National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Revision |
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Topics: Federal Highway Administration
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Victor M. Mendez
Federal Register
August 2, 2011
[Federal Register Volume 76, Number 148 (Tuesday, August 2, 2011)]
[Proposed Rules]
[Pages 46213-46216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19511]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. FHWA-2010-0170]
RIN 2125-AF41
National Standards for Traffic Control Devices; the Manual on
Uniform Traffic Control Devices for Streets and Highways; Revision
AGENCY: Federal Highway Administration (FHWA), (DOT).
ACTION: Proposed rule; request for comments.
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SUMMARY: The Manual on Uniform Traffic Control Devices (MUTCD) is
incorporated in our regulations, approved by the Federal Highway
Administration, and recognized as the national standard for traffic
control devices used on all streets, highways, bikeways, and private
roads open to public travel. The FHWA proposes to
[[Page 46214]]
revise certain standards, guidance, options, and supporting information
relating to traffic control devices in Part 1 (General) of the MUTCD.
The proposed changes are intended to clarify the definition of Standard
statements in the MUTCD and clarify the use of engineering judgment and
studies in the application of traffic control devices.
DATES: Comments must be received on or before October 3, 2011. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, 1200 New Jersey Avenue,
SE., Washington, DC 20590, or submit electronically at http://www.regulations.gov or fax comments to (202) 493-2251. All comments
should include the docket number that appears in the heading of this
document. All comments received will be available for examination and
copying at the above address from 9 a.m. 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
may print the acknowledgment page that appears after submitting
comments electronically. Anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70, Page 19477-78) or
you may visit http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Hari Kalla, Office of
Transportation Operations, (202) 366-5915; or Mr. William Winne, Office
of the Chief Counsel, (202) 366-1397, Federal Highway Administration,
1200 New Jersey Ave., SE., Washington, DC 20590. Office hours are from
8:00 a.m. to 4:30 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 Federal
eRulemaking portal at: http://www.regulations.gov. Electronic
submission and retrieval help and guidelines are available under the
help section of the Web site. It is available 24 hours each day, 365
days each year. Please follow the instructions. An electronic copy of
this document may also be downloaded from 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
In the December 16, 2009, Final Rule \1\ adopting the 2009 edition
of the MUTCD, the FHWA made clarifying revisions to the text of Section
1A.09 and to the definition of Standard in Section 1A.13 to remove
conflicting language and provide consistency in the intended use of
engineering judgment and engineering studies. The Final Rule deleted
the following 2003 MUTCD text from the GUIDANCE in Section 1A.09 of the
2009 MUTCD: ``The decision to use a particular device at a particular
location should be made on the basis of either an engineering study or
the application of engineering judgment. Thus, while this Manual
provides Standards, Guidance, and Options for design and application of
traffic control devices, this Manual should not be considered a
substitute for engineering judgment. Engineering judgment should be
exercised in the selection and application of traffic control devices *
* *'' Additionally, in paragraph 1 of Section 1A.13, the following
sentence was added to the definition of Standard: ``Standard statements
shall not be modified or compromised based on engineering judgment or
engineering study.''
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\1\ 74 FR 66732, December 16, 2009. This Federal Register notice
can be viewed at the following Internet Web site: http://edocket.access.gpo.gov/2009/pdf/E9-28322.pdf.
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It was not the intention of the FHWA to change the longstanding
meaning of Standard or remove the appropriate application of
engineering studies or engineering judgment where the language of a
particular Standard explicitly or implicitly requires it.
Subsequent to the issuance of the Final Rule for the 2009 MUTCD,
the FHWA received correspondence and resolutions from the American
Association of State Highway and Transportation Officials (AASHTO) and
the National Committee on Uniform Traffic Control Devices (NCUTCD), and
letters from several State DOTs, expressing concerns that the removal
of language from Section 1A.09 and the addition of the sentence to the
Section 1A.13 definition of Standard had the effect of removing the
flexibility of highway agencies to address field conditions. The FHWA
agrees with some of the concerns and especially believes that, even
with the clarifications adopted in the 2009 MUTCD, the language
concerning the appropriate use of engineering studies and engineering
judgment in relation to Standards in the MUTCD is still unclear.
Therefore, the FHWA is proposing amendments to Section 1A.09 and to
paragraph 1 of Section 1A.13 at this time.
Proposed Amendment
The text of this proposed revision of the 2009 edition of the MUTCD
is available for inspection and copying, as prescribed in 49 CFR part
7, at the FHWA Office of Transportation Operations (HOTO-1), 1200 New
Jersey Avenue, SE., Washington, DC 20590. Furthermore, the text of the
proposed revision is available on the MUTCD Internet Web site http://mutcd.fhwa.dot.gov, showing the current MUTCD text of Section 1A.09 and
paragraph 1 of Section 1A.13 with proposed additions in blue underlined
text and proposed deletions as red strikeout text. The complete current
2009 edition of the MUTCD is also available on the same Internet Web
site. A copy of the proposed revision is also available at http://www.regulations.gov under the docket number noted above.
This NPA is being issued to provide an opportunity for public
comment on the desirability of these proposed amendments to the MUTCD.
Based on the comments received and its own experience, the FHWA may
issue a Final Rule concerning the proposed changes included in this
notice.
It should be noted that on April 22, 2010, an NPA was published in
the Federal Register,\2\ proposing to revise the 2009 MUTCD by adding
Standards, Guidance, Options, and Support information regarding
maintaining minimum retroreflectivity of longitudinal pavement
markings. The deadline for comments to that docket has passed and the
FHWA is currently reviewing the docket comments received. In the April
22, 2010, NPA, it was noted that the proposed revisions regarding
maintaining minimum retroreflectivity of longitudinal pavement markings
would be designated as Revision 1 to the 2009 edition of the MUTCD.
