This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

71792 

Vol. 70, No. 229 

Wednesday, November 30, 2005 

1A Policy on Design Standards—Interstate 

System, 1991, is available by ordering from 

AASHTO at their Web site at http:// 

www.aashto.org. 2A Policy on Design Standards Interstate System, 

January 2005, is available by ordering from 

AASHTO at their Web site at http:// 

www.aashto.org. 3A Policy on Geometric Design of Highways and 

Streets and Standard Specifications for Highway 

Bridges are available by ordering from AASHTO at 

their Web site at http://www.aashto.org. 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 625 

[FHWA Docket No. FHWA–2005–22476] 

RIN 2125–AF06 

Design Standards for Highways; 

Interstate System 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); request for comments. 

SUMMARY: The FHWA is requesting 

comments on a proposed amendment to 

the design standards that apply to 

highway construction and 

reconstruction projects on the Interstate 

System. A 2005 revision of the 

American Association of State Highway 

and Transportation Officials’ (AASHTO) 

publication entitled A Policy on Design 

Standards Interstate System, January 

2005, has replaced the previous version 

of this policy published in 1991. If 

adopted by the FHWA, the new 

AASHTO publication would constitute 

the FHWA’s policy on geometric design 

standards for all construction and 

reconstruction projects on the Interstate 

System. 

DATES: Comments must be received on 

or before January 30, 2006. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, Room PL–401, 400 Seventh 

Street, SW., Washington, DC 20590, or 

submit electronically at http:// 

dmses.dot.gov/submit. Alternatively, 

comments may be submitted via the 

eRulemaking Portal at: http:// 

www.regulations.gov. 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 selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form on all documents 

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 (65 FR 

19477), or you may visit http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: For 

technical information: Mr. Jon 

Obenberger, Office of Program 

Administration (HIPA–20), (202) 366– 

2221. For legal information: Mr. Robert 

Black, Office of the Chief Counsel 

(HCC–32), (202) 366–1359, Federal 

Highway Administration, 400 Seventh 

Street, SW., Washington, DC 20590– 

0001. 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 Document 

Management System (DMS) at: http:// 

dmses.dot.gov/submit. 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 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 

The standards, policies, and standard 

specifications that have been approved 

by the FHWA for application on all 

construction and reconstruction projects 

on the National Highway System (NHS) 

are incorporated by reference in 23 CFR 

part 625 (Design Standards for 

Highways). For the Interstate System, 

the current document specified in 

§ 625.4(a)(2) is the 1991 edition of A 

Policy on Design Standards—Interstate 

System 1 (Interstate Standards). The 

AASHTO recently revised the Interstate 

Standards and issued the January 2005 

edition.2 The primary reason for 

revising the Interstate Standards was to 

reflect the latest design criteria and 

perform minor editorial changes to the 

previous Interstate Standards. The 

FHWA proposes to adopt this latest 

edition of the Interstate Standards as its 

geometric design standards for all 

construction and reconstruction projects 

on the Interstate System. See ‘‘Summary 

of Changes’’ below for a description of 

the changes made in the January 2005 

edition. 

The Interstate Standards, being only 6 

pages, are not intended to be a ‘‘stand 

alone’’ document for all of the geometric 

design standards that are used in the 

development of projects on the 

Interstate System. The Interstate 

Standards contain criteria that were 

developed specifically in keeping with 

the importance of the Interstate System 

as the backbone of the Nation’s highway 

system. Specific examples include: 

Design traffic, right-of-way, geometric 

design controls and criteria, cross 

section elements, interchanges, and 

bridges and other structures. Other 

publications, such as A Policy on 

Geometric Design of Highways and 

Streets and the Standard Specifications 

for Highway Bridges 3 are referenced in 

the Interstate Standards and used for all 

geometric design issues not specifically 

addressed in the Interstate Standards. 

The policies, standards, and standard 

specifications FHWA has adopted for all 

construction and reconstruction projects 

on the National Highway System (NHS) 

are incorporated by reference in 23 CFR 

part 625. The NHS was established by 

the National Highway System 

Designation Act of 1995, Pub. L. 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 

Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Proposed Rules 71793 

Network and major connectors, and 

high priority corridors identified by law. 

