[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Rules and Regulations]
[Pages 363-365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-86]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. 94-33]
RIN 2125-AD45
National Standards for Traffic Control Devices; Revision of the
Manual on Uniform Traffic Control Devices; Temporary Traffic Signals
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Interim final rule with request for comments.
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SUMMARY: This document incorporates by reference an amendment to Part
VI of the Manual on Uniform Traffic Control Devices (MUTCD). This
amendment is intended to revise the section of the MUTCD concerning
temporary traffic signals in order to permit the use of certain
temporary signalling devices that were inadvertently excluded by an
earlier revision to Part VI. The MUTCD is recognized as the national
standard for traffic control on all public roads. Public comments are
invited on this action.
DATES: This interim final rule is effective January 4, 1995.
Comments must be submitted on or before March 6, 1995.
Incorporation by reference of the publications listed in the
regulations is approved by the Director of the Federal Register as of
January 4, 1995.
ADDRESSES: Submit written, signed comments to FHWA Docket No. 94-33,
Federal Highway Administration, Office of the Chief Counsel, room 4232,
HCC-10, 400 Seventh Street, SW., Washington, DC 20590. All comments
received will be available for examination at the above address between
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday except Federal
holidays. Those desiring notification of receipt of comments must
include a self-addressed, stamped postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of
Highway Safety, (202) 366-0411, or Mr. Wilbert Baccus, Office of Chief
Counsel, (202) 366-0780, Federal Highway Administration, 400 Seventh
Street, SW., room 3419, Washington, DC 20590. Office hours are from
7:45 a.m. to 4:15 p.m., e.t., except Federal holidays.
SUPPLEMENTARY INFORMATION: The MUTCD is available for inspection and
copying as prescribed in 49 CFR Part 7, appendix D. Part VI of the
MUTCD may be purchased for $16.00 from the Superintendent of Documents,
U. S. Government Printing Office, Washington, DC 20402, Stock No. 050-
001-00516-3.
The FHWA both receives and initiates requests for amendments to the
MUTCD. Each request is assigned an identification number which
indicates, by Roman numeral, the organizational part of the MUTCD
affected and, by Arabic numeral, the order in which the request was
received (e.g., Request VIII-9).
This amendment contains corrections to Part VI of the MUTCD,
Standards and Guides for Traffic Control for Street and Highway
Construction, Maintenance, Utility, and Incident Management Operations.
Part VI sets forth principles and prescribes standards for temporary
traffic control zone operations on streets and highways in the United
States. Also, part VI addresses the design, administration, and
operation of street and highway temporary traffic control plans and
projects. Previous Federal Register actions regarding changes to
[[Page 364]] part VI are contained in FHWA docket number 89-1, Notice
No. 7, published at 58 FR 6508 on December 10, 1993.
The text change resulting from this amendment to the MUTCD has been
titled ``1988 MUTCD Revision 4, dated November 1, 1994.'' It will be
available from the Government Printing Office (GPO), Superintendent of
Documents, Washington, D.C. 20402, (202) 783-3238. Everyone currently
appearing on the FHWA, Office of Highway Safety, Federal Register
mailing list will be sent a copy.
Discussion of Amendment
Part VI of the MUTCD was revised on September 3, 1993, and
incorporated by reference in 23 CFR part 655 on December 10, 1993 (58
FR 64085). As revised, the last paragraph in section 6F-8c read:
One-way traffic flow requires an all-red interval of sufficient
duration for traffic to clear the portion of the temporary traffic
control zone controlled by the traffic signals. To avoid the display
of conflicting signals at each end of the temporary traffic control
zone, traffic signals shall be either hard-wired or controlled by
radio signals.
The FHWA has since learned that the last sentence of the section
inadvertently disallowed the use of certain temporary signaling devices
now in use. While they employ neither hard-wiring nor radio signals,
these devices are considered to be as safe and effective as those
devices covered by the September 3, 1993, version of section 6F-8c. In
order to allow the use of such devices, the last sentence of the
paragraph has been removed and replaced with the following sentence:
Safeguards shall be incorporated to avoid the display of
conflicting signals at each end of the temporary traffic control
zone.
As revised, the section imposes a performance standard, and not a
design standard, on all such devices. This document incorporates the
revised Part VI into 23 CRF part 655. With the current emphasis on
repairing the Nation's highways and improving safety in temporary
traffic control zone areas, an updated and accurate part VI will better
serve the highway community.
