29624 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. 96–20]

RIN 2125–AD63

National Standards for Traffic Control

Devices; Metric Conversion

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Interim final rule; request for

comments.

SUMMARY: The FHWA is adopting, as its

policy for the design of traffic control

devices for use on all roads open to

public travel, two American Association

of State Highway and Transportation

Officials’ (AASHTO) publications:

‘‘Guide to Metric Conversion,’’ June

1993, and ‘‘Traffic Engineering Metric

Conversion Factors; Addendum to the

Guide to Metric Conversion, 1993,’’

October 1993.

DATES: This regulation is effective June

11, 1996. Comments must be received

on or before August 11, 1996. The

incorporation by reference of certain

publications listed in the regulation is

approved by the Director of the Federal

Register as of June 6, 1996.

ADDRESSES: Submit written, signed

comments to FHWA Docket No. 96–20,

Federal Highway Administration, Room

4232, HCC–10, Office of the Chief

Counsel, 400 Seventh Street SW.,

Washington, D.C. 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 selfaddressed, stamped postcard/envelope.

The current design standards are on file

at the Office of the Federal Register in

Washington, DC, and are available for

inspection from the FHWA Washington

Headquarters and all FHWA Division

and Regional Offices as prescribed in 49

CFR Part 7, Appendix D. Copies of the

current AASHTO publications are also

available for purchase from the

American Association of State Highway

and Transportation Officials, Suite 225,

444 North Capitol Street NW.,

Washington, D.C. 20001.

FOR FURTHER INFORMATION CONTACT: Mr.

Ernest Huckaby, Office of Highway

Safety (HHS–10), (202) 366–9064, or Mr.

Raymond Cuprill, Office of the Chief

Counsel, (202) 366–0834, Federal

Highway Administration, 400 Seventh

Street SW., Washington, D.C. 20590.

Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION: The traffic

control device design and applications

standards have been adopted by the

FHWA for use on all streets and

highways open to public travel and are

incorporated by reference in 23 CFR

Part 655, subpart F.

The American Association of State

Highway and Transportation Officials

(AASHTO) is an organization which

represents the 52 State highway and

transportation agencies (including the

District of Columbia and Puerto Rico).

Its members consist of the duly

constituted heads and other chief

officials of those 52 agencies. The

Secretary of the United States

Department of Transportation (DOT) is

an ex officio member, and DOT officials

participate in various AASHTO

activities as non-voting representatives.

Among other functions, the AASHTO

develops and issues standards,

specifications, policies, guides, and

related materials for use by the States

for highway projects. Many of the

standards adopted by the FHWA and

incorporated into 23 CFR Part 655 were

developed and issued by the AASHTO

or by organizations of which it is a

major voting member. Revisions made

to such documents by the AASHTO are

independently reviewed and adopted by

the FHWA before they are applied to

street and highway projects.

The FHWA initiated a phased fiveyear plan to convert its activities and

business operations to the metric system

of weights and measures as required by

the Metric Conversion Act of 1975 (Pub.

L. 94–168, 89 Stat. 1007), as amended

by sec. 5164 of the Omnibus Trade and

Competitiveness Act of 1988 (Pub. L.

100–418, 102 Stat. 1107, 1451) (Metric

Act). Section 3 of the Metric Act set a

deadline date of September 30, 1992, for

each Federal Government agency to

begin using the International System of

Units (SI) in procurements, grants, and

other business-related activities, except

to the extent that such use would be

impractical or would likely cause

significant inefficiencies or loss of

markets to United States firms.

In order to comply with the Metric

Act, the FHWA developed a list of

required deadlines for converting to the

metric system which was published as

a notice in the Federal Register on June

11, 1992, at 57 FR 24843. This notice

established that all newly authorized

Federal-aid contracts were to use only

metric units by September 30, 1996. The

National Highway System Designation

Act of 1995 (Pub. L. 104–59, 109 Stat.

568), however, made metric conversion

optional until September 30, 2000.

Although the FHWA will not require the

expenditure of Federal or State funds to

convert sign messages to metric units at

this time, it will proceed with changing

sign sizes and other dimensions to

metric units. Many States have

progressed in their conversion activities

to a point that it is impractical not to

continue the transition into full metric

use.

Most States have indicated that they

will continue with their conversion

activities as planned. Many States are

designing projects in metric and several

projects are already being constructed in

metric. It is the intent of this rulemaking

to assure the States and other FHWA

partners that the metric conversions

used to formulate their plans are

consistent nationwide. Accordingly, the

AASHTO developed and published

‘‘Traffic Engineering Metric Conversion

Factors; Addendum to the Guide to

Metric Conversion, 1993,’’ listing the

conversion values for nationwide

uniformity. Through this document, the

FHWA is adopting the metric

conversion traffic engineering values

established by the AASHTO in the

publications entitled ‘‘Guide to Metric

Conversion,’’ June 1993, and ‘‘Traffic

Engineering Metric Conversion Factors;

Addendum to the Guide to Metric

Conversion, 1993,’’ October 1993.

