[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Rules and Regulations]
[Pages 67166-67175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32112]
[[Page 67165]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
Federal Transit Administration
_______________________________________________________________________
23 CFR Part 450, et al.
49 CFR Parts 613 and 614
Management and Monitoring Systems; Final Rule
Federal Register / Vol. 61, No. 245 / Thursday, December 19, 1996 /
Rules and Regulations
[[Page 67166]]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 450, 500, and 626
[FHWA/FTA Docket No. 92-14]
RIN 2125-AC97
Federal Transit Administration
49 CFR Parts 613 and 614
RIN 2132-AA47
Management and Monitoring Systems
AGENCIES: Federal Highway Administration (FHWA), Federal Transit
Administration (FTA), DOT.
ACTION: Final rule.
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SUMMARY: The Federal Highway Administration and the Federal Transit
Administration are issuing regulations for State development,
establishment, and implementation of systems for managing: Highway
pavement of Federal-aid highways; bridges on and off Federal-aid
highways; highway safety; traffic congestion; public transportation
facilities and equipment; and intermodal transportation facilities and
systems; and a system for monitoring highway and public transportation
facilities and equipment.
This rule will remove the management system certification and
sanction requirements and allow the States to elect to not implement
the management systems in whole or in part.
DATES: This final rule is effective on January 21, 1997.
FOR FURTHER INFORMATION CONTACT: For information on the general
provisions: Mr. Tony Solury, 202-366-5003. For information on a
specific system: Highway pavement--Mr. Frank Botelho, 202-366-1336;
Bridge--Mr. Charles Chambers, 202-366-4618; Highway safety--Mr. Fred
Small, 202-366-9212; Traffic congestion--Mr. Charles Goodman, 202-366-
8070; Public transportation facilities and equipment--Mr. Sean
Libberton, 202-366-0055; Intermodal transportation facilities and
systems--Mr. Dane Ismart, 202-366-4071; Traffic monitoring--Mr. Tony
Esteve, 202-366-5051. For information on legal issues: Mr. Wilbert
Baccus, FHWA Office of the Chief Counsel, 202-366-0780. Office hours
are 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: Section 1034 of the ISTEA (Pub. L. 102-240,
105 Stat. 1914, 1977) amended Title 23, United States Code, Highways
(23 U.S.C.), by adding section 303, Management Systems (23 U.S.C. 303),
which requires the Secretary of Transportation to issue regulations for
State development, establishment, and implementation of a system for
managing each of the following:
(1) Highway pavement of Federal-aid highways (PMS),
(2) Bridges on and off Federal-aid highways (BMS),
(3) Highway safety (SMS),
(4) Traffic congestion (CMS),
(5) Public transportation facilities and equipment (PTMS), and
(6) Intermodal transportation facilities and systems (IMS).
The systems must be developed and implemented in cooperation with
metropolitan planning organizations (MPOs), in metropolitan areas, and
with affected agencies receiving assistance under the Federal Transit
Act, Public Law 88-365, 78 Stat. 302, as amended.
Section 303 also requires the Secretary to issue guidelines and
requirements for the State development, establishment, and
implementation of a traffic monitoring system (TMS) for highways and
public transportation facilities and equipment.
Both the metropolitan (23 U.S.C. 134 and 49 U.S.C. 5303-5305) and
statewide (23 U.S.C. 135) transportation planning provisions require
consideration of the needs identified through use of the management
systems in the respective planning processes.
The legislative history reflects the Congress' concerns about
placing potentially burdensome requirements on States. Accordingly, it
amended 23 U.S.C. 303(c) through section 205(a) of the NHS Act, to
allow States the flexibility to choose which management systems to
implement under 23 U.S.C. 303. This final rule reflects this State
option and contains only minimum requirements for those systems that a
State chooses to implement under the provisions of section 303. The
Secretary may not impose any penalty on a State for such election. This
option does not apply to the separate legislative requirements that the
planning process in Transportation Management Areas (TMAs) include a
CMS (23 U.S.C. 134(i)(3) and 49 U.S.C. 5305(c)) and that Federal funds
not be programmed in a carbon monoxide and/or ozone nonattainment TMA
for any highway project that will result in a significant increase in
single-occupant-vehicle capacity unless the project is based on an
approved congestion management system (23 U.S.C. 134(l) and 49 U.S.C.
5305(c)). It also does not apply to the TMS.
An advance notice of proposed rulemaking (ANPRM) was published in
the June 3, 1992, Federal Register (57 FR 23460) to solicit early input
for development of these regulations. Public workshops for the SMS were
announced in the April 28, 1992, Federal Register (57 FR 17868) and
were conducted in Washington, DC, on May 29, 1992, in San Francisco,
CA, on June 1, 1992, and in Kansas City, MO, on June 10, 1992. Four
public workshops for the CMS, PTMS, and IMS were announced in the May
26, 1992, Federal Register (57 FR 21915) and were conducted in Los
Angeles, CA, on June 18, 1992, in New York, NY, on June 29, 1992, in
Chicago, IL, on July 14, 1992, and in Houston, TX, on July 21, 1992.
The purpose of the workshops was to obtain input to the rulemaking
process to supplement the comments to the ANPRM docket. The ANPRM was
issued with two docket numbers, FHWA 92-14 and FTA 92-B.
Approximately 125 individuals attended the workshops for the SMS
and over 320 attended the workshops for the CMS, PTMS, and IMS.
Summaries of comments presented and documents submitted at the public
workshops are available for review in FHWA docket number 92-14.
Approximately 162 sets of comments on the ANPRM were submitted to
docket numbers FHWA 92-14 and FTA 92-B. Approximately 48 percent of the
comments to the dockets were from State agencies (transportation/
highway departments, motor vehicle departments, State police, etc.), 13
percent from National interest groups/associations, 10 percent from
regional planning agencies/MPOs, 10 percent from local agencies
(cities, counties), 8 percent from private businesses or individuals, 7
percent from transit operators, and 4 percent from miscellaneous
agencies. Since approximately two-thirds of the comments submitted to
the FTA docket number 92-B were duplicates of those submitted to the
FHWA docket number 92-14, the FTA docket was closed and those comments
submitted to FTA Docket 92-B that were not duplicates were placed in
FHWA/FTA docket number 92-14.
The testimony from the ANPRM workshops and comments submitted to
the ANPRM dockets were reviewed and used to prepare a notice of
proposed rulemaking (NPRM) which was published in the March 2, 1993,
Federal Register (58 FR 12096). The NPRM was issued under FHWA/FTA
docket number 92-14 only. Four public meetings for the CMS, PTMS, and
IMS were announced in the March 24, 1993, Federal Register (58 FR
15816) and were conducted during the NPRM
[[Page 67167]]
comment period in San Francisco, CA, on April 1, 1993, in Atlanta, GA,
on April 8, 1993, in Philadelphia, PA, on April 15, 1993, and in Kansas
City, MO, on April 21, 1993. The purpose of the NPRM meetings was to
obtain input to the rulemaking process to supplement the comments to
the NPRM docket. Approximately 220 individuals attended the NPRM public
meetings for the CMS, PTMS, and IMS. Transcripts of comments presented
and copies of documents submitted at the public meetings are available
for review in docket number 92-14.
