[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Rules and Regulations]
[Pages 7073-7076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3619]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. FHWA-2001-8846]
RIN 2125-AE83
Revision of the Manual on Uniform Traffic Control Devices;
Accessible Pedestrian Signals
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: This document contains Revision No. 1 to the 2000 Millennium
Edition of the Manual on Uniform Traffic Control Devices (MUTCD) as
adopted by the FHWA. The 2000 Millennium Edition of the MUTCD is
incorporated by reference in 23 CFR Part 655, subpart F, and recognized
as the national standard for traffic control devices used on all public
roads. The purpose of this revision is to revise the guidance and
supporting information relating to the decisionmaking process
concerning accessible pedestrian signals in Parts 1 and 4 of the MUTCD.
[[Page 7074]]
The FHWA is issuing an interim final rule to provide an opportunity
for the public to review and make comment on the necessary changes to
the pertinent electronic files on the FHWA's MUTCD Internet site
(http://mutcd.fhwa.dot.gov) to comply with section 508 of the
Rehabilitation Act of 1973. After reviewing comments regarding these
electronic files, the FHWA may modify the interim final rule and issue
a revision and a final rule.
DATES: This interim final rule is effective March 18, 2002. Comments
related to the necessary changes made to the pertinent electronic files
in order to comply with section 508 must be received on or before April
16, 2002. The incorporation by reference of the publication listed in
this regulation is approved by the Director of the Office of the
Federal Register as of March 18, 2002.
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,
Department of Transportation, Federal Highway Administration, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
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 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/fedreg and the Government Printing Office's
database at: http://www.access.gpo.gov/nara.
Background
The text of Revision No. 1 and the text of the 2000 Millennium
Edition of the MUTCD with Revision No. 1 text incorporated are
available for inspection and copying as prescribed in 49 CFR part 7 at
the FHWA Office of Transportation Operations. Furthermore, Revision No.
1 changes, as discussed here, are available on the MUTCD Internet site
(http://mutcd.fhwa.dot.gov). The entire MUTCD text with Revision No. 1
text incorporated is also available on this Internet site.
Section 508 of the Rehabilitation Act, 29 U.S.C. 794d (2001),
requires that certain electronic and information technology (``EIT'')
be accessible to individuals with disabilities. By regulation, 36 CFR
1194.4 (2001), EIT includes information contained on world wide
websites. Therefore, to comply with Section 508, the FHWA has added to
its MUTCD Internet site (http://mutcd.fhwa.dot.gov), for the electronic
files which are affected by this interim final rule, an alternative
format (hypertext markup language--HTML), that is accessible to
individuals with disabilities. Included within those HTML files are
narrative descriptions of the illustrations (figures) that are
contained within the affected non-accessible format electronic files.
The FHWA is issuing this interim final rule to provide an opportunity
for the public to review and make comment on the narrative descriptions
of the illustrations. After reviewing comments regarding these
descriptions, the FHWA may modify the interim final rule and issue a
revision and a final rule.
Summary of Comments
The FHWA published a notice of proposed amendment (NPA) on May 17,
2001, at 66 FR 27480, with a 30-day comment period, in response to
several letters received by the U.S. Department of Transportation
objecting to language in the text of the MUTCD summarized in the final
rule published on December 18, 2000, at 65 FR 78923. The comment period
ended on June 18, 2001. The FHWA has reviewed the comments received to
the docket in response to the NPA. The FHWA is acting on the items
published in the notice of proposed amendments, as described in the
discussion below. Each action and its basis is summarized below:
Discussion of Adopted Amendments to Part 1--General
The FHWA received five comments to the docket concerning the
proposed revision to Part 1. One comment was from an individual and
four comments represented public/private interest groups.
1. In Section 1A.11 Relation to Other Documents, the FHWA is adding
a new document, `` `Accessible Pedestrian Signals,' A-37, U.S.
Architectural and Transportation Barriers Compliance Board (The U.S.
Access Board),'' to the publications listed in the SUPPORT statement.
All four of the commenters supported this change.
