[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Rules and Regulations]
[Pages 6393-6395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3217]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 625
[FHWA Docket No. FHWA-2001-10077]
RIN 2125-AE89
Design Standards for Highways
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: The FHWA revises its policy on the design standards that apply
to highway construction and reconstruction projects on the National
Highway System (NHS). The previous standards were the 1994 version of
the American Association of State Highway and Transportation Officials'
(AASHTO) publication, ``A Policy on Geometric Design of Highways and
Streets.'' A 2001 revision of this publication has replaced the 1994
version and FHWA adopts this new version as its policy on design
standards for highway construction and reconstruction projects on the
NHS.
DATES: This final rule is effective March 14, 2002. The incorporation
by reference of the publication listed in this regulation is approved
by the Director of the Office of the Federal Register as of March 14,
2002.
FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Seppo
Sillan, Office of Program Administration (HIPA), (202) 366-1327. For
legal information: Mr. Harold Aikens, Office of the Chief Counsel (HCC-
40), (202) 366-1373, Federal Highway Administration, 400 Seventh
Street, SW., Washington, DC 20590-0001. Office hours are from 8 a.m. to
4:30 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: This final rule is based on the FHWA's
notice of proposed rulemaking (NPRM), FHWA Docket No. FHWA-2001-10077,
Design Standards for Highways, at 66 FR 48103 (September 18, 2001). All
comments received in response to the NPRM have been considered in
adopting this final rule. For discussion of comments, see the section
entitled ``Discussion of Comments'' later in this final rule.
Electronic Access and Filing
This document, the NPRM, and all comments received may be viewed
online through the Document Management System (DMS) at: http://dms.dot.gov. The DMS is available 24 hours each day, 365 days each
year. Electronic submission and retrieval help and guidelines are
available under the help section of the web site.
An electronic copy of this document may also be downloaded by using
a computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may also reach the Office of the Federal
Register's home page at: http://www.nara.gov/fedreg and the Government
Printing Office's Web page at: http://www.access.gpo.gov.
The current design standards are on file at the Office of the
Federal Register in Washington, DC, and are available for inspection
and copying at the FHWA Washington, DC, Headquarters and field offices
as prescribed in 49 CFR part 7. Copies of the current AASHTO
publications are also available for purchase from AASHTO by telephone
(800) 231-3475, facsimile (800) 525-5562, mail AASHTO, P.O. Box 96716,
Washington, DC 20090-6716 or at its Web site at www.transportation.org.
Background
The standards, policies, and standard specifications that have been
approved by the FHWA for application on all construction and
reconstruction projects on the NHS are incorporated by reference in 23
CFR part 625. The current document specified in Sec. 625.4(a)(1) is the
1994 edition of ``A Policy on Geometric Design of Highways and
Streets'' (Policy).\1\ The AASHTO recently revised the Policy and
issued the 2001 edition which the FHWA is adopting as its policy for
design standards for all construction and reconstruction projects on
the NHS. The primary reason for development of the new document was to
update the previous Policy to incorporate the latest design criteria.
See ``Summary of Changes'' below for a description of the changes made
in the 2001 edition.
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\1\ A Policy on Geometic Design of Highways and Streets, 1994,
is available from AASHTO by telephone (800) 321-3475, facsimile
(800) 525-5562, mail AASHTO, P.O. Box 96716, Washington, DC 20090-
6716 or at their Web site at www.transportation.org.
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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 of Transportation is
an ex officio member, and U.S. DOT officials participate in various
AASHTO activities as nonvoting representatives. Among other functions,
the AASHTO develops and issues standards, specifications, policies,
guides and
[[Page 6394]]
related materials for use by the States for highway projects. Many of
the standards, policies, and standard specifications approved by the
FHWA and incorporated into 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 NHS
projects.
The National Highway System (NHS) was established by the National
Highway System Designation Act of 1995, Public Law 104-59, Nov. 28,
1995, 109 Stat. 568. The NHS includes the Interstate System and other
principal arterials serving major travel destinations and
transportation needs, connectors to major transportation terminals, the
Strategic Highway Network and connectors, and high priority corridors
identified by law.
Generally, the criteria in the functional chapters of the Policy on
local roads and streets and collectors (Chapters 5 and 6) 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
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.
