[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71358-71366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32907]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-99-6298]
RIN 2125-AE66


Revision of the Manual On Uniform Traffic Control Devices; 
Regulatory Signs, Low Volume Rural Roads, and Traffic Control for 
Highway-Rail 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 Chapter 2B--
Regulatory Signs, Part 5--Traffic Control Devices for Low-Volume Rural 
Roads, and Part 8--Traffic Control for Highway-Rail Grade Crossings 
(update information). 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 included herein are intended to 
expedite traffic, promote uniformity, improve safety, and incorporate 
technology advances in traffic control device application.

DATES: Submit comments on or before June 30, 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 9 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 
Transportation Operations, Room 3408, (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:

[[Page 71359]]

Electronic Access

    Internet users may 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 Office of 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 Transportation Operations (HOTO-1) or from the FHWA 
Home Page at the URL: http://www.fhwa.dot.gov/operations/mutcd. Please 
note that the current proposed sections contained in this docket for 
MUTCD Chapters 2B, Part 5, and Part 8 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 notice 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 its own 
experience, the FHWA may 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. The NCUTCD 
voluntarily assumed the arduous task of rewriting and reformatting the 
MUTCD. 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.
    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 Highway-Rail Intersections. 
The summary of proposed changes for Parts 3, 4, and 8 was 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 was 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 
Conventional Roads, Chapter 2E--Guide Signs--Freeways and Expressways, 
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 was published as Phase 3 of the MUTCD rewrite effort in a 
previous notice of proposed amendment dated June 11, 1998, at 63 FR 
31950. The summary of proposed changes for Chapters 2G--Tourist 
Oriented Directional Signs, Chapter 2H--Recreational and Cultural 
Interest Signs, and Part 9--Traffic Control for Bicycles was published 
as Phase 4 of the MUTCD rewrite effort in a previous notice of proposed 
amendment dated June 24, 1999, at 64 FR 33802. The summary of proposed 
changes for Chapter 2C--Warning Signs and Part 10--Traffic Control for 
Highway-Light Rail Transit Grade Crossings was published as Phase 5 of 
the MUTCD rewrite effort in a previous notice of proposed amendment 
dated June 24, 1999, at 64 FR 33806.
    This notice of proposed amendments is Phase 6 of the MUTCD rewrite 
effort and includes the summary of proposed changes for MUTCD Chapter 
2B, Part 5, and update information for previously published proposed 
changes to Part 8. 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 include Part 6--Traffic Control 
for Construction, Maintenance, Utility, and Incident Management and 
updates to the following previously published parts of the MUTCD: Part 
1--Definitions; Part 3-- Markings; and Part 4--Signals.
    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. The 
adopted final version of the new MUTCD will be in metric and English 
units. Dual units will be shown in the MUTCD particularly for speed 
limits, guide sign distances, and other measurements which the public 
must read.
    The FHWA invites comments on the proposed text for MUTCD chapter 
2B, part 5, and part 8 update. A summary of the proposed significant 
changes contained in these sections are included in the following 
discussion:

Discussion of Proposed Amendments to Chapter 2B--Regulatory Signs

    The following items are the most significant proposed revisions to 
Chapter 2B:
    1. In Section 2B.1, the FHWA proposes to delete the sentence 
indicating that all regulatory signs shall be retroreflective or 
illuminated since this information is covered in Section 2A.8 which 
provide general requirements for all signs, including regulatory signs.
    2. In Section 2B.3, the FHWA proposes to include an explanation of 
when various sign sizes should be used based on the roadway 
classification. This information is currently shown in the ``Standard 
Highway Signs'' book.1 However, we believe it is worth 
mentioning in the MUTCD text as well.
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    \1\ ``Standard Highway Signs,'' FHWA, 1979 (Metric) is included 
by reference in the 1988 MUTCD. It is available for inspection and 
copying at the FHWA Washington Headquarters and all FHWA Division 
Offices as prescribed at 49 CFR part 7.
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    3. In Section 2B.3, the FHWA proposes to add Table 2B.1 which

[[Page 71360]]

shows the sign codes, the standard sign sizes, and applicable MUTCD 
sections for more detailed information. The FHWA believes that having 
this information in a table format will provide an easy and quick 
reference for the readers. In an effort to improve sign visibility, the 
FHWA also proposes to increase the standard letter size for the 
following signs:

