by reference at 23 CFR 650.317
has been superseded, the FHWA is updating the NBIS regulation to
reflect the latest information contained in the AASHTO documents. The
FHWA also is updating the definition for ``AASHTO Manual'' to reflect
the updated document.
The FHWA proposed these revisions in its NPRM published in the
Federal Register at 74 FR 44793 on August 31st. The FHWA did not
receive any comments to the NPRM and therefore adopts the revisions as
proposed.
Rulemaking Analysis and Notices
Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT
Regulatory Policies and Procedures
The FHWA has determined that this action would not be a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of U.S. Department of Transportation
regulatory policies and procedures. These changes are not anticipated
to adversely affect, in any material way, any sector of the economy.
The FHWA believes that the incorporation of the MBE within the NBIS
regulation will greatly improve consistency and uniformity in the
application of bridge inspection and load rating procedures. In
addition, these changes would 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. Therefore, a
full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of these changes
on small entities and has determined that this action would not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This Final Rule would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48,
March 22, 1995). This action would not result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $128.1 million or more in any one year (2 U.S.C.
1532).
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 dated August 4, 1999, and
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 rulemaking will not
preempt any State law or State regulation or affect the States' ability
to discharge traditional State governmental functions.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that it would not have substantial
direct effects on one or more Indian Tribes; would not impose
substantial direct compliance costs on Indian Tribal governments; and
would not preempt Tribal law. Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a significant
energy action under that order because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects under Executive Order
13211 is not required.
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
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
[[Page 68379]]
has determined that this action does not contain collection information
requirements for purposes of the PRA.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. The FHWA certifies that this action would not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
The FHWA does not anticipate that this action would affect a taking
of private property or otherwise have taking implications under
Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.
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. 4321-4347) and has
determined that it 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 650
Bridges, Grant programs--Transportation, Highways and roads,
Incorporation by reference, Reporting and recordkeeping requirements.
Issued on: December 15, 2009.
Victor M. Mendez,
Administrator.
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In consideration of the foregoing, the FHWA amends title 23, Code of
Federal Regulations part 650 as follows:
PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS
0
1. The authority citation for part 650 continues to read as follows:
Authority: 23 U.S.C. 109(a) and (h), 144, 151, 315, and 319; 33
U.S.C. 401, 491 et seq.; 511 et seq.; sec. 4(b) of Pub. L. 97-134,
95 Stat. 1699 (1981); sec. 161 of Pub. L. 97-424, 96 Stat. 2097, at
3135 (1983); sec. 1311 of Pub. L. 105-178, as added by Pub. L. 105-
206, 112 Stat. 842 (1998); 23 CFR 1.32; 49 CFR 1.48(b); E.O. 11988
(3 CFR, 1977 Comp., p. 117); Department of Transportation Order
5650.2, dated April 23, 1979 (44 FR 24678).
Subpart C--National Bridge Inspection Standards
0
2. Amend Sec. 650.305 by revising the definition of ``American
Association of State Highway and Transportation Officials (AASHTO)
Manual'' to read as follows:
Sec. 650.305 Definitions.
* * * * *
American Association of State Highway and Transportation Officials
(AASHTO) Manual. ``The Manual for Bridge Evaluation,'' First Edition,
2008, published by the American Association of State Highway and
Transportation Officials (incorporated by reference, see Sec.
650.317).
* * * * *
0
3. Revise Sec. 650.317 to read as follows:
Sec. 650.317 Reference manuals.
(a) The materials listed in this subpart are incorporated by
reference in the corresponding sections noted. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any change in these documents will be published in the Federal
Register. The materials are available for purchase at the address
listed below, and are available for inspection at the National Archives
and Records Administration (NARA). These materials may also be reviewed
at the Department of Transportation Library, 1200 New Jersey Avenue,
SE., Washington, DC 20590, (202) 366-0761. For information on the
availability of these materials at NARA call (202) 741-6030, or go to
the following URL: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm. In the event there is a
conflict between the standards in this subpart and any of these
materials, the standards in this subpart will apply.
(b) The following materials are available for purchase from the
American Association of State Highway and Transportation Officials,
Suite 249, 444 N. Capitol Street, NW., Washington, DC 20001, (202) 624-
5800. The materials may also be ordered via the AASHTO bookstore
located at the following URL: http://www.transportation.org.
(1) The Manual for Bridge Evaluation, First Edition, 2008, AASHTO,
incorporation by reference approved for Sec. Sec. 650.305 and 650.313.
(2) [Reserved]
[FR Doc. E9-30469 Filed 12-23-09; 8:45 am]
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