After considering the comments submitted to the docket and the
testimony presented at the four public meetings, the FHWA and the FTA
revised the proposed regulation and published an interim final rule
(IFR) in the December 1, 1993, Federal Register (58 FR 63442). The
regulation was issued as an IFR in response to concerns regarding the
anticipated data collection burden. Subsequent to issuance of the IFR,
the FHWA and the FTA visited 10 States to obtain additional information
to refine the data collection burden estimates. This information was
used to prepare the information in the section below titled Paperwork
Reduction Act.
Fifty six sets of comments were submitted to FHWA/FTA docket number
92-14 in response to the IFR. Approximately 64 percent of the comments
to the docket were from State agencies (transportation/highway, safety,
environmental), 14 percent from National/regional interest groups/
associations, 11 percent from regional planning agencies/MPOs, 5
percent from local agencies (cities, counties), 4 percent from transit
operators/railroad companies, and 2 percent from universities.
The overwhelming majority of comments expressed continuing concern
over the potential data burden of the regulation. This was not
unexpected since the preamble to the IFR specifically solicited comment
on the data burden to assist the FHWA and the FTA in developing an
estimate of the data burden for submission to the Office of Management
and Budget (OMB). Three commenters suggested that additional data or
that standardized data be required. In addition, several commenters
expressed concern over the extent of coverage of the systems and the
perceived prescriptiveness of the IFR. Many commenters suggested
editorial changes. In spite of these data and coverage concerns, many
of the commenters supported the concept of the management systems. With
the elimination of detailed technical requirements and since compliance
is optional, except for the CMS in TMAs and the TMS as noted above, the
basis for most of these comments should be eliminated.
As part of the government-wide regulatory streamlining effort that
was announced by the President in March 1995, the FHWA and the FTA
reviewed the interim final rule for the ISTEA management and monitoring
systems. During this same time period, pending legislation for
designation of the National Highway System (NHS) which included a
provision that would remove the management system certification and
sanction requirements and make implementation of the six management
systems optional had passed in the Senate. Many States, MPOs, and other
involved agencies were aware of these developments and were concerned
about proceeding with significant financial and manpower commitments
necessary to carry out the work plans for the systems in view of the
uncertainty surrounding the management systems.
On July 20, 1995, the FHWA and the FTA issued guidance on the
continued development of the systems in a memorandum (copy available
for review in docket 92-14) to their regional offices. The memorandum
indicated that, until the uncertainty surrounding the management
systems was resolved, continued development of the systems could be
limited to the NHS for the PMS, BMS, and SMS and to TMAs for the CMS
and PTMS, and to intermodal facilities connected to the NHS for the
IMS. The compliance dates were also extended except for the BMS. Any
necessary data collection related to the management systems would be
limited and tailored to support development and implementation of the
management systems in accordance with the guidance above. The National
Highway System Designation Act of 1995 (NHS Act) included amendments to
23 U.S.C. 303 that allow a State to elect to not implement, in whole or
in part, any one or more of the management systems required under 23
U.S.C. 303. In addition, the certification requirement was removed and
the Secretary may not impose any sanction on, or withhold any benefit
from a State that elects to take this approach. The FHWA and the FTA
issued guidance on these changes in a March 7, 1996, memorandum (copy
available for review in FHWA/FTA docket 92-14) to their regional
offices. The guidance indicated that, effective immediately,
certifications were no longer required and sanctions could not be
imposed.
The NHS Act does not affect the requirement in 23 U.S.C. 134(i)(3)
and 49 U.S.C. 5305(c) that the planning process in all TMAs include a
CMS. As with all planning process requirements, compliance with this
requirement will be addressed during metropolitan planning process
certification reviews for all TMAs.
The NHS Act also does not affect the requirement in 23 U.S.C.
134(l) and 49 U.S.C. 5305(f) that Federal funds may not be programmed
in a carbon monoxide and/or ozone nonattainment TMA for any project
that will result in a significant increase in single-occupant-vehicle
(SOV) capacity unless the project is based on an approved CMS. The
March 7, 1996, memorandum indicated that until September 30, 1997, the
interim CMS procedures in 23 CFR 450.336(b) may be used to meet this
requirement. After this date, such projects must be based on a fully
operational CMS.
All of the language in the NHS Act and conference report (H.R.
Conf. Rep. No. 345, 104th Cong., 1st Sess. (1995)) refers to management
systems. There are no references to the traffic monitoring system.
Therefore, the requirements for the traffic monitoring system for
highways and public transportation are unchanged.
The FHWA and the FTA believe that the primary purpose of
transportation management systems is to provide system performance
information to the public, local officials, and those having
responsibility for the operation of the transportation system. These
systems provide critical information for transportation investment
decisions so that limited resources can be programmed effectively to
improve the efficiency and safety of and protect our investment in the
nation's transportation infrastructure. To this end, the FHWA and the
FTA endorse continued implementation of the transportation management
systems specified in 23 U.S.C. 303, whether under a State's, MPO's, or
transit operator's own procedures or under the provisions of this
regulation. The FHWA and the FTA believe that development and use of
existing or new transportation management systems will support
decision-making that emphasizes enhanced service at minimum public and
private life-cycle cost. Funding for the development and implementation
of any of the systems, in whole or in part, continues to be eligible
for the funding categories identified in 23 CFR 500.105. The FHWA and
the FTA will continue to provide technical assistance in the management
of the transportation system in these critical areas.
This final regulation is being issued as part 500 of subchapter F
of title 23,
[[Page 67168]]
Code of Federal Regulations (23 CFR). Subpart A of part 500 includes
definitions and requirements applicable to the six management systems.
Subpart B includes requirements for the traffic monitoring system. The
requirements in 23 CFR Part 500 are incorporated by cross reference
into the FTA's regulations as part 614 of chapter VI of title 49, Code
of Federal Regulations.
A discussion of revisions to the rule follows.
Subpart A--Management Systems
In view of the optional nature of the six management systems, most
of the technical requirements in former subparts A through G, except
for requirements for the CMS, have been removed. Sections 500.107,
Compliance, and 500.109, Sanctions, have been deleted in their entirety
because of the above noted legislative changes. Similarly, the
provisions of former Sec. 500.113, Acceptance of Existing Systems, are
no longer needed since any systems in existence when the ISTEA was
enacted that a State wanted to use would already have been submitted
for acceptance. Except for the CMS in non-attainment TMAs and the TMS,
the compliance schedules have been removed. Those provisions of former
subparts A through G that have been retained are in revised subpart A.
Section-by-Section Analysis
Section 500.101 Purpose
This section states the purpose of this regulation.
Section 500.102 Policy
This section is new. Paragraph (a) emphasizes the value that the
FHWA and the FTA believe that management systems can provide to make
cost-effective investment decisions and that the FHWA and the FTA will
continue to support development of the systems whether they are
developed under State or local procedures or under this regulation.
Paragraph (b) was Sec. 500.111, ``Funds for development,
establishment, and implementation of the systems,'' in the IFR.