                        Table Showing Signs With Proposed Increased Standard Letter Sizes
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             Sign                           Code                            Proposed standard size
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Two-Way Left Turn Only.......  R3-9b........................  750mm x 1050mm (30'' x 42'').
Center Lane Buses and HOV 2+   R3-11........................  1050mm x 1500mm (42'' x 60'').
 Only.
Do Not Enter.................  R5-1.........................  900mm x 900mm (36'' x 36'').
Pedestrians and Bicycles       R5-10b.......................  900mm x 600mm (36'' x 24'').
 Prohibited.
Pedestrians Prohibited.......  R5-10c.......................  750mm x 450mm (30'' x 18'').
One Way......................  R6-1.........................  900mm x 900mm (36'' x 36'').
One Way......................  R6-2.........................  900mm x 900mm (36'' x 36'').
Divided Highway..............  R6-3 and 3a..................  900mm x 900mm (36'' x 36'').
No Parking/Restricted Times..  R7-200.......................  500mm x 450mm (20'' x 18'').
Hitch Hiking Prohibited        R9-4a........................  600mm x 600mm (24'' x 24'').
 (symbol).
Left on Green Arrow Only.....  R10-5........................  900mm x 1200mm (36'' x 48'').
Use Lane with Green Arrow....  R10-8........................  750mm x 900mm (30'' x 36'').
Left (Right) Turn Signal.....  R10-10.......................  750mm x 900mm (30'' x 36'').
Left Turn Yield on Green Ball  R10-12.......................  750mm x 900mm (30'' x 36'').
No Trucks Over 7000 lbs Empty  R12-3........................  750mm x 900mm (30'' x 36'').
 Weight.
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    4. In Section 2B.4, paragraph 2, the FHWA proposes to require the 
use of the 4-WAY supplemental plaque (R1-3) at intersections where all 
approaches are controlled by STOP signs. In the 1988 MUTCD this was a 
recommended practice. However, the FHWA believes that due to the 
increased aggressive driving behavior, disregard of STOP signs, and the 
hazardous nature of these type intersections, the required use of the 
4-WAY supplemental plaque will provide additional emphasis and motorist 
information at these locations.
    5. In Section 2B.5, the FHWA proposes to change the title from 
``Warrants for Stop Signs'' to ``Stop Sign Application.'' This proposed 
change attempts to eliminate the misunderstanding created by the term 
``warrants'' which has a ``legal sanctions'' connotation. The GUIDANCE 
provided in Section 2B.5 for installing STOP signs is not intended to 
be a legal sanction or authorization, but instead is intended to list 
possible situations where these signs could be appropriate based on an 
engineering study.
    6. In Section 2B.5, paragraph 6, the FHWA proposes to add GUIDANCE 
to describe the appropriate street to stop traffic in a two-way STOP 
control situation.
    7. In Section 2B.5, paragraph 7, the FHWA proposes to include 
considerations that may help engineers and other transportation 
officials decide the appropriate street to install STOP signs at 2-WAY 
STOP intersections.
    8. In Section 2B.5, paragraph 9, the FHWA proposes to include 
SUPPORT information to clarify to the reader that restrictions on the 
use of STOP signs as discussed in section 2B.5 also apply to Multiway 
STOP signs (section 2B.7).
    9. In Section 2B.6, paragraph 4, the FHWA proposes to change the 
following sentence from an OPTION condition to a GUIDANCE condition: 
``Stop lines, when used to supplement a STOP sign, should be located at 
the point where the road user should stop.'' The use of pavement 
markings helps to reinforce sign and other traffic control device 
messages. We believe that recommending the use of the STOP line 
provides the road user with additional information on which to make 
safe traffic operation decisions.
    10. In Section 2B.6, paragraph 5, the FHWA proposes to add a 
sentence which states that STOP signs should not be placed on the far-
side of the intersection. Although this is not new guidance and is 
shown in many of the typical figures in the 1988 MUTCD, we believe that 
it is appropriate to include this proposed text to eliminate any 
ambiguity.
    11. In Section 2B.7, the FHWA proposes to add the word 
``application'' to the title since this term is more descriptive of the 
information contained in this section on multi-way stop signs. In 
Section 2B.7, paragraph 2, the FHWA proposes to add GUIDANCE to 
recommend that the decision to install Multiway Stop signs should be 
based on an engineering study.
    12. In Section 2B.7, paragraph 2, the FHWA proposes to specifically 
state that the decision to install multi-way stop signs should be based 
on an engineering study. Although this recommended GUIDANCE is usually 
followed, the FHWA believes it is appropriate to include this general 
practice in the MUTCD text.
    13. In Section 2B.7, paragraph 3, the FHWA also proposes to 
recommend criteria that should be considered in the engineering study. 
This proposed change also eliminates the misunderstood term 
``warrants'' and uses instead the term ``engineering study.'' The 
recommended criteria are generally consistent with the text in the 1988 
MUTCD except for the following proposed changes:
    (a) In item 3a which discusses minimum vehicle volumes at 
intersections where multiway stop signs are considered, the FHWA 
proposes to change ``500 vehicles per hour'' to ``300 vehicles per 
hour.'' This proposed change allows more consideration flexibility and 
allows more intersections to qualify for multiway stop sign 
installlations.
    (b) In item 3b, the FHWA proposes to add bicycle volumes to the 
combination volume studies of vehicles and pedestrians. Bicycle travel 
is one of the FHWA's program emphasis areas identified in our strategic 
plan. The FHWA believes that bicycle travel should be an integral part 
of traffic control considerations.
    (c) In item 4, the FHWA proposes to provide a means for combining 
data on the accident experience and volume counts when considering the 
installation of multiway stop signs.
    14. The discussion in Section 2B.7, paragraph 3, provides primary 
criteria for consideration when installing Multiway Stop signs. In 
Section 2B.7, paragraph 4, the FHWA proposes to include additional 
supporting criteria for consideration. Also in paragraph 4,

[[Page 71361]]

