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Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
§ 520.1010
Government Printing Office’s Electronic Rockville, MD 20855, 301–827–8549, e- conditions of use in paragraph (d)(2)(i) SUPPLEMENTARY INFORMATION: Phoenix
Scientific, Inc., 3915 South 48th St. Ter., * * * * * Background
200–382 for veterinary prescription use of Furosemide Syrup 1% in dogs by oral Stephen F. Sundlof,
Director, Center for Veterinary Medicine. [FR Doc. 04–27291 Filed 12–13–04; 8:45 am] BILLING CODE 4160–01–S
required the Secretary of Transportation edema. Phoenix Scientific’s Furosemide to establish NBIS to ensure the safety of of Intervet, Inc.’s LASIX (furosemide) DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA–2001–8954]
RIN 2125–AE86
Assistance Act of 1978 (Pub. L. 95–599, National Bridge Inspection Standards
AGENCY: Federal Highway
ACTION: Final rule.
Assistance Act of 1987 (Pub. L. 100–17, SUMMARY: The FHWA is revising its
Management (HFA–305), Food and Drug regulation on the National Bridge action is necessary to address perceived 25.33(a)(1) that this action is of a type cumulatively have a significant effect on more logical sequence; and makes the understand, not only by the inspector in the ANPRM recommended that the Discussion of Comments Received to
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because the Notice of Proposed Rulemaking
it is a rule of ‘‘particular applicability.’’ DATES: This rule is effective January 13,
List of Subjects in 21 CFR Part 520
authority delegated to the Commissioner Mr. Robert Black, Office of the Chief 25 States, 44 counties, 9 cities, 1 Indian of Food and Drugs and redelegated to the Counsel, HCC–30, (202) 366–1359, 20590–0001. Office hours are from 7:45 PART 520–ORAL DOSAGE FORM NEW a.m. to 4:15 p.m. e.t., Monday through
Illinois Association of County Engineers ■ 1. The authority citation for 21 CFR SUPPLEMENTARY INFORMATION:
Electronic Access
County Engineers (NACE) and 3 private citizens. Authority: 21 U.S.C. 360b.
Discussion of Rulemaking Text
Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
tribes are in a separate category. Indian FHWA response: As clearly stated in not been incorporated into the following ‘‘highway bridges’’ located on ‘‘public regulations. Paragraph references are as passageways; however, these bridges are requires inventory of tribally owned not covered under the NBIS.
Summary of Comments
bridges. Absent such clear language, the bridges and potential threat to travelers FHWA response: Some confusion has bridges. While 23 U.S.C. 151 states that the NBIS are for all highway bridges, the Hence, for purposes of this rule, tribally a lot of very good suggestions that have Section-by-Section Analysis
to public travel (see 23 U.S.C. 151 for within many States, the motoring public National bridge inspection program).
accordance with the NBIS or reroute any administratively used roads support definitions of ‘‘public road’’ and ‘‘highway bridge’’ be included to further railroad tracks, pipelines, or other types authorities or bridge owners are strongly FHWA response: The terms ‘‘public road’’ and ‘‘highway’’ are already reference to the existing definitions for ‘‘public road’’ and ‘‘highway.’’ lighting, retaining walls, noise barriers Public authorities have an obligation to Non-public authorities including utility and that the NBIS needs to be very clear all public roads. The term ‘‘public road’’ are strongly encouraged to periodically is defined in 23 U.S.C. 101(a)(27) as inspect and maintain their structures for 1 The American Association of State Highway and Transportation Officials (AASHTO) Manual for Condition Evaluation of Bridges, 2000, Second Edition may be obtained upon payment in advance by writing to AASHTO, 444 N. Capitol Street, NW., Transportation Equity Act for the 21st Century (see travel.’’ The NBIS applies to seasonally Suite 249, Washington, DC 20001; or it may be 23 U.S.C. 202(d)(4)(A) and the regulation can be or periodically opened public roads and found at 23 CFR 661) for improving deficient Indian Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