Actual designation of revision numbers will depend on the relative
timing of any Final Rules that may be issued by the FHWA as a result of
the April 22, 2010, NPA, this NPA, or any other rulemakings related to
the MUTCD. Whichever of the Final Rules is issued first would be
designated as Revision 1
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and subsequent Final Rules will be numbered accordingly.
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\2\ 75 FR 20935, April 22, 2010. This Federal Register notice
can be viewed at the following Internet Web site: http://edocket.access.gpo.gov/2010/pdf/2010-9294.pdf.
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The FHWA requests that commenters cite the Section number and
paragraph number of the proposed MUTCD text for which each specific
comment to the docket about the proposed text is concerned, to help
make the FHWA's docket comment review process more efficient.
A summary of the proposed changes in Part 1 of the MUTCD is
included in the following discussion.
Discussion of Proposed Amendments to the MUTCD
1. In Section 1A.09 Engineering Study and Engineering Judgment, the
FHWA proposes to add a new GUIDANCE paragraph stating that the decision
to use a particular device at a particular location should be made on
the basis of either an engineering study or the application of
engineering judgment. This proposed GUIDANCE reinstates one of the
GUIDANCE sentences in the 2003 MUTCD that was removed in the final rule
for the 2009 MUTCD.
Additionally, the FHWA proposes to add a new OPTION paragraph
stating that when an engineering study or the application of
engineering judgment determines that unusual site-specific conditions
at a particular location make compliance with a Standard statement in
this Manual impossible or impractical, an agency may deviate from that
Standard statement at that location. The FHWA believes that the
addition of this flexibility is needed in limited cases because some
STANDARD statements in the MUTCD cannot possibly address all the
various unusual field conditions that, while relatively rare, do exist
on the street and highway network in ways that can make it impossible
or impractical to meet the precise requirements at such a particular
location. It is not intended that a highway agency be authorized to
adopt or implement broad policies or practices that deviate from a
Standard on a blanket basis jurisdiction-wide, region-wide, on all
highways of a particular class, or using similar criteria. The MUTCD
provisions that are STANDARDS are intended to be mandatory, as opposed
to merely recommended. As such, it is inappropriate to deviate from a
STANDARD for any reason other than an engineering determination that
the unusual site conditions at a particular location make it impossible
or impractical to meet the explicit requirement of the STANDARD at that
location.
2. In Section 1A.13 Definitions of Headings, Words, and Phrases in
This Manual, the FHWA proposes to modify Paragraph 1 by removing the
sentence that was added to the definition of Standard in the Final Rule
for the 2009 MUTCD. The sentence proposed for removal currently states
``Standard statements shall not be modified or compromised based on
engineering judgment or engineering study.'' The FHWA believes that,
with the proposed additional clarifying language in Section 1A.09, this
sentence would no longer be needed.
Rulemaking Analysis and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action would be a significant
regulatory action within the meaning of Executive Order 12866 and
within the meaning of U.S. Department of Transportation regulatory
policies and procedures because of the significant public interest in
the MUTCD. The proposed changes in the MUTCD would provide additional
clarification, guidance, and flexibility in the application of traffic
control devices. 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.
These changes are not anticipated to adversely affect, in any material
way, any sector of the economy. In addition, these changes would not
create a serious inconsistency with any other agency's action or
materially alter the budgetary impact of any entitlements, grants, user
fees, or loan programs. It is anticipated that the economic impact of
this rulemaking would be minimal; 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 these changes
on small entities and has determined that this action would not have a
significant economic impact on a substantial number of small entities.
This proposed rule would provide clarification and additional
flexibility.
Unfunded Mandates Reform Act of 1995
This proposed rule 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). The proposed changes provide additional guidance,
flexibility, and clarification and would not require an expenditure of
funds. This action would not result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private sector, of
$140.8 million or more in any 1 year (2 U.S.C. 1532).
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. The FHWA has also determined that this rulemaking will not
preempt any State law or State regulation or affect the States' ability
to discharge traditional State governmental functions. The MUTCD is
incorporated by reference in 23 CFR Part 655, subpart F. These 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 the highway. The
overriding safety benefits of the uniformity prescribed by the MUTCD
are shared by all of the State and local governments, and changes made
to this rule are directed at enhancing safety. To the extent that these
proposed amendments override any existing State requirements regarding
traffic control devices, they do so in the interest of national
uniformity.
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 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 action 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 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.
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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 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. The FHWA certifies that this action would not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
The FHWA does not anticipate that this action would 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. 4321-4347) 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: July 27, 2011.
Victor M. Mendez,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA proposes to amend title
23, Code of Federal Regulations part 655 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--Traffic Control Devices on Federal-Aid and Other Streets
and Highways--[Amended]
2. Revise Sec. 655.601(a), to read as follows:
Sec. 655.601 Purpose.
* * * * *
(a) Manual on Uniform Traffic Control Devices for Streets and
Highways (MUTCD), 2009 Edition, with Revision(s) number ---- [revision
number to be inserted] incorporated, FHWA, dated ------------ [date to
be inserted]. 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
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA call (202) 741-6030, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is available for inspection and
copying at the Federal Highway Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590, telephone 202-366-1993, as provided in 49
CFR part 7. The text is also available from the FHWA Office of
Operations Web site at: http//mutcd.fhwa.dot.gov.
* * * * *
[FR Doc. 2011-19511 Filed 8-1-11; 8:45 am]
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