the FHWA proposes to add a crosss-reference to a proposed new section 
2C.31 which discusses the optional use of a new ``CROSS TRAFFIC DOES 
NOT STOP sign'' at multiway stop intersections. This proposed sign may 
be used where engineering study indicates drivers frequently mistake 2-
way and multiway stop controlled intersections.
    15. The FHWA proposes to separate the discussion on Yield signs to 
cover general design and purpose for Yield signs (Section 2B.8); 
``Yield Sign Application'' (Section 2B.9); and ``Yield Sign Placement'' 
(Section 2B.10). This proposed change also avoids the use of the 
misunderstood term ``warrants.''
    16. In Section 2B.10, paragraph 2, the FHWA proposes to change the 
following sentence from a GUIDANCE condition to a STANDARD condition: 
``The YIELD sign shall be located as close as practical to the 
intersection it regulates, while optimizing its visibility to the road 
user.'' The FHWA believes that enhancing sign visibility will help 
improve intersection safety and reduce intersection crashes. This same 
change is proposed for STOP signs in Section 2B.6, paragraph 2.
    17. In Section 2B-8 of the 1988 MUTCD, the following sentence was 
included: ``YIELD signs should not be used on the through roadway of 
expressways.'' The FHWA proposes not to include this sentence in the 
new Section 2B.10, ``Yield Sign Application.'' The reason for not 
including this sentence is to avoid potential conflict with YIELD signs 
installed at signalized intersections on expressways for the purpose of 
controlling right-turn movements.
    18. In Section 2B.11, paragraph 2, the FHWA proposes the following 
revisions to help clarify the design and application of the Truck Speed 
Sign. The ``TRUCKS 40'' sign currently shown in the 1988 MUTCD is 
intended to be the supplemental plaque message that is required for use 
below the Speed Limit Sign (R2-1). The FHWA proposes to assign the 
``TRUCKS 40'' supplemental plaque the sign code (R2-2P). The R2-2P 
supplemental plaque is not to be used independently. The FHWA also 
proposes to clarify that the legend ``TRUCKS 40'' may also be included 
within the same panel as the Speed Limit Sign (R2-1).
    In addition to the above clarification, the FHWA proposes to modify 
the 1988 MUTCD to explain that a Truck Speed Sign (R2-2) contains the 
legend ``TRUCKS 40 MPH'' or ``TRUCK SPEED 40'' and is used 
independently. The FHWA proposes to develop a design drawing for the 
R2-2 independent Truck Speed Sign and to include the design in the 
``Standard Highway Signs'' book.
    19. In Section 2B.11, paragraph 3, the FHWA proposes to designate 3 
as the maximum number of speed limits displayed on any one speed limit 
sign or assembly sign. In the 1988 MUTCD this was recommended GUIDANCE. 
The FHWA proposes to change this to STANDARD practice because 3 speed 
limits is the maximum amount of information that the road user can 
safely read and comprehend.
    20. In Section 2B.12, Paragraph 2, the FHWA proposes to add another 
option for day and night speed limits using changeable message signs 
that change for traffic and ambient conditions provided that the 
appropriate speeds are shown at the proper times. This proposed change 
will allow Intelligent Transportation Systems (ITS) technology for 
changeable message signs.
    21. In Section 2B.14, paragraph 6, the FHWA proposes to include an 
optional method for installing Reduced Speed Ahead (R2-5 series) signs 
which are intended to advise road users of the appropriate speed limit 
change ahead. The proposed optional method discussed in item 2 was 
submitted by the Minnesota Department of Transportation. The proposed 
optional method would use an assembly consisting of the Speed Limit 
Sign (R2-1) with the supplemental legend plaque ``BEGIN'' mounted above 
the R2-1 sign and the supplemental distance plaque (\1/4\ mile, etc.) 
mounted below the R2-1 sign. The recommended color for the supplemental 
plaques is yellow.
    22. In Section 2B.15, the FHWA proposes to combine the discussion 
for the Turn Prohibition and the U-Turn Prohibition signs into one 
section since they are both related.
    23. In Section 2B.15, paragraph 1, the FHWA proposes to reword this 
sentence and classify it as a STANDARD since the Turn Prohibition Signs 
(R3-1 to R3-4) are the appropriate and standard signs for use where 
turns are prohibited.
    24. In Section 2B.15, paragraph 5, the FHWA proposes to change the 
condition for installing turn prohibition signs (R3-1 to R3-4) adjacent 
to a signal face from an OPTION to GUIDANCE. In situations where 
signals are present, placing the turn prohibition sign adjacent to the 
signal face is recommended because it enhances the sign's visibility 
and improves the road user's ability to see the sign placed in this 
overhead position.
    25. In Section 2B.15, paragraph 6, in addition to recommending the 
installation of an overhead-mounted turn prohibition sign at signalized 
intersections, the FHWA proposes to include a sentence stating that 
installing a post-mounted turn prohibition sign to supplement the 
overhead sign is an OPTION.
    26. In Section 2B.16, paragraph 2, the FHWA proposes to add a new 
Intersection Lane Control Sign (R3-5a) which may be used to explain to 
road users that they must stay in the same lane and proceed straight 
through an intersection.
    27. In Section 2B.16, paragraph 3, the FHWA proposes to add a new 
requirement that whenever lane use control signs are installed, lane-
use pavement markings shall also be installed. This requirement would 
apply whether the lane-use control message was for mandatory or 
optional traffic movements. In the 1988 MUTCD the use of pavement 
markings was recommended, but not required, for mandatory movement 
situations only. This proposed change to require lane-use pavement 
markings and signs in both mandatory and optional traffic movement 
situations will benefit the road users by providing additional 
information to assist them in the decisionmaking tasks involved with 
perceiving and executing safe and appropriate traffic maneuvers. This 
proposed change is also consistent with the proposed text for 
mandatory-turn pavement markings discussed in Chapter 3B.12. Requiring 
pavement markings along with lane-use control signs means that road 
users who may not see the sign (particularly ground-mounted signs) may 
have an opportunity to see the pavement marking and react accordingly. 
This is a practice that is successfully used in Europe and it is called 
``horizontal signing.'' European traffic engineers have found that the 
redundancy provided by horizontal signing is a very important element 
of attaining and improving both traffic efficiency and safety for road 
users. The FHWA proposes a 10 year compliance period based on the 
effective date of the MUTCD final rule. This would allow States time to 
implement this proposed change.
    28. In Section 2B.16, paragraphs 6 and 7, the FHWA proposes to add 
language to distinguish between when overhead and ground mounted 
intersection lane-use control signs are used. The following language is 
proposed: ``When the number of through lanes for an approach is two or 
less, the intersection lane-use control signs (R3-5, R3-6, or R3-8) may 
be either overhead or ground mounted. When the number of approach lanes 
is three or more, these intersection

