[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Proposed Rules]
[Pages 33802-33806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16028]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 121 / Thursday, June 24, 1999 / 
Proposed Rules  

[[Page 33802]]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-1998-4720]
RIN 2125-AE50


Revision of the Manual on Uniform Traffic Control Devices; 
Tourist Oriented Directional Signs, Recreation and Cultural Interest 
Signs, and Traffic Controls for Bicycle Facilities

AGENCY: Federal Highway Administration (FHWA), DOT.

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

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

SUMMARY: The MUTCD is incorporated by reference in FHWA regulations 
regarding traffic control devices on Federal-aid and other streets and 
highways, approved by the Federal Highway Administrator, and recognized 
as the national standard for traffic control on all public roads.
    This document proposes new text for the MUTCD in Chapter 2G-Tourist 
Oriented Directional Signs (TODS), Chapter 2H-Recreation and Cultural 
Interest Area Signs, and Part 9, Traffic Controls for Bicycle 
Facilities. The purpose of this rewrite effort is to reformat the text 
for clarity of intended meanings, to include metric dimensions and 
values for the design and installation of traffic control devices, and 
to improve the overall organization and discussion of the contents in 
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 March 24, 2000.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. All comments received will be available for 
examination at the above address between 10 a.m. and 5 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: For information regarding the notice 
of proposed amendments contact Ms. Linda Brown, Office of Highway 
Safety, Room 3414, (202) 366-2192, or Mr. Raymond Cuprill, Office of 
Chief Counsel, Room 4217, (202) 366-0834, Department of Transportation, 
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL 401, by using the universal resource locator 
(URL):http/dms.dot.gov. It is available 24 hours each day, 365 days 
each year. Please follow the instructions online for more information 
and help. An electronic copy of this notice of proposed amendment may 
be downloaded using a modem and suitable communications software from 
the Government Printing Office's Electronic Bulletin Board Service at 
(202) 512-1661. Internet users may reach the Federal Register's home 
page at: http://www.nara.gov/fedreg and the Government Printing 
Office's database at: http://www.access.gpo.gov/nara.
    The text for the proposed sections of the MUTCD is available from 
the FHWA Office of Highway Safety (HHS-10) or from the FHWA Home Page 
at the URL: http://www.ohs.fhwa.dot.gov/devices/mutcd.html. Please note 
that the current rewrite sections contained in this docket for MUTCD 
Chapters 2G, 2H, and Part 9 will take approximately 8 weeks from the 
date of publication before they will be available at this web site.

Background

    The 1988 MUTCD with its revisions are available for inspection and 
copying as prescribed in 49 CFR Part 7. It may be purchased for $57.00 
(Domestic) or $71.25 (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. This document is being issued to 
provide an opportunity for public comment on the desirability of 
proposed amendments to the MUTCD. Based on the comments received and 
upon its own experience, the FHWA may issue a final rule concerning the 
proposed changes included in this document.
    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. The NCUTCD 
voluntarily assumed the arduous task of rewriting and reformatting the 
MUTCD, which is incorporated by reference in 23 CFR part 655, subpart 
F. The NCUTCD proposal is available from the U.S. DOT Dockets (see 
address above). Pursuant to 23 CFR Part 655, the FHWA is responsible 
for approval of changes to the MUTCD.
    The FHWA announced its intent to rewrite and reformat the MUTCD on 
January 10, 1992, at 57 FR 1134. Although the MUTCD will be revised in 
its entirety, it is being completed in phases due to the enormous 
volume of text. The FHWA reviewed the NCUTCD's proposal for MUTCD Part 
3--Markings, Part 4--Signals, and Part 8--Traffic Control for Roadway-
Rail Intersections. The summary of proposed changes for Parts 3, 4, and 
8 were published as Phase 1 of the MUTCD rewrite effort in a previous 
notice of proposed amendment dated January 6, 1997, at 62 FR 691. The 
FHWA reviewed the NCUTCD's proposal for Part 1--General Provisions and 
Part 7--Traffic Control for School Areas. The summary of proposed 
changes for Parts 1 and 7 were published as phase 2 of the MUTCD 
rewrite effort in a previous notice of proposed amendment dated 
December 5, 1997, at 62 FR 64324. The FHWA reviewed the NCUTCD's 
proposal for Chapter 2A--General Provisions and Standards for Signs, 
Chapter 2D--Guide Signs for

[[Page 33803]]

