15392 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

became effective upon publication in

the Federal Register.

Accordingly, the publication on

March 24, 1997, of the final regulations

to consolidate, eliminate, and clarify

various regulations, which were the

subject of Federal Register Document

95–7036, is corrected as follows:

PART 1300—[CORRECTED]

§ 1300.02 [Amended]

1. On page 13945, in the first column,

in § 1300.02 remove paragraphs

(b)(28)(i)(D)(1) through (D) (2)(ii) and

add the following text:

* * * * *

(b) * * *

(28) * * *

(i) * * *

(D) * * *

(1)(i) the drug contains ephedrine or

its salts, optical isomers, or salts of

optical isomers; or

(ii) The Administrator has determined

pursuant to the criteria in 1310.10 that

the drug or group of drugs is being

diverted to obtain the listed chemical

for use in the illicit production of a

controlled substance; and

(2) The quantity of ephedrine or other

listed chemical contained in the drug

included in the transaction or multiple

transactions equals or exceeds the

threshold established for that chemical.

* * * * *

2. On page 13945, in the second

column, in § 1300.02(b)(29), remove the

introductory text and add the following

text:

* * * * *

(b) * * *

(29) The term retail distributor means

a grocery store, general merchandise

store, drug store, or other entity or

person whose activities as a distributor

relating to drug products containing

pseudoephedrine,

phenylpropanolamine, or ephedrine are

limited almost exclusively to sales for

personal use, both in number of sales

and volume of sales, either directly to

walk-in customers or in face-to-face

transactions by direct sales. For the

purposes of this paragraph, sale for

personal use means the distribution of

below-threshold quantities in a single

transaction to an individual for

legitimate medical use. Also for the

purposes of this paragraph, a grocery

store is an entity within Standard

Industrial Classification (SIC) code

5411, a general merchandise store is an

entity within SIC codes 5300 through

5399 and 5499, and a drug store is an

entity within SIC code 5912.

* * * * *

PART 1309—[CORRECTED]

1. On page 13968, in the second

column, in amendment number 4,

remove ‘‘(a) Section 1309.02(g)’’ and

redesignate (b) through (d) as (a)

through (c).

PART 1310—[CORRECTED]

1. On page 13968, in the third

column, amendment number 5 should

be removed and amendment 6

redesignated as amendment 5.

Dated: March 27, 1997.

James Milford,

Acting Deputy Administrator, Drug

Enforcement Administration.

[FR Doc. 97–8334 Filed 3–31–97; 8:45 am]

BILLING CODE 4410–09–P–M

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.

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
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 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
15394 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

being removed from 23 CFR part 625

and will appear instead in the ‘‘FederalAid 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
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 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
15396 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

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 crosssection 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
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 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 Federalaid 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).

§ 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.

§ 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.

§ 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

§ 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 § 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 § 625.4 of this

part, the latest listed standard, policy, or

standard specification will govern.

(c) Application of FHWA regulations,

although cited in § 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
15398 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

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.

§ 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 § 625.4(d)(1)]

(2) A Policy on Design Standards—

Interstate System, AASHTO 1991. [See

§ 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 § 625.4(d)(1)]

(2) Interim Specifications—Bridges,

AASHTO 1993. [See § 625.4(d)(1)]

(3) Interim Specifications—Bridges,

AASHTO 1994. [See § 625.4(d)(1)]

(4) Interim Specifications—Bridges,

AASHTO 1995. [See § 625.4(d)(1)]

(5) AASHTO LRFD Bridge Design

Specifications, First Edition, AASHTO

1994 (U.S. Units). [See § 625.4(d)(1)]

(6) AASHTO LRFD Bridge Design

Specifications, First Edition, AASHTO

1994 (SI Units). [See § 625.4(d)(1)]

(7) Standard Specifications for

Movable Highway Bridges, AASHTO

1988. [See § 625.4(d)(1)]

(8) Bridge Welding Code, ANSI/

AASHTO/AWS D1.5–95, AASHTO. [See

§ 625.4(d) (1) and (2)]

(9) Structural Welding Code—

Reinforcing Steel, ANSI/AWS D1.4–92,

1992. [See § 625.4(d)(2)]

(10) Standard Specifications for

Structural Supports for Highway Signs,

Luminaires and Traffic Signals,

AASHTO 1994. [See § 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 § 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 § 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

Coast Guard

33 CFR Part 165

[CGD08–97–008]

RIN 2115–AE84

Amendment to Regulated Navigation

Area Regulations; Lower Mississippi

River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: On March 18, 1997, the Coast

Guard established a temporary regulated

navigation area affecting the operation

of downbound tows in the Lower

Mississippi River from mile 347 at

Vicksburg, MS to mile 88 above Head of

Passes. This amendment extends the

southern limit of the regulated

navigation area to the boundary of the

territorial sea at the approaches to South

West Pass and includes regulations

affecting the operation of self-propelled

vessels of 1600 gross tons or greater. The

regulated navigation area is needed to

protect vessels, bridges, shore-side

facilities and the public from a safety

hazard created by high water and

resulting flooding along the Lower

Mississippi River. Downbound barge

traffic and the transitting of selfpropelled vessels of 1600 or more gross

tons are prohibited unless they are in

compliance with this regulation.

DATES: This amended regulation is

effective from 10:00 a.m. on March 21,

1997 and terminates at 12 p.m. on April

5, 1997.

FOR FURTHER INFORMATION CONTACT:

CDR Harvey R. Dexter, Marine Safety

Division, USCG Eighth District at New

Orleans, LA (504) 589–6271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The velocity of river currents on the

Lower Mississippi River are

approaching an all time high. Several

recent vessel allisions with bridges and

barge breakaways have been caused by

strong currents and eddies resulting

from flood conditions on the Lower

Mississippi River. Consequently, the