[[Page 71362]]

lane-use control signs should be mounted overhead.'' This proposed 
change considers the visibility needs of the road user based on the 
number of lanes at the intersection approach, particularly in 
situations where the road user's view may be obstructed by other 
vehicles in the adjacent lanes.
    29. The FHWA proposes to add a new Section 2B.17 that specifically 
addresses the standard application and placement location for mandatory 
movement lane-use control signs (R3-5 and R3-7). The FHWA proposes to 
clarify the placement location for these signs. In paragraph 1, the 
FHWA proposes to clarify that the word message ``LEFT LANE MUST TURN 
LEFT'' (R3-7) sign shall be for ground mounting only.
    In paragraph 3, the FHWA proposes to change the 1988 MUTCD text to 
indicate that the ``LEFT OR RIGHT TURN ONLY'' (R3-5) symbol sign can be 
either ground mounted or overhead mounted. This is also consistent with 
the proposed language in Section 2B.15, paragraph 5. In paragraph 3, 
the FHWA also proposes to add a new design standard for the R3-5 symbol 
sign. A proposed word message plaque LEFT LANE, CENTER LANE, etc. would 
be required below the R3-5 symbol sign so that the road user will know 
which lane applies to the sign.
    30. In Section 2B-18, the FHWA proposes to expand the discussion on 
the Optional Movement Lane-Use Control (R3-6) sign and include the 
discussion in a new separate section. In paragraph 1, the FHWA proposes 
to specifically state that the Optional Movement Lane-Use Control (R3-
6) sign shall be installed at the intersection location.
    In paragraph 2, the FHWA proposes to specifically state that the 
Optional Movement Lane-Use Control (R3-6) sign shall indicate all 
permissible lane movements at the intersection.
    31. In Section 2B.19, the FHWA proposes to classify the Double Turn 
Lane-Use Control (R3-8) sign as an Advance Intersection Lane-Use 
Control sign. The FHWA also proposes to provide placement guidance that 
indicates the R3-8 sign would be installed in advance of the tapers or 
at the beginning of the turn lane so that road users can determine in 
advance their appropriate vehicle placement for lane changes.
    32. The FHWA proposes to add a new Section 2B.21, ``Reversible Lane 
Control Signs.'' The use of reversible lane traffic control is a 
practice which is commonly used throughout the United States and it is 
appropriate for the MUTCD to provide design, application, and placement 
information.
    In paragraph 1, the FHWA proposes to add a discussion on the 
purpose and use of the Reversible Lane Control signs (R3-9c to R3-9i). 
A diagram of these new signs are shown in the proposed text for section 
2B.20. The FHWA also proposes to include a statement that the 
reversible lane control signs may be either static or changeable 
message signs. The FHWA supports the use of changeable message signs 
especially in situations where real time motorist information is needed 
for changing traffic conditions.
    33. In Section 2B.21, paragraph 2, although the Reversible Lane 
Control signs may be either ground or overhead mounted, the FHWA 
proposes to require that when ground mounted Reversible Lane Control 
signs are used, they shall be used as a supplement to overhead signs or 
signals. The ground mounted sign will provide the road user with 
additional information and an added opportunity to view the sign 
message and react accordingly.
    34. In Section 2B.21, paragraph 3, the FHWA proposes to require the 
use of Reversible Lane Control signs at locations where it is 
determined by a traffic engineering study that lane use control signals 
or barriers are not necessary to operate a reversible lane.
    35. There are times when jurisdictions responsible for traffic 
control may want to exercise the option of installing only pavement 
markings and reversible lane control signs rather than lane control 
signals to reverse traffic flow. In Section 2B.21, paragraph 4, the 
FHWA proposes 3 conditions that must be considered before a decision is 
made to reverse traffic flow with the use of only pavement markings and 
reversible lane control signs.
    36. In Section 2B.21, paragraph 5, the FHWA proposes to refer the 
reader to a new Table 2B.2 which describes the meanings of symbols and 
legends used on reversible lane control signs. In paragraph 5 through 
8, the FHWA proposes to provide a discussion for the appropriate design 
principles of reversible lane control signs.
    37. In Section 2B.21, paragraphs 9 through 12, the FHWA proposes to 
provide a discussion for the appropriate placement principles for 
reversible lane control signs. The new signs R3-9g, R3-9h are proposed 
for advance reversible lane control application and the R3-9i sign is 
proposed for use at the termination of the reversible lane control.
    38. In Section 2B.21, paragraph 13, the FHWA proposes to require 
that the Turn Prohibition signs be mounted overhead and separate from 
the Reversible Lane Control signs. In paragraph 14, the FHWA proposes 
to recommend that when the Turn Prohibition signs are used, a message 
stating the distance of the prohibition (example, NEXT 1 MILE) should 
be included on the sign.
    39. In Section 2B.21, paragraph 17, the FHWA proposes to recommend 
that where left turning vehicles may impact the traffic safety and 
operational efficiency of reversible lanes, consideration should be 
given to prohibiting left and U-turns for a specified time period.
    40. In Section 2B.26, the FHWA proposes to change the title from 
``Signs for Uphill Traffic Lanes'' to ``Slow Moving Traffic Lane 
Signs.'' Since slow moving traffic is not only attributed to ``uphill'' 
roadway conditions, the FHWA proposes to delete the reference to uphill 
traffic and use the term ``slow moving traffic'' instead.
    41. In Section 2B.26, paragraph 2, the FHWA proposes to recommend 
that the TRUCK LANE XX FEET sign (R4-6) should be installed in advance 
of the TRUCKS USE RIGHT LANE (R4-5) sign. In the 1988 edition of the 
MUTCD this is an optional condition which means that the sign may or 
may not be installed. The FHWA believes that changing this to a 
recommended condition will provide the road user with important 
advanced information that will aid in the driver's decisionmaking task.
    42. In Section 2B.26, paragraph 3, the FHWA proposes to add a 
sentence to explain that the SLOWER TRAFFIC KEEP RIGHT sign (R4-3) may 
be used as a supplement or alternative to the TRUCKS USE RIGHT LANE 
sign (R4-5). This is particularly useful in situations where the slower 
traffic may not be just truck traffic.
    43. In Section 2B.29, paragraph 1, the FHWA proposes to include a 
reference to direct readers to Figure 2-5a which shows the signing and 
pavement marking treatments for divided highway intersections with 
medians 9 m (30 ft.) or wider. The FHWA proposes to revise the figure 
shown in the 1988 MUTCD. The figure currently shown in the 1988 MUTCD 
shows two diagrams: one for divided highways with medians less than 9 m 
(30 ft.) and one for divided highways with medians 9 m (30 ft.) or 
wider. The proposed new figure for medians 9 m (30 ft.) or wider is 
expanded to show stop lines, wrong-way pavement markings, and pavement 
markings which show the vehicle turning path. This figure was one of 
the recommendations included in the ``Older Driver Highway Design