Conventional Roads, Chapter 2E--Guide Signs for Expressways and 
Freeways, Chapter 2F--Specific Service Signs, and Chapter 2I--Signing 
for Civil Defense. The summary of proposed changes for Chapters 2A, 2D, 
2E, 2F, and 2I were published as Phase 3 of the MUTCD rewrite effort in 
a previous notice of proposed amendment dated June 11, 1998, at 63 FR 
31950.
    This notice of proposed amendment is Phase 4 of the MUTCD rewrite 
effort and includes the summary of proposed changes for MUTCD Chapter 
2G, Chapter 2H, and Part 9. The public will have an opportunity to 
review and comment on the remaining parts of the MUTCD in a future 
notice of proposed amendment. The remaining parts and chapters are as 
follows: Part 5--Traffic Control for Low Volume Roads; Part 6--Traffic 
Control for Construction, Maintenance, Utility, and Incident 
Management; Part 10--Traffic Control for Light Rail Operations; Chapter 
2B--Regulatory Signs; and Chapter 2C--Warning Signs; Update for Part 
1--General Provisions; and an Update for Part 4--Signals.
    The FHWA invites comments on the proposed text for Chapter 2G, 
Chapter 2H, and Part 9 of the MUTCD. A summary of the significant 
changes contained in these sections of the Manual are discussed in this 
notice of proposed amendment. The proposed new style of the MUTCD would 
be a 3-ring binder with 8\1/2\ x 11 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 units. This will make it easier to compare text 
shown in the 1988 Edition with the proposed new 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 two to three years.

Discussion of Proposed Amendments to Chapter 2G--Tourist Oriented 
Directional Signs (TODS)

    The following items are the most significant proposed revisions to 
Chapter 2G:
    In Section 2G.1, paragraph 1, the FHWA proposes to define the terms 
``panel'' and ``sign'' as used throughout Chapter 2G. The proposed 
definition is as follows: A ``panel'' consists of the name or 
identification of the business, service, or activity facility. A 
tourist oriented directional ``sign'' consists of one or more panels.
    In Section 2G.1, paragraph 5, the FHWA proposes to add a 
recommended criteria that tourist oriented directional signs (TODS) 
should not be used where the facility and its on-premise advertising 
signs are readily visible from the roadway. This is consistent with the 
proposed criteria for specific service signs (Chapter 2F) in a 
previously published notice of proposed amendment.
    In Section 2G.2, paragraph 2, the FHWA proposes to include a 
standard that each tourist oriented directional panel shall display 
only one eligible business, service, or activity facility.
    In the 1988 MUTCD, Figure 2-53 shows 6 feet as the maximum sign 
height for tourist oriented directional signs. To be consistent with 
the figure, the FHWA proposes to include a discussion of this 6 feet 
maximum sign height in paragraph 1 of the proposed text for Section 
2G.4, Arrangement and Size of Signs. The FHWA also proposes to clarify 
the text previously contained in the 1988 MUTCD for the arrangement, 
number, and size of tourist oriented directional signs.
    In 2G.5, paragraph 6, the FHWA proposes to include an OPTION to 
clarify that in cases where directional word messages such as NEXT 
RIGHT (LEFT) or AHEAD are appropriate for application, this additional 
information may be added to the 6 feet maximum sign height.
    In Section 2G.6, paragraph 5, the FHWA proposes to require that all 
tourist directional signs (TODS), rather than only the advance TODS 
signs as in the 1988 MUTCD, shall not obstruct the road user's view of 
other traffic control devices. This is consistent with the current 
policy that the location of other traffic control devices takes 
precedence over the location of TODS.
    In Section 2G.7, paragraph 1, the FHWA proposes to add the equal 
opportunity criteria of Title VI of the Civil Rights Act of 1964 (Pub. 
L. 88-352, 78 Stat. 241) as a STANDARD condition for TODS, since most 
Federal programs require compliance with the Title VI regulations. This 
is consistent with what was proposed for specific service signs in 
Section 2F.1, paragraph 4.