Language has been added to indicate that the specified categories of
funds may be used for any of the systems whether or not the systems are
developed under the provisions of this part or under a State's, MPO's,
or transit operator's own procedures. The references to the Federal
Transit Act have been updated to refer to the corresponding sections of
title 49, U.S.C., since the Federal Transit Act is now codified as
Chapter 53 of that title.
Section 500.103 Definitions
Since many of the terms defined in the IFR are no longer used in
the final rule, they have been deleted. The remaining definitions are
unchanged from the IFR.
Section 500.104 State Option
This section reflects the NHS Act provision that allows a State to
elect, at any time, not to implement any of the six management systems
under 23 U.S.C. 303, in whole or in part except as specified in
Sec. 105(a) and (b).
Section 500.105 Requirements
This section was titled ``Development, Establishment, and
Implementation of the Systems'' in the IFR.
Paragraph (a) specifies that, in accordance with 23 U.S.C. 134 and
49 U.S.C. 303-5307, the metropolitan planning process in TMAs include a
CMS that meets the requirements of Sec. 500.109 of this final rule.
Paragraph (b) indicates that the State option also does not apply
to the requirements for the TMS in subpart B.
Paragraph (c) is former Sec. 500.105(c) which includes the
requirement that any of the management systems that a State chooses to
develop under 23 U.S.C., be developed in cooperation with MPOs in
metropolitan areas, transit operators, local officials, and other
affected agencies.
Paragraph (d) is former Sec. 500.105(g). This paragraph includes
the legislative requirement that the results from management systems be
considered in the development of statewide and metropolitan
transportation plans and programs and in making project selection
decisions under title 23, U.S.C., and title 49 U.S.C., Chapter 53 (the
Federal Transit Act).
The provisions in Secs. 500.105(e), (f), (h), (i), and (j) of the
IFR regarding incorporation of certain systems into the metropolitan
planning processes, coordination among MPOs, identification of roles
and responsibilities, the relationship to the 23 U.S.C. 303 management
systems to those required under 23 U.S.C. 204 for Federal lands
highways, and periodic evaluation of the effectiveness of the systems
have been eliminated.
Section 500.106 PMS
This section identifies the minimum criteria for an effective PMS
for Federal-aid highways which may be based on the ``AASHTO Guidelines
for Pavement Management Systems.'' \1\ All other specific requirements
of subpart B of the IFR have been removed.
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\1\ AASHTO Guidelines for Pavement Management Systems, July
1990, can be purchased from the American Association of State
Highway and Transportation Officials, 444 N. Capitol Street, NW.,
Suite 249, Washington, D.C. 20001. Available for inspection as
prescribed in 49 CFR part 7, appendix D.
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Section 500.107 BMS
This section identifies the minimum criteria for an effective BMS
for bridges on and off Federal-aid highways which may be based on the
``AASHTO Guidelines for Bridge Management Systems.'' \2\ All other
specific requirements of subpart C of the IFR have been removed.
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\2\ AASHTO Guidelines for Bridge Management Systems, 1992, can
be purchased from the American Association of State Highway and
Transportation Officials, 444 N. Capitol Street, NW., Suite 249,
Washington, D.C. 20001. Available for inspection as prescribed in 49
CFR part 7, appendix D.
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Section 500.108 SMS
This section identifies the minimum criteria for an effective SMS
which may be based on the guidance in ``Safety Management Systems: Good
Practices for Development and Implementation.'' \3\ All other specific
requirements of subpart D of the IFR have been removed.
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\3\ Safety Management Systems: Good Practices for Development
and Implementation, FHWA and NHTSA, May 1996. Available for
inspection and copying as prescribed in 49 CFR part 7, appendix D.
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Section 500.109 CMS
Paragraph (a) identifies the general criteria for a CMS in all
areas of a State. The provisions of this paragraph are optional for all
areas of a State except TMAs. The definitions of ``congestion'' and
``congestion management system'' in Sec. 500.503 of the IFR have been
incorporated into this paragraph. The flexibility in the former
definitions for State and local officials to determine performance
measures and levels of performance has been retained. The emphasis on
consideration of actions to reduce SOV travel in Sec. 500.505(b) of the
IFR has been incorporated into paragraph (a). The remainder of
Sec. 500.109 applies to CMSs in TMAs but is recommended for CMSs in all
areas of a State.
Paragraph (b) includes additional requirements for the CMS in TMAs.
The requirement in Sec. 500.505(d) of the IFR that the metropolitan
planning process in TMAs include a CMS has been moved to this
paragraph. The remainder of this paragraph is a consolidation and
rewording of provisions of Sec. 500.507 CMS components of the IFR. The
sample list of 12 categories of strategies that should be considered in
Sec. 500.507(c) of the IFR has been
[[Page 67169]]
consolidated into five broader categories in Sec. 500.109(b)(4) of the
final rule.
The requirements in Sec. 500.505(c) of the IFR regarding
programming of Federal funds for projects that will result in a
significant increase in SOV capacity in TMAs that are non-attainment
for carbon monoxide and/or ozone are in Sec. 500.109(c) of the final
rule.
Paragraph (d) of this section includes compliance requirements for
the CMS in TMAs. Compliance with the requirement that the planning
process include a CMS will be addressed during metropolitan planning
process certification reviews for all TMAs. If the planning process in
TMAs does not include a CMS that meets the requirements of this
section, deficiencies and corrective actions will be identified in the
certification review. Until September 30, 1997, the interim CMS
procedures in 23 CFR 450.336(b) may be used to meet the requirement
that programming of Federal funds for SOV projects in non-attainment
TMAs be based on an approved CMS. After this date, such projects will
need to be based on a CMS that meets the requirements of this part.
Section 500.110 PTMS
This section identifies general criteria for an effective PTMS for
development by the States in cooperation with recipients and
subrecipients under Chapter 53 of title 49, U.S.C. The provisions of
Sec. 500.607(b)(2) of the IFR regarding vehicle and ridership data have
been moved to subpart B, Traffic Monitoring System, of this final rule.
All other specific requirements of subpart F of the IFR have been
removed.
Section 500.111 IMS
This section identifies the minimum criteria for an effective IMS.
All other specific requirements of subpart G of the IFR have been
removed.
Subpart B--Traffic Monitoring System
Subpart H, Traffic Monitoring System for Highways (TMS/H), has been
moved to subpart B of the final rule and has been retitled Traffic
Monitoring System (TMS) since the traffic monitoring requirements for
public transportation facilities and equipment have been moved from
subpart F of the IFR to this subpart. Except as noted below, only minor
editorial changes have been made to this subpart.
The traffic monitoring data requirements for public transportation
facilities and equipment specified in Sec. 500.607(b)(2) of the IFR
have been moved to a definition of ``transit traffic data'' in
Sec. 500.203. Section 500.203(g) of the final rule specifies that
transit traffic data is to be collected in cooperation with MPOs and
transit operators.
The compliance schedule in Sec. 500.809 of the IFR has been revised
and moved to paragraph Sec. 500.203(h) of the final rule. The TMS for
highways and public transportation facilities and equipment is to be
fully operational by October 1, 1997.