[[Page 71363]]

Handbook.'' 2 It is intended to reduce the potential for 
wrong-way movements for drivers turning left from the minor roadway. 
This proposed figure is shown in the proposed text for Chapter 2B for 
docket comment purposes. If adopted, it will replace the figure 
currently shown in Chapter 2A.
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    \2\ ``Older Driver Highway Design Handbook,'' Report No. FHWA-
RD-99-045, available from the FHWA Research and Technology Report 
Center, 9701 Philadelphia Court,Unit Q, Lanham, Maryland 20706.
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    44. In Section 2B.30, paragraph 6, the FHWA proposes to clarify 
that the PEDESTRIAN PROHIBITED signs (R9-3a or R5-10c) should be 
installed so as to be clearly visible to pedestrians at a location 
where an alternative route or path is available. Pedestrian safety is a 
program emphasis area for the FHWA and we believe that this proposed 
change will help reduce the potential for pedestrians to walk in unsafe 
areas.
    45. In Section 2B.31, paragraph 2, the FHWA proposes to change the 
recommendation regarding placement of the One Way signs (R6-1 and R6-2) 
to a requirement. The FHWA believes that requiring the placement of the 
One Way sign parallel to the one-way street at all alleys or roadway 
intersections to one way streets will: (1) Give motorists clearer 
directions, and (2) make traffic operations safer by reducing the 
chance of road users inadvertently making wrong-way movements.
    46. In Section 2B.32, paragraph 3, the FHWA proposes to modify the 
text to allow the option of placing the Divided Highway Crossing signs 
(R6-3 and R6-3a) beneath the STOP or YIELD signs. In the 1988 MUTCD 
this option only applied to the STOP sign.
    47. In Sections 2B.33, 2B.34, and 2B.35, the FHWA proposes to 
eliminate the distinction between urban and rural parking, stopping, 
and standing signs since the design and placement principles for both 
urban and rural conditions are substantially the same. The FHWA also 
proposes to separate the discussion on design and placement of these 
signs into individual sections (2B.34 and 2B.35).
    48. In Section 2B.34, ``Design of Parking, Stopping, and Standing 
Signs,'' the FHWA proposes to require all street parking signs to be 
illuminated or retroreflective. This proposed change is consistent with 
Section 2A.8 which discusses the general provisions and standards for 
signs.
    49. In Section 2B.35, paragraph 2, the FHWA proposes to include a 
sentence indicating that the spacing of parking signs should be based 
on legibility and sign orientation. The FHWA believes this is helpful 
placement guidance to follow when making sure that the parking signs 
are visible, particularly with regards to the surrounding traffic 
setting. This guidance would include such considerations as the roadway 
geometry and surrounding conditions--such as curves or shrubbery that 
may hinder sign visibility.
    50. In the title for section 2B.36, the FHWA proposes to change the 
title from ``Emergency Parking Signs'' to ``Emergency Restriction 
Signs.'' This proposed change will allow the section to cover not just 
the EMERGENCY PARKING ONLY (R8-4) sign but other emergency restriction 
signs such as the EMERGENCY STOPPING (R8-7) and DO NOT STOP ON TRACKS 
(R8-8) signs.
    51. In section 2B.36, paragraph 3, the FHWA proposes to allow the 
choice of using either the color red or black for the legend on 
emergency restriction signs R8-4, R8-7, and R8-8. Red is the color 
designated in section 1A of the Manual for restrictions and prohibition 
signs and black is the color designated for regulatory signs. The FHWA 
believes that either of these colors is appropriate. The background for 
these signs will remain white.
    52. The 1988 MUTCD contains a sentence that the WALK ON LEFT (R9-1) 
and NO HITCH HIKING (R9-4) signs do not need to be retroreflective. The 
FHWA proposes to change the 1988 MUTCD by requiring that all signs, 
including pedestrian signs, shall be either retroreflective or 
illuminated to increase their visibility to road users. This proposed 
new requirement applies to all pedestrian signs and includes Section 
2B.37, ``Walk on Left and No Hitch Hiking Signs,'' Section 2B.38, 
``Pedestrian Crossing Signs,'' and Section 2B.39, ``Traffic Signal 
Signs, Auxiliary.''
    53. In Section 2B.39, paragraphs 7 and 10, the FHWA proposes to add 
2 new symbol signs for NO RIGHT TURN ON RED (R10-11c) and NO LEFT TURN 
ON RED (R10-11d). These new symbol signs would combine the standard NO 
RIGHT TURN (R3-1) and NO LEFT TURN (R3-2) symbols with the legend ``ON 
RED.''
    54. In Section 2B.39, paragraph 12, the FHWA proposes to add 2 new 
signs for use with emergency beacon installations. These 2 proposed 
word message signs are: EMERGENCY SIGNAL (R10-13) and EMERGENCY SIGNAL/
STOP WHEN FLASHING RED (R10-14).
    55. The FHWA proposes to add a new section 2B.48 that will include 
provisions for the design and operation of high occupancy vehicle (HOV) 
lanes and a new section 2B.49 that will address the application and 
placement for HOV signs. Significant deployment has occurred with HOV 
lanes used on roadway facilities throughout the United States and the 
FHWA believes it is appropriate to address design, application and 
placement of signs and pavement markings for these special facilities. 
The language proposed for section 2B.48 would provide agencies that own 
and operate HOV lanes with an overall discussion on HOV signing 
principles. In addition to this proposed new section, the FHWA proposes 
the following MUTCD changes related to HOV lanes:
    (a) The FHWA proposes to revise the R3-10 through R3-15 
preferential lane signs (see proposed section 2B.22). These signs would 
be specifically designated for high occupancy vehicle (HOV) lanes which 
by definition include carpools, vanpools, and buses carrying at least 
two or more persons. The word message ``restricted lane'' shown on the 
R3-10, R3-12, R3-13, and R3-15 would be revised to identify the type of 
preferential vehicle traffic allowed in the lane (example: HOV lane, 
bus lane, or taxi lane.) When the preferential lane is for high 
occupancy vehicles, the word message ``HOV'' would be required along 
with the minimum allowable vehicle occupancy level (example: HOV 2+). 
The minimum allowable vehicle occupancy level would vary based on the 
level established for a particular facility by the State or local 
highway agency.
    The diamond symbol is proposed for exclusive HOV use lanes. In 
situations where a preferential lane is not an HOV lane but is reserved 
for bus and/or taxi use, then the word message ``BUS (or TAXI)'' would 
replace the message on the R3-10 through R3-15 signs. The sign number 
for these proposed new signs would be R3-10a, R3-11a, etc. NOTE: In the 
proposed changes for MUTCD Part 9--Bicycles, the FHWA has proposed to 
delete the diamond symbol from the R3-16 and R3-17 ``Bicycle Lane'' 
signs since the diamond symbol has become synonymous with high 
occupancy vehicle lanes. The FHWA also proposes to add a new HOV 
supplemental plaque (R3-5c) to the text in proposed section 2B.17, 
``Mandatory Movement Lane Control Signs.'' This plaque would be used 
with the R3-5 ground mounted sign on HOV facilities to indicate the 
appropriate mandatory lane movement.
    (b) The FHWA proposes to add the following definitions in Part 1:
    High Occupancy Vehicle (HOV)--a motor vehicle carrying at least two 
or more persons, including carpools, vanpools, and buses. The agencies 
that

