[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29624-29626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14613]




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Part IV





Department of Transportation





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Federal Highway Administration



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23 CFR Part 655



National Standards for Traffic Control Devices; Metric Conversion; 
Final Rule

  Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. 96-20]
RIN 2125-AD63


National Standards for Traffic Control Devices; Metric Conversion

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: The FHWA is adopting, as its policy for the design of traffic 
control devices for use on all roads open to public travel, two 
American Association of State Highway and Transportation Officials' 
(AASHTO) publications: ``Guide to Metric Conversion,'' June 1993, and 
``Traffic Engineering Metric Conversion Factors; Addendum to the Guide 
to Metric Conversion, 1993,'' October 1993.

DATES: This regulation is effective June 11, 1996. Comments must be 
received on or before August 11, 1996. The incorporation by reference 
of certain publications listed in the regulation is approved by the 
Director of the Federal Register as of June 6, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 96-20, 
Federal Highway Administration, Room 4232, HCC-10, Office of the Chief 
Counsel, 400 Seventh Street SW., Washington, D.C. 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/envelope. The current design 
standards are on file at the Office of the Federal Register in 
Washington, DC, and are available for inspection from the FHWA 
Washington Headquarters and all FHWA Division and Regional Offices as 
prescribed in 49 CFR Part 7, Appendix D. Copies of the current AASHTO 
publications are also available for purchase from the American 
Association of State Highway and Transportation Officials, Suite 225, 
444 North Capitol Street NW., Washington, D.C. 20001.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of Highway 
Safety (HHS-10), (202) 366-9064, or Mr. Raymond Cuprill, Office of the 
Chief Counsel, (202) 366-0834, Federal Highway Administration, 400 
Seventh Street SW., Washington, D.C. 20590. Office hours are from 7:45 
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: The traffic control device design and 
applications standards have been adopted by the FHWA for use on all 
streets and highways open to public travel and are incorporated by 
reference in 23 CFR Part 655, subpart F.
    The American Association of State Highway and Transportation 
Officials (AASHTO) is an organization which represents the 52 State 
highway and transportation agencies (including the District of Columbia 
and Puerto Rico). Its members consist of the duly constituted heads and 
other chief officials of those 52 agencies. The Secretary of the United 
States Department of Transportation (DOT) is an ex officio member, and 
DOT officials participate in various AASHTO activities as non-voting 
representatives. Among other functions, the AASHTO develops and issues 
standards, specifications, policies, guides, and related materials for 
use by the States for highway projects. Many of the standards adopted 
by the FHWA and incorporated into 23 CFR Part 655 were developed and 
issued by the AASHTO or by organizations of which it is a major voting 
member. Revisions made to such documents by the AASHTO are 
independently reviewed and adopted by the FHWA before they are applied 
to street and highway projects.
    The FHWA initiated a phased five-year plan to convert its 
activities and business operations to the metric system of weights and 
measures as required by the Metric Conversion Act of 1975 (Pub. L. 94-
168, 89 Stat. 1007), as amended by sec. 5164 of the Omnibus Trade and 
Competitiveness Act of 1988 (Pub. L. 100-418, 102 Stat. 1107, 1451) 
(Metric Act). Section 3 of the Metric Act set a deadline date of 
September 30, 1992, for each Federal Government agency to begin using 
the International System of Units (SI) in procurements, grants, and 
other business-related activities, except to the extent that such use 
would be impractical or would likely cause significant inefficiencies 
or loss of markets to United States firms.
    In order to comply with the Metric Act, the FHWA developed a list 
of required deadlines for converting to the metric system which was 
published as a notice in the Federal Register on June 11, 1992, at 57 
FR 24843. This notice established that all newly authorized Federal-aid 
contracts were to use only metric units by September 30, 1996. The 
National Highway System Designation Act of 1995 (Pub. L. 104-59, 109 
Stat. 568), however, made metric conversion optional until September 
30, 2000. Although the FHWA will not require the expenditure of Federal 
or State funds to convert sign messages to metric units at this time, 
it will proceed with changing sign sizes and other dimensions to metric 
units. Many States have progressed in their conversion activities to a 
point that it is impractical not to continue the transition into full 
metric use.
    Most States have indicated that they will continue with their 
conversion activities as planned. Many States are designing projects in 
metric and several projects are already being constructed in metric. It 
is the intent of this rulemaking to assure the States and other FHWA 
partners that the metric conversions used to formulate their plans are 
consistent nationwide. Accordingly, the AASHTO developed and published 
``Traffic Engineering Metric Conversion Factors; Addendum to the Guide 
to Metric Conversion, 1993,'' listing the conversion values for 
nationwide uniformity. Through this document, the FHWA is adopting the 
metric conversion traffic engineering values established by the AASHTO 
in the publications entitled ``Guide to Metric Conversion,'' June 1993, 
and ``Traffic Engineering Metric Conversion Factors; Addendum to the 
Guide to Metric Conversion, 1993,'' October 1993. Included in the 
``Guide to Metric Conversion,'' June 1993, are metric values for 
determining the metric sizes for signs and pavement markings.
    It should be noted that the Manual on Uniform Traffic Control 
Devices, FHWA, 1988 (MUTCD) which has been incorporated by reference in 
23 CFR Part 655, subpart F, includes, by reference, the ``Standard 
Alphabets for Highway Signs and Pavement Markings,'' FHWA, 1977 
Edition, and ``Standard Highway Signs,'' FHWA, 1979 Edition. Both of 
these documents are metric editions.

