[Federal Register Volume 67, Number 210 (Wednesday, October 30, 2002)]
[Proposed Rules]
[Pages 66076-66078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27608]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. FHWA-2002-13069]
RIN 2125-AE78
Traffic Control Devices on Federal-Aid and Other Streets and
Highways; Standards
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking; request for comments.
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SUMMARY: The FHWA proposes to revise its regulation on traffic control
devices on Federal-aid and other highways, which prescribes procedures
for obtaining basic uniformity of traffic control devices on all
streets and highways. Recently, the FHWA underwent agency
reorganization and various offices and position title changes were made
within the headquarters and field offices. Therefore, we propose to
provide nomenclature changes and to remove a reference to an outdated
regulation.
DATES: Comments must be received on or before December 30, 2002.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dmses.dot.gov/submit. All comments should include the docket number
that appears in the heading of this document. All comments received
will be available for examination at the above address from 9 to 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 or print the acknowledgement page that appears after
submitting comments electronically.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of
Transportation Operations, (202) 366-9064; or Mr. Raymond W. Cuprill,
Office of the Chief Counsel, (202) 366-0791, U.S. 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 and Filing
You may submit or retrieve comments online through the Document
Management System (DMS) at: http://dmses.dot.gov/submit. Acceptable
formats include: MS Word, MS Word for Mac, Rich Text File (RTF),
American Standard Code Information Interchange (ASCII)(TXT), Portable
Document Formation (PDF), and WordPerfect (versions 7 to 8). The DMS is
available 24 hours each day, 365 days each year. Electronic submission
and retrieval help and guidelines are available under the help section
of the Web site.
An electronic copy of this document may also be downloaded by using
a computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661 by using a computer, modem, and suitable communications
software. Internet users may also reach the Office of the Federal
Register's home page at: http://www.archives.gov and the Government
Printing Office's Web page at: http://www.access.gpo.gov/nara.
Background
This document proposes to revise the regulation that prescribes
procedures for obtaining basic uniformity of traffic control devices on
all streets and highways in order to provide nomenclature changes, and
to remove the outdated reference to an outdated regulation. The Manual
on Uniform Traffic Control Devices (MUTCD) is approved by the Federal
Highway Administration and recognized as the national standard for
traffic control on all public roads. It is incorporated by reference
into the Code of Federal
[[Page 66077]]
Regulations at 23 CFR part 655. Due to the reorganization of the FHWA
and the deletion of 23 CFR 1204.4 by the National Highway Traffic
Safety Administration (NHTSA), it is necessary to update 23 CFR
655.603.
The FHWA is issuing this notice to provide an opportunity for
public comment on the proposed changes to 23 CFR 655.603. Based on the
comments received and its own experience, the FHWA may issue a final
rule concerning the proposed changes included in this notice at any
time after the close of the comment period.
Discussion of Proposed Amendments
The FHWA underwent restructuring in 1999 and various office and
position title changes were made within the Headquarters and field
offices. The FHWA regional offices were eliminated, resource centers
were established, and additional responsibilities were given to FHWA's
division offices (located in each State, Puerto Rico and the District
of Columbia) and the Federal Lands Highway offices. These
organizational changes require us to update Sec. 655.603(b)(1), and
Sec. 655.603(b)(2), to reflect changes that resulted in the
restructuring of the FHWA in 1999.
The FHWA proposes to modify the first sentence in Sec.
655.603(b)(2) to delete the phrase ``with the concurrence of the Office
of Traffic Operations.'' The deletion of this phrase is based on the
similar technical abilities of the Federal Lands Program offices and
the FHWA Division offices. Additionally, the FHWA proposes to have the
Associate Administrator of Federal Lands Highway Program Office approve
the MUTCDs of the other Federal land management agencies (Bureau of
Indian Affairs, National Park Service, Forest Service, and U.S. Fish
and Wildlife Service).
Section 655.603(d)(1) discusses the systematic upgrading of
substandard traffic control devices and installation of devices that
conform to the MUTCD. This section refers to a program required by the
former Highway Safety Program Standard Number 13, Traffic Engineering
Services (23 CFR 1204.4), a National Highway Traffic Safety
Administration (NHTSA) regulation and must be amended to remove the
reference to 23 CFR part 1204.
The Highway Safety Act of 1966 (Pub. L. 89-564; 80 Stat 731;
September 9, 1966), amended title 23, United States Code to add Chapter
4, entitled ``Highway Safety.'' Section 402(a) of the U.S. Code, the
Highway Safety program, required that States have a highway safety
program designed to reduce traffic accidents and deaths, injuries, and
property damage resulting from traffic accidents. These programs were
to be in accordance with uniform standards promulgated by the Secretary
of transportation. The NHTSA was the agency within the U.S. DOT
responsible for promulgating these uniform standards. Originally
promulgated in November 1966, these uniform standards were codified in
23 CFR 1204. There were 18 standards in all.
Standard number 13 of the uniform standards, entitled ``Traffic
Control Devices'' required, among other things, that each State's
highway safety program have, at a minimum: a method to identify needs
and deficiencies of traffic control devices; a method to upgrade all
existing traffic control devices on all streets and highways to conform
with standards issued by the Federal Highway Administrator; and program
for preventive maintenance, repair, and daytime and nighttime
inspection of all traffic control devices.\1\
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\1\ See 33 FR 16560. 16564; November 14, 1966. Originally
codified in 23 CRF 204, however, it was redesignated as 23 CFR 1204
in 1973 at 38 FR 10810; May 2, 1973.