[[Page 71364]]

own and operate HOV lanes have the authority and responsibility to 
determine the occupancy requirements for vehicles operating in HOV 
lanes, except that no fewer than 2 occupants per vehicle may be 
required.
    HOV lane--any preferential lane designated for exclusive use by 
HOVs for all or part of a day--including a designated lane on a 
freeway, other highway, street, or independent roadway on a separate 
right-of-way.
    Occupancy requirement--any restriction that regulates the use of a 
facility for any period of the day based on a specified number of 
persons in a vehicle.
    Occupants--the number of people in a car, truck, bus, or other 
vehicle.
    Concurrent flow HOV lane--an HOV lane that is operated in the same 
direction as the adjacent mixed flow lanes, separated from the adjacent 
general purpose freeway lanes by a standard lane stripe, painted 
buffer, or barrier.
    Contraflow lane--a lane operating in a direction opposite to the 
normal flow of traffic designated for peak direction of travel during 
at least a portion of the day. Contraflow lanes are usually separated 
from the off-peak direction lanes by plastic pylons, moveable or 
permanent barrier.
    (c) The FHWA proposes to also include provisions for HOV signs and 
markings to MUTCD Chapter 2E--Guide Signs--Freeways and Expressways and 
MUTCD Part 3--Markings.

Discussion of Proposed New Part 5--Traffic Control Devices for Low 
Volume Rural Roads

    1. The FHWA proposes adding a new Part 5, ``Traffic Control Devices 
For Low Volume Rural Roads.'' The current Part 5 (Islands) is proposed 
to be incorporated into Part 3 as discussed in the notice of proposed 
amendment dated January 6, 1997, at 62 FR 691. The intent is to have a 
part of the MUTCD dedicated to those low volume facilities that 
constitute a high percentage of the total road miles in the United 
States. The goal of Part 5 is to provide standards and guidance for 
traffic control devices that are unique to or most applicable to low 
volume roadways. Part 5 is currently designed to reference other 
applicable sections of the MUTCD relative to standards and guidance for 
traffic control devices that are appropriate for low volume roads but 
are also applicable to higher class facilities. An alternative format 
could be to eliminate a separate Part 5 and place the small amount of 
information that is applicable only to low volume rural roads in other 
appropriate sections of the MUTCD.
    2. In Section 5A.1, the FHWA proposes to define low volume roads as 
those facilities that lie outside the corporate limits of communities 
and have a traffic volume of less than 200 AADT (average annual daily 
traffic).
    3. In Section 5A.1, the FHWA proposes to provide three categories 
of low volume rural roads for use throughout Part 5:

Category 1--Unimproved roadways
Category 2--Graded drained earth or gravel roadways
Category 3--Paved roadways