Rreview Procedure

    Based on an analysis of public comments received, the FHWA will 
reexamine its determination that the AASHTO publications adopted by 
this rule are acceptable as the basis for the design of signs and 
pavement markings for streets and highways open to public travel.

Rulemaking Analysis 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,

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unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(3)(B). 
For the reasons set forth below, the FHWA has determined that prior 
notice and opportunity for comment on this action are unnecessary and 
contrary to the public interest.
    The FHWA has determined that prior notice and opportunity for 
comment are unnecessary because the AASHTO interim metric values 
documents being adopted in this rulemaking are functionally equivalent 
to and mirror, to the extent possible, the English measurements already 
adopted by the FHWA pursuant to notice and comment rulemaking and 
contained in the MUTCD, 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. If the exact 
equivalents of the design standards had been used, the metric 
measurements would have had to be carried out to as many as six decimal 
places. Otherwise, the design standards themselves would have had to be 
significantly raised or lowered in order to accommodate ``round'' 
metric measurements. Instead, in drafting its metric document, the 
AASHTO ``rounded off'' the English measurements in order to allow 
easier conversions to metric measurements, and to assure that traffic 
control devices that meet current design standards will also meet the 
proposed metric unit standards.
    We expect these particular metric values to be used on an interim 
basis only until the MUTCD, with design values converted to the metric 
system, is adopted and published. This future MUTCD, expected to be 
published in 1998, will constitute the FHWA's policy on the design for 
traffic control signs and pavement markings for use on all streets and 
highways open to public travel.
    The FHWA has also determined that publication of a notice of 
proposed rulemaking would be contrary to the public interest. The 
FHWA's Metric Conversion Policy, published in the Federal Register on 
June 11, 1992 (57 FR 24843), provides that newly authorized Federal 
Lands Highway and Federal-aid construction contracts must be in metric 
units by September 30, 1996. The National Highway System Designation 
Act of 1995 made metric conversion activities optional until September 
30, 2000. Planning for metric projects is underway, and metric projects 
are already being constructed. To this end, the States and other FHWA 
partners need to know now that the metric conversions used to formulate 
their plans will match the FHWA's conversions.
    Moreover, prior notice and opportunity for comment are not required 
under the Department of Transportation's Regulatory Policies and 
Procedures because it is not anticipated that such action will result 
in the receipt of useful information. The FHWA has determined that the 
AASHTO interim metric values come as close as possible to retaining the 
English measurements already adopted by the FHWA pursuant to notice and 
comment rulemaking, and express adoption of these metric values now 
provides necessary certainty and continuity for States and other FHWA 
partners, including highway construction contractors.
    The APA also allows agencies, upon a finding of good cause, to make 
a rule effective immediately and avoid the 30-day delayed effective 
date requirement. 5 U.S.C. 553(d)(3). The FHWA has determined that good 
cause exists to make this rule effective upon publication because the 
rule provides information to States for their use in contracting with 
private contractors for the construction of highways. Most of the 
States have indicated they will be using metric by September 30, 1996. 
Making this rule effective upon publication will enable States to begin 
incorporating metric units now. No good purpose would be served by 
delaying the effective date of this rule. Nevertheless, public comment 
is solicited on this action. Comments received will be carefully 
considered in evaluating whether any change to this action is needed.

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. As stated previously, the FHWA has 
determined that the interim metric values selected by the AASHTO 
documents are functionally equivalent to English system measurements 
previously adopted by notice and comment rulemaking. It is anticipated 
that the economic impact of the rulemaking will be minimal; therefore, 
a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (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 a substantial 
number of small entities. As stated above, the FHWA made this 
determination based on the fact that the interim metric values selected 
are functionally equivalent to the English system values they replace.

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 separate federalism assessment. This rule 
does not impose additional costs or burdens on the States, including 
the likely source of funding for the States, nor does it affect the 
ability of the States to discharge traditional State government 
functions. This document assists the States in their continuing efforts 
to come into compliance with the requirements of the Metric Act within 
the established deadline.

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 1995, 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

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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, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the FHWA amends Chapter I of 
Title 23, Code of Federal Regulations, Part 655 as set forth below.

    Issued on: May 28, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    The FHWA hereby amends 23 CFR Part 655 as follows:

PART 655--TRAFFIC OPERATIONS

    1. The authority citation for Part 655 is revised 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 49 CFR 1.48(b).

Subpart F--[Amended]

    2. Section 655.601 is amended by revising paragraphs (c) and (d) 
revised to read as follows:


Sec. 655.601  Purpose.

* * * * *
    (c) Guide to Metric Conversion, AASHTO, 1993. 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 North 
Capitol Street, NW., Suite 700, Washington, DC. This document is 
available for inspection as provided in 49 CFR part 7, appendix D. It 
may be purchased from the American Association of State Highway and 
Transportation Officials, Suite 225, 444 North Capitol Street, NW., 
Washington, DC 20001.
    (d) Traffic Engineering Metric Conversion Factors; Addendum to the 
Guide to Metric Conversion, AASHTO, October 1993. 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 North 
Capitol Street, NW., Suite 700, Washington, DC. This document is 
available for inspection as provided in 49 CFR part 7, appendix D. It 
may be purchased from the American Association of State Highway and 
Transportation Officials, Suite 225, 444 North Capitol Street, NW., 
Washington, DC 20001.
* * * * *
[FR Doc. 96-14613 Filed 6-10-96; 8:45 am]
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