18522 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations

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).

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 nonsubstantive 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
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Rules and Regulations 18523

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 § 655.601, paragraph (a) is

revised to read as follows:

§ 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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