For ease of reference, the following table is provided to assist
the user in locating section and paragraph changes made in this
rulemaking:
------------------------------------------------------------------------
Old section New section
------------------------------------------------------------------------
500.101................................... 500.101.
None...................................... 500.102(a).
500.103................................... 500.103.
None...................................... 500.104.
None...................................... 500.105(a), (b).
500.105(b)................................ Removed.
500.105(c)................................ 500.105(c).
500.105(d)................................ 500.109(b).
500.105(e),(f)............................ Removed.
500.105(g)................................ 500.105(d).
500.105(h), through (j)................... Removed.
500.107................................... Removed.
500.109................................... Removed.
500.111................................... 500.102(b).
500.113................................... Removed.
500.201 through 209....................... 500.106.
500.301 through 309....................... 500.107.
500.401 through 409....................... 500.108.
500.501................................... Removed.
500.503................................... 500.109(a).
500.505(a),(b)............................ 500.109(a).
500.505(c)................................ Removed.
500.505(d)................................ 500.109(b).
500.505(e)................................ 500.109(c).
500.505(f)................................ Removed.
500.505(g)................................ Removed.
500.507................................... 500.109(b).
500.509................................... 500.109(d).
500.601 through 609, except 500.607(b)(2). 500.110.
500.607(b)(2)............................. 500.202, 500.203(g).
500.701 through 709....................... 500.111.
500.801................................... 500.201.
500.803................................... 500.202.
500.805................................... 500.203(a) through (f).
500.807................................... 500.204.
500.809................................... 500.203(h).
------------------------------------------------------------------------
23 CFR Part 450 and 49 CFR Part 613
As a result of the changes in 23 CFR Part 500, technical amendments
have been made in the metropolitan transportation planning regulation
in 23 CFR Part 450 and 49 CFR Part 613. These technical amendments in
wording and references are necessary to reflect the revisions to the
provisions in Part 500 for CMSs in TMAs.
In addition, a technical amendment has been made to Sec. 450.316,
Metropolitan transportation planning process: Elements, to add
recreational travel and tourism as a factor to be considered in the
development of metropolitan transportation plans and programs. This
element was added to 23 U.S.C. 134(f) by section 317 of the NHS Act.
23 CFR Part 626
With the issuance of 23 CFR Part 500 in the December 1, 1993,
Federal Register (58 FR 63442), the FHWA incorporated previous PMS and
pavement design requirements in former 23 CFR Part 626 into 23 CFR Part
500 and removed Part 626 to eliminate redundancy. With publication of
this final rule for the management systems, the FHWA is separating
pavement design requirements from Part 500 and placing them into a
reestablished Part 626.
Rulemaking Analyses and Notices Executive Order 12866 (Regulatory
Planning and Review) and DOT Regulatory Policies and Pocedures
This rulemaking is considered to be a significant regulatory action
under Executive Order 12866 and is considered to be significant under
the regulatory policies and procedures of the DOT because of
substantial State, local government, congressional and public interest.
This final rule implements 23 U.S.C. 303 which requires the Secretary
of Transportation to issue regulations for State development,
establishment, and implementation of six identified management systems
and guidelines and requirements for a traffic monitoring system for
highways and public transportation facilities and equipment. These
management systems are intended to assist State transportation decision
makers in maintaining and improving the condition and performance of
their transportation systems. As amended by the NHS Act, section 303
indicates that States may elect not to implement any of the six
management systems under section 303 in whole or in part.
In compliance with the final rule is optional, except for the CMS
in TMAs and the TMS, the only ``mandatory'' burden for compliance would
be that associated with these provisions. Since the CMS in TMAs is part
of the planning process required by 23 U.S.C. 134 and most States
already have TMSs that meet the requirements of the final rule, any
additional costs to State and local governments to develop and
implement these systems will be so minimal that no further analysis
will be necessary.
[[Page 67170]]
Regulatory Flexibility Act
Since compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA and the FTA have evaluated the effects of this rule on
small entities, such as local governments and businesses. While
compliance with most parts of this final rule is optional, several
categories of available Federal funds identified in the rule can be
used to develop and implement the systems, whether or not they are
developed under the rule or under State or local procedures. The FHWA
and the FTA believe that this rule will not have a significant economic
impact on a substantial number of small entities. Accordingly, the FHWA
and the FTA certify that this rulemaking would not have a significant
economic impact on a substantial number of such entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612. Section 303 of title 23,
U.S.C., requires the Secretary to issue regulations and requirements/
guidelines to implement the management and traffic monitoring system
provisions. The rule recognizes the role of States, MPOs, local
governments, and operators of transportation systems and facilities in
implementing these systems and allows them not to implement the systems
in whole or in part. Accordingly, it is certified that the policies
contained in this document have been assessed in light of the
principles, criteria, and requirements of the Federalism Executive
Order. It has been determined that this rule does not have sufficient
Federalism implications to warrant a full Federalism Assessment under
the principles and criteria contained in Executive Order 12612.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Numbers 20.205,
Highway Planning and Construction, 20.505, FTA Technical Studies
Grants, and 20.507, Capital and Operating Assistance Formula Grants.
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities apply
to these programs.
Paperwork Reduction Act
Except for the CMS in TMAs and the TMS, implementation of the
management systems identified in this rule by the States and other
agencies is optional. The CMS in TMAs is a requirement of the
metropolitan planning provisions of 23 U.S.C. 134 and 49 U.S.C. 5303-
5305. OMB control number 2132-0529 for the statewide and metropolitan
planning regulations (23 CFR Part 450) includes the information
collection burden for all planning process requirements including the
CMS in TMAs. With respect to the TMS, the technical procedures in
subpart B of 23 CFR Part 500, are only applicable when traffic data is
needed for the purposes specified in Sec. 500.203. Any information
collection burden or reporting requirements associated with subpart B
are covered by the respective programs specified in Sec. 500.203 that
require traffic data. Since the management systems are optional, any
traffic data needed for the management systems are also optional.
The regulation does not require any reporting to the Federal
government. Therefore, there is no information collection or reporting
burden for this regulation. Elimination of the requirements for
workplans, certification statements, and status reports removes an
annual average reporting burden of 22,180 person hours. Estimation of
the annual information collection burden that would have occurred under
the IFR for each of the management systems varied significantly by
system, status of preexisting efforts by the States, and extent of
transportation facilities that would have needed to be included, as
well as by the level of sophistication that a State chose to implement.
Based on the information provided by the 10 States visited by the FHWA
and the FTA it is estimated that the annual person hours of information
collection burden by system per State would have ranged from: 250 to
23,000 for the PMS; 0 to 8,000 for the BMS; 1000 to 41,000 for the SMS;
0 to 60,000 for the CMS; 200 to 3,200 for the PTMS; 1,300 to 31,000 for
the IMS; and 0 to 3,120 for the TMS. This burden estimate for the CMS
does not include the CMS in TMAs which is a planning process
requirement. The estimate for the TMS includes only the additional
traffic data needed for the management systems.