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Until the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (Pub. L. 100-17; April 2, 1987), it was mandated that the
States complied with these 18 standards, as there was financial
sanctions imposed for non-compliance. In 1987, Congress revised 23
U.S.C. 402(a) to replace the word ``standards'' with the word
``guidance.'' This change, combined with the changes made to the
Highway Safety Program under the Intermodal Surface Transportation
Efficiency Act of 1991 (Pub. L. 102-240; December 18, 1991) lead to the
revision of the uniform standards by NHTSA. In 1995, NHTSA revised the
standards to make them guidelines and removed them from the code of
Federal Regulations.\2\ The guidelines, now 21 in all, are published in
separate documents made available to the States.
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\2\ See 60 FR 36641, July 18, 1995.
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Guideline 21, entitled ``Roadway Safety,'' captures the
requirements of former standard number 13 in that the same requirements
regarding traffic control devices remain. This Guideline (No. 21) was
published as a notice in the Federal Register on July 18, 1995 (60 FR
36641, 36665).
Section 655.603(d)(1) discusses the systematic upgrading of
substandard traffic control devices and installation of devices to
conform to the MUTCD. Currently, it still refers to 23 CFR 1204, which
has since been removed from the Code of Federal Regulations; therefore,
we proposed to amend Sec. 655.603(d)(1) to reflect this change.
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 U.S. 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 U.S. Department of
Transportation regulatory policies and procedures. It is anticipated
that the economic impact of this rulemaking would be minimal. The
changes proposed in this notice are intended to clarify 23 CFR 655.603
in light of the FHWA reorganization and to remove the reference to an
outdated regulation. The FHWA expects that these proposed changes will
provide clarity at little or no 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 these proposed changes on
small entities. This action proposes to update the authorities of the
FHWA, and referenced documents regarding MUTCD compliance on existing
highways. Such updates will provide transportation entities with the
appropriate points of contact regarding the MUTCD. 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 notice of proposed rulemaking would not impose unfunded
mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, 109 Stat. 48, March 22, 1995). This proposed action will not
result in the expenditure by State, local, and tribal governments,
[[Page 66078]]
in the aggregate, or by the private sector, of $100 million or more in
any one year to comply with these changes as these proposed changes are
minor and non-substantive in nature, requiring no additional or new
expenditures.
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 proposed action does not have a
substantial direct effect or sufficient federalism implications on
States that would limit the policymaking discretion of the States and
local governments. The FHWA has also determined that this proposed
rulemaking will not preempt any State law or State regulation or affect
the States' ability to discharge traditional State governmental
functions and does not have sufficient federalism implications to
warrant the preparation of a Federalism assessment. The proposed
amendments are in keeping with the Secretary of Transportation's
authority under 23 U.S.C. 109(d), 315, and 402(a) to promulgate uniform
guidelines to promote the safe and efficient use of highways.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed 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; would not
impose substantial direct compliance costs on Indian tribal
governments; and would not preempt tribal law. Therefore, a tribal
summary impact statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this proposed action under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. It has been 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.
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 proposed action does not contain collection
information requirements for purposes of the PRA.
Executive Order 12988 (Civil Justice Reform)
This proposed 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)
The FHWA has analyzed this proposed 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 proposed action would not affect 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 proposed 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, Traffic regulations.
Issued on: October 24, 2002.
Mary E. Peters,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
23, Code of Federal Regulations, part 655, subpart F as follows:
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, 114(a), 217, 315, and
402; 23 CFR 1.32; and 49 CFR 1.48.
Subpart F--[Amended]
2. Revise Sec. 655.603, paragraphs (b)(1), (b)(2) and (d)(1) to
read as follows:
Sec. 655.603 Standards.
* * * * *
(b) State of Federal MUTCD. (1) Where State or other Federal agency
MUTCDs or supplements are required, they shall be in substantial
conformance with the national MUTCD. Changes to the national MUTCD
issued by the FHWA shall be adopted by the States or other Federal
agencies within 2 years of issuance. The FHWA Division Administrators
shall approve the State MUTCDs and supplements that are in substantial
conformance with the national MUTCD.
(2) The FHWA Associate Administrator of the Federal Lands Highway
Program shall approve other Federal land management agencies' MUTCDs
that are in substantial conformance with the national MUTCD. States and
other Federal agencies are encouraged to adopt the national MUTCD as
their official Manual on Uniform Traffic Control Devices.
* * * * *
(d) Compliance--(1) Existing highways. Each State, in cooperation
with its political subdivisions, and Federal agency shall have a
program as required by 23 U.S.C 402(a), which shall include provisions
for the systematic upgrading of substandard traffic control devices and
for the installation of needed devices to achieve conformity with the
MUTCD.
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[FR Doc. 02-27608 Filed 10-29-02; 8:45 am]
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