[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18520-18521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8838]
[[Page 18519]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
_______________________________________________________________________
23 CFR Part 655
National Standards for Traffic Control Devices: Revision of the Manual
on Uniform Traffic Control Devices; Final Rule Correction
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules
and Regulations
[[Page 18520]]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. 89-1]
RIN 2125-AD50
National Standards for Traffic Control Devices; Revision of the
Manual on Uniform Traffic Control Devices
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Corrections to final amendments to the Manual on Uniform
Traffic Control Devices (MUTCD).
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SUMMARY: This document incorporates by reference into the Code of
Federal Regulations errata corrections to the MUTCD, Part VI, Standards
and Guides for Traffic Controls for Street and Highway Construction,
Maintenance, Utility, and Incident Management Operations. The MUTCD is
incorporated by reference in 23 CFR 655, subpart F, and recognized as
the national standard for traffic control on all public roads. These
corrections affect part VI of the MUTCD in its entirety, and are
intended to improve the safety of workers, pedestrians, and motorists
in temporary traffic control zones.
EFFECTIVE DATE: The final rule is effective April 11, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of
Highway Safety, (202) 366-2193, or Mr. Wilbert Baccus, Office of Chief
Counsel, (202) 366-0780, Federal Highway Administration, 400 Seventh
Street, SW., Room 3419, Washington, D.C. 20590.
SUPPLEMENTARY INFORMATION: The MUTCD is available for inspection and
copying as prescribed in 49 CFR Part 7, appendix D. Part VI of the
MUTCD may be purchased for $16.00 from the Superintendent of Documents,
U. S. Government Printing Office, Washington, DC 20402, Stock No. 050-
001-00316-3.
The FHWA both receives and initiates requests for amendments to the
MUTCD. Each request is assigned an identification number which
indicates, by Roman numeral, the organizational part of the MUTCD
affected and, by Arabic numeral, the order in which the request was
received (e.g., Request VIII-9).
This amendment, which the FHWA is incorporating by reference into
23 CFR 655, contains errata corrections to Part VI of the MUTCD,
Standards and Guides for Traffic Control for Street and Highway
Construction, Maintenance, Utility, and Incident Management Operations.
Part VI sets forth principles and prescribes standards for temporary
traffic control zone operations on streets and highways in the United
States. Also, part VI addresses the design, administration, and
operation of street and highway temporary traffic control plans and
projects. With the current emphasis on repairing the Nation's highways
and improving safety in temporary traffic control zone areas, an
updated and more accurate part VI will better serve the highway
community. Previous Federal Register actions regarding changes to part
VI are contained in FHWA docket number 89-1, Notice No. 7.
The text changes resulting from this amendment to the MUTCD have
been titled ``Errata No.1 to the 1988 Edition of MUTCD, Revision 3''
dated November 1994. It will be available from the Government Printing
Office (GPO), Superintendent of Documents, Washington, D.C. 20402,
(202) 783-3238. Everyone currently appearing on the FHWA Office of
Highway Safety's Federal Register mailing list will be sent a copy.
Discussion of Amendments
The FHWA discovered several errors in Part VI after the document
was incorporated by reference into 23 CFR 655 on December 10, 1993
(FHWA docket number 89-1, Notice No. 7). The errors were not
substantial 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 correct grammatical, typographical, and pictorial
errors. Examples of errors that were corrected include: assigning
numbers to several signs for which no numbers had been provided in the
original Part VI; using correct terminology for certain signs and other
traffic control devices (e.g., octagonal in shape in lieu of square);
correcting distances (i.e., changing the term ``2S'' to ``Buffer
Space'' in some Typical Application diagrams); and changing a ``shall''
to a ``should'' condition for Truck Mounted Attenuators (this was an
inadvertent change made during the rulemaking process).
Another correction involved figure VI-9 on page 62 and figure TA-4
on page 115. As revised, the MUTCD part VI disallowed the use of four
or more lights arranged horizontally, as the caution mode for Arrow
Displays. The FHWA has since learned that making the electrical
modifications needed to alter Arrow Displays which currently use the
horizontal arrangement would cause an undue financial burden on many
public agencies. After further review of this matter, the FHWA has
found no research or operational experience showing the horizontal
caution mode display creates an unsafe condition. Accordingly, the FHWA
has decided to allow the use of such devices; figure VI-9 on page 62
and figure TA-4 on page 115 have been modified to allow the use of four
or more lights in a horizontal direction as the caution mode for Arrow
Displays. As modified, this section gives public agencies an option to
use either method of operation.
Rulemaking Analyses and Notices
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq, allows
agencies engaged in rulemaking to dispense with prior notice to the
public when the agency for the good cause finds that such procedure is
impracticable, unnecessary, or contrary to the public interest. 5
U.S.C. 553(b)(3)(B).
The FHWA has determined that providing prior notice to the public
on this action is unnecessary. This action merely incorporates by
reference into 23 CFR part 655 a document containing errata changes to
Part VI of the MUTCD. These changes are not substantive in nature; for
the most part they involve the correction of grammatical,
typographical, and pictorial errors. For these same reasons, the FHWA
has determined that it has good cause to make the rule effective upon
publication in the Federal Register. 5 U.S.C. 553(d)(3).
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 Department of Transportation
regulatory policies and procedures. This action merely incorporates by
reference into 23 CFR part 655 a document containing non-substantive
errata changes to part VI of the MUTCD. The economic impact of these
changes is expected to be minimal. For this reason, the FHWA has
determined that 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 rule on
small entities. Based on the evaluation, the FHWA hereby certifies that
this action will not have a significant economic impact on
[[Page 18521]] a substantial number of small entities. This action
merely incorporates by reference into 23 CFR part 655 a document
containing non-substantive errata changes to part VI of the MUTCD.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. 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 Federal Agencies within two years of issuance.
This 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 these amendments override any existing State requirements
regarding traffic control devices, they do so in the interest 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 1980, 44
U.S.C. 3501 et seq.
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.
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, 105, 109(d), 114(a), 135, 217,
307, 315, and 402(a); 23 CFR 1.32 and 1204.4; and 49 CFR 1.48(b).
Subpart F--[Amended]
2. In Sec. 655.601, paragraph (a) is revised to read as follows:
Sec. 655.601 Purpose.
* * * * *
(a) Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD), FHWA, 1988, including Revision No. 1 dated January
17, 1990, Revision No. 2 dated March 17, 1992, Revision No. 3 dated
September 3, 1993, Revision No. 4 dated January 4, 1995, and ``Errata
No. 1 to the 1988 MUTCD, Revision 3,'' dated November 1994. 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 N. Capitol St., Suite 700, Washington, DC. The 1988
MUTCD, including Revision No. 3 dated September 3, 1993, may be
purchased from the Superintendent of Documents, U.S. Government
Printing Office (GPO), Washington, DC 20402 and has Stock No. 050-001-
00308-2. The amendments to the MUTCD, titled ``1988 MUTCD Revision 1,''
dated January 17, 1990, ``1988 MUTCD Revision 2,'' dated March 17,
1992, ``1988 MUTCD Revision No. 3'' dated September 3, 1993, Revision
No. 4 dated January 4, 1995, and ``Errata No. 1 to the 1988 MUTCD,
Revision 3'' dated November 1994 are available from the Federal Highway
Administration, Office of Highway Safety, HHS-20, 400 Seventh Street
SW., Washington, DC 20590. These documents are available for inspection
and copying as prescribed in 49 CFR part 7, appendix D.
* * * * *
Issued on April 4, 1995.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-8838 Filed 4-10-95; 8:45 am]
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