[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14138-14139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6920]
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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: Final rule.
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SUMMARY: The FHWA revises 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. This final rule makes some nomenclature changes and
removes a reference to an outdated regulation.
EFFECTIVE DATE: April 23, 2003.
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
Internet user may access comments received by the U.S. DOT Docket
Facility, Room PL-401, by using the universal resource locator (URL)
http://dmses.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 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. Internet users may also reach the Officer 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
On October 30, 2002, at 67 FR 66076, the FHWA published a notice of
proposed rulemaking (NPRM) proposing revisions to the regulation that
prescribes procedures for obtaining basic uniformity of traffic control
devices on all streets and highways. These proposals were 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nomenclature changes and to remove the outdated reference to an
outdated regulation.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
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 issued this notice to provide an opportunity for public
comment on the proposed changes to 23 CFR 655.603. Based on the comment
received and its own experience, The FHWA is issuing a final rule.
Summary of Comments
The FHWA received one comment to the docket in response to the
NPRM. The comment referred to a concern to improve the visual impact of
certain sign designs within the MUTCD, specifically signs related to
park and ride, carpooling and commuter buses. Since the comment is
outside the scope of the NPRM, the FHWA decided to revise the proposals
contained within the NPRM without change. The comment will be forwarded
to the FHWA Office of Transportation Operations for further review and
action, if necessary.
Rulemaking Analysis and Notices
Executive Order 12866 (Regulatory Planning and Review) and U.S. 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 actions in this final 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 this action 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 (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of this action on
small entities. This final rule only updates 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 this action will not have a significant economic impact
on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This action does 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 final 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 to comply with
these changes as this action is 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 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 action 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
federalism assessment. The final rule 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 highways.
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; would not
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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 final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. This is not a significant energy action under
Executive Order 13211 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 action does not contain collection information
requirements 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,
eliminate ambiguity, and 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 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 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: March 6, 2003.
Mary E. Peters,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA amends 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(d), 114(a), 217, 315, and
402(a); 23 CFR 1.32; and 49 CFR 1.48(b).
Subpart F--[Amended]
2. Amend Sec. 655.603 by revising 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.
[FR Doc. 03-6920 Filed 3-21-03; 8:45 am]
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