[Federal Register Volume 62, Number 3 (Monday, January 6, 1997)]
[Proposed Rules]
[Pages 691-694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33405]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 62, No. 3 / Monday, January 6, 1997 / 
Proposed Rules  

[[Page 691]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. 96-47]
RIN 2125-AE11


National Standards for Traffic Control Devices; Revision of the 
Manual on Uniform Traffic Control Devices; Markings, Signals, and 
Traffic Control Systems for Railroad-Highway Grade Crossings

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed amendments to the Manual on Uniform Traffic 
Control Devices (MUTCD); request for comments.

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SUMMARY: The MUTCD is incorporated by reference in 23 CFR part 655, 
subpart F, approved by the Federal Highway Administrator, and 
recognized as the national standard for traffic control on all public 
roads. The FHWA announced its intent to rewrite and reformat the MUTCD 
on January 10, 1992, at 57 FR 1134. This document proposes new text for 
the MUTCD in Part III, markings; in part IV, signals; and in part VIII, 
traffic control systems for railroad-highway grade crossings. The 
purpose of this effort is to include metric dimensions and values for 
the design and installation of traffic control devices and to improve 
the organization and discussion of the contents of the MUTCD. The 
proposed changes to the MUTCD are intended to expedite traffic, promote 
uniformity, improve safety, and incorporate technology advances in 
traffic control device application.

DATES: Submit comments on or before August 30, 1997.

ADDRESSES: Submit written, signed comments to FHWA Docket 96-47, 
Federal Highway Administration, 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 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: Program Office: Ms. Linda L. Brown, 
HHS-10, (202) 366-2192. The proposed text for the parts of the MUTCD 
discussed in this notice of proposed rulemaking is available in printed 
copy or CD-ROM format. It is also available on the FHWA home page at 
the following Internet address: HTTP://cti1.volpe.dot.gov/fhwa/. Office 
of the Chief Counsel: Mr. Raymond Cuprill, HCC-20, (202) 366-0834, 
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 
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 1988 MUTCD is available for inspection 
and copying as prescribed in 49 CFR Part 7, appendix D. It may be 
purchased for $44.00 from the Superintendent of Documents, U.S. 
Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954, 
Stock No. 650-001-00001-0. This notice is being issued to provide an 
opportunity for public comment on the desirability of proposed 
amendments to the MUTCD. Based on the comments submitted and upon its 
own experience, the FHWA will issue a final rule concerning the 
proposed changes included in this notice.
    The National Committee on Uniform Traffic Control Devices (NCUTCD) 
has taken the lead in this effort to rewrite and reformat the MUTCD. 
The NCUTCD is a national organization of individuals from the American 
Association of State Highway and Transportation Officials (AASHTO), the 
Institute of Transportation Engineers (ITE), the National Association 
of County Engineers (NACE), the American Public Works Association 
(APWA), and other organizations that have extensive experience in the 
installation and maintenance of traffic control devices.
    Although the MUTCD will be revised in its entirety, it will be done 
in phases due to the enormous volume of text. The NCUTCD has submitted 
to the FHWA for review and consideration the proposed text for the 
following MUTCD Parts: MUTCD Parts III--Markings, Part IV--Signals, and 
Part VIII--Traffic Control Systems for Railroad Highway Grade 
Crossings. The FHWA has had an opportunity to review the NCUTCD's 
recommendations and a majority of those recommendations are included in 
this notice of proposed rulemaking as the first phase of the MUTCD 
rewrite and reformat effort. In virtually all cases where the 
recommendation from the NCUTCD for a text change or a change in the 
``shall, should, or may'' condition was not accepted, the FHWA felt 
there was insufficient justification presented for the change. In 
reviewing the proposed text submitted by the NCUTCD, the FHWA prepared 
a comparison table which shows the differences from the 1988 Edition of 
the MUTCD and the FHWA's decisions on whether or not to accept the 
changes. The comparison table is part of this docket and is available 
for inspection.
    MUTCD Parts I, VII and IX will be included in Phase 2 of the 
rewrite effort and the remaining parts will be included in Phase 3. The 
public will have an opportunity to review and comment on both of these 
remaining phases of the MUTCD rewrite effort. The FHWA invites your 
comments on the proposed text for Phase 1 which includes parts III, IV, 
and VIII of the MUTCD. A summary of the significant changes contained 
in these sections is discussed in this notice of proposed rulemaking.
    The proposed new style of the MUTCD would be a 3-ring binder with 
8\1/2\ inch pages. Each part of the MUTCD would be printed separately 
in a bound format and then included in the 3-ring binder. If someone 
needed to reference information on a specific part of the MUTCD, it 
would be easy to remove that individual part from the binder. The 
proposed new text would be in column format and contain four categories 
as follows: (1) Standards--representing ``shall'' conditions, (2) 
Guidance--representing ``should'' conditions, (3) Options--representing 
``may'' conditions, and (4) Support--representing descriptive and/or 
general information. This new format would make it easier to 
distinguish standards, guidance and optional conditions for the design, 
placement, and application of traffic control devices. For review 
purposes during this rewrite effort, dimensions will be shown in both 
metric and English. This will make it easier to compare text shown in 
the 1988 Edition with the proposed new