the regulation. The term ‘‘predominate’’ definition for ‘‘critical finding.’’ A without trespassing on private property. definition for ‘‘major flood event’’ is not terms ‘‘highway’’ and ‘‘public road’’ are already defined in 23 U.S.C. 101 (a) (11) ‘‘Recording and Coding Guide for the Structure Inventory and Appraisal of the believe that the definition for ‘‘bridge inspection experience,’’ which includes the statement that ‘‘the predominate definitions for highway and public road. that it agreed that tribally owned bridges amount’’ of experience be ‘‘bridge inspection,’’ adequately addresses the explicitly, however; if a tribally owned definition for ‘‘bridge,’’ an action AASHTO definition for ‘‘bridge’’ early tribally owned bridges not subject to the following terms: ‘‘public road,’’ and bridges that fall within Indian lands ‘‘highway bridge,’’ ‘‘professional granted to the Bureau of Indian Affairs. substantial,’’ ‘‘80 hours,’’ ‘‘damage It indicated that all bridges that fall on inspection,’’ and ‘‘routine permit FHWA response: As stated previously, the AASHTO each recommended that one of the requirements for participation the definition for ‘‘damage inspection’’ in the IRRBP and eligibility for Federal funding is for the bridge to be recorded a definition for ‘‘damage inspection.’’ (see 23 CFR 661.25). In order for this to definition for a ‘‘bridge.’’ The Iowa DOT Occupational Safety and Health agree that a tribally owned bridge needs sentence of the ‘‘bridge’’ definition deleting reference to ‘‘other moving term ‘‘designated diving supervisor’’ be included with the definitions along with inspection to indicate diving operations consultants with this level of training. the term ‘‘professional engineer’’ within that safe diving practices as prescribed include a definition for ‘‘public road.’’ term ‘‘public authority’’ defined in the clarification of what is meant by ‘‘major flood event,’’ ‘‘critical finding,’’ and whether it applies to ‘‘privately owned bridges,’’ those located on seasonally wanted to know what ‘‘critical finding’’ supervisor’’ is not used in the regulation 3 The ‘‘Recording and Coding Guide for Structure been added for ‘‘professional engineer’’ Inventory and Appraisal of the Nation’s Bridges,’’ December 1995, Report No. FHWA–PD–96–001, is available electronically at the following URL: definition from the AASHTO manual for commentary and questions regarding ‘‘damage inspection’’ that was proposed the use of the terms ‘‘action plan’’ and may be inspected and copied as prescribed in 49 The terms ‘‘80 hours,’’ ‘‘substantial,’’ 4 IRRBP funds are provided under the Federal Lands Highway Program see 23 U.S.C. 202(d)(4)(A) ‘‘routine permit inspection,’’ and and the regulation can be found at 23 CFR 661.
‘‘public authority’’ will not be used in throughout the regulation and that their Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
regulation. The intent is to give special ‘‘responsible capacity’’ defined in the indicated that the word ‘‘and’’ was ‘‘hands-on’’ inspection should be modified using ‘‘may be supplemented by nondestructive testing’’ instead of ‘‘are supplemented by nondestructive allows the States the flexibility to use DOTs along with the AASHTO asked for definition for ‘‘in-depth inspection’’ be inspection may be necessary’’ but not changes for the definition ‘‘routine FHWA response: The second sentence permit load.’’ of the definition for ‘‘hands-on’’ has been modified by changing ‘‘are’’ to ‘‘may be’’ so that nondestructive testing the definition of ‘‘bridge inspection experience’’ and made minor changes to inspection. The definition for ‘‘in-depth recommended that the definition for inspection’’ has been modified to note ‘‘scour critical’’ be modified.
this definition is adequate to convey the that hands-on inspection may be FHWA response: We have considered to assure that inspectors are qualified. provided a definition for ‘‘scour critical scour critical bridge, is used to identify the current status of a bridge regarding FHWA response: The definition gives states that the definition should include procedures’’ and require timelines for on § 650.311(a)(1) pointed out that the special attention. Cable stayed bridges, FHWA response: We have adopted the critical elevation as determined by an The bridge inspection program manager, definitions for inspection types including ‘‘initial’’ and ‘‘routine’’ that defining the term ‘‘fatigue sensitive’’ to location of the bridge; review of bridge distinguish from the term ‘‘fracture ‘‘program manager’’ needs clarification. FHWA response: The Indiana DOT’s ‘‘fatigue sensitive’’ refers to steel the bridge; soil type; historical data from more than one program manager. That is other bridges on an adjacent stream, be part of a load-path redundant system, a correct assessment of our intent. We do not want to restrict those States that ‘‘fracture critical inspection’’ be responsibility for § 650.307(c)(1) and (2). that the NBIS include a definition for changed to ‘‘fracture critical member The Maryland DOT wants the definition ‘‘State transportation department.’’ changed to ‘‘eliminate the need for any FHWA response: The term ‘‘State small local jurisdiction to require fully transportation department’’ is already ‘‘hands on’’ in this definition and made trained individuals.’’ A qualified team leader must be present for each initial, definition for ‘‘fracture critical member’’ regardless of the jurisdiction, and a and recommended that it be rewritten.