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 non-voting 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 into 23 CFR part 625 

were originally developed and issued by 

the AASHTO. Revisions to AASHTO 

policies, standards, and standard 

specifications are independently 

reviewed, considered, and where 

appropriate adopted by the FHWA for 

their application to projects on the NHS. 

Summary of Changes 

The changes in the Interstate 

Standards were developed as the result 

of information contributed by AASHTO 

and FHWA staff experts. The changes 

made to the Interstate Standards 

(January 2005 edition) consist of the 

following: 

1. Metric values have been added for 

all dimensions. The previous edition 

contained only U.S. Customary values. 

2. In ‘‘Design Speed,’’ the sentence 

specifying a separate design speed for 

rolling terrain has been deleted. The 

impacts of construction in level and 

rolling terrain are considered 

sufficiently close that individual criteria 

are no longer considered necessary. 

3. In ‘‘Gradients,’’ the table for 

maximum grade has been expanded to 

include higher design speeds and 

intermediate design speeds. All of the 

values in the previous edition have been 

incorporated in the new table without 

any changes. The wording of the table 

footnote has been revised. 

4. In ‘‘Shoulders,’’ the discussion of 

shoulder width in mountainous terrain 

has been revised to clarify the values 

that may be used. 

5. In ‘‘Horizontal Clearance to 

Obstructions,’’ the discussion of 

horizontal clearance to obstructions has 

been revised and updated. 

6. In ‘‘Curbs,’’ the discussion of curbs 

has been revised and expanded to 

clarify the use of curbs in conjunction 

with guardrail. 

7. In ‘‘Existing Bridges to Remain in 

Place,’’ the wording has been revised to 

include bridges on future additions to 

the Interstate System. 

8. In ‘‘Tunnels,’’ the discussion of the 

minimum width of a tunnel has been 

revised and a discussion of a safety 

shape barrier at the tunnel wall in lieu 

of a safety walk has been added. 

Conclusion 

The FHWA proposes to amend the 

design standards that apply to highway 

construction and reconstruction projects 

on the Interstate System by adopting the 

2005 edition of AASHTO’s A Policy on 

Design Standards Interstate System. 

Rulemaking Analyses and Notices 

All comments received on or before 

the close of business on the comment 

closing date indicated above will be 

considered and will be available for 

examination in the docket at the above 

address. Comments received after the 

comment closing date will be filed in 

the docket and will be considered to the 

extent practicable. In addition to late 

comments, the FHWA will also 

continue to file relevant information in 

the docket as it becomes available after 

the comment period closing date, and 

interested persons should continue to 

examine the docket for new material. A 

final rule may be published at any time 

after close of the comment period. 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The FHWA has determined 

preliminarily that this action would not 

be a significant regulatory action within 

the meaning of Executive Order 12866 

or would not be significant within the 

meaning of the U.S. Department of 

Transportation regulatory policies and 

procedures. It is anticipated that the 

economic impact of this rulemaking 

would be minimal because the basic 

design standard criteria remain 

essentially the same. The proposed 

changes would not adversely affect, in 

a material way, any sector of the 

economy. In addition, the changes 

would not interfere with any action 

taken or planned by another agency and 

would 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 (Pub. L. 96–354, 5 U.S.C. 

601–612) the FHWA has evaluated the 

effects of this proposed action on small 

entities and has determined that the 

proposed action would not have a 

significant economic impact on a 

substantial number of small entities. As 

stated above the basic design standard 

criteria remain essentially the same. 

Additionally, the proposed changes 

address design standards for States to 

follow in constructing or reconstructing 

the Interstate System. States are not 

included in the definition of small 

entity set forth in 5 U.S.C. 601. For these 

reasons, the FHWA certifies 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, March 22, 1995, 109 

Stat. 48). This proposed 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. 1532). 

Further, in compliance with the 

Unfunded Mandates Reform Act of 

1995, the FHWA will evaluate any 

regulatory action that might be proposed 

in subsequent stages to assess the effects 

on States, local, and tribal governments 

and the private sector. Additionally, the 

definition of ‘‘Federal Mandate’’ in the 

Unfunded Mandates Reform Act 

excludes financial assistance of the type 

in which State, local, or tribal 

governments have authority to adjust 

their participation in the program in 

accordance with changes made in the 

program by the Federal government. 