Discussion of Proposed Amendments to Chapter 2H--Recreation and 
Cultural Interest Symbol Signs

    The following are the most significant proposed changes to Chapter 
2H:
    Chapter 2H contains standards for the design, application, and 
placement of recreational and cultural interest signs. Based on a 
Memorandum of Understanding between the Federal Highway Administration 
and the U.S. Department of Agriculture Forest Service, many of the 
symbols used by the Forest Service are adopted by reference in the 
MUTCD and ``Standard Highway Signs'' (SHS) Book.1 These 
symbols were referred to as the ``88 Forest Service Symbol Signs.'' In 
1997, the Forest Service submitted a request to modify some and adopt 
other recreational and cultural interest area symbols. Diagrams of 
these signs are shown in the proposed text. The proposed text can be 
requested from the FHWA, Office of Highway Safety as indicated in the 
preface of this notice of proposed amendment.
---------------------------------------------------------------------------

    \1\ ``Standard Highway Signs,'' FHWA, 1979 Edition is included 
by reference in the 1988 MUTCD. It is available for purchase from 
the Government Printing Office, Superintendent of Documents, P.O. 
Box 371954, Pittsburgh, PA 15250-7954. It is available for 
inspection and copying at the FHWA Washington Headquarters and all 
FHWA division Offices as prescribed at 49 CFR part 7.
---------------------------------------------------------------------------

    The FHWA proposes to modify the following existing recreation and 
cultural interest signs to improve their visibility and make the sign 
design less complex: Litter Container (RG-130), Ranger Station (RG-
170), Picnic Area (RM-120), Laundry (RA-060), Sleeping Shelter (RA-110) 
and Interpretative Trail (RL-130).
    The FHWA is proposing to adopt the following Forest Service symbols 
and include them in the SHS Book: Motor Home (RM-200), Group Picnicking 
(RM-220), Group Camping (RM-210), Dog (RG-240), Seaplane (RG-260), 
Family Restroom (RA-150), Helicopter (RA-160), All-Terrain Vehicle (RL-
170), Archer (RL-190), Hang Glider (RL-210), Fishing Pier (RW-160), 
Hand Launch for Boating (RW-170), Kayak (RW-190), Wind Surf (RW-210), 
and Chairlift for Skiing (RS-100).
    In Section 2H.1, the FHWA proposes to expand the use of recreation 
and cultural interest signs to provide the OPTION of using these 
symbols on directional guide signs found on expressways and freeways. 
The 1988

[[Page 33804]]

MUTCD provided only the Winter and Marine recreation and cultural 
interest signs for use on expressway and freeway guide signs.
    Table II-6, ``Category and Usage Chart'' on pages 2H-3 and 2H-4 of 
the 1988 MUTCD has been deleted. Based on the FHWA's proposal to expand 
the use of recreation and cultural interest signs to include not just 
conventional roads but also to include unrestricted use on expressways 
and freeways as well, the discussion of road/type usage is no longer 
appropriate. In addition, the signs and series numbers are more 
appropriate for inclusion in the SHS Book.
    In Section 2H.5, paragraph 1, the FHWA proposes to delete Table II-
7, ``Sign Sizes,'' of the 1988 MUTCD which shows the recreational and 
cultural interest sign sizes based on road types. Instead of using this 
table to discuss road types and sign sizes, the FHWA proposes to 
discuss only the information on sign sizes. This information will be 
shown in paragraph format rather than in a table.
    In Section 2H.6, paragraph 1, the FHWA proposes to recommend that 
the width of educational plaques used with recreational and cultural 
interest signs should be equal to the width of the symbol sign. This 
proposed change will simplify manufacturer specifications and sign 
installation procedures.
    In the 1988 MUTCD, Sections 2H-10 through 2H-15 gave a general 
description of the categories of recreation and cultural interest 
symbol signs. The FHWA proposes to delete these sections since the 
category titles are self-explanatory and the categories are shown in 
Section 2H.4 of the proposed text. The FHWA proposes to show diagrams 
and details for each sign category in the SHS Book.

Discussion of Proposed Amendments to Part 9--Traffic Controls for 
Bicycle Facilities

