[Federal Register Volume 66, Number 144 (Thursday, July 26, 2001)]
[Rules and Regulations]
[Pages 38907-38911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18247]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
RIN 2125-AE87
National Standards for Traffic Control Devices; Manual on Uniform
Traffic Control Devices for Streets and Highways; Corrections
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Corrections to the final amendments to the Manual on Uniform
Traffic Control Devices.
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SUMMARY: This document incorporates by reference into the Code of
Federal Regulations errata corrections to the Manual on Uniform Traffic
Control Devices (MUTCD). The MUTCD is incorporated by reference in the
regulations on traffic control devices on Federal-aid and other streets
and highways and recognized as the national standard for traffic
control on all public roads. These editorial corrections affect the
MUTCD in its entirety. These editorial corrections are issued to help
improve the readability of the MUTCD, to provide clarification and
consistency, and to correct the grammatical, mathematical, and
typographical errors. Since the MUTCD is used by all State and local
departments of transportation when installing traffic signs, traffic
signals, and pavement markings on all roads open to public travel, it
is very important that a correct document is available to them.
DATES: The final rule is effective on July 26, 2001. Incorporation by
reference of the publication listed in this regulation is approved by
the Director of the Office of the Federal Register as of July 26, 2001.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of
Transportation Operations, Room 3408, (202) 366-9064, or Mr. Raymond
Cuprill, Office of the Chief Counsel, Room 4230, (202) 366-0791, U.S.
Department of Transportation, Federal Highway Administration, 400
Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this action 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/
[[Page 38908]]
fedreg and the Government Printing Office's database at: http://www.access.gpo.gov/nara.
Background
A number of editorial corrections have been identified since the
2000 Millennium Edition of the MUTCD was incorporated by reference on
December 18, 2000, at 65 FR 78923. The general scope of these editorial
corrections is being provided to the public in this preamble. All of
the editorial corrections have been included in the MUTCD text and the
corrected MUTCD text is available on the MUTCD Internet site (http://mutcd.fhwa.dot.gov). Furthermore, a listing of every errata item is
available on this Internet site.
The FHWA believes good cause exists to publish this rule without
prior notice and opportunity for public comment. In addition, the FHWA
believes good cause exists for making this rule effective immediately
and that seeking public comment is unnecessary. The entire MUTCD text
has been through a public comment process and those comments are
reflected in the current text of the MUTCD. The FHWA believes that it
is important to make these errata changes available as soon as possible
as motorists, pedestrians, and bicyclists depend on correct traffic
control devices for safe travel on our Nation's highways.
Additionally, State and local departments of transportation use the
MUTCD daily as they determine when and where to install traffic signs,
traffic signals, and pavement markings. Since the MUTCD is used by all
State and local departments of transportation when installing traffic
signs, traffic signals, and pavement markings on all roads open to
public travel, it is critical to the government agencies, other users
of the MUTCD, and the traveling public that a correct document is
available to ensure the safe and efficient operation on our highways.
Furthermore, all of these changes are minor and are not substantive in
nature. Therefore, the FHWA believes that good cause exists to make
this rule effective immediately upon publication.
Discussion
The FHWA discovered several errors in the MUTCD after the final
rule document was published on December 18, 2000. The FHWA received
many comments about these errors after publication of the final rule
and after commenters viewed the MUTCD. These errors were not
substantive in nature, and the FHWA has been able to correct most of
them by way of ``pen and ink'' changes to provide text clarification
and consistency, and to correct the grammatical, mathematical, and
typographical errors. Examples of the errors that were corrected
include misspelling of words, the removal of the comma between the
month and year of a date, capitalizing the word ``Nation'' when it
refers to the United States, the punctuation of items in lists, placing
the sign number after the sign name, and before the word sign, and
correcting the names of reference documents.
Additionally, in the final rule published on December 18, 2000, the
FHWA indicated 288 technical changes relating to the MUTCD based on
eight notices of proposed amendments and public comment. Fifteen of the
technical changes indicated in the Federal Register were not correctly
made in the MUTCD text. The following are those technical changes.
