[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Rules and Regulations]
[Pages 8350-8351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4171]



[[Page 8350]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-97-2314]
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: Final amendment to Part VI of the Manual on Uniform Traffic 
Control Devices (MUTCD).

-----------------------------------------------------------------------

SUMMARY: This document contains an amendment to Part VI of the Manual 
on Uniform Traffic Control Devices (MUTCD) which has been adopted by 
the FHWA. The amendment revises the section of the MUTCD concerning 
temporary traffic signals in order to permit the use of certain 
temporary signaling 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.

DATES: The final rule is effective February 19, 1998. Incorporation by 
reference of this amendment is approved by the Director of the Federal 
Register as of February 19, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of 
Highway Safety (HHS-10), (202) 366-2193, or Mr. Wilbert Baccus, Office 
of the Chief Counsel, (202) 366-0780, 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 MUTCD is available for inspection and 
copying as prescribed in 49 CFR part 7, appendix D. The MUTCD (1988 
Edition) which includes Part VI (Revision 3, dated 1993) may be 
purchased for $44 (Domestic) or $55 (Foreign) from the Superintendent 
of Documents, U.S. Government Printing Office, P.O. Box 371954, 
Pittsburgh, PA 15250-7954, Stock No. 650-001-00001-0.
    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 VI-82(C)).
    This amendment contains a revision 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 Part VI are 
contained in FHWA docket number 89-1, Notice No. 7, published at 58 FR 
65084 on December 10, 1993.
    The text change resulting from this amendment to the MUTCD has been 
titled ``1988 MUTCD Revision 4a (modified).'' It will be available from 
the Government Printing Office (GPO), Superintendent of Documents, P.O. 
Box 371954, Pittsburgh, PA 15250-7954. Everyone currently appearing on 
the FHWA, Office of Highway Safety, Federal Register mailing list will 
be sent a copy. Those who want to be added to this mailing list should 
write to FHWA, Office of Highway Safety, HHS-10, 400 Seventh Street, 
SW., Washington, DC. 20590.

Summary of Comments

    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.

    On January 4, 1995, the FHWA published an interim final rule and 
request for comments that allowed the use of temporary traffic signals 
that employ new technology that will guard against conflicting GREEN 
indications at each end of the temporary traffic control zone.
    The FHWA received a total of seven comments pertaining to this 
amendment. Four of the comments were in favor of the amendment. The 
major concerns of the three opposing comments relate to the following:

    1. Proper signal operation during power failure;
    2. Proper signal operation during possible equipment 
malfunction;
    3. Proper signal operation at construction sites where serious 
vandalism occurred at one end of a two-lane, two-way traffic 
operation;
    4. The extent of a State's obligation to determine if safeguards 
are in place to avoid the display of conflicting signals at each end 
of the temporary traffic control zone; and
    5. The need to avoid the possibility of green/green conflict.

    The FHWA agrees with the concerns of the opposing comments. To 
address the concerns of the opposing comments, FHWA will revise section 
6F-8C to allow new traffic signal technology, to require traffic 
signals to guard against conflicting GREEN indications, and to use 
conflict monitors or other similar technology to guard against signal 
malfunctions whenever the distance between traffic signals is long or 
restricted. Based on the comments, the last paragraph in section 6F-8C, 
as revised and adopted by the FHWA in this final rule, reads as 
follows:

    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 
possibility of GREEN/GREEN conflict at each end of the temporary 
traffic control zone, the traffic signal shall be either hard-wired, 
controlled by radio signals, operated manually, or designed to 
employ other technology that will not allow conflicting signal 
displays. Whenever the distance between traffic signals is long or 
restricted, the use of conflict monitors or similar electronic 
technology that is typically used in traditional traffic signal 
operations should be considered.

    This revised language in section 6F-8C allows the use of new and 
innovative technology to coordinate signal displays and does not 
endorse a particular product. It ensures, however, that the concerns of 
the three opposing individuals must be addressed by all traffic signal 
manufacturers, regardless of methods used to coordinate signal 
displays.

Rulemaking Analyses and Notices

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 changes proposed in 
this notice provide additional guidance, clarification, and optional 
applications for traffic control devices. The FHWA expects that 
application uniformity will improve at little additional expense to 
public

[[Page 8351]]

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 final 
amendment allows the use of some alternative traffic control devices 
and the changes adopted here merely provide expanded guidance and 
clarification on the selection of appropriate traffic control devices. 
Based on this evaluation, the FHWA hereby certifies that this action 
will 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 will 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. These amendments are 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 
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 does 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.

    Issued on: February 11, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.
    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 49 CFR 1.48(b).

Subpart F--Traffic Control Devices on Federal-Aid and Other Streets 
and Highways [Amended]


Sec. 655.601   [Amended]

    2. Section 655.601 is amended by revising paragraph (a) to read as 
follows:
* * * * *
    (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, ``Errata No. 1 to the 1988 MUTCD, Revision No. 3,'' 
Revision No. 4 dated November 1, 1994, Revision No. 4a (modified) dated 
February 19, 1998, and Revision No. 5 dated December 24, 1996. 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, N.W., 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), P.O. Box 371954, Pittsburgh, PA 15250-7954 and 
has Stock No. 650-001-00001-0. 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, ``1988 MUTCD Errata No. 1 to Revision No. 3,'' 
dated November 1, 1994, ``1988 MUTCD Revision No. 4,'' dated November 
1, 1994, ``Revision No. 4a (modified),'' dated February 19, 1998, and 
``1988 MUTCD Revision No. 5,'' dated December 24, 1996, are available 
from the Federal Highway Administration, Office of Highway Safety, HHS-
10, 400 Seventh Street, SW., Washington, DC 20590. These documents are 
available for inspection and copying as prescribed in 49 CFR part 7, 
appendix D.
* * * * *
[FR Doc. 98-4171 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-22-P