The Federal-aid Highway Program 

permits this type of flexibility. 

Executive Order 13132 (Federalism 

Assessment) 

This proposed action has been 

analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132, and the FHWA 

has determined that this proposed 

action would not have sufficient 

federalism implications to warrant the 

preparation of a Federalism assessment. 

The FHWA has also determined that 

this proposed action would 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 

71794 Federal Register / Vol. 70, No. 229 / Wednesday, November 30, 2005 / Proposed Rules 

this program. Accordingly, the FHWA 

solicits comments on this issue. 

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 proposal does 

not contain collection of information 

requirements for the purposes of the 

PRA. 

National Environmental Policy Act 

The agency has analyzed this 

proposed action for the purpose of the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321) and has 

determined that this proposed action 

would not have any effect on the quality 

of the environment. 

Executive Order 12630 (Taking of 

Private Property) 

The FHWA has analyzed this 

proposed rule under Executive Order 

12630, Governmental Actions and 

Interface with Constitutionally 

Protected Property Rights. The FHWA 

does not anticipate that this proposed 

action would affect a taking of private 

property or otherwise have taking 

implications under Executive Order 

12630. 

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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. The FHWA 

certifies that this proposed action would 

not cause an environmental risk to 

health or safety that might 

disproportionately affect children. 

Executive Order 13175 (Tribal 

Consultation) 

The FHWA has analyzed this action 

under Executive Order 13175, dated 

November 6, 2000, and believes that the 

proposed action 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 laws. The proposed 

rulemaking addresses obligation of 

Federal funds to States for Federal-aid 

highway projects and would not impose 

any direct compliance requirements on 

Indian tribal governments. Therefore, a 

tribal summary impact statement is not 

required. 

Executive Order 13211 (Energy Effects) 

We have analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use dated May 18, 2001. 

We have determined that it is not a 

significant energy action under that 

order since 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 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: November 21, 2005. 

J. Richard Capka, 

Acting Federal Highway Administrator. 

In consideration of the foregoing, the 

FHWA proposes to amend 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 § 625.4, revise paragraph (a)(2) to 

read as follows: 

§ 625.4 Standards, policies, and standard 

specifications. 

* * * * * 

(a) * * *

(2) A Policy on Design Standards 

Interstate System, AASHTO, January 

2005. [See § 625.4(d)(1)] 

* * * * * 

[FR Doc. 05–23476 Filed 11–29–05; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R09–OAR–2005–CA–0010; FRL–8002–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; California; Carbon 

Monoxide Maintenance Plan Update for 

Ten Planning Areas; Motor Vehicle 

Emissions Budgets; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan revision, 

submitted by the California Air 

Resources Board on November 8, 2004, 

that includes the 2004 Revision to the 

California State Implementation Plan 

for Carbon Monoxide, Updated 

Maintenance Plan for Ten Federal 

Planning Areas. This revision will 

provide a ten-year update to the carbon 

monoxide maintenance plan, as well as 

replace existing and establish new 

carbon monoxide motor vehicle 

emissions budgets for the purposes of 

determining transportation conformity, 

for the following ten areas: Bakersfield 

Metropolitan Area, Chico Urbanized 

Area, Fresno Urbanized Area, Lake 

Tahoe North Shore Area, Lake Tahoe 

South Shore Area, Modesto Urbanized 

Area, Sacramento Urbanized Area, San 

Diego Area, San Francisco-Oakland-San 

Jose Area, and Stockton Urbanized Area. 

In connection with the motor vehicle 

emissions budgets, we are proposing to 

deny a request by the California Air 

Resources Board for EPA to limit the 

duration of our approval of the budgets. 

Lastly, EPA is proposing to correct 

certain errors made in our 1998 final 

rule approving California’s 

redesignation request for these ten 

planning areas. 

DATES: Comments on this proposal must 

be received by December 30, 2005. 

ADDRESSES: Submit comments, 

identified by docket number R09–OAR–

2005–CA–0010, by one of the following 

methods: 

1. Agency Web site: 

http://docket.epa.gov/rmepub/. EPA