National Environmental Policy Act
The FHWA and the FTA have analyzed this action for the purpose of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and have 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
23 CFR Part 450
Grant programs--transportation, Highways and roads, Mass
transportation, Metropolitan planning, Statewide planning, Project
selection, Metropolitan transportation improvement program, Statewide
transportation improvement program.
23 CFR Part 500
Bridges, Grant programs--transportation, Highway traffic safety,
Highways and roads, Mass transportation, Reporting and recordkeeping
requirements.
23 CFR Part 626
Design standards, Grant programs--transportation, Highways and
roads.
49 CFR Part 613
Grant programs--transportation, Mass transportation.
49 CFR Part 614
Grant programs--transportation, Mass transportation.
Issued on: December 9, 1996.
Rodney E. Slater,
Federal Highway Administrator.
Gordon J. Linton,
Federal Transit Administrator.
In consideration of the foregoing, Chapter I of title 23, CFR, and
Chapter VI of title 49, CFR, are amended as set forth below.
23 CFR Chapter I
SUBCHAPTER F--TRANSPORTATION INFRASTRUCTURE MANAGEMENT
PART 500--MANAGEMENT AND MONITORING SYSTEMS
1. Part 500 of subchapter F is revised to read as follows:
Subpart A--Management systems
Sec.
500.101 Purpose.
500.102 Policy.
500.103 Definitions.
500.104 State option.
500.105 Requirements.
500.106 PMS.
500.107 BMS.
500.108 SMS.
500.109 CMS.
500.110 PTMS.
500.111 IMS.
[[Page 67171]]
Subpart B--Traffic Monitoring System
Sec.
500.201 Purpose.
500.202 TMS definitions.
500.203 TMS general requirements.
500.204 TMS components for highway traffic data.
Authority: 23 U.S.C. 134, 135, 303 and 315; 49 U.S.C. 5303-5305;
23 CFR 1.32; and 49 CFR 1.48 and 1.51.
Subpart A--Management Systems
Sec. 500.101 Purpose.
The purpose of this part is to implement the requirements of 23
U.S.C. 303(a) which directs the Secretary of Transportation (the
Secretary) to issue regulations for State development, establishment,
and implementation of systems for managing highway pavement of Federal-
aid highways (PMS), bridges on and off Federal-aid highways (BMS),
highway safety (SMS), traffic congestion (CMS), public transportation
facilities and equipment (PTMS), and intermodal transportation
facilities and systems (IMS). This regulation also implements 23 U.S.C.
303(b) which directs the Secretary to issue guidelines and requirements
for State development, establishment, and implementation of a traffic
monitoring system for highways and public transportation facilities and
equipment (TMS).
Sec. 500.102 Policy.
(a) Federal, State, and local governments are under increasing
pressure to balance their budgets and, at the same time, respond to
public demands for quality services. Along with the need to invest in
America's future, this leaves transportation agencies with the task of
trying to manage current transportation systems as cost-effectively as
possible to meet evolving, as well as backlog needs. The use of
existing or new transportation management systems provides a framework
for cost-effective decision making that emphasizes enhanced service at
reduced public and private life-cycle cost. The primary outcome of
transportation management systems is improved system performance and
safety. The Federal Highway Administration (FHWA) and the Federal
Transit Administration (FTA) strongly encourage implementation of
transportation management systems consistent with State, metropolitan
planning organization, transit operator, or local government needs.
(b) Whether the systems are developed under the provisions of this
part or under a State's own procedures, the following categories of
FHWA administered funds may be used for development, establishment, and
implementation of any of the management systems and the traffic
monitoring system: National highway system; surface transportation
program; State planning and research and metropolitan planning funds
(including the optional use of minimum allocation funds authorized
under 23 U.S.C. 157(c) and restoration funds authorized under
Sec. 202(f) of the National Highway System Designation Act of 1995
(Pub.L. 104-59) for carrying out the provisions of 23 U.S.C. 307(c)(1)
and 23 U.S.C. 134(a)); congestion mitigation and air quality
improvement program funds for those management systems that can be
shown to contribute to the attainment of a national ambient air quality
standard; and apportioned bridge funds for development and
establishment of the bridge management system. The following categories
of FTA administered funds may be used for development, establishment,
and implementation of the CMS, PTMS, IMS, and TMS: Metropolitan
planning; State planning and research, and formula transit funds.
Sec. 500.103 Definitions.
Unless otherwise specified in this part, the definitions in 23
U.S.C. 101(a) are applicable to this part. As used in this part:
Federal-aid highways means those highways eligible for assistance
under title 23, U.S.C., except those functionally classified as local
or rural minor collectors.
Metropolitan planning organization (MPO) means the forum for
cooperative transportation decision making for a metropolitan planning
area.
National Highway System (NHS) means the system of highways
designated and approved in accordance with the provisions of 23 U.S.C.
103(b).
State means any one of the fifty States, the District of Columbia,
or Puerto Rico.
Transportation management area (TMA) means an urbanized area with a
population over 200,000 (as determined by the latest decennial census)
or other area when TMA designation is requested by the Governor and the
MPO (or affected local officials), and officially designated by the
Administrators of the FHWA and the FTA. The TMA designation applies to
the entire metropolitan planning area(s).
Sec. 500.104 State option.
Except as specified in Sec. 500.105 (a) and (b), a State may elect
at any time not to implement any one or more of the management systems
required under 23 U.S.C. 303, in whole or in part.
Sec. 500.105 Requirements.
(a) The metropolitan transportation planning process (23 U.S.C. 134
and 49 U.S.C. 5303-5005) in TMAs shall include a CMS that meets the
requirements of Sec. 500.109 of this regulation.
(b) States shall develop, establish, and implement a TMS that meets
the requirements of subpart B of this regulation.
(c) Any of the management systems that the State chooses to
implement under 23 U.S.C. 303 and this regulation shall be developed in
cooperation with MPOs in metropolitan areas, affected agencies
receiving assistance under the Federal Transit Act (49 U.S.C., Chapter
53), and other agencies (including private owners and operators) that
have responsibility for operation of the affected transportation
systems or facilities.
(d) The results (e.g., policies, programs, projects, etc.) of any
of the management systems that a State chooses to develop under 23
U.S.C. 303 and this regulation shall be considered in the development
of metropolitan and statewide transportation plans and improvement
programs and in making project selection decisions under title 23,
U.S.C., and under the Federal Transit Act. Plans and programs adopted
after September 30, 1997, shall demonstrate compliance with this
requirement.
Sec. 500.106 PMS.
An effective PMS for Federal-aid highways is a systematic process
that provides information for use in implementing cost-effective
pavement reconstruction, rehabilitation, and preventative maintenance
programs and that results in pavements designed to accommodate current
and forecasted traffic in a safe, durable, and cost-effective manner.
The PMS should be based on the ``AASHTO Guidelines for Pavement
Management Systems.'' 1
---------------------------------------------------------------------------
\1\ 1 AASHTO Guidelines for Pavement Management Systems, July
1990, can be purchased from the American Association of State
Highway and Transportation Officials, 444 N. Capitol Street, NW.,
Suite 249, Washington, D.C. 20001. Available for inspection as
prescribed in 49 CFR part 7, appendix D.