1. In Section 1A.05 Maintenance of Traffic Control Devices, under
GUIDANCE, the first two paragraphs concerning the maintenance of
traffic control devices were inadvertently left out of the MUTCD text
in the final rule published on December 18, 2000, at 65 FR 78923. These
two paragraphs go before the existing paragraphs. It is very important
to give guidance to all jurisdictions on maintaining traffic control
devices so that road users may safely use the Nation's highways.
Paragraph 1 should read, ``Functional maintenance of traffic control
devices should be used to determine if certain devices need to be
changed to meet current traffic conditions.'' Paragraph 2 should read,
``Physical maintenance of traffic control devices should be performed
to ensure that legibility is retained, that the device is visible, and
that it functions properly in relation to other traffic control devices
in the vicinity.'' These two paragraphs were in the notice of proposed
amendment published on December 30, 1999, at 64 FR 73612, 73619.
2. In Item 12 of the final rule, published on December 18, 2000, at
65 FR 78923, in Section 1A.14 Abbreviations Used on Traffic Control
Devices, the FHWA indicated that the statement ``When abbreviations are
needed for traffic control devices, the abbreviations shown in Table
1A-1 shall be used'' shall be a STANDARD. Inadvertently, the statement
was published as an OPTION in the text of the MUTCD even though it was
a STANDARD in the notice of proposed amendment published on December
30, 1999, at 64 FR 73612. The text should read ``STANDARD: When
abbreviations are needed for traffic control devices, the abbreviations
shown in Table 1A-1 shall be used.''
3. In Section 2A.15 Sign Borders, in the notice of proposed
amendment, published on June 11, 1998, at 63 FR 31950, some of the
GUIDANCE text was inadvertently omitted from the MUTCD text published
on December 18, 2000, at 65 FR 78923. The FHWA did not intend to delete
this text and did not discuss deleting it in any of the Federal
Register notices. The last sentence of the GUIDANCE should read,
``Where practicable, the corners of the sign should be rounded to fit
the border, except for STOP signs.''
Additionally, the STANDARD text of Section 2A.15 of the notice of
proposed amendment, published on June 11, 1998, at 63 FR 31950 was
inadvertently modified in the MUTCD text published on in the December
18, 2000, at 65 FR 78923. The FHWA did not intend to modify this
STANDARD text and did not discuss modifying it in any of the Federal
Register notices. The second sentence of the STANDARD should read,
``The corners of the sign shall be rounded, except for STOP signs.''
4. In Item 31 of the final rule published on December 18, 2000, at
65 FR 78923, in Section 2B.13 Night Speed Limit Sign, the OPTION
sentence that reads, ``A changeable message sign that changes for
traffic and ambient conditions may be installed provided that the
appropriate speed limit is shown at the proper times'' was identified
for deletion from Section 2B.13 Night Speed Limit Sign. Inadvertently,
this language was not deleted from Section 2B.13 of the final MUTCD
text. Therefore, this sentence has been deleted from the OPTION
statement of Section 2B.13. In the incorrect text, this sentence was
the second item of a two-item list. In deleting this sentence,
resulting in only one item remaining in the list, the lead in phrase is
superfluous and has been deleted. The statement, ``A changeable message
sign that changes for traffic and ambient conditions may be installed
provided that the appropriate speed limit is shown at the proper
times'' correctly appears in the MUTCD text in Section 2B.11 Speed
Limit Sign.
5. In Section 2C.21 BUMP and DIP Signs (W8-1 and W8-2) of the final
rule, published on December 18, 2000, at 65 FR 78923, in the MUTCD text
in the second GUIDANCE statement, the phrase, ``when centerline
striping is provided on a two-lane road'' was inadvertently added to
the MUTCD text. This phrase should be deleted from the text as the
language was never proposed and was inadvertently included in the MUTCD
text.
6. In Section 2C.23 Pavement Ends Sign (W8-3), in the notice of
proposed
[[Page 38909]]
amendment published on June 24, 1999, at 63 FR 33806, the FHWA proposed
replacing the Pavement Ends symbol sign with a PAVEMENT ENDS word sign.