FHWA response: The term ‘‘fracture critical’’ is consistent with the AASHTO leaders. The program manager clarification that in § 650.307(a) States Manual. The term ‘‘fracture critical definition in § 650.305 has been revised member inspection’’ will be used in the Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
the inspections by a city or county were of § 650.305 regarding diving operations FHWA response: States are no longer responsible for reporting inspection data have to complete inspections using their of county bridges and was concerned FHWA response: States have always under the NBIS. Delegation of the NBIS functions to counties and other local inspections. The use and distribution of HBRRP funds within the State is within ‘‘quality assurance (QA)’’ be removed. FHWA response: The present bridge it would need additional resources (i.e., inspection standards regulation requires nonregulatory supplement to the The part of the regulation that requires public roads (§ 650.305(a)) is written in program be in place to assure that bridge relationships and need no agreements or responsible for inspecting each highway accordance with these standards and to assure the quality of inspection data. We might be interpreted to mean that bridge that a State is ultimately responsible for delegation does not relieve the State of tribally owned. Subsection (a) of section regarding § 650.307(c) for acceptable FHWA should ‘‘acknowledge that States responsibilities) in accordance with any organizations,’’ to establish the bridge inspection standards for ‘‘all highway activities and functions. To ensure that bridges.’’ In subsection (b) the Congress all NBIS requirements are met, the State method by which such inspections shall performed by consultants. be carried out by the States.’’ The final smaller unit of the State, for example, a city or county, the inspection of bridges bridges under its control and that would member qualifications and training for established in title 23 of the U.S. Code Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
or delegated agencies is at the discretion emphasis on training is needed. according to State law or fully executed of the State or Federal agency. However, Recommendations from the June 2001 State transportation departments remain FHWA study of the ‘‘Reliability of responsible for the application of these Bridges’’ 5 also support the need for cautious when delegating inspections or training requirements for program other requirements to local agencies that managers and team leaders.
State is still ultimately responsible for exemption within their State and asked how the FHWA would address this a direct program manager role in the delegated inspection program. additional resources (i.e., funding) in standards. However, to ensure that all of staff from registration requirements, a met, the States or Federal agencies still related to the requirement for ‘‘program § 650.309(a)(2), asking why the program sufficient; however, the expectation that relative to § 650.309 (a)(1), that the NBIS should not specify the discipline of the professional engineer and that the States comprehensive bridge inspection commented that delegated authorities be or Federal agencies can elect to adopt training prior to becoming a team leader ‘‘project’’ managers. The Iowa DOT should be rare. In recognition of the fact qualification standard would place more be specified as structural, and, that too team leaders. When this is not possible, remains as stated in the preamble to the those individuals will aggressively seek NPRM that the laws governing licensure to obtain the training as soon as possible, preferably within 12 months of only one bridge is cause for serious local practice engineering in the fields in bridge inspection training is acceptable reconsidered its position regarding each ensuring that those individuals involved managers and team leaders at the time program manager. The program manager the minimum qualifications defined in 5 Reliability of Visual Inspection for Highway qualification requirement applies to the Bridges Vols I and II [FHWA–RD–01–020 ; FHWA– not specify the engineering discipline of RD–01–021] is a publication which documents research done on the accuracy and reliability of the highway bridge inspection process. This report is available through the National Technical Information Service, Springfield, Virginia 22161 or it may be ordered online at the following URL: Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
county engineer would still be qualified to administer the county program that is engineer status. individual with a bachelor’s degree in expressed by several localities regarding Examiners for Engineering and qualify as a team leader regardless of the individual’s employer, i.e., State, degree. Although the phrase ‘‘bachelor’s degree in engineering’’ is not specific to certification programs. In recognition of the discipline of engineering, individual the need to retain this flexibility, States inspection training’’ programs subject to NBIS. in commenting on § 650.309(a)(2) do not approval by the FHWA. The FHWA will Engineers Educated at Foreign inspection training’’ definition and the ‘‘Bridge Inspector’s Reference Manual (BIRM)’’ 6 as criteria to apply when Dakota and California DOTs support the the NHI course material 7 is available for universities would not comply with the requirement for ‘‘comprehensive bridge (ABET) evaluates institutions outside of the United States. The evaluation is not Division office, in consultation with the nonprofessional engineers should not be Technology, will review and approve equivalency.’’ The ‘‘substantial NACE stated that the ‘‘comprehensive bridge inspection training’’ would be institution’s program has prepared its graduates to begin professional practice § 650.309(a) that local agencies should § 650.309(b)(2)(i) asking what is meant by a bachelor’s degree in ‘‘professional engineering’’ and recommended that it known as the ‘‘Washington Accord’’ deleted the word ‘‘professional.’’ previously proposed § 650.309(a)(2). We DOTs commented on § 650.309(b)(2)(i) and noted that the engineering specialty accord further recommends that bachelor’s degree in civil, structural or charge of the bridge inspection program. related engineering discipline that requirements for entry into the practice The Bridge Inspector’s Reference Manual (BIRM), 2003, FHWA–NHI–03–001, may be including a list of signatory countries, purchased from the U.S. Government Printing along with data collection practices and Office, Washington, DC and from National Technical Information Service, Springfield, Virginia consistency and reliability of the bridge 22161, and may be viewed online at the following 7 Information regarding NHI training course regulation has been revised to reference material can be obtained by contacting the FHWA Report Center at the following electronic mail Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