    The discussions contained in the following sections of the 1988 
MUTCD are proposed for deletion: Sections 9A-1, 9A-4, 9A-6, 9A-7, and 
9A-9. The information contained in these sections can be found in Part 
1 of the MUTCD and to repeat this information would appear redundant.
    In Section 9A.3, two additional definitions have been proposed: 
``bicycle lane'' and ``shared use path.'' These terms were not listed 
in the definitions section of the proposed text for Part 1, published 
in the Federal Register dated December 5, 1997. However, the FHWA plans 
to add these terms to the proposed definitions section of MUTCD Part 1, 
in a notice of proposed amendment which will be published at a later 
date. In Part 9 of the 1988 MUTCD, the term ``designated bicycle lane'' 
was used. The definition for the proposed term ``bicycle lane'' is 
similar to the definition of ``designated bicycle lane.'' In Part 9 of 
the 1988 MUTCD the term ``bicycle trail'' was used. The definition for 
the proposed term ``shared use path'' is similar to the definition of 
``bicycle trail'' except it has been expanded to include wheelchair 
users, skaters, pedestrians, and joggers.
    In Section 9B.1, the FHWA proposes to combine the discussion on 
application and location of signs as previously discussed in sections 
9B-1 and 9B-2 of the 1988 MUTCD into one section entitled, 
``Application and Placement of Signs.'' In paragraph 2, the FHWA 
proposes to include the dimensions shown in Figure 9-1 of the 1988 
MUTCD for lateral sign clearance so that the text discusses the same 
information shown in the figure. The FHWA proposes to change the 
minimum vertical mounting height for ground-mounted signs used on 
shared-paths clearance from 1.2 m (4 feet) to 2.1 m (7 feet) as 
proposed in Section 2A-18. The minimum mounting height of signs used on 
bicycle paths would remain 1.2 m (4 feet).
    The FHWA proposes to add a new Table 9B.1 ``Bikeway Sign Sizes.'' 
This table shows the dimensions and sizes that are contained in the SHS 
Book. The table eliminates the need to show the dimensions and sizes in 
the associated MUTCD text discussion and the need to refer the reader 
to the SHS Book.
    In Section 9B.6, the FHWA proposes to change the title (shown in 
the 1988 MUTCD Section 9B-8) from ``Designated Lane Signs'' to 
``Preferential Bicycle Lane Signs.'' This proposed change is consistent 
with the definition section in Part 1 of the MUTCD rewrite.
    In Section 9B.7, the FHWA proposes to change the title (shown in 
the 1988 MUTCD Section 9B-9) from ``Travelpath Restriction Signs'' to 
``Shared Use Path Restriction Sign.'' This proposed change in 
terminology more clearly indicates the specific sign and the specific 
message that a facility is to be shared by pedestrians and bicycles.
    In Section 9B.9, the FHWA proposes to change the title (shown in 
the 1988 MUTCD Section 9B-11) from ``No Parking Signs'' to ``No Parking 
Bicycle Lane Signs.'' This proposed change more clearly distinguishes 
the fact that the signs are intended for bicycle lanes.
    In Section 9B.10, the FHWA proposes to change the title (shown in 
the 1988 MUTCD Section 9B-12) from ``Lane Use Control Signs'' to 
``Bicycle Preferential Lane-Use Control Signs.'' This proposed change 
more clearly distinguishes lane-use control signs that relate to 
bicycle traffic.
    In Section 9B.17, paragraph 2, the FHWA proposes to change the 
GUIDANCE from the 1988 MUTCD which recommends that the ``Bicycle Route 
Marker'' (M1-8) should be used to establish a unique designation for a 
State or local bicycle route. The FHWA proposes to change this 
condition to an OPTION.
    In Section 9C.2, paragraph 3, the FHWA proposes to clarify the 
previous language in the 1988 MUTCD related to word messages stenciled 
in the bike lanes. The FHWA proposes to clearly indicate that this 
should be recommended practice. Pavement markings provide important 
information to bicyclists, especially since the location of the 
pavement marking is directly in the bicyclist's line of vision while 
traveling. The FHWA is also proposing to add a new GUIDANCE to 
recommend that pavement marking materials that will minimize loss of 
traction for bicycles under wet conditions should be selected.
    In Section 9C.3, paragraph 7, the FHWA proposes to change the 
GUIDANCE to an OPTION for using a solid white line to separate 
different types of users on shared use paths. The reason for this 
proposed change is because there are other methods of separation that 
may be used such as different pavement textures or materials.
    The FHWA proposes to change the title of Section 9C.4 from 
``Marking of Designated Bikeways'' to ``Marking of Preferential Bicycle 
Lanes.'' This proposed change is consistent with the proposed new term 
``Preferential Bicycle Lane'' that is defined in the proposed new 
Section 1A.14, ``Definitions.'' Also in Section 9C.4, paragraph 2, the 
FHWA proposes to add a sentence requiring signs to be used with the 
preferential lane symbol. Using signs is particularly important for 
notifying drivers of the appropriate travel lane for vehicle 
positioning so as to prevent conflict with bicycle traffic. The FHWA 
proposes to include the following new figures to demonstrate proper 
installation of pavement marking treatments: Figure 9-4, ``Typical 
Pavement Markings for Preferential Bicycle Lane on Two-Way Street''; 
Figure 9-7, ``Typical Preferential Bicycle Lane Treatment at Right Turn 
Only Lane''; and Figure 9-8, ``Typical Preferential Bicycle Lane 
Treatment at Parking on Two-Way Street with Parking and Right Turn Only 
Lane.''

