[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Rules and Regulations]
[Pages 363-365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-86]



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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. 94-33]
RIN 2125-AD45


National Standards for Traffic Control Devices; Revision of the 
Manual on Uniform Traffic Control Devices; Temporary Traffic Signals

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document incorporates by reference an amendment to Part 
VI of the Manual on Uniform Traffic Control Devices (MUTCD). This 
amendment is intended to revise the section of the MUTCD concerning 
temporary traffic signals in order to permit the use of certain 
temporary signalling devices that were inadvertently excluded by an 
earlier revision to Part VI. The MUTCD is recognized as the national 
standard for traffic control on all public roads. Public comments are 
invited on this action.

DATES: This interim final rule is effective January 4, 1995.
    Comments must be submitted on or before March 6, 1995.
    Incorporation by reference of the publications listed in the 
regulations is approved by the Director of the Federal Register as of 
January 4, 1995.

ADDRESSES: Submit written, signed comments to FHWA Docket No. 94-33, 
Federal Highway Administration, Office of the Chief Counsel, room 4232, 
HCC-10, 400 Seventh Street, SW., Washington, DC 20590. All comments 
received will be available for examination at the above address between 
8:30 a.m. and 3:30 p.m., e.t., Monday through Friday except Federal 
holidays. Those desiring notification of receipt of comments must 
include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of 
Highway Safety, (202) 366-0411, or Mr. Wilbert Baccus, Office of Chief 
Counsel, (202) 366-0780, Federal Highway Administration, 400 Seventh 
Street, SW., room 3419, Washington, DC 20590. Office hours are from 
7:45 a.m. to 4:15 p.m., e.t., except Federal holidays.

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-
001-00516-3.
    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 contains 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. Previous Federal Register actions regarding changes to 
[[Page 364]] part VI are contained in FHWA docket number 89-1, Notice 
No. 7, published at 58 FR 6508 on December 10, 1993.
    The text change resulting from this amendment to the MUTCD has been 
titled ``1988 MUTCD Revision 4, dated November 1, 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, Federal Register 
mailing list will be sent a copy.

Discussion of Amendment

    Part VI of the MUTCD was revised on September 3, 1993, and 
incorporated by reference in 23 CFR part 655 on December 10, 1993 (58 
FR 64085). As revised, the last paragraph in section 6F-8c read:

    One-way traffic flow requires an all-red interval of sufficient 
duration for traffic to clear the portion of the temporary traffic 
control zone controlled by the traffic signals. To avoid the display 
of conflicting signals at each end of the temporary traffic control 
zone, traffic signals shall be either hard-wired or controlled by 
radio signals.

    The FHWA has since learned that the last sentence of the section 
inadvertently disallowed the use of certain temporary signaling devices 
now in use. While they employ neither hard-wiring nor radio signals, 
these devices are considered to be as safe and effective as those 
devices covered by the September 3, 1993, version of section 6F-8c. In 
order to allow the use of such devices, the last sentence of the 
paragraph has been removed and replaced with the following sentence:

    Safeguards shall be incorporated to avoid the display of 
conflicting signals at each end of the temporary traffic control 
zone.

    As revised, the section imposes a performance standard, and not a 
design standard, on all such devices. This document incorporates the 
revised Part VI into 23 CRF part 655. With the current emphasis on 
repairing the Nation's highways and improving safety in temporary 
traffic control zone areas, an updated and accurate part VI will better 
serve the highway community.

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 and 
opportunity for comment when the agency for good cause finds that such 
procedures are 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 would be contrary to the public interest. This action 
will incorporate by reference into 23 CFR part 655 a revised version of 
Part VI of the MUTCD. The September 3, 1993, version inadvertently 
excluded the use of certain safe and effective traffic control devices 
in highway work zones. This was not the intent of the revision and 
therefore Part VI is being revised again to allow the use of these 
devices. Any further delay in revising Part VI would cause undue 
economic harm to those who manufacture and sell the types of traffic 
control devices excluded by the September 1993 language of Part VI.
    Public comment, however, is solicited on this action. Comments 
received will be carefully considered in evaluating whether any further 
changes to this amendment are necessary.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this document does not constitute a 
significant regulatory action within the meaning of Executive Order 
12866, nor is it significant within the meaning of Department of 
Transportation regulatory policies and procedures. Although this action 
will allow the use of alternative signalling devices not permitted 
under the September 3, 1993, version of Part VI of the MUTCD, the FHWA 
anticipates that this action will not affect the total number of 
signalling devices deployed. By permitting public and private entities 
to choose from a wider array of signalling devices, these entities may 
be able to make more cost-effective choices in the future. Accordingly, 
it is anticipated that the overall economic impact of this rulemaking 
will be minimal, but positive. For these reasons, 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. This action will allow a few small companies to market 
signalling devices not allowed under the September 3, 1993, version of 
Part VI. Based on the evaluation, the FHWA hereby certifies that this 
action will not have a significant economic impact on a substantial 
number of small entities. The need to further evaluate economic 
consequences will be reviewed on the basis of the comments submitted in 
response to this interim final rule.

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 other Federal agencies within two years of 
issuance. This proposed amendment is in keeping with the Secretary of 
Transportation's authority under 23 U.S.C. 109(d) and 315 to promulgate 
uniform guidelines to promote the safe and efficient use of the 
highway. Therefore, nothing in this document would preempt any State 
laws, regulations, or requirements.

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.

    [[Page 365]] 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, and Revision No. 4 dated November 1, 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 in Washington, DC. The 1988 MUTCD Stock No. 050-001-00308-2 
and ``1988 MUTCD Revision 3,'' dated September 3, 1993 (Stock No. 050-
001-00316-3), may be purchased from the Superintendent of Documents, 
U.S. Government Printing Office (GPO), Washington, DC 20402. The 
amendments to the MUTCD, titled ``1988 MUTCD Revision 1,'' dated 
January 17, 1990, ``1988 MUTCD Revision 2,'' dated March 17, 1992, and 
``1988 MUTCD Revision 4, dated November 1, 1994,'' are available from 
the Federal Highway Administration, Office of Highway Safety, HHS-21, 
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: December 28, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 95-86 Filed 1-3-95; 8:45 am]
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