Discussion of Adopted Amendments to Part 4--Signals
The FHWA received five comments to the docket concerning the
proposed revisions to Part 4. One comment was from an individual and
four comments represented public/private interest groups.
1. In Section 4E.06 Accessible Pedestrian Signals, the FHWA is
revising the first SUPPORT statement to read, ``SUPPORT: The primary
technique that pedestrians who have visual disabilities use to cross
streets at signalized intersections is to initiate their crossing when
they hear the traffic in front of them stop and the traffic alongside
them begin to move, corresponding to the onset of the green interval.
This technique is effective at many signalized intersections. The
existing environment is often sufficient to provide the information
that pedestrians who have visual disabilities need to operate safely at
a signalized intersection. Therefore, many signalized intersections
will not require any accessible pedestrian signals.''
Four of the commenters supported this language. The other commenter
believes that although the term ``many'' is technically accurate
regarding the number of intersections where the primary technique (used
by pedestrians with visual disabilities to cross streets at signalized
intersections) is effective, it understates current reality. The
commenter further indicates that although no data has been published to
prove the precise percentage of intersections where the primary non-
visual technique to cross an intersection is effective, experience and
accumulated knowledge indicate that the vast majority of intersections
do not require an accessible pedestrian signal for the execution of a
safe crossing. The word, ``majority,'' is preferred when discussing
where the primary non-visual technique to cross an intersection is
effective. The FHWA believes no change is necessary to this language
because as indicated by the commenter, no one has any data to indicate
how many intersections may or may not require accessible pedestrian
signals. Furthermore, the commenter indicated that the term ``many'' is
technically correct. Therefore, since there is no data to support that
the use of the word ``many'' is not proper, the FHWA will use the
language published in the NPA.
2. In Section 4E.06 Accessible Pedestrian Signals, the FHWA is
revising the first GUIDANCE statement to read, ``GUIDANCE: If a
particular
[[Page 7075]]
signalized intersection presents difficulties for pedestrians who have
visual disabilities to cross safely and effectively, an engineering
study should be conducted that considers the safety and effectiveness
for pedestrians in general, as well as the information needs of
pedestrians with visual disabilities.''
Four of the commenters support this language. The fifth commenter
believes the language in the current MUTCD should be retained and a new
sentence be added regarding an engineering study. The commenter reasons
that local traffic engineers should be given the greatest level of
flexibility to address the needs of their local community. The FHWA
believes the language in Section 4E.06 of the May 17, 2001, NPA and the
information in Chapter 4B of the MUTCD concerning engineering studies
and engineering judgment adequately addresses the needs of all
pedestrians and pedestrians who may have visual disabilities. Whether
to install a traffic signal, or to install or add pedestrian signals
with or without accessible pedestrian signals is and always has been a
State or local public agency decision. The need for an engineering
study is clearly also articulated in Chapter 2B of the MUTCD and in the
first and second GUIDANCE statements of Section 4E.06. The FHWA does
not believe that the proposed text diminishes how a traffic engineer
will address a request for accessible pedestrian signals, and that the
engineer will examine the needs of all pedestrians and find solutions
within the means of his/her jurisdiction to any discovered issue.
3. In Section 4E.06 Accessible Pedestrian Signals, the FHWA is
revising the second paragraph of the second SUPPORT statement to read,
``Local organizations, providing support services to pedestrians who
have visual and/or hearing disabilities, can often act as important
advisors to the traffic engineer when consideration is being given to
the installation of devices to assist such pedestrians. Additionally,
orientation and mobility specialists or similar staff also might be
able to provide a wide range of advice. The U.S. Access Board's
Document A-37, `Accessible Pedestrian Signals,' provides various
techniques for making pedestrian signal information available to
persons with visual disabilities.'' All five of the commenters support
this language.
4. In Section 4E.06 Accessible Pedestrian Signals, the FHWA is
deleting the second GUIDANCE statement from the MUTCD. This statement
covered the consideration of advice from organizations that represent
individuals with disabilities (this consideration is already covered in
the second SUPPORT statement), and covered the process of determining
whether accessible pedestrian signals are needed and the cost
considerations (the process is already covered in the revised first
GUIDANCE statement that discusses an engineering study. An engineering
study covers the consideration of cost).