    4. The FHWA is proposing to add to Part 5 typical figures for those 
signs that may have metric message. These include SPEED LIMIT sign (R2-
1), NIGHT Speed sign (R2-3), LOCAL TRAFFIC ONLY (R11-3), WEIGHT LIMIT 
sign (R12-1), Advisory Speed Plaque (W13-1), NEXT XX M (FT) sign (W7-
3a), ROAD WORK XX M (FT) sign (W20-1), and Supplemental Plate (W16-1).
    5. In Section 5.A.2, the FHWA proposes options for the deployment 
of traffic control devices on low volume rural roads that vary from 
what is, typically, appropriate for higher class facilities.
    6. In Section 5A.4, paragraph 2, the FHWA proposes, for low volume 
roads, an option to allow a 0.6 m (2 ft) offset from the edge of a 
shoulder, or roadway without shoulders, to the near edge of a sign. 
This varies from the recommended offset of 1.8 m (6 ft) from the edge 
of the shoulder or 3.6 m (12 ft) from the edge of the traveled way, 
where no shoulder exists, as published in Section 2A.24 of the 1988 
MUTCD; or 1.8 m (6 ft) from the shoulder or traveled way as proposed in 
Section 2A.19 published in the notice of proposed amendment dated June 
11, 1998, at 63 FR 31950. The proposed option would be allowed on low 
volume roads if roadside features such as terrain, shrubbery, and/or 
trees prevent lateral placement in accordance with Section 2A.19.
    7. In Section 5B.2, the FHWA proposes adding supplemental criteria 
for use with the warrant criteria in Sections 2B.4 through 2B.8 of the 
1988 MUTCD to guide the installation of Stop and Yield signs on low 
volume rural roads.
    8. In Section 5C.11, the FHWA proposes adding a new NO TRAFFIC 
SIGNS warning sign for optional use on Category 1 roads (unimproved 
roadways with less than 200 AADT) as proposed by the National Committee 
on Uniform Traffic Control Devices. The FHWA is aware that some low 
volume rural roads have no signs and that NO TRAFFIC SIGNS warning 
signs could alert road users for safety purposes.
    9. In Section 5E.2, the FHWA proposes adding additional criteria 
for considering centerline installation on Category 3 roads (paved 
roads with less than 200 AADT) that supplement the criteria proposed in 
Chapter 3B published in the notice of proposed amendment dated January 
6, 1997.

Discussion of Proposed Amendments to Part 8--Traffic Control for 
Highway-Rail Grade Crossings (Update)

    The summary of proposed changes for Part 8 was published as Phase 1 
of the MUTCD rewrite effort in a previous notice of proposed amendment 
dated January 6, 1997, at 62 FR 691. Since that time, a number of 
tragic highway-rail grade crossing crashes have occurred. Following the 
Fox River Grove, Illinois school bus crash, the United States 
Department of Transportation (USDOT) decided to build upon its 1994 
Highway-Rail Crossing Safety Action Plan by forming an internal USDOT 
Task Force to review the decisionmaking process for designing, 
constructing, and operating rail crossings and provide recommendations. 
The following proposed changes are based on the Highway-Rail Crossing 
Safety Action Plan, the USDOT Task Force Implementation Report dated 
June 1, 1997, and the National Transportation Safety Board 
recommendations. These proposed changes are intended as updates to the 
previously published notice of proposed amendment (NPA) dated January 
6, 1997:
    1. Based on the notice of proposed amendments published December 5, 
1997 at 62 FR 64324, the title of Part 8 would be changed from 
``Traffic Control for Roadway-Rail Intersections'' to ``Traffic Control 
for Highway-Rail Grade Crossings.'' This new terminology is 
incorporated in the language in this notice of proposed amendments.
    2. The FHWA proposes to update Section 8A.1, paragraph 5, to 
include 16 terms specific to highway-rail grade crossing traffic 
control devices. The definitions for these following terms are included 
in the proposed text: (1) Minimum Track Clearance Distance; (2) Clear 
Storage Distance; (3) Preemption; (4) Interconnection; (5) Monitored 
Interconnected Operation; (6) Minimum Warning Time--Through Train 
Movements; (7) Right-of-Way Transfer Time; (8) Queue Clearance Time; 
(9) Separation Time; (10) Maximum Preemption Time; (11) Advance 
Preemption and Advance Preemption

[[Page 71365]]