Although the standards contained in the Policy apply to the
Interstate System, additional guidance applicable to the design of
highways on the Interstate System is included in another AASHTO
publication, ``A Policy on Design Standards--Interstate System.'' \2\
The latest edition of this publication is dated July 1991; no revisions
to this document are proposed at this time.
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\2\ A Policy on Design Standards--Interstate System, 1991, is
available from AASHTO (see footnote 1).
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Summary of Changes
The changes in the 2001 Policy were developed as the result of
formal research projects and information contributed by the AASHTO and
the FHWA staff experts. The changes included such items as the criteria
for stopping sight distance, height of eye and height of object for
measuring sight distance, transition design controls, and intersection
sight distance. The NPRM cited earlier in this section should be
consulted for a more complete description of the changes.
Discussion of Comments
Interested persons were invited to participate in the development
of this final rule by submitting written or electronic comments on the
NPRM to FHWA Docket No. FHWA-2001-10077 on or before November 19, 2001.
The FHWA received two comments to the docket. Both comments were from
State DOT's. One commenter feels that ``A Policy on Design Standards--
Interstate System'' (Interstate Policy) should be eliminated so that
the engineer/designer only has to refer to one document. As mentioned
under the caption SUPPLEMENTARY INFORMATION although the standards
contained in the Policy apply to the Interstate System, additional
standards applicable to the design of highways on the Interstate System
are included separately in the Interstate Policy. The FHWA believes
these additional standards are necessary and that the Interstate Policy
cannot be eliminated. However, in the future, the two publications
could be merged by including the standards in the Interstate Policy
under a separate heading or chapter in the Policy. Both the FHWA and
this commenter will be a party to future revisions of the Policy so
inclusion of the Interstate Policy can be addressed at that time. The
other commenter agreed with the changes and recommended that the FHWA
adopt the new Policy.
Rulemaking Analyses and Notices
In response to the FHWA solicitation of public comment on this
action, we received two comments. These comments have been considered
in evaluating whether any change to this action is needed. The FHWA
determines that no change is required.
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 the U.S. Department of Transportation
regulatory policies and procedures. The economic impact of this
rulemaking will be minimal. Although the new Policy has been revised to
incorporate the latest research, the basic criteria remain essentially
the same. These changes will not adversely affect, in a material way,
any sector of the economy. In addition, these changes will not
interfere with any action taken or planned by another agency and will
not materially alter the budgetary impact of any entitlements, grants,
user fees, or loan programs. Consequently, a full regulatory evaluation
is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this action on small
entities and has determined that this action will not have a
significant economic impact on a substantial number of small entities.
As stated above, although the new Policy has been revised to
incorporate the latest research, the basic criteria remain essentially
the same. For these reasons, the FHWA certifies that this action will
not have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This rule will not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4, March 22, 1995,
109 Stat. 48). This rule will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year (2 U.S.C. 1531 et seq).
Executive Order 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interface with Constitutionally Protected Property Rights.
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)
We have analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or safety that may
disproportionately affect children.
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 does not have sufficient
federalism implications to warrant the preparation
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of a Federalism assessment. The FHWA has also determined that this
action will not preempt any State law or State regulation or affect the
States' ability to discharge traditional State governmental functions.
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 (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FHWA has
determined that this action does not contain collection of information
requirements for the purposes of the PRA.
National Environmental Policy Act
The FHWA 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 will not have any effect on the quality of
the environment.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that it will not have substantial
direct effects on one or more Indian tribes; will not impose
substantial direct compliance costs on Indian tribal governments; and
will not preempt tribal law. Therefore, a tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
We have analyzed this rule 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 a significant
regulatory action under Executive Order 12866 and 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.
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.
Issued on: February 4, 2002.
Mary E. Peters,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA is amending title 23,
Code of Federal Regulations, part 625, as set forth below:
PART 625--DESIGN STANDARDS FOR HIGHWAYS
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).
2. In Sec. 625.4, revise paragraph (a)(1) to read as follows:
Sec. 625.4 Standards, policies, and standard specifications.
* * * * *
(a) * * * (1) A Policy on Geometric Design of Highways and Streets,
AASHTO 2001. [See Sec. 625.4(d)(1)]
* * * * *
[FR Doc. 02-3217 Filed 2-11-02; 8:45 am]
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