engineering experience. It is the State or Institute is not the only option available. addition of an EIT as a team leader with ensure that the experience that qualified the individual for professional engineer certification programs. In recognition of the need to retain this flexibility, States qualifications for ‘‘team leader’’ were to develop their own ‘‘comprehensive inspection training’’ programs subject to team leader who is a professional approval by the FHWA. The FHWA will engineer, individual States or Federal 650.309(b)(4) were required for ‘‘team leaders’’; however a team leader only needs to meet one of the qualifications, ‘‘Bridge Inspector’s Reference Manual ‘‘grandfathered’’ with respect to the material is available for those who wish ‘‘determining’’ should be changed to ‘‘certifies’’ or ‘‘reviews and approves.’’ for the requirements of ‘‘team leader.’’ ‘‘structural engineer’’ might function in engineer.’’ The Illinois DOT and the the State of Illinois use of ‘‘structural requirement. It is a component of one of experience’’ and noted that the term engineers’’ as a ‘‘professional engineer’’ the options available for qualification as ‘‘predominant’’ used in the definition word ‘‘substantial.’’ Mr. Todd Hertel commented that a ‘‘year’s experience’’ is the proposed language and stated that a professional engineer license should not involved in evaluating an individual’s believe that the definition for ‘‘bridge inspection experience,’’ which includes FHWA response: Bridge load rating the statement that ‘‘the predominate amount’’ of experience be ‘‘bridge inspection,’’ adequately addresses the decisions. Given the importance of these the overall responsibility for load rating respect to ‘‘grandfathering’’ current team professional engineer is not specified in possible, preferably within 12 months of field in which they are practicing. FHWA position: We believe that the Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
refresher training’’ under § 650.305 that long as the training can be performed in- others, there may be several individuals that because of the costs associated with Refresher 130053 training course 8 responsible for determining load ratings, refresher training they were reluctant to professional engineer. The intent is not permitted to develop their own refresher qualification for individuals who simply term ‘‘refresher training’’ is undefined, approves the actual load rating result be costs are significant and that they have of refresher training needs clarification rating values provided by a professional and that those who work full time in the the proposed § 650.309(e) in regards to underwater bridge inspection training. The Illinois DOT argued that divers did stated that the pool of firms meeting this requirements on the counties and cities. course’’ should be defined in the NBIS. for those divers certified by a national 10 years experience with a provision for the requirement for refresher training for consultants commented on the proposed § 650.309(e) that as long as team leaders § 650.309(d), however; it believes in the concept of refresher training and that it inspections, the diver does not need this § 650.313 to include refresher training merit to refresher training if there has details regarding QC and QA procedures comprehensive course should be concepts for bridge engineers course for those with little or no practical bridge flexibility in determining the frequency, technology. would place a strain on State resources. The Wyoming DOT commented that this content of refresher training. 8 Information regarding this particular course of NHI training in general can be obtained at the Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
training. The FHWA has elected to leave Months completion’’ to the States or Federal leader during the inspection negates the should reside with the on-site inspector. training is appropriate regardless of an individual’s education, experience, or from this section to provide flexibility additional clarification, a definition of clarification of the inspection frequency. Months ‘‘underwater diver bridge inspection training’’ has been added to § 650.305. inspecting certain bridge types in up to weather events, or to permanently move 48-month intervals. The South Dakota logical inspection period. The AASHTO using the 48-month inspection be performed ‘‘within a calendar year and later or within 2 months later.’’ The agencies from inspecting at greater than operations. The U.S. Navy and the ADCI out that the NPRM preamble discussed guidelines to let the States know factors recommended including reference to the the 30-day grace period; however, the that safe diving practices as prescribed that the inspection frequency should not know if the 48-month option could be inspector safety, concern for inspection regulation. There are a number of OSHA quality, the need to optimize scheduling consultant commented to the proposed scheduled inspection date. The adjusted inspection more than every 24 months. date, and subsequent inspections should FHWA established consistent criteria for inspection interval criteria can be found safety makes us reluctant to take actions implementing the changes contained in the 1988 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
automatically allow certain bridges to be such as those provided by the American interval based on sound engineering placed on a 48-month cycle. County Society of Civil Engineers (ASCE) in its ‘‘Underwater Investigations Standard Practice Manual, 2001,’’ 10 promote a not apply to fracture critical inspection environment, scour and condition rating frequency.