---------------------------------------------------------------------------
Sec. 500.107 BMS.
An effective BMS for bridges on and off Federal-aid highways that
should be based on the ``AASHTO Guidelines for Bridge Management
Systems'' 2 and that
[[Page 67172]]
supplies analyses and summaries of data, uses mathematical models to
make forecasts and recommendations, and provides the means by which
alternative policies and programs may be efficiently considered. An
effective BMS should include, as a minimum, formal procedures for:
---------------------------------------------------------------------------
\2\ AASHTO Guidelines for Bridge Management Systems, 1992, can
be purchased from the American Association of State Highway and
Transportation Officials, 444 N. Capitol Street, NW., Suite 249,
Washington, D.C. 20001. Available for inspection as prescribed in 49
CFR part 7, appendix D.
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(a) Collecting, processing, and updating data;
(b) Predicting deterioration;
(c) Identifying alternative actions;
(d) Predicting costs;
(e) Determining optimal policies;
(f) Performing short- and long-term budget forecasting; and
(g) Recommending programs and schedules for implementation within
policy and budget constraints.
Sec. 500.108 SMS.
An SMS is a systematic process with the goal of reducing the number
and severity of traffic crashes by ensuring that all opportunities to
improve highway safety are identified, considered, implemented as
appropriate, and evaluated in all phases of highway planning, design,
construction, maintenance, and operation and by providing information
for selecting and implementing effective highway safety strategies and
projects. The development of the SMS may be based on the guidance in
``Safety Management Systems: Good Practices for Development and
Implementation.'' 3 An effective SMS should include, at a minimum:
---------------------------------------------------------------------------
\3\ Safety Management Systems: Good Practices for Development
and Implementation, FHWA and NHTSA, May 1996. Available for
inspection and copying as prescribed in 49 CFR part 7, appendix D.
---------------------------------------------------------------------------
(a) Communication, coordination, and cooperation among the
organizations responsible for the roadway, human, and vehicle safety
elements;
(b) A focal point for coordination of the development,
establishment, and implementation of the SMS among the agencies
responsible for these major safety elements;
(c) Establishment of short- and long-term highway safety goals to
address identified safety problems;
(d) Collection, analysis, and linkage of highway safety data;
(e) Identification of the safety responsibilities of units and
positions;
(f) Public information and education activities; and
(g) Identification of skills, resources, and training needs to
implement highway safety programs.
Sec. 500.109 CMS.
(a) For purposes of this regulation, congestion means the level at
which transportation system performance is no longer acceptable due to
traffic interference. The level of system performance deemed acceptable
by State and local officials may vary by type of transportation
facility, geographic location (metropolitan area or subarea, rural
area), and/or time of day. An effective CMS is a systematic process for
managing congestion that provides information on transportation system
performance and on alternative strategies for alleviating congestion
and enhancing the mobility of persons and goods to levels that meet
State and local needs. The CMS results in serious consideration of
implementation of strategies that provide the most efficient and
effective use of existing and future transportation facilities. In both
metropolitan and non-metropolitan areas, consideration needs to be
given to strategies that reduce SOV travel and improve existing
transportation system efficiency. Where the addition of general purpose
lanes is determined to be an appropriate strategy, explicit
consideration is to be given to the incorporation of appropriate
features into the SOV project to facilitate future demand management
and operational improvement strategies that will maintain the
functional integrity of those lanes.
(b) In addition to the criteria in paragraph (a) of this section,
in all TMAs, the CMS shall be developed, established and implemented as
part of the metropolitan planning process in accordance with 23 CFR
450.320(c) and shall include:
(1) Methods to monitor and evaluate the performance of the
multimodal transportation system, identify the causes of congestion,
identify and evaluate alternative actions, provide information
supporting the implementation of actions, and evaluate the efficiency
and effectiveness of implemented actions;
(2) Definition of parameters for measuring the extent of congestion
and for supporting the evaluation of the effectiveness of congestion
reduction and mobility enhancement strategies for the movement of
people and goods. Since levels of acceptable system performance may
vary among local communities, performance measures and service
thresholds should be tailored to the specific needs of the area and
established cooperatively by the State, affected MPO(s), and local
officials in consultation with the operators of major modes of
transportation in the coverage area;
(3) Establishment of a program for data collection and system
performance monitoring to define the extent and duration of congestion,
to help determine the causes of congestion, and to evaluate the
efficiency and effectiveness of implemented actions. To the extent
possible, existing data sources should be used, as well as appropriate
application of the real-time system performance monitoring capabilities
available through Intelligent Transportation Systems (ITS)
technologies;
(4) Identification and evaluation of the anticipated performance
and expected benefits of appropriate traditional and nontraditional
congestion management strategies that will contribute to the more
efficient use of existing and future transportation systems based on
the established performance measures. The following categories of
strategies, or combinations of strategies, should be appropriately
considered for each area: Transportation demand management measures,
including growth management and congestion pricing; traffic operational
improvements; public transportation improvements; ITS technologies;
and, where necessary, additional system capacity.
(5) Identification of an implementation schedule, implementation
responsibilities, and possible funding sources for each strategy (or
combination of strategies) proposed for implementation; and
(6) Implementation of a process for periodic assessment of the
efficiency and effectiveness of implemented strategies, in terms of the
area's established performance measures. The results of this evaluation
shall be provided to decision makers to provide guidance on selection
of effective strategies for future implementation.
(c) In a TMA designated as nonattainment for carbon monoxide and/or
ozone, the CMS shall provide an appropriate analysis of all reasonable
(including multimodal) travel demand reduction and operational
management strategies for the corridor in which a project that will
result in a significant increase in capacity for SOVs (adding general
purpose lanes to an existing highway or constructing a new highway) is
proposed. If the analysis demonstrates that travel demand reduction and
operational management strategies cannot fully satisfy the need for
additional capacity in the corridor and additional SOV capacity is
warranted, then the CMS shall identify all reasonable strategies to
manage the SOV facility effectively (or to facilitate its management in
the future). Other travel demand reduction and operational management
strategies appropriate for the corridor, but not
[[Page 67173]]
appropriate for incorporation into the SOV facility itself shall also
be identified through the CMS. All identified reasonable travel demand
reduction and operational management strategies shall be incorporated
into the SOV project or committed to by the State and MPO for
implementation.
(d)(1) Compliance with the requirement that the planning process in
all TMAs include a CMS will be addressed during metropolitan planning
process certification reviews for all TMAs specified in 23 CFR 450.334.
If the metropolitan planning process in a TMA does not include a CMS
that meets the requirements of this section, deficiencies will be noted
and corrections will need to be made in accordance with the schedule
established in the certification review.
(2) Until October 1, 1997, the interim CMS procedures in 23 CFR
450.336(b) may be used to meet the requirement in 23 U.S.C. 134(l) that
Federal funds may not be programmed in a carbon monoxide and/or ozone
nonattainment TMA for any highway project that will result in a
significant increase in single-occupant-vehicle capacity unless the
project is based on an approved CMS. After September 30, 1997, such
projects must be based on a CMS that meets the requirements of this
part.
Sec. 500.110 PTMS.
