[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18520-18521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8838]




[[Page 18519]]

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Part VI





Department of Transportation





_______________________________________________________________________



Federal Highway Administration



_______________________________________________________________________



23 CFR Part 655



National Standards for Traffic Control Devices: Revision of the Manual 
on Uniform Traffic Control Devices; Final Rule Correction

  Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules 
and Regulations   
[[Page 18520]] 

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. 89-1]
RIN 2125-AD50


National Standards for Traffic Control Devices; Revision of the 
Manual on Uniform Traffic Control Devices

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Corrections to final amendments to the Manual on Uniform 
Traffic Control Devices (MUTCD).

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SUMMARY: This document incorporates by reference into the Code of 
Federal Regulations errata corrections to the MUTCD, Part VI, Standards 
and Guides for Traffic Controls for Street and Highway Construction, 
Maintenance, Utility, and Incident Management Operations. The MUTCD is 
incorporated by reference in 23 CFR 655, subpart F, and recognized as 
the national standard for traffic control on all public roads. These 
corrections affect part VI of the MUTCD in its entirety, and are 
intended to improve the safety of workers, pedestrians, and motorists 
in temporary traffic control zones.

EFFECTIVE DATE: The final rule is effective April 11, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of 
Highway Safety, (202) 366-2193, or Mr. Wilbert Baccus, Office of Chief 
Counsel, (202) 366-0780, Federal Highway Administration, 400 Seventh 
Street, SW., Room 3419, Washington, D.C. 20590.

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-
001-00316-3.
    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, which the FHWA is incorporating by reference into 
23 CFR 655, contains errata 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. With the current emphasis on repairing the Nation's highways 
and improving safety in temporary traffic control zone areas, an 
updated and more accurate part VI will better serve the highway 
community. Previous Federal Register actions regarding changes to part 
VI are contained in FHWA docket number 89-1, Notice No. 7.
    The text changes resulting from this amendment to the MUTCD have 
been titled ``Errata No.1 to the 1988 Edition of MUTCD, Revision 3'' 
dated November 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's Federal Register mailing list will be sent a copy.

Discussion of Amendments

    The FHWA discovered several errors in Part VI after the document 
was incorporated by reference into 23 CFR 655 on December 10, 1993 
(FHWA docket number 89-1, Notice No. 7). The errors were not 
substantial in nature, and the FHWA has been able to correct most of 
them by way of ``pen and ink'' changes to provide text clarification 
and consistency and correct grammatical, typographical, and pictorial 
errors. Examples of errors that were corrected include: assigning 
numbers to several signs for which no numbers had been provided in the 
original Part VI; using correct terminology for certain signs and other 
traffic control devices (e.g., octagonal in shape in lieu of square); 
correcting distances (i.e., changing the term ``2S'' to ``Buffer 
Space'' in some Typical Application diagrams); and changing a ``shall'' 
to a ``should'' condition for Truck Mounted Attenuators (this was an 
inadvertent change made during the rulemaking process).
    Another correction involved figure VI-9 on page 62 and figure TA-4 
on page 115. As revised, the MUTCD part VI disallowed the use of four 
or more lights arranged horizontally, as the caution mode for Arrow 
Displays. The FHWA has since learned that making the electrical 
modifications needed to alter Arrow Displays which currently use the 
horizontal arrangement would cause an undue financial burden on many 
public agencies. After further review of this matter, the FHWA has 
found no research or operational experience showing the horizontal 
caution mode display creates an unsafe condition. Accordingly, the FHWA 
has decided to allow the use of such devices; figure VI-9 on page 62 
and figure TA-4 on page 115 have been modified to allow the use of four 
or more lights in a horizontal direction as the caution mode for Arrow 
Displays. As modified, this section gives public agencies an option to 
use either method of operation.

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 to the 
public when the agency for the good cause finds that such procedure is 
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 is unnecessary. This action merely incorporates by 
reference into 23 CFR part 655 a document containing errata changes to 
Part VI of the MUTCD. These changes are not substantive in nature; for 
the most part they involve the correction of grammatical, 
typographical, and pictorial errors. For these same reasons, the FHWA 
has determined that it has good cause to make the rule effective upon 
publication in the Federal Register. 5 U.S.C. 553(d)(3).

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. This action merely incorporates by 
reference into 23 CFR part 655 a document containing non-substantive 
errata changes to part VI of the MUTCD. The economic impact of these 
changes is expected to be minimal. For this reason, 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. Based on the evaluation, the FHWA hereby certifies that 
this action will not have a significant economic impact on 
[[Page 18521]] a substantial number of small entities. This action 
merely incorporates by reference into 23 CFR part 655 a document 
containing non-substantive errata changes to part VI of the MUTCD.

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 Federal Agencies within two years of issuance. 
This amendment is in keeping with the Secretary of Transportation's 
authority under 23 U.S.C. 109(d), 315, and 402(a) to promulgate uniform 
guidelines to promote the safe and efficient use of the Highway. To the 
extent that these amendments override any existing State requirements 
regarding traffic control devices, they do so in the interest of 
national uniformity.

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.

    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, Revision No. 4 dated January 4, 1995, and ``Errata 
No. 1 to the 1988 MUTCD, Revision 3,'' dated November 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, 800 N. Capitol St., Suite 700, Washington, DC. The 1988 
MUTCD, including Revision No. 3 dated September 3, 1993, may be 
purchased from the Superintendent of Documents, U.S. Government 
Printing Office (GPO), Washington, DC 20402 and has Stock No. 050-001-
00308-2. The amendments to the MUTCD, titled ``1988 MUTCD Revision 1,'' 
dated January 17, 1990, ``1988 MUTCD Revision 2,'' dated March 17, 
1992, ``1988 MUTCD Revision No. 3'' dated September 3, 1993, Revision 
No. 4 dated January 4, 1995, and ``Errata No. 1 to the 1988 MUTCD, 
Revision 3'' dated November 1994 are available from the Federal Highway 
Administration, Office of Highway Safety, HHS-20, 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 April 4, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-8838 Filed 4-10-95; 8:45 am]
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