responsibility for setting interval less concrete, protected or unprotected steel establish criteria for inspecting bridges FHWA response: As with the routine inspection interval discussed earlier, the condition rating (excellent to failed). ‘‘routine inspection of FCMs shall be at FHWA believes criteria to determine the Based on our assessment, again on a intervals not to exceed 24 months.’’ The establish intervals up to 60 months. The discretion for an extension be left with proposed language applied to ‘‘fracture critical bridges’’ or to ‘‘bridges with the maximum moved out to 120 months. showing degradation and subject to The IACE commented that the proposed localized scour. Four-year frequencies provision could be interpreted to restrict may be used, if desired, but retention of to the nondestructive evaluation (NDE) local agencies from inspecting at greater was first defined in the ‘‘Recording and that flexibility be given to bridge owners in the range of 6 to 10 years for various Inventory and Appraisal of the Nation’s § 650.305 at intervals not to exceed 24 that underwater inspection intervals for clarification of the inspection frequency being proposed, specifically with regard than 24 months. The FHWA also to fracture critical (FC) inspections. The engineering judgment and approval on a § 650.311(c)(1) and indicated that case-by-case basis to bridges with little preliminary estimates of having a ‘‘not 11 The ‘‘Recording and Coding Guide for Structure to exceed 24 months’’ interval would Inventory and Appraisal of the Nation’s Bridges,’’ December 1995, Report No. FHWA–PD–96–001, is available electronically at the following URL: revision to the NBIS and is available at the 10 This document may be obtained from ASCE, 1801 Alexander Bell Drive, Reston, Virginia 20191– may be inspected and copied as prescribed in 49 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
§ 650.313(a) contains conflicts with the AASHTO Manual that must be resolved. Highway Bridges 13 could change some of this regulatory language if adopted by unable to carry routine permit loads not be applied to all structures under local agency jurisdiction, only those on local highways that are designated truck route § 650.313(b). The Maryland, Kansas, and requirement for having ‘‘team leader’’ phrase, ‘‘or equivalent rating factor’’ was act as ‘‘team leader’’ when the team jurisdiction on roads where unrestricted provided the discretion to determine the that there are too many structures to level and frequency of damage, in-depth require the ‘‘team leader’’ at every interpretation, since permit loads would inspector in the field and places it in the for bridge replacement and the FHWA believes this final rule allows perform inspections and, if so then there specific bridges, States or Federal agencies may elect to erect posting signs FHWA response: The requirement to language requiring this was clarified in for permit vehicles, the phrase, ‘‘Post or The Indiana DOT noted that proposed there has been some misinterpretation restrict’’ was added to § 650.313(c). establish qualifications of the supervisor life of the bridge, while ideal, may not be realistic or beneficial in all cases and depth and special inspection. Definition is conducting an inspection, that person associated with availability and storage for special inspection is covered in of bridge data and that maintaining such a minimum of 2 people on an inspection longer relevant should be purged from Inspection Procedures team, the FHWA highly recommends at safety of the inspectors, to improve the 13 The AASHTO 2003, Manual for Condition Evaluation and LRFR of Highway Bridges may be obtained upon payment in advance by writing to 12 National Bridge Inventory ‘‘item number 92’’ the American Association of State Highway and denotes critical features that need special Transportation Officials, 444 N. Capitol Street, NW., inspections or special emphasis during inspections Suite 249, Washington, DC 20001or it may be and the designated inspection interval. Specifically item 92C addresses ‘‘other special inspection.’’ § 650.313(c) and stated that the new the Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
DOT noted that tracking ‘‘any action changed to reflect that only ‘‘action(s) taken pursuant to the critical findings’’ bridges in specific categories. However, ‘‘inspection plan’’ to be substantially manager has overall responsibility to see requires identification, description, established for fracture critical members constitute the ‘‘plan.’’ The FCM ‘‘bridge file.’’ The Miami County in ‘‘Inspection of Fracture Critical Bridge data base lists or simply an identifier in Members.’’ Therefore the reference to a the State’s inventory would satisfy the requirement. However, it is necessary to similar to the existing rule has been identify bridges in at least the specific to apply to all data, even though it may not be relevant or necessary to properly data that is relevant. The determination for bridge safety, best addressed through ‘‘standard forms’’ is not specific, but it a State’s site specific assessment.