An effective PTMS for public transportation facilities (e.g.,
maintenance facilities, stations, terminals, transit related
structures), equipment, and rolling stock is a systematic process that
collects and analyzes information on the condition and cost of transit
assets on a continual basis, identifies needs, and enables decision
makers to select cost-effective strategies for providing and
maintaining transit assets in serviceable condition. The PTMS should
cover public transportation systems operated by the State, local
jurisdictions, public transportation agencies and authorities, and
private (for profit and non-profit) transit operators receiving funds
under the Federal Transit Act and include, at a minimum:
(a) Development of transit asset condition measures and standards;
(b) An inventory of the transit assets including age, condition,
remaining useful life, and replacement cost; and
(c) Identification, evaluation, and implementation of appropriate
strategies and projects.
Sec. 500.111 IMS.
An effective IMS for intermodal facilities and systems provides
efficient, safe, and convenient movement of people and goods through
integration of transportation facilities and systems and improvement in
the coordination in planning, and implementation of air, water, and the
various land-based transportation facilities and systems. An IMS should
include, at a minimum:
(a) Establishment of performance measures;
(b) Identification of key linkages between one or more modes of
transportation, where the performance or use of one mode will affect
another;
(c) Definition of strategies for improving the effectiveness of
these modal interactions; and
(d) Evaluation and implementation of these strategies to enhance
the overall performance of the transportation system.
Subpart B--Traffic Monitoring System
Sec. 500.201 Purpose.
The purpose of this subpart is to set forth requirements for
development, establishment, implementation, and continued operation of
a traffic monitoring system for highways and public transportation
facilities and equipment (TMS) in each State in accordance with the
provisions of 23 U.S.C. 303 and subpart A of this part.
Sec. 500.202 TMS definitions.
Unless otherwise specified in this part, the definitions in 23
U.S.C. 101(a) and Sec. 500.103 are applicable to this subpart. As used
in this part:
Highway traffic data means data used to develop estimates of the
amount of person or vehicular travel, vehicle usage, or vehicle
characteristics associated with a system of highways or with a
particular location on a highway. These types of data support the
estimation of the number of vehicles traversing a section of highway or
system of highways during a prescribed time period (traffic volume),
the portion of such vehicles that may be of a particular type (vehicle
classification), the weights of such vehicles including the weight of
each axle and associated distances between axles on a vehicle (vehicle
weight), or the average number of persons being transported in a
vehicle (vehicle occupancy).
Traffic monitoring system means a systematic process for the
collection, analysis, summary, and retention of highway and transit
related person and vehicular traffic data.
Transit traffic data means person and vehicular data for public
transportation on public highways and streets and the number of
vehicles and ridership for dedicated transit rights-of-way (e.g., rail
and busways), at the maximum load points for the peak period in the
peak direction and for the daily time period.
Sec. 500.203 TMS general requirements.
(a) Each State shall develop, establish, and implement, on a
continuing basis, a TMS to be used for obtaining highway traffic data
when:
(1) The data are supplied to the U.S. Department of Transportation
(U.S. DOT);
(2) The data are used in support of transportation management
systems;
(3) The data are used in support of studies or systems which are
the responsibility of the U.S. DOT;
(4) The collection of the data is supported by the use of Federal
funds provided from programs of the U.S. DOT;
(5) The data are used in the apportionment or allocation of Federal
funds by the U.S. DOT;
(6) The data are used in the design or construction of an FHWA
funded project; or
(7) The data are required as part of a federally mandated program
of the U.S. DOT.
(b) The TMS for highway traffic data should be based on the
concepts described in the American Association of State Highway and
Transportation Officials (AASHTO) ``AASHTO Guidelines for Traffic Data
Programs'' 4 and the FHWA ``Traffic Monitoring Guide (TMG),''
5 and shall be consistent with the FHWA ``Highway Performance
Monitoring System Field Manual.'' 6
---------------------------------------------------------------------------
\4\ AASHTO Guidelines for Traffic Data Programs, 1992, ISBN 1-
56051-054-4, can be purchased from the American Association of State
Highway and Transportation Officials, 444 N. Capitol Street, NW.,
Suite 249, Washington, D.C. 20001. Available for inspection as
prescribed in 49 CFR part 7, appendix D.
\5\ Traffic Monitoring Guide, DOT/FHWA, publication No. FHWA-PL-
95-031, February 1995. Available for inspection and copying as
prescribed in 49 CFR part 7, appendix D.
\6\ Highway Performance Monitoring System (HPMS) Field Manual
for the Continuing Analytical and Statistical Data Base, DOT/FHWA,
August 30, 1993 (FHWA Order M5600.1B). Available for inspection and
copying as prescribed in 49 CFR part 7, appendix D.
---------------------------------------------------------------------------
(c) The TMS shall cover all public roads except those functionally
classified as local or rural minor collector or those that are
federally owned. Coverage of federally owned public roads shall be
determined cooperatively by the State, the FHWA, and the agencies that
own the roads.
(d) The State's TMS shall apply to the activities of local
governments and other public or private non-State government entities
collecting highway traffic data within the State if the collected data
are to be used for any of the purposes enumerated in Sec. 500.203(a) of
this subpart.
[[Page 67174]]
(e) Procedures other than those referenced in this subpart may be
used if the alternative procedures are documented by the State to
furnish the precision levels as defined for the various purposes
enumerated in Sec. 500.203(a) of this subpart and are found acceptable
by the FHWA.
(f) Nothing in this subpart shall prohibit the collection of
additional highway traffic data if such data are needed in the
administration or management of a highway activity or are needed in the
design of a highway project.
(g) Transit traffic data shall be collected in cooperation with
MPOs and transit operators.
(h) The TMS for highways and public transportation facilities and
equipment shall be fully operational and in use by October 1, 1997.
Sec. 500.204 TMS components for highway traffic data.
(a) General. Each State's TMS, including those using alternative
procedures, shall address the components in paragraphs (b) through (h)
of this section.
(b) Precision of reported data. Traffic data supplied for the
purposes identified in Sec. 500.203(a) of this subpart shall be to the
statistical precision applicable at the time of the data's collection
as specified by the data users at various levels of government. A
State's TMS shall meet the statistical precisions established by FHWA
for the HPMS.
(c) Continuous counter operations. Within each State, there shall
be sufficient continuous counters of traffic volumes, vehicle
classification, and vehicle weight to provide estimates of changes in
highway travel patterns and to provide for the development of day-of-
week, seasonal, axle correction, growth factors, or other comparable
factors approved by the FHWA that support the development of traffic
estimates to meet the statistical precision requirements of the data
uses identified in Sec. 500.203(a) of this subpart. As appropriate,
sufficient continuous counts of vehicle classification and vehicle
weight should be available to address traffic data program needs.
(d) Short term traffic monitoring. (1) Count data for traffic
volumes collected in the field shall be adjusted to reflect annual
average conditions. The estimation of annual average daily traffic will
be through the appropriate application of only the following: Seasonal
factors, day-of-week factors, and, when necessary, axle correction and
growth factors or other comparable factors approved by the FHWA. Count
data that have not been adjusted to represent annual average conditions
will be noted as being unadjusted when they are reported. The duration
and frequency of such monitoring shall comply to the data needs
identified in Sec. 500.203(a) of this subpart.