[[Page 692]]

edition. However, the adopted final version of the new MUTCD will be 
solely in metric units.
    This effort to rewrite and reformat the MUTCD will be an ongoing 
activity over the next 2-3 years. Some of the other issues which will 
be addressed in future notices of proposed rulemaking are: Standards 
for the placement of pavement marking center lines and edge lines; 
minumum retroreflectivity standards for signs and pavement markings; 
signing for low-volume rural roads; traffic control for light-rail 
grade crossings; and the addition of a new color ``Fluorescent Yellow 
Green'' for use at pedestrian and bicycle locations. These proposed 
changes to the MUTCD are intended to expedite traffic, promote 
uniformity, improve safety, and incorporate technology advances in 
traffic control device application.

Discussion of Proposed Amendments to Part III--Markings

    The following items are the most significant of the many revisions 
to Part III of the 1988 MUTCD:

Characteristics of Islands as Traffic Control Devices

    In the 1988 Edition of the MUTCD, ``Islands'' were covered in Part 
V. It is proposed to relocate this topic to part III, Section 3G.

Pavement Marking Colors

    In Section 3A.4 the color ``blue'' would be included as a new 
standard pavement marking color for international symbol of access 
parking.

General Principles for Longitudinal Pavement Markings

    In Section 3A.5 a definition for ``Dotted Lines'' would be 
included.

Widths and Patterns of Longitudinal Line Markings

    The width and pattern for ``dotted lines'' would be added to 
Section 3A.6.

Warrants for No Passing Zones at Curves

    The warrants for no-passing zones at curves would be moved from 
previous Section 3B-5 to Section 3B-1. These warrants for determining 
minimum passing sight distances would be based on posted or statutory 
speed limits as shown in Table III-1. Previously, the mimimum passing 
sight distances were determined based on the greater of the off-peak 
85th percentile speed or the posted speed limits. In addition, Table 
III-1 includes incremental speed limits of five miles per hour 
(kilometers per hour were rounded).

Center Line Markings

    A new STANDARD would be added to Section 3B.1a that requires center 
line markings to be placed on paved undivided streets and highways 
including all rural and urban arterials and collectors with specified 
widths and average daily travel (ADT), and including all two-way 
streets and highways with three or more travel lanes.

Edge Line Markings

    In Section 3B.3 edge line markings would be required on all 
freeways and expressways and on all rural arterials with travel widths 
of 6.1 m (20 ft.) or more. In addition, edge line markings are 
recommended on rural collectors with travel widths of 6.1 m (20 ft.) or 
more and at locations where the edge of the traveled way is not 
otherwise delineated and where an engineering study indicates a need.