that generating an action plan would not be an efficient use of resources, not add States to follow procedures described in commented that generating an ‘‘action plan’’ would not be an efficient use of § 650.313(e) and argued that the agency, § 650.313(f), we should require States to FHWA’s ‘‘Inspection of Fracture Critical plans for nearly every bridge in the Bridge Members.’’ 14 The Michigan DOT inventory as an overwhelming burden requirement to list bridges ‘‘vulnerable ‘‘inspection plan’’ to be substantially § 650.313(f) for bridges with an average Underwater Inspection of Bridges, November 14 Inspection of Fracture Critical Bridge Members, 1989, Report No. FHWA–DP–80–1, provides ‘‘seismically vulnerable.’’ The Michigan Report No. FHWA–IP–86–26 is available through guidelines for underwater bridge inspection. This the National Technical Information Service, document is available through the National Springfield, Virginia 22161 or it may be ordered Technical Information Service, Springfield, VA Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
structures that needed inspection after a clarification as to what qualifies a bridge as ‘‘seismically vulnerable.’’ The essentially would constitute the ‘‘plan.’’ serious bridge failures and closings. The documents and or plans for nearly every disagreed with § 650.313(i) because they the commenters that the action plans for believe the requirement to prepare an some bridges may be very similar and action plan is not justified, and that it after a ‘‘major flood’’ event should be changed to ‘‘consideration should be for some flexibility in the application of given to inspecting scour critical bridges the action plans. Monitoring after flood after a major flood event.’’ The Missouri the NBIS covers retrofit guidelines. The guidance manuals, ‘‘Evaluating Scour at ‘‘major flood event’’ guidance would be Bridges’’ 16 and ‘‘Bridge Scour and ‘‘seismic vulnerability’’ was not defined addressed in the ‘‘action plan.’’ Stream Instability.’’ 17 The proposed well as monitoring criteria. The Indiana county level additional resources would The Colorado DOT urged that § 650.313(i) should be either deleted or determining ‘‘seismic vulnerability’’ and expectation for the ‘‘action plan.’’ The not believe that ‘‘the benefit of such a proposed § 650.313(j) because it believes changed to establishing a list of bridges ‘‘major flood event.’’ The Washington indicated that generating an ‘‘action plan’’ for ‘‘complex’’ bridges is not an efficient use of resources, would not add asked if this section required that a team recommended establishing a list of bridges that are vulnerable to events and DOT commented that it needed further clarification as to ‘‘inspection and training requirements.’’ The California the wake of a seismic event. The Illinois DOT is unclear as to the level of effort documents and or plans for nearly every provision was an ‘‘unfunded mandate.’’ Evaluating Scour at Bridges FHWA–NHI–01– 001 (HEC–18) presents the state of knowledge and practice for the design, evaluation and inspection of bridges for scour. This document is available through the National Technical Information requirement to prepare an action plan is Service, Springfield, VA 22161.
not justified, and that the local agency Bridge Scour and Stream Instability FHWA– level of effort and additional inspector NHI–01–003 (HEC–23) provides guidelines for identifying stream instability problems at highway stream crossings. This document is available through the National Technical Information Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
term ‘‘critical finding.’’ The Maryland DOT suggested a definition for ‘‘critical finding’’ as ‘‘any condition that affects the safe passage of any legal vehicle.’’ proposed § 650.313(k), is opposed to the approval. definition of ‘‘critical finding.’’ The would be redundant and not sufficiently consistent with the AASHTO Manual. An FHWA study, ‘‘Reliability of Visual Inspection for Highway Bridges,’’ found they would need additional resources to assessment of typical highway bridges require additional resources to generate Wyoming DOT urged that this provision is needed to obtain better uniformity in Michigan DOT indicated that ‘‘critical findings’’ is not defined; frequency of tools to check data is an important part consistency, but is not adequate alone as provision is applied to local agencies. subject left to the language contained in program should be left up to the States. rewording this section to say, ‘‘submit documentation of the QA program to the develop more uniform systems that will commented on the proposed § 650.313(l) and the majority disagreed suggested that if QC is retained both QA from other States are available at URL: address critical findings is not justified. program’’ and distribute the program for a procedure to address critical findings for clarification as to the level of effort FHWA response: The broad definition for ‘‘critical finding’’ was added to allow flexibility to establish, in cooperation procedures specific to a particular State factors used to grant approval, and that actions taken to assure public safety’’ was changed to ‘‘Periodically notify the monitor critical findings.’’ The period The NBIS program reviews are routinely done by the FHWA on an annual basis to determine compliance with the NBIS. This program is delineated in a June 22, 2001 memorandum that can DOTs suggested that the first sentence of Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