Rulemaking Analyses and Notices
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
allows agencies engaged in rulemaking to dispense with prior notice and
opportunity for comment when the agency for good cause finds that such
procedures are impracticable, unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b)(3)(B).
The FHWA has determined that providing prior notice to the public
on this action would be contrary to the public interest. This action
will incorporate by reference into 23 CFR part 655 a revised version of
Part VI of the MUTCD. The September 3, 1993, version inadvertently
excluded the use of certain safe and effective traffic control devices
in highway work zones. This was not the intent of the revision and
therefore Part VI is being revised again to allow the use of these
devices. Any further delay in revising Part VI would cause undue
economic harm to those who manufacture and sell the types of traffic
control devices excluded by the September 1993 language of Part VI.
Public comment, however, is solicited on this action. Comments
received will be carefully considered in evaluating whether any further
changes to this amendment are necessary.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this document does not constitute a
significant regulatory action within the meaning of Executive Order
12866, nor is it significant within the meaning of Department of
Transportation regulatory policies and procedures. Although this action
will allow the use of alternative signalling devices not permitted
under the September 3, 1993, version of Part VI of the MUTCD, the FHWA
anticipates that this action will not affect the total number of
signalling devices deployed. By permitting public and private entities
to choose from a wider array of signalling devices, these entities may
be able to make more cost-effective choices in the future. Accordingly,
it is anticipated that the overall economic impact of this rulemaking
will be minimal, but positive. For these reasons, the FHWA has
determined that a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S. C. 601-612), the FHWA has evaluated the effects of this rule on
small entities. This action will allow a few small companies to market
signalling devices not allowed under the September 3, 1993, version of
Part VI. Based on the evaluation, the FHWA hereby certifies that this
action will not have a significant economic impact on a substantial
number of small entities. The need to further evaluate economic
consequences will be reviewed on the basis of the comments submitted in
response to this interim final rule.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. The MUTCD is
incorporated by reference in 23 CFR part 655, subpart F, which requires
that changes to the national standards issued by the FHWA shall be
adopted by the States or other Federal agencies within two years of
issuance. This proposed amendment is in keeping with the Secretary of
Transportation's authority under 23 U.S.C. 109(d) and 315 to promulgate
uniform guidelines to promote the safe and efficient use of the
highway. Therefore, nothing in this document would preempt any State
laws, regulations, or requirements.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 23 CFR Part 655
Design standards, Grant programs--transportation, Highways and
roads, Incorporation by reference, Signs, Traffic regulations.
[[Page 365]] The FHWA hereby amends chapter I of title 23, Code of
Federal Regulations, part 655, as set forth below.
PART 655--TRAFFIC OPERATIONS
1. The authority citation for part 655 continues to read as
follows:
Authority: 23 U.S.C. 101(a), 104, 105, 109(d), 114(a), 135, 217,
307, 315, and 402(a); 23 CFR 1.32 and 1204.4; and 49 CFR 1.48(b).
Subpart F--[Amended]
2. In Sec. 655.601, paragraph (a) is revised to read as follows:
Sec. 655.601 Purpose.
* * * * *
(a) Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD), FHWA, 1988, including Revision No. 1 dated January
17, 1990, Revision No. 2 dated March 17, 1992, Revision No. 3 dated
September 3, 1993, and Revision No. 4 dated November 1, 1994. This
publication is incorporated by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 and is on file at the Office of the Federal
Register in Washington, DC. The 1988 MUTCD Stock No. 050-001-00308-2
and ``1988 MUTCD Revision 3,'' dated September 3, 1993 (Stock No. 050-
001-00316-3), may be purchased from the Superintendent of Documents,
U.S. Government Printing Office (GPO), Washington, DC 20402. The
amendments to the MUTCD, titled ``1988 MUTCD Revision 1,'' dated
January 17, 1990, ``1988 MUTCD Revision 2,'' dated March 17, 1992, and
``1988 MUTCD Revision 4, dated November 1, 1994,'' are available from
the Federal Highway Administration, Office of Highway Safety, HHS-21,
400 Seventh Street SW., Washington, DC 20590. These documents are
available for inspection and copying as prescribed in 49 CFR part 7,
appendix D.
* * * * *
Issued on: December 28, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-86 Filed 1-3-95; 8:45 am]
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