New Standard on Pavement Marking Extensions Through Intersections or 
Interchanges

    Section 3B.4 would provide that when markings are extended into or 
continued through an intersection or interchange area, they shall be 
the same color and at least the same width as the line(s) they extend. 
This section also provides STANDARDS for dotted lines.

Raised Pavement Markers

    New supporting information would be included in Section 3B.7. It 
states that ``a raised pavement marker is a device with a height of at 
least 10mm mounted on or in a road surface, and intended to be used as 
positioning guides or to supplement or substitute for pavement 
markings.''
    The following new STANDARD would be included in Section 3B.7: The 
color of raised pavement markers under both daylight and nighttime 
conditions shall conform to the color of the marking for which they 
serve as a positioning guide, or for which they supplement, or 
substitute.
    The following new GUIDANCE would be included in Section 3B.7: 
Raised pavement markers should not be substituted for right edge lines.

Pavement Word and Symbol Markings

    In situations where through lanes become mandatory turn lanes, 
Section 3B.12, under GUIDANCE, would be modified to allow signs or 
markings to be repeated as necessary to prevent entrapment and to help 
the road user select the appropriate lane before reaching the queue of 
waiting vehicles.
    A new STANDARD would also be added to this section. It states that 
in situations where through lanes become mandatory turn lanes, lane-use 
arrows shall be used and shall be accompanied by standard signs.
    A pavement marking symbol for designated parking spaces for persons 
with disabilities would be included as an OPTION in Section 3B.12.
    A lane reduction pavement arrow would be included in Section 3B.12.

Channelizing Devices

    A new STANDARD would be added to Section 3F.2 which states that the 
color of cones and tube markers used outside construction and 
maintenance areas shall be the same as the pavement marking for which 
they supplement or substitute.

Approach End Treatment

    A new STANDARD would be included in Section 3G.2 which states that 
bars or buttons, when used in advance of islands having raised curbs, 
shall not be placed in such a manner as to constitute an unexpected 
hazard.

Discussion of Proposed Amendments to Part IV--Signals

    The following items are the most significant changes of the many 
revisions to Part IV.

Definitions Relating to Highway Traffic Signals

    Section 4A.2 would be significantly expanded from four definitions 
to fifty-five definitions of technical terms that are being used 
throughout Part IV.

Basis for Installing Highway Traffic Signals

    Section 4B.2 would state that ``If changes in traffic patterns have 
resulted in a situation where a highway traffic control signal is no 
longer needed, consideration should be given to removing it and 
replacing it with appropriate alternative traffic control devices.'' 
The FHWA has always acknowledged this but never stated it in the MUTCD.

Alternatives to Highway Traffic Control Signals

    Since vehicle delay and accident frequency are sometimes greater 
under traffic signal control than under STOP sign control, 
consideration should be given to providing less restrictive 
alternatives to traffic signals. Section 4B-4 would list eleven less 
restrictive alternative measures that should be considered before a 
highway traffic control signal is installed.

[[Page 693]]

Studies and Factors for Justifying Highway Traffic Control Signal 
Installation

    Section 4C would list seven warrants for justifying a highway 
traffic control signal installation. Warrants are a set of criteria 
that can be used to define the relative need for, and appropriateness 
of traffic control signals. The number of warrants would be reduced 
from eleven warrants to seven warrants. The following is a brief 
summary of how the warrants were reduced:
    1. The interruption of continuous traffic warrant will be combined 
with the new warrant number 1 entitled, ``Eight Hour Vehicle Volume 
Warrant.''
    2. The school crossing warrant will be placed in section 7D.4.
    3. Warrant 8 will be incorporated into warrant 1.
    4. The peak hour delay warrant will be included in Warrant 3.
    The FHWA had been receiving a number of complaints concerning the 
number and complexity of the signal warrants. This modification should 
address these concerns.