(2) Vehicle classification activities on the National Highway
System (NHS), shall be sufficient to assure that, on a cycle of no
greater than three years, every major system segment (i.e., segments
between interchanges or intersections of principal arterials of the NHS
with other principal arterials of the NHS) will be monitored to provide
information on the numbers of single-trailer combination trucks,
multiple-trailer combination trucks, two-axle four-tire vehicles, buses
and the total number of vehicles operating on an average day. If it is
determined that two or more continuous major system segments have both
similar traffic volumes and distributions of the vehicle types
identified above, a single monitoring session will be sufficient to
monitor these segments.
(e) Vehicle occupancy monitoring. As deemed appropriate to support
the data uses identified in Sec. 500.203(a) of this subpart, data will
be collected on the average number of persons per automobile, light
two-axle truck, and bus. The duration, geographic extent, and level of
detail shall be consistent with the intended use of the data, as
cooperatively agreed to by the organizations that will use the data and
the organizations that will collect the data. Such vehicle occupancy
data shall be reviewed at least every three years and updated as
necessary. Acceptable data collection methods include roadside
monitoring, traveler surveys, the use of administrative records (e.g.,
accident reports or reports developed in support of public
transportation programs), or any other method mutually acceptable to
the responsible organizations and the FHWA.
(f) Field operations. (1) Each State's TMS for highway traffic data
shall include the testing of equipment used in the collection of the
data. This testing shall be based on documented procedures developed by
the State. This documentation will describe the test procedure as well
as the frequency of testing. Standards of the American Society for
Testing and Materials or guidance from the AASHTO may be used. Only
equipment passing the test procedures will be used for the collection
of data for the purposes identified in Sec. 500.203(a) of this subpart.
(2) Documentation of field operations shall include the number of
counts, the period of monitoring, the cycle of monitoring, and the
spatial and temporal distribution of count sites. Copies of the State's
documentation shall be provided to the FHWA Division Administrator when
it is initially developed and after each revision.
(g) Source data retention. For estimates of traffic or travel, the
value or values collected during a monitoring session, as well as
information on the date(s) and hour(s) of monitoring, will remain
available until the traffic or travel estimates based on the count
session are updated. Data shall be available in formats that conform to
those in the version of the TMG current at the time of data collection
or as then amended by the FHWA.
(h) Office factoring procedures. (1) Factors to adjust data from
short term monitoring sessions to estimates of average daily conditions
shall be used to adjust for month, day of week, axle correction, and
growth or other comparable factors approved by the FHWA. These factors
will be reviewed annually and updated at least every three years.
(2) The procedures used by a State to edit and adjust highway
traffic data collected from short term counts at field locations to
estimates of average traffic volume shall be documented. The
documentation shall include the factors discussed in paragraph (d)(1)
of this section. The documentation shall remain available as long as
the traffic or travel estimates discussed in paragraph (g) of this
section remain current. Copies of the State's documentation shall be
provided to the FHWA Division Administrator when it is initially
developed and after each revision.
2. Subchapter G is amended by adding Part 626 to read as follows:
PART 626--PAVEMENT POLICY
Sec.
626.1 Purpose.
626.2 Definitions.
626.3 Policy.
Authority: 23 U.S.C. 101(e), 109, and 315; 49 CFR 1.48(b)
Sec. 626.1 Purpose.
To set forth pavement design policy for Federal-aid highway
projects.
Sec. 626.2 Definitions.
Unless otherwise specified in this part, the definitions in 23
U.S.C. 101(a) are applicable to this part. As used in this part:
Pavement design means a project level activity where detailed
engineering and economic considerations are given to alternative
combinations of subbase, base, and surface materials which will provide
adequate load carrying capacity. Factors
[[Page 67175]]
which are considered include: Materials, traffic, climate, maintenance,
drainage, and life-cycle costs.
Sec. 626.3 Policy.
Pavement shall be designed to accommodate current and predicted
traffic needs in a safe, durable, and cost effective manner.
SUBCHAPTER E--PLANNING AND RESEARCH
PART 450--PLANNING ASSISTANCE AND STANDARDS
Subpart C--Metropolitan Transportation Planning and Programming
3. The authority citation for part 450 is revised to read as
follows:
Authority: 23 U.S.C. 134, 135, 217(g), and 315; 42 U.S.C. 7410
et seq.; 49 U.S.C. 5303-5306; 49 CFR 1.48(b) and 1.51.
4. Section 450.316 is amended by removing the word ``and'' after
the semicolon in paragraph (a)(14); by adding the word ``and'' at the
end of paragraph (a)(15); and by adding paragraph (a)(16) to read as
follows:
Sec. 450.316 Metropolitan transportation planning process: Elements.
(a) * * *
(16) Recreational travel and tourism.
* * * * *
Sec. 450.318 [Amended]
5. Section 450.318 paragraph (e), is amended by replacing the
reference ``23 CFR 500.509'' with ``23 CFR 500.109(b)''.
6. Section 450.320 is amended by revising paragraph (a); in
paragraph (b) by removing the words ``, subpart E'' and the words
``identified under 23 CFR 500.505(e)''; and in paragraph (c) by
removing the words ``, subpart E''. As revised, paragraph (a) reads as
follows:
Sec. 450.320 Metropolitan transportation planning process:
Relationship to management systems.
(a) Within all metropolitan areas, congestion, public
transportation, and intermodal management systems, to the extent
appropriate, shall be part of the metropolitan transportation planning
process required under the provisions of 23 U.S.C. 134 and 49 U.S.C.
5303-5305.
* * * * *
7. Section 450.322 is amended in paragraph (b)(4) by removing the
words ``, subpart E''.
8. Section 450.336 is amended by removing paragraph (b)(6).
49 CFR CHAPTER VI
PART 613--PLANNING ASSISTANCE AND STANDARDS
9. The authority citation for part 613 is revised to read as
follows:
Authority: 23 U.S.C 134, 135, and 217(g); 42 U.S.C. 3334, 4233,
4332, 7410 et seq; 49 U.S.C. 5303-5306, 5323(k); and 49 CFR 1.48(b),
1.51(f) and 21.7(a).
10. Part 614 is revised to read as follows:
PART 614--TRANSPORTATION INFRASTRUCTURE MANAGEMENT
Sec.
614.101 Cross-reference to management systems.
Authority: 23 U.S.C. 303; 49 U.S.C. 5303-5305; and 49 CFR 1.48
and 1.51.
Sec. 614.101 Cross-reference to management systems.
The regulations in 23 CFR Part 500, subparts A and B shall be
followed in complying with the requirements of this part. Part 500,
subparts A and B implement 23 U.S.C. 303 for State development,
establishment, and implementation of systems for managing traffic
congestion (CMS), public transportation facilities and equipment
(PTMS), intermodal transportation facilities and systems (IMS), and
traffic monitoring for highways and public transportation facilities
and equipment.
[FR Doc. 96-32112 Filed 12-18-96; 8:45 am]
BILLING CODE 4910-22-P