Time; (12) Simultaneous Preemption; (13) Pre-Signal; (14) Cantilevered 
Signal Structure; (15) Design Vehicle; and (16) Dynamic Envelope.
    3. The FHWA proposes to update Section 8A.2, paragraph 6 to clarify 
the fact that all highway-rail grade crossings shall comply with the 
MUTCD as stated in 23 CFR 655.603(b). The FHWA also proposes to also 
add a new discussion in paragraphs 2 and 3 to allow the option of using 
the national highway-rail intersection (HRI) architecture as a method 
for conducting an engineering study to determine the method for linking 
the highway, vehicles, and traffic management systems with rail 
operations and wayside equipment. 3
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    \3\ Available from Federal Railroad Administration, 4007th 
Street, SW., Washington, DC 20590.
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    4. The FHWA proposes to update Section 8A.4, paragraph 5, by 
changing the following sentence from a recommendation (GUIDANCE) to a 
mandatory (STANDARD) condition: ``If the existing traffic control 
devices at a multiple-track crossing become improperly placed or 
inaccurate because of the removal of the tracks, the existing devices 
shall be relocated and/or modified.''
    5. The FHWA proposes to update the last paragraph of Section 8A.5 
by changing the following sentence from a recommendation (GUIDANCE) to 
a mandatory (STANDARD) condition: ``If a highway-rail grade crossing 
exists either within or in the vicinity or roadway work activities, 
then lane restrictions, flagging, or other operations shall not be 
performed in a manner that would cause vehicles to stop on the railroad 
tracks with no means to escape.''
    6. The FHWA proposes to add a new Section 8A.6 to describe the 
dynamic envelope clearance concept and provide standards and guidance 
for delineating this clearance required for the train and its cargo 
overhang.
    7. The FHWA proposes to add a new Section 8A.7 to discuss the 
application of Storage Space Signs (W10-11 and 11a) which are intended 
to warn road users of locations where vehicle storage space is limited 
between the railroad tracks and the adjacent highway intersection.
    8. The FHWA proposes to add a new Section 8A.8 to define private 
highway-rail grade crossings and to discuss issues related to these 
private crossings.
    9. The FHWA proposes to update Section 8B.2, paragraph 3. If 
crossbuck signs are installed back-to-back, any retroreflective 
material used on the back of one crossbuck blade would be blocked by 
the second mounted crossbuck sign. Therefore, the FHWA proposes to 
modify the language in this section accordingly.
    10. The FHWA proposes to update Section 8B.2, paragraph 4, to 
require retroreflective material to be used on supports at all highway-
rail grade crossings, not just passive highway-rail grade crossings. 
This proposed change would improve visibility of the grade crossing 
supports.
    11. The FHWA proposes to update Section 8B.3 by adding a new 
paragraph 6 under GUIDANCE to read, ``Where the distance between the 
railroad and the parallel highway from edge of track to edge of highway 
is less than 30 m (100 feet), it is not necessary to install a W10-1 
sign if the W10-2, W10-3, or W10-4 signs are used on the parallel 
highway.'' The purpose of this proposed change is to reduce the sign 
clutter on highways where there is less than 30 m (100 feet) between 
the highway-rail grade crossing and a highway intersection.
    12. The FHWA proposes to update Section 8B.7, paragraph 1, by 
adding a new phrase to the end of this paragraph that would read, ``* * 
* in accordance with Chapter 2C.'' The FHWA believes that this addition 
would help ensure that STOP AHEAD (W3-1a) or YIELD AHEAD (W3-2a) 
advance warning signs are used.
    13. The FHWA proposes to add a new Section 8B.9 to discuss the 
application and placement of highway-rail crossing identification signs 
and 1-800 numbers to provide a means for emergency notification. The 
former Section 8B.9 published in the January 6, 1997, notice would 
become Section 8B.14, ``Pavement Markings.''
    14. The FHWA proposes to add a new Section 8B.10 to provide a sign 
for use on class 5 or higher railroad tracks where trains may exceed 
130 km (80 mph). The former Section 8B.10 published in the January 6, 
1997, notice would become Section 8B.15, ``Stop Lines.''
    15. The FHWA proposes to add a new Section 8B.11 to provide a sign 
for use at highway-rail grade crossings which have the Federal Railroad 
Administration's authorization for trains not to sound horns. The 
former Section 8B.11 published in the January 6, 1997, notice would 
become Section 8B.16, ``Low Ground Clearance Crossings.''
    16. The FHWA proposes to add a new Section 8B.12 to provide a sign 
to warn road users that a particular highway-rail grade crossing is not 
equipped with automated signals.
    17. The FHWA proposes to add a new Section 8B.13 to provide a sign 
for use at highway-rail grade crossings without active warning devices. 
This regulatory sign would direct road users to look for approaching 
trains.
    18. The FHWA proposes to update Section 8C.1, paragraph 2 to 
indicate that luminares shall be located so that they do not impose 
unnecessary glare on approaching road users.
    19. The FHWA proposes to update Section 8D.2 to move paragraph 10 
from a recommendation (GUIDANCE) to a mandatory (STANDARD) condition. 
The paragraph will read: ``Flashing-light signals shall be placed to 
the right of approaching highway traffic on all highway approaches to a 
crossing. They shall be located laterally with respect to the highway 
in conformance with Figure 8-5. This shall not apply where such 
location would adversely affect signal visibility.'' The FHWA proposes 
this change because we believe flashing-light signals shall always be 
placed on the right side of the road where people expect to receive 
roadway information.
    20. The FHWA proposes to revise Section 8D.2 to delete the last 
sentence of paragraph 6. The reason for this proposed change is to 
avoid limiting the type of technology used to charge the batteries for 
highway-rail grade crossing warning systems.
    21. In Section 8D.4, the FHWA proposes to include a discussion to 
require that the approach lane gate arms be designed to fail safe in 
the down position. This is consistent with the discussion already 
covered in Section 8D.5 for exit lane gate arms.
    22. The FHWA proposes to add a new Section 8D.5 to provide 
standards and guidance for Four Quadrant Gate Systems. Four Quadrant 
Gate Systems consists of a series of automatic gates used as an adjunct 
to flashing lights to control traffic on all lanes at the highway-rail 
grade crossing.
    23. The FHWA proposes to update Section 8D. 6 of the previously 
published January 6, 1997, notice (see section 8D.7 in this proposed 
update for Part 8.) The FHWA proposes to change paragraph 2 to indicate 
that traffic control signals shall not be used on roadways at highway-
rail grade crossings in lieu of gates and/or flashing lights where 
train speeds are greater than 32 km/h (20 mph). The FHWA also proposes 
to add the following 2 new paragraphs: (1) At the end of the GUIDANCE 
for this section the FHWA proposes to recommend that a NO TURN ON RED 
sign should be used where a pre-signal is installed at an 
interconnected highway-rail grade crossing near a signalized 
intersection with a storage problem; and (2) The FHWA proposes a new 
OPTION which would allow the highway traffic signals

[[Page 71366]]

to be mounted on the same cantilevered device as the railroad flashing 
lights in situations where the highway-rail grade crossing and the 
highway intersection are in close proximity and when determined 
feasible by an engineering study.

Rulemaking Analysis 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 safety, 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 (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 improve traffic operations and safety, expand guidance, and clarify 
application of traffic control devices. 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 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999, and 
it has been determined that this action does not have a substantial 
direct effect or sufficient federalism implications on States that 
would limit the policymaking discretion of the States. Nothing in this 
document directly preempts any State law or regulation. 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.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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

    Issued on: December 13, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-32907 Filed 12-20-99; 8:45 am]
BILLING CODE 4910-22-P