Traffic Control Signal Features

    In Section 4D.1, the following two cases where STOP signs are 
allowed to be used with traffic control signals would be added: (1) If 
the signal indication for an approach is a flashing red at all times; 
and (2) If a minor roadway or driveway is located within or adjacent to 
the controlled area, but does not require separate traffic signal 
control because an extremely low potential for conflict exists.

Meaning of Vehicle Signal Indications

    In Section 4C.4, the phrase ``Unless otherwise determined by law'' 
in the first paragraph under STANDARDS would be deleted. If this phrase 
were left in the paragraph, States would have the right to assign 
different meanings to signal indications than are allowed by the MUTCD.

Application of Steady Signal Indication

    In Section 4D.5f(3) entitled ``A Steady GREEN ARROW Indication,'' a 
GREEN ARROW would not be required on the stem of ``T'' intersections or 
for turns from one-way roadways. In this same section under 
``Options,'' the application of steady RED, YELLOW, and GREEN ARROWS is 
discussed. In the 1988 MUTCD there was an item (e) that made it 
optional to use a CIRCULAR GREEN indication for protected movements. 
This proposal would eliminate item (e) so that the GREEN ARROW 
indication would be mandatory for all protected left or right turn 
movements.

Application of Steady Signal Indications for Left Turns

    In Section 4D.6b(3), a new STANDARD would be added. It states that 
``A four-section signal face (CIRCULAR RED, CIRCULAR YELLOW, CIRCULAR 
GREEN, and left-turn GREEN ARROW) shall be used when the CIRCULAR GREEN 
and left-turn GREEN ARROW indications begin and terminate together.'' 
This is known as ``split phasing'' and would be discussed for the first 
time in the MUTCD.

Application of Steady Signal Indications for Right-Turns

    Section 4D.7 would describe in more detail the various modes for 
right-turn displays.

Traffic Control Signals for One-Lane, Two-Way Facilities

    Section 4G would be greatly expanded to include the application, 
design, and operation of traffic control signals used on one-lane, two-
way facilities.

Design of Freeway Entrance Ramp Control Signals

    In Section 4H.2, the requirement for a signal face being mounted on 
both the left and right side of a ramp that has two lanes would be 
eliminated. In addition, the requirement for a signal face to have a 
minimum nominal diameter of 8 inches has been eliminated. In this same 
section, the recommended height of the signal face (between 4\1/2\ and 
6 feet) has been changed from a GUIDANCE to an OPTION.

Design of Movable Bridge Signals and Gates

    In Section 4I.2, the following paragraph would be upgraded to a 
STANDARD:
    ``Since movable bridge operations cover a variable range of time 
periods between openings, the signals shall be of the following types. 
The first type shall consist of the standard three color (red, yellow, 
and green) traffic signal lenses, generally to be used if movable 
bridge operation is quite frequent. The second type shall consist of 
two red signal lenses in vertical array separated by a STOP HERE ON RED 
sign. (See Section 2B.37)''

Meaning of Lane-Use Control Signal Indications

    In Section 4J.2, under STANDARD, the flashing YELLOW X indication 
would be replaced by two new lane-use control signal indications: 
steady WHITE TWO-WAY LEFT-TURN ARROW and steady WHITE ONE-WAY LEFT-TURN 
ARROW.

Warning Beacon

    Section 4K.2 would replace the Hazard Identification Beacon section 
that was in the 1988 MUTCD. Guidance for design and application of 
warning beacons is described.

Speed Limit Sign Beacon

    In Section 4K.3, all speed limit sign beacons would be required to 
have a visible diameter of not less than 200 millimeters (8 inches).

Discussion of Proposed Amendments to Part VIII--Roadway-Rail 
Intersections

    The following are the most significant changes of the many 
revisions to Part VIII:

Title of Part VIII

    This section of the MUTCD would be retitled ``Traffic Control For 
Roadway-Rail Intersections'' to more properly reflect the intent of 
this part to deal with all instances where there is an intersection 
between vehicles operating on fixed rail and vehicles operating on 
roadways.