[[Page 33805]]

    The FHWA is also proposing to delete the preferential lane symbol 
(diamond) for bicycles. The intended meaning of this symbol is to 
indicate ``exclusive use lanes.'' However, many people misinterpret the 
meaning of this symbol to apply to high occupancy vehicles (HOV) lanes 
only. Both the R3-16 and R3-17 signs and the pavement marking would be 
affected by this proposed change. Bicycle lanes would be identified by 
using the bicycle symbol or the words ``BIKE LANE'' or ``BIKE LANE 
ONLY'' as pavement markings. See Figure 9-5 for an example of these 
markings. Please note that such a change would include a very generous 
phase-in period so as not to be a financial burden on those 
implementing the changes. FHWA is considering a compliance date of 7 to 
10 years after publication in the Federal Register.
    FHWA is also adding two new symbol signs: (1) the R3-17a is for 
situations where ``on street parking'' is allowed next to a bicycle 
lane, and (2) the R3-16a is used to indicate that a bicycle lane is 
ending.
    In Section 9C.6 the FHWA proposes changing the title from ``Object 
Markers on Bicycle Trails'' to ``Object Markers on Shared Use Paths.'' 
The proposed term ``Shared Use Paths'' is a more accurate description 
than bicycle trails. The proposed definition of shared use paths is ``A 
separate trail or path from which motor vehicles are prohibited and 
which is for the shared use of bicyclists, skaters, wheelchair users, 
joggers, and pedestrians. Where such trail or path forms a part of a 
highway, it is separated from the roadways for motor vehicle traffic by 
an open space or barrier.''
    The FHWA proposes including a separate Section 9C.7 to cover the 
discussion on pavement markings used for obstructions on bikeways. 
Although this discussion was formerly included as part of the 
discussion on object markers, the FHWA believes that separating these 
two distinct types of traffic control devices is appropriate.
    In Section 9D.2, the FHWA proposes to combine the discussion on 
visibility requirements with the discussion on signal operations for 
bicycles. In the 1988 MUTCD (Sections 9D-2 and 9D-3) these two 
discussions were inappropriately handled as separate sections. The two 
sections are related and should be combined. Instead of using the term 
``programmed signals,'' the FHWA proposes to use the term ``visibility-
limited signal faces.'' The FHWA proposes to make it a requirement that 
signal timing on bikeways be reviewed and adjusted to consider the 
visibility needs of bicyclists.

Discussion of Adopted Amendments to Part 9 of the 1988 MUTCD

    The following adopted change was published in a previous final rule 
on June 19, 1998, at 63 FR 33546 and is highlighted in this discussion 
of proposed changes for purpose of consistency:
    Section 9B.2, paragraph 5 has been modified to reference the option 
to use fluorescent yellow-green as the background color for Bicycle 
Crossing signs.
    The following adopted change was published in a previous final rule 
on January 9, 1997, at 62 FR 1368 and is highlighted in this discussion 
of proposed changes for purpose of consistency:
    Section 9B.15, paragraph 2 has been modified to reference the 
option to use the ``Share the Road'' (W16-1) sign in situations where 
there is a need to warn motorists to watch for bicyclists traveling 
along the highway.

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 preliminarily that this action will not be 
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 (Public Law 96-
354, 5 U.S.C. 601-612), the FHWA has evaluated the effects of this 
proposed action on small entities. 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 expedite traffic, improve safety, and provide a 
more uniform application of traffic control devices. Since most of the 
proposed revisions provide recommended practice, expanded guidance, and 
clarification of existing information, the FHWA hereby certifies that 
these proposed revisions would not have a significant economic impact 
on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose a Federal mandate resulting in 
the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year (2 U.S.C. 1532).

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and the FHWA anticipates 
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

[[Page 33806]]

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 Part 655

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

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

    Issued on: June 16, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
[FR Doc. 99-16028 Filed 6-23-99; 8:45 am]
BILLING CODE 4910-22-P