[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Proposed Rules]
[Pages 44793-44795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20713]


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

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SUMMARY: The American Association of State Highway and Transportation 
Officials (AASHTO) Manual for Condition Evaluation of Bridges, 1994, 
second edition (also referred to as ``the Manual''), together with the 
2001 and 2003 Interim Revisions, is incorporated by reference in 23 CFR 
part 650, subpart E, approved by the Federal Highway Administration, 
and recognized as a national standard for bridge inspections and load 
rating. The purpose of this notice 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: Comments must be received on or before September 30, 2009.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of 
Transportation, Dockets Management Facility, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, or submit electronically at http://www.regulations.gov or fax comments to (202) 493-2251. All comments 
should include the docket number that appears in the heading of this 
document. All comments received will be available for examination and 
copying at the above address from 9 a.m. to 5 p.m., e.t., Monday 
through Friday, except Federal holidays. Those desiring notification of 
receipt of comments must include a self-addressed, stamped postcard or 
may print the acknowledgment page that appears after submitting 
comments electronically. Anyone is able to search the electronic form 
of all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70, Page 19477-78) or 
you may visit http://dms.dot.gov.

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

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at: http://www.regulations.gov. Electronic 
submission and retrieval help and guidelines are available under the 
help section of the Web site. It is available 24 hours each day, 365 
days each year. Please follow the instructions. 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 NPRM is being issued to provide an opportunity for public 
comment on the proposed 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 (LRFR) 
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 desires to update the NBIS regulation to 
reflect the latest information contained in the AASHTO documents. The 
FHWA also proposes to update the definition for ``AASHTO Manual'' to 
reflect the updated document.

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

[[Page 44794]]

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 preliminarily that this action 
would not have a significant economic impact on a substantial number of 
small entities.

Unfunded Mandates Reform Act of 1995

    This proposed 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 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: August 19, 2009.
Victor M. Mendez,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend title 
23, Code of Federal Regulations part 650 as follows:

PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS

Subpart C--National Bridge Inspection Standards

    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).

    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).
* * * * *
    3. Revise Sec.  650.317(b) to read as follows:


Sec.  650.317  Reference manuals.

* * * * *
    (b) The Manual for Bridge Evaluation, First Edition, 2008, AASHTO, 
incorporated by reference approved for Sec. Sec.  650.305 and 650.313, 
is available for purchase from the American Association of State 
Highway and Transportation Officials, Suite 249, 444 N. Capitol Street, 
NW., Washington, DC

[[Page 44795]]

20001. The materials may also be ordered via the AASHTO bookstore 
located at the following URL: http://www.aashto.org/aashto/home.nsf/FrontPage.

[FR Doc. E9-20713 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-22-P