entering data, ‘‘within one year not to ‘‘Each State and Federal agency must an inspection cycle. The FHWA believes exceed 90 days.’’ The Kansas DOT and prepare and maintain an inventory of all that the 90 day (3 month) period for 120 days rather than 90 days to enter the inspected according to § 650.307.’’ The rewritten to say, ‘‘State and Federal entering the data is consistent with the agencies must collect, retain and submit current regulation. The FHWA only the first two sentences of § 650.315(a) as inventoried would not provide the follows: ‘‘Each State must prepare and available. For the reasons listed in the data is used to: (1) Distribute funds for ‘‘and’’ and replacing it with the word ‘‘or.’’ We do not require that States in § 650.317(a), reasoning that an overly entering data, ‘‘within one year not to exceed 90 days.’’ The Kansas DOT and unnecessary liability for the States due 120 days rather than 90 days to enter the to the difficulty of achieving 100 recommended adding a qualifier, ‘‘open available until the inspection report is to traffic,’’ to appropriately consider § 650.317(b) since they are two distinct construction is not justified. The 90 day FHWA response: All inspection data This is not always restricted to NBI item program. If any part of a highway bridge is open to traffic it should be inspected 19 National Bridge Inventory ‘‘item number 58,’’ Deck, describes the overall condition rating of the 20 National Bridge Inventory ‘‘item number 59,’’ Superstructure, describes the physical condition of 21 National Bridge Inventory ‘‘item number 60,’’ Substructure, describes the physical condition of piers, abutments, piles, fenders, footings, or other Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
Rulemaking Analyses and Notices
Executive Order 13132 (Federalism) Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT Regulatory Policies and Procedures certify that this final rule will not have that this action will not have sufficient action is a significant regulatory action Unfunded Mandates Reform Act of 1995 The FHWA has also determined that States’ ability to discharge traditional public interest in the safety of highway governments, in the aggregate, or by the private sector, of $120.7 million or more under Executive Order 13175, dated We have analyzed the costs associated definition of ‘‘Federal mandate’’ in the that this action will not have substantial the costs of the changes in this final rule excludes financial assistance of the type tribes; will not impose substantial direct will be minimal because we believe that in which State, local or tribal this rule and, therefore, we believe these accordance with changes made in the changes will add less than $1 million to the costs associated with a multi-billon dollar program. Additionally, the bridge permits this type of flexibility to the associated with this rule are eligible for Federal programs and activities apply to Executive Order 12988 (Civil Justice of 1995 (PRA) (44 U.S.C. 3501, et seq.), Puerto Rico); therefore, the total cost of the entire information collection will be standards in section 3(a) and 3(b)(2) of information collection costs also may be eliminate ambiguity, and reduce Executive Order 13045 (Protection of information collection entitled Structure affect, in a material way, any sector of Inventory and Appraisal (SI&A) Sheet. will not interfere with any action taken impact of any entitlements, grants, user requirements in this final rule will place Flexibility Act (Pub. L. 96–354, 5 U.S.C. effects of this action on small entities Order 12630, Governmental Actions and of the national bridge inspection data Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
List of Subjects in 23 CFR Part 650
Bridge. A structure including supports In the NPRM published on September and record keeping requirements.
passageway for carrying traffic or other Mary E. Peters,
■ In consideration of the foregoing, the Federal Regulations, part 650, subpart C, lines of arches, or extreme ends of Such comments could include, but were as follows: openings for multiple boxes; it may also PART 650—BRIDGES, STRUCTURES,
Bridge inspection experience. Active ■ 1. The authority citation for part 650 practical utility; (2) the accuracy of the Authority: 23 U.S.C. 109 (a) and (h), 144,
151, 315, and 319; 33 U.S.C. 401, 491 et seq., the quality, utility, and clarity of the 511 et seq.; 23 CFR 1.32; 49 CFR 1.48(b), E.O. Department of Transportation Order 5650.2 dated April 23, 1979 (44 FR 24678); sec. 161 of Public Law 97–424, 96 Stat. 2097, 3135; sec. 4(b) of Public Law 97–134, 95 Stat. 1699; Bridge inspection refresher training. and sec. 1057 of Public Law 102–240, 105 Stat. 2002; and sec. 1311 of Pub. L. 105–178, The National Highway Institute ‘‘Bridge as added by Pub. L. 105–206, 112 Stat. 842 Inspection Refresher Training Course’’ 1 ■ 2. Revise subpart C to read as follows: Subpart C—National Bridge Inspection
consistency of the inspection program.
Bridge Inspector’s Reference Manual National Environmental Policy Act techniques for inspecting and evaluating a variety of in-service highway bridges. Executive Order 13211 (Energy Effects) Subpart C—National Bridge Inspection
§ 650.301
training. Training that covers all aspects inspectors to relate conditions observed action under Executive Order 12866 it is on a bridge to established criteria (see § 650.303
not likely to have a significant adverse the Bridge Inspector’s Reference Manual effect on the supply, distribution, or use bridges located on all public roads.
Critical finding. A structural or safety § 650.305
Highway and Transportation Officials (AASHTO) Manual. ‘‘Manual for October of each year. The RIN contained Condition Evaluation of Bridges,’’ 1 The National Highway Institute training may be used to cross-reference this action with Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
Fracture critical member (FCM). A Underwater inspection. Inspection of probably cause a portion of or the entire Program Manager. The individual in Fracture critical member inspection. § 650.307
Bridge inspection organization.
Public road. The term ‘‘public road’’ Quality assurance (QA). The use of Highway. The term ‘‘highway’’ is procedures in order to verify or measure Quality control (QC). Procedures that bridges located on public roads that are a bridge inspection and load rating at or Initial inspection. The first inspection include a bridge inspection organization Legal load. The maximum legal load for each vehicle configuration permitted satisfy present service requirements. by law for the State in which the bridge Routine permit load. A live load, which has a gross weight, axle weight or Load rating. The determination of the with State statutes for legally configured (c)(1) and (2) of this section may be using bridge plans and supplemented by vehicles, authorized for unlimited trips over an extended period of time to move relieve the State transportation National Institute for Certification in Engineering Technologies (NICET). The Scour. Erosion of streambed or bank its responsibilities under this subpart. Scour critical bridge. A bridge with a Special inspection. An inspection § 650.309
Qualifications of personnel.