Inadvertently, the final rule published on December 18, 2000, at 65 FR
78923 did not contain this change. The FHWA did not intend to omit this
in the final rule. However, the MUTCD text was changed appropriately.
As stated in the notice of proposed amendment published on June 24,
1999, at 64 FR 33806, the word message replaces the symbol sign and a
10-year compliance period is provided so that State and local agencies
can replace their existing symbol signs with word message signs. Like
the December 18, 2000, MUTCD, this change went into effect on January
17, 2001, for all new installations.
7. In Section 2C.30, Lane Ends Sign (W9-1 and W9-2), in the notice
of proposed amendment published on June 24, 1999, at 64 FR 33806, the
FHWA proposed changing the name of the Lane Reduction Transition Signs
to Lane Ends signs. The change was made in the title of Section 2C.30
in the final rule published on December 18, 2000, at 65 FR 78923;
however, the FHWA inadvertently left out the name change when referring
to the W4-2 sign in the first sentence of the first OPTION paragraph in
this section. This sentence now reads, ``The RIGHT (LEFT) LANE ENDS
(W9-1) sign may be used in advance of the LANE ENDS (W4-2) sign or the
LANE ENDS MERGE LEFT (RIGHT) (W9-2) sign as additional warning or to
emphasize that the traffic lane is ending and that a merging maneuver
will be required.''
8. In Section 2E.28, Interchange Exit Numbering, paragraph 2
(incorrectly labeled as Section 2E.29 in the final rule published on
December 18, 2000, at 65 FR 78923) the FHWA inadvertently included
conflicting language as to vertical dimension of the exit number sign
panel. In Item 83 of the final rule, the FHWA indicated correctly that
it decided to adopt the proposed amendment to Section 2E.28, paragraph
2. The amendment proposed to increase the vertical dimension of the
exit number sign panel from 600 mm (24 inches) to 750 mm (30 inches).
In direct conflict to this statement, the FHWA indicated in Item 124 of
the final rule that the vertical dimension of the exit number panel
would not be increased from 600 mm (24 inches) to 750 mm (30 inches).
Unfortunately, Item 124 was incorrectly included in the preamble
language to the final rule as the FHWA's intent is to adopt the change
because it improves the visibility of critical sign information for
directing the road users to their destinations. The FHWA's intent to
adopt this change is evidenced by the fact that the final MUTCD text
reflects this decision and contained the proposed amended measurements
of 750 mm (30 inches), not the previous standard of 600 mm (24 inches).
The MUTCD text correctly reads 750 mm (30 inches) as the vertical
dimension of the exit number sign panel.
9. In Section 2E.32, Other Supplemental Guide Signs, paragraph 2,
the FHWA proposed changing a STANDARD statement, ``No more than one
Supplemental Guide sign shall be used on each interchange approach,''
to a GUIDANCE statement in both the notice of proposed amendment,
published on June 11, 1998, at 63 FR 31950, and in the final rule
published on December 18, 2000, at 65 FR 78923. Inadvertently, the FHWA
did not include this change from a STANDARD to a GUIDANCE in the final
MUTCD text. The corrected sentence is a GUIDANCE statement reading ``No
more than one Supplemental Guide sign should be used on each
interchange approach.'' Also, the word ``shall'' has been changed to
``should'' to reflect that this is a GUIDANCE.
10. In Part 6 Temporary Traffic Control, in the final rule
published on December 18, 2000, at 65 FR 78923, the FHWA indicated that
in six sections of Part 6 it was changing a ``SUPPORT statement to a
STANDARD statement, as the statement is a definition, and definitions
are by their very nature STANDARDS.'' Inadvertently, this was not done
in the following:
a. The first SUPPORT paragraph of Section 6C.07;
b. The first SUPPORT paragraph of Section 6E.01;
c. The first paragraph of the first SUPPORT paragraph of Section
6F.52;
d. The first SUPPORT paragraph of Section 6F.53;
e. The first paragraph of the first SUPPORT paragraph of Section
6F.55; and
f. The first paragraph of the third SUPPORT paragraph of Section
6F.76.