General

    The term ``roadway'' would be substituted for the terms ``highway'' 
and ``street.'' The term ``roadway'' connotes the terms ``highway'' or 
``street'' unless specifically defined in a specific section. The term 
``roadway-rail intersection'' would be substituted for the term 
``grade-crossing.''

Roadway Rail Intersection Closures

    Section 8A.4 would be expanded to discuss situations where the 
railroad is closed and situations where the roadway is closed.

Traffic Controls During Construction and Maintenance

    Section 8A.5 would be expanded to ensure that the standards 
discussed in Part VI of the MUTCD are followed for construction and 
maintenance operations at roadway-rail intersections. In addition, this 
section would require the use of a law enforcement officer or flagger 
at the intersection if the queuing of vehicles across the tracks cannot 
be avoided during construction or maintenance activities. This 
requirement would apply whether or not active traffic control devices 
are in use at the roadway-rail intersection.

Roadway-Rail Crossing (Crossbuck) Sign

    Section 8B-2 would be revised to include standards for the 
installation of 2'' minimum retroreflective white material at all grade 
crossings for placement on the back of each blade of the crossbuck sign 
for the length of the

[[Page 694]]

blade. At passive grade crossings, a strip of high grade 
retroreflective white material would also be required on the full 
length of the front and back of each ``Crossbuck'' (R15-1) or ``Number 
of Track'' (R15-2) sign support. Figure 8-1 has been modified to 
reflect this change.

Roadway-Rail Intersection Signs and Markings

    Some of the sections in 8B would be reordered to put all of the 
discussions relating to signs together before pavement markings, etc. A 
new Section 8B.10 ``Stop Lines'' would be added. This section discusses 
the placement of stop lines. This information is presently contained as 
a note on Figure 8-2. The current Section 8B.5 ``Illumination at Grade 
Crossings'' would be moved to Section 8C.1.

Flashing-Light Signals and Gates

    This Section 8C would be redesignated as 8D. Section 8D in the 1988 
MUTCD entitled ``Systems and Devices'' would be removed and the 
information in that section would be incorporated into revised sections 
8A and 8D.

Train Detection Systems

    In Section 8D-5, automatic flashing light signals would be required 
to flash for at least 20 seconds before the arrival of any train 
regardless of the train's speed. The current requirement applies to 
trains that operate at speeds of 20 mph or greater.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable, but the FHWA may issue a final 
rule at any time after the close of the comment period. In addition to 
late comments, the FHWA will also continue to file in the docket 
relevant information that becomes available after the comment closing 
date, and interested persons should continue to examine the docket for 
new material.

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. It is anticipated that the economic 
impact of this rulemaking would be minimal. The new standards and other 
changes proposed in this notice are intended to improve traffic 
operations and provide additional guidance, clarification, and optional 
applications for traffic control devices. The FHWA expects that these 
proposed changes will create uniformity and enhance safety and mobility 
at little additional expense to public agencies or the motoring public. 
Therefore, 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 proposed 
action on small entities, including small governments. This notice of 
proposed rulemaking adds some new and alternative traffic control 
devices and traffic control device applications. The proposed new 
standards and other changes are intended to improve traffic operations, 
expand guidance and clarify application of traffic control devices. The 
FHWA hereby certifies that these actions would not have a significant 
economic impact on a substantial number of small entities.

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 would 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. The proposed 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 this amendment would override any 
existing State requirements regarding traffic control devices, it does 
so in the interests 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 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 used to cross reference this action with the 
Unified Agenda.

List of Subjects in 23 CFR 655

    Design standards, Grant programs--transportation, Highways and 
roads, Incorporation by reference, Signs, Traffic regulations.

(23 U.S.C. 109(d), 114(a), 315, and 402(a); 23 CFR 1.32, 655.601, 
655.602, and 655.603; 49 CFR 1.48)

    Issued on: December 27, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-33405 Filed 12-31-96; 8:45 am]
BILLING CODE 4910-22-P