scheduled at the discretion of the bridge State transportation department. The term ‘‘State transportation department’’ Team leader. Individual in charge of Underwater diver bridge inspection training. Training that covers all aspects minimum: from State to State, but, in general, to elements to established criteria (see the section on underwater inspection for the comprehensive bridge inspection Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
elements require inspection at less than sixty-month intervals. Establish criteria considering such factors as construction members. In the inspection records, (i) A bachelor’s degree in engineering procedures in the inspection records for (c) Fracture critical member (FCM) (iv) Successfully completed an FHWA intervals not to exceed twenty-four (2) Certain FCMs require inspection at address critical findings. Monitor Establish criteria to determine the level as age, traffic characteristics, and known additional inspector training and (iii) Successfully completed an FHWA these inspections.
assurance. Assure systematic quality approved comprehensive bridge inspection training course. § 650.313
Inspection procedures.
bridges must be a registered professional stated in § 650.309, at the bridge at all (h) Follow-up on critical findings. § 650.311
Inspection frequency.
(c) Rate each bridge as to its safe load- (a) Routine inspections. (1) Inspect carrying capacity in accordance with the findings are addressed in a timely reference, see § 650.317). Post or restrict intervals. Establish criteria to determine § 650.315
unrestricted legal loads or State routine prepare and maintain an inventory of all factors as age, traffic characteristics, and the operating rating or equivalent rating (d) Prepare bridge files as described in (SI&A) data must be collected and reference, see § 650.317). Maintain contained in the SI&A sheet distributed any action taken to address the findings by the FHWA as part of the ‘‘Recording Inventory and Appraisal of the Nation’s Bridges,’’ (December 1995) together with at regular intervals not to exceed sixty results of bridge inspections on standard recent version. Report the data using Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations
outlined in the ‘‘Recording and Coding Appraisal of the Nation’s Bridges.’’ and special inspections enter the SI&A List of Subjects in 31 CFR Part 103
Department of the Treasury
for new bridges, enter the SI&A data Authority and Issuance
preamble, part 103 of title 31 of the Code [FR Doc. 04–27355 Filed 12–13–04; 8:45 am] BILLING CODE 4910–22–P
closure status, enter the SI&A data into DEPARTMENT OF THE TREASURY
within 90 days after the change in status 31 CFR Part 103
■ 1. The authority citation for part 103 Financial Crimes Enforcement
Network; Interpretive Release 2004–1—
Anti-Money Laundering Program
Authority: 12 U.S.C. 1829b and 1951–1959:
Requirements for Money Services
31 U.S.C 5311–5314 and 5316–5332; title III, § 650.317
Reference manuals.
Businesses With Respect to Foreign
secs. 312, 313, 314, 319, 326, 352, Pub. L. (a) The materials listed in this subpart Agents or Foreign Counterparties
107–56, 115 Stat. 307, 12 U.S.C. 1786(q).
AGENCY: Financial Crimes Enforcement
ACTION: Final rule; interpretive release.
SUMMARY: This Interpretive Release sets
Release No. 2004–01
forth an interpretation of the regulation materials are incorporated as they exist This Interpretive Guidance sets forth our interpretation of the regulation requiring Money Services Businesses that are required to register with FinCEN to establish and be published in the Federal Register.
maintain anti-money laundering programs. The materials are available for purchase clarifies that the anti-money laundering Interpretive Guidance clarifies that the anti- available for inspection at the National program regulation requires such Money money laundering program regulation establish adequate and appropriate policies, procedures, and controls commensurate with the financing of terrorism posed by their relationship with foreign agents or foreign 2200. For information on the availability relationship with foreign agents or regulations, we have defined Money Services DATES: Effective June 13, 2005.
Businesses to include five distinct types of FOR FURTHER INFORMATION CONTACT:
financial services providers and the U.S. Postal Service: (1) Currency dealers or exchangers; (2) check cashers; (3) issuers of a conflict between the standards in this Programs Division, 1–800–800–2877, traveler’s checks, money orders, or stored Office of Chief Counsel (703) 905–3590 1 This Interpretive Guidance focuses on the need SUPPLEMENTARY INFORMATION: Section
to control risks arising out of the relationship between a Money Service Business and its foreign counterparty or agent. Under existing FinCEN is codified in subchapter II of chapter 53 regulations, only Money Service Business and Transportation Officials, Suite 249, of title 31, United States Code, requires principals are required to register with FinCEN, and 444 N. Capitol Street, NW., Washington, every financial institution to establish only Money Service Business principals establish the counterparty or agency relationships. 31 CFR 103.41. Accordingly, this Interpretive Guidance only applies to those Money Service Businesses required to register with FinCEN, that is, only those Money Service Businesses that may have a relationship with a foreign agent or counterparty.


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