These SUPPORT statements are all changed to accurately reflect that
they are STANDARDS.
11. In Section 6F.76 Crash Cushions, in the final rule published on
December 18, 2000, at 65 FR 78923, the FHWA indicated that it was
changing the seventh paragraph from a STANDARD statement to a GUIDANCE
statement to provide more flexibility in the spacing of the shadow
vehicle behind the workers and their work vehicles to allow for
sufficient space to accomplish the required maintenance. Inadvertently,
this change was not reflected in the final MUTCD text. This STANDARD
statement is changed to accurately reflect that it is GUIDANCE.
12. In Section 6G.05 Work Outside of Shoulder, in the final rule
published on December 18, 2000, at 65 FR 78923, the FHWA indicated that
the second GUIDANCE statement would be changed to an OPTION statement.
Inadvertently, this was not done in the MUTCD text. This GUIDANCE
statement is changed to accurately reflect that it is an OPTION in the
MUTCD text. Also, the word ``should'' has been changed to ``may'' to
reflect that this is an OPTION.
13. In Section 9B.04 Bicycle Lane Signs (R3-16, R3-17), in the
final rule published on December 18, 2000, at 65 FR 78923, the FHWA
inadvertently included conflicting language as to the proper phase-in
period for compliance with the section. In Item 245 of the final rule,
the FHWA indicated that it is providing a phase-in compliance period of
5 years after the effective date of the final rule. This 5-year phase-
in period is to minimize any impact on the State and local highway
agencies. However, in Item 247 of the final rule, in the discussion of
FHWA's intent to delete the preferential lane symbol (diamond) for
bicycle signs and pavement markings, we inadvertently indicated that
the phase-in period for compliance with this requirement was 6 years.
This was in error. The correct phase-in period is 5 years as stated in
Item 245 of the final rule.
14. In Item 253 of the final rule, published on December 18, 2000,
at 65 FR 78923, in the language used to describe the change to Section
9B.15 Bicycle Crossing Warning Sign (W11-1), the FHWA used the word
``requiring'' when describing the use of a bicycle crossing warning
sign. Specifically, the final rule stated that, ``In an advance
crossing situation, the FHWA is requiring using a crossing sign
supplemented with an `AHEAD' or `XX FEET' plaque.'' The use of the word
``requiring'' was in error as this condition is an OPTION not a
STANDARD as the language implies. The FHWA's intent was to have this
language read as an option as evidenced by the fact that the MUTCD text
correctly states the following: ``OPTION: A supplemental plaque with
the legend AHEAD or XXX METERS (XXX FEET) may be used with the Bicycle
Crossing Warning sign.'' The use of the words ``option'' and ``may''
within the statement clearly indicate that this is not a standard, but
rather an option as is the FHWA's intent.
15. In Item 257 of the final rule, published on December 18, 2000,
at 65
[[Page 38910]]
FR 78923, in Part 9 Traffic Controls for Bicycle Facilities, the FHWA
indicated that the title of Figure 9B-2 had been revised by replacing
the word ``typical'' with ``example of'' and now reads, ``Example of
Signing for the Beginning and End of a Bicycle Route.'' The change was
made because the Figure 9B-2 may not be considered a ``typical''
drawing. Inadvertently, this was not made to the MUTCD text. The change
is now added to the Figure 9B-2 of the MUTCD text.
Rulemaking Analysis and Notices
The FHWA's issuance of this rule without prior notice and
opportunity for public comment, effective immediately upon publication
today in the Federal Register, is based on the good cause exceptions in
5 U.S.C. 553(b)(3)(B) and 553(d)(3). Seeking public comment is
impracticable and unnecessary.