Four of the commenters support the deletion of this language. The
fifth commenter believes that without this text there will be a
tendency to give deference to organizations and agencies controlled by
professionals in the field. The commenter believes that it is
imperative that traffic engineers also seek the advice of organizations
representing the blind and visually impaired and from local members of
the blind and visually impaired community. The FHWA believes that this
deletion will not result in traffic engineers giving deference to just
``organizations and agencies controlled by professionals in the
field.'' The text stated that ``Advice from organizations who represent
pedestrians * * * should be given deference.'' Deleting this text
eliminates this language. Additionally, the FHWA believes that the
SUPPORT information in the revised second paragraph of the second
SUPPORT statement provides three different types of ways for traffic
engineers to receive input, in addition to the members of the local
blind and visually impaired community who initiated the request.
The fifth commenter was concerned with the deletion of the second
paragraph of the second GUIDANCE statement because ``a request from a
single individual or a small number of individuals may initiate a study
and examination of whether APS's [accessible pedestrian signals] should
be installed.'' The FHWA believes the revised text adequately provides
guidance on when engineering studies of a signalized intersection
should be conducted and that the second paragraph of the second
GUIDANCE statement is no longer needed. Engineering studies can examine
numerous tools to assist pedestrians, including accessible pedestrian
signals.
Rulemaking Analysis and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of U.S. Department of Transportation
regulatory policies and procedures. The economic impact of this
rulemaking will be minimal. The changes in this interim final rule
provide additional guidance and support information relating to the
decisionmaking process concerning whether or not to install accessible
pedestrian signals. The FHWA believes that the uniform application of
traffic control devices will greatly improve the traffic operations
efficiency and roadway safety. The standards, guidance, and support 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 interim final rule only revises guidance and support
information related to the decisionmaking process concerning accessible
pedestrian signals in the MUTCD. The changes are intended to improve
traffic operations and safety, to expand guidance, and to clarify the
application of traffic control devices as related to accessible
pedestrian signals. The FHWA hereby certifies that these revisions will
not have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This action will 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 rule 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 does not have a substantial
direct effect or sufficient federalism implications on States and local
governments that would limit the policymaking discretion of the States
and local governments. This action merely adds guidance and supporting
information for the decisionmaking process concerning whether or not to
install accessible pedestrian signals. The FHWA has also determined
that this action will not preempt any State law or regulation or
[[Page 7076]]
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 will 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 adds guidance and
supporting information for the decisionmaking process concerning
whether or not to install accessible pedestrian signals. 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.
Executive Order 12630 (Taking of Private Property)
This action 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.
Executive Order 13211 (Energy Effects)
We have analyzed this interim final rule under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. We have determined that it is not a
significant energy action under that order because it is not a
significant regulatory action under Executive Order 12866 and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects under Executive Order 13211 is not required.
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 will 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.
Issued on: February 8, 2002.
Mary E. Peters,
Administrator, Federal Highway Administrator.
The FHWA hereby amends chapter I of title 23, Code of Federal
Regulations, part 655 as set forth below:
PART 655--TRAFFIC OPERATIONS
1. The authority citation for part 655 continues to read as
follows:
Authority: 23 U.S.C. 101(a), 104, 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. Revise Sec. 655.601(a) to read as follows:
Sec. 655.601 Purpose.
* * * * *
(a) Manual on Uniform Traffic Control Devices (MUTCD), 2000
Millennium Edition, FHWA, dated December 2000, including Errata No. 1
to MUTCD 2000 Millennium Edition dated June 14, 2001, and Revision No.
1 dated December 28, 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, 400
Seventh Street, SW., Room 3408, Washington, DC 20590, as provided in 49
CFR Part 7. The text is also available from the Federal Highway
Administration's Office of Transportation Operation's website at:
http://mutcd.fhwa.dot.gov.
* * * * *
[FR Doc. 02-3619 Filed 2-14-02; 8:45 am]
BILLING CODE 4910-22-P