The FHWA believes that further opportunity for public comment on
these minor non-substantive changes is unnecessary because these errata
changes are only minor changes and are not substantive in nature. These
changes are to correct the grammatical, mathematical, and typographical
errors. Additionally, the MUTCD was published on December 18, 2000, at
FR 78923 after several extensive comment periods for the public to
comment on each of the ten parts of the MUTCD [62 FR 54598, 62 FR
64324, 63 FR 31950, 64 FR 33802, 64 FR 33806, 64 FR 71358, 64 FR 73606,
and 64 FR 73612]. Therefore, because of the minor nature of these
errata changes and the previous extensive public comment period
provided for each of the MUTCD sections, the FHWA believes that
providing prior notice to the public is unnecessary.
For the same reasons stated above, the FHWA has determined that it
has good cause to make this document effective immediately upon
publication today in the Federal Register. Additionally, because the
MUTCD is used by all State and local departments of transportation when
installing traffic signs, traffic signals, and pavement markings on all
roads open to public travel, it is very important that a correct MUTCD
document is available to them immediately.
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 the U.S. Department of Transportation
regulatory policies and procedures. The FHWA has determined that the
economic impact of this rulemaking will be minimal. These errata
changes are minor and not substantive in nature and they do not change
the meaning in the final rule. The standards and guidance, which these
errata affect, provide additional guidance, clarification and optional
applications for traffic control devices and were effective on January
17, 2001. The FHWA believes that the uniform application of traffic
control devices will greatly improve the traffic operations efficiency
and roadway safety. The standards and guidance are also used to create
uniformity and to 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 action on small
entities. This action corrects the grammatical, mathematical, and
typographical errors of the standards and guidance on the design and
installation of traffic control devices contained in the MUTCD. It
further corrects other text that was inadvertently not changed in the
MUTCD text but was changed according to the final rule published on
December 18, 2000, at 65 FR 78923. The FHWA hereby certifies that these
revisions would not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This action of correcting the grammatical, mathematical, and
typographical errors would not impose unfunded mandates as defined by
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4, March 22,
1995, 109 Stat. 48). This action will not result 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. 1531
et seq.).
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
the FHWA has determined that this action would not have sufficient
federalism implications to warrant the preparation of a federalism
assessment. This action merely corrects the grammatical, mathematical,
and typographical errors of the standards and guidance on the design
and installation of traffic control devices contained in the MUTCD. The
FHWA has also determined that this action would not preempt any State
law or regulation or affect the State's ability to discharge
traditional State government functions.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that it would not have substantial
direct effects on one or more Indian tribes; will not impose
substantial direct compliance costs on Indian tribal governments; and
will not preempt tribal law. This action merely corrects the
grammatical, mathematical, and typographical errors of the standards
and guidance on the design and installation of traffic control devices
contained in the MUTCD. Therefore, a tribal summary impact statement is
not required.
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
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FHWA has
determined that this action does not contain a collection of
information requirement for purposes of the PRA.
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,
to eliminate ambiguity, and to reduce burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This is not an economically significant action and does not
concern an environmental risk to health or safety that may
disproportionately affect children.
[[Page 38911]]
Executive Order 12630 (Taking of Private Property)
This action would 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 it 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.
Issued on: July 12, 2001.
Christine M. Johnson,
Program Manager, Operations.
The FHWA hereby amends part 655 of chapter I of title 23, Code of
Federal Regulations 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, 109(d), 114(a), 217, 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
2. In Sec. 655.601, paragraph (a) is revised to read as follows:
Sec. 655.601 Purpose.
* * * * *
(a) Manual on Uniform Traffic Control Devices (MUTCD), 2000
Millennium Edition, FHWA, dated December 18, 2000, including Errata No.
1 to MUTCD 2000 Millennium Edition dated June 14, 2001. This
publication is incorporated by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 and is on file at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
These documents are available for inspection and copying at the Federal
Highway Administration, Room 3408, 400 Seventh Street, SW., Washington,
DC 20590, as provided in 49 CFR part 7. The text is also available from
the Federal Highway Administration's website at: http://mutcd.fhwa.dot.gov.
* * * * *
[FR Doc. 01-18247 Filed 7-25-01; 8:45 am]
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