Included in the ‘‘Guide to Metric

Conversion,’’ June 1993, are metric

values for determining the metric sizes

for signs and pavement markings.

It should be noted that the Manual on

Uniform Traffic Control Devices,

FHWA, 1988 (MUTCD) which has been

incorporated by reference in 23 CFR

Part 655, subpart F, includes, by

reference, the ‘‘Standard Alphabets for

Highway Signs and Pavement

Markings,’’ FHWA, 1977 Edition, and

‘‘Standard Highway Signs,’’ FHWA,

1979 Edition. Both of these documents

are metric editions.

Rreview Procedure

Based on an analysis of public

comments received, the FHWA will

reexamine its determination that the

AASHTO publications adopted by this

rule are acceptable as the basis for the

design of signs and pavement markings

for streets and highways open to public

travel.

Rulemaking Analysis 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,
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29625

unnecessary, or contrary to the public

interest. 5 U.S.C. 553(b)(3)(B). For the

reasons set forth below, the FHWA has

determined that prior notice and

opportunity for comment on this action

are unnecessary and contrary to the

public interest.

The FHWA has determined that prior

notice and opportunity for comment are

unnecessary because the AASHTO

interim metric values documents being

adopted in this rulemaking are

functionally equivalent to and mirror, to

the extent possible, the English

measurements already adopted by the

FHWA pursuant to notice and comment

rulemaking and contained in the

MUTCD, 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. If the exact equivalents

of the design standards had been used,

the metric measurements would have

had to be carried out to as many as six

decimal places. Otherwise, the design

standards themselves would have had to

be significantly raised or lowered in

order to accommodate ‘‘round’’ metric

measurements. Instead, in drafting its

metric document, the AASHTO

‘‘rounded off’’ the English

measurements in order to allow easier

conversions to metric measurements,

and to assure that traffic control devices

that meet current design standards will

also meet the proposed metric unit

standards.

We expect these particular metric

values to be used on an interim basis

only until the MUTCD, with design

values converted to the metric system,

is adopted and published. This future

MUTCD, expected to be published in

1998, will constitute the FHWA’s policy

on the design for traffic control signs

and pavement markings for use on all

streets and highways open to public

travel.

The FHWA has also determined that

publication of a notice of proposed

rulemaking would be contrary to the

public interest. The FHWA’s Metric

Conversion Policy, published in the

Federal Register on June 11, 1992 (57

FR 24843), provides that newly

authorized Federal Lands Highway and

Federal-aid construction contracts must

be in metric units by September 30,

1996. The National Highway System

Designation Act of 1995 made metric

conversion activities optional until

September 30, 2000. Planning for metric

projects is underway, and metric

projects are already being constructed.

To this end, the States and other FHWA

partners need to know now that the

metric conversions used to formulate

their plans will match the FHWA’s

conversions.

Moreover, prior notice and

opportunity for comment are not

required under the Department of

Transportation’s Regulatory Policies and

Procedures because it is not anticipated

that such action will result in the

receipt of useful information. The

FHWA has determined that the

AASHTO interim metric values come as

close as possible to retaining the English

measurements already adopted by the

FHWA pursuant to notice and comment

rulemaking, and express adoption of

these metric values now provides

necessary certainty and continuity for

States and other FHWA partners,

including highway construction

contractors.

The APA also allows agencies, upon

a finding of good cause, to make a rule

effective immediately and avoid the 30-

day delayed effective date requirement.

5 U.S.C. 553(d)(3). The FHWA has

determined that good cause exists to

make this rule effective upon

publication because the rule provides

information to States for their use in

contracting with private contractors for

the construction of highways. Most of

the States have indicated they will be

using metric by September 30, 1996.

Making this rule effective upon

publication will enable States to begin

incorporating metric units now. No

good purpose would be served by

delaying the effective date of this rule.

Nevertheless, public comment is

solicited on this action. Comments

received will be carefully considered in

evaluating whether any change to this

action is needed.

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. As stated previously, the

FHWA has determined that the interim

metric values selected by the AASHTO

documents are functionally equivalent

to English system measurements

previously adopted by notice and

comment rulemaking. It is anticipated

that the economic impact of the

rulemaking will be minimal; therefore, a

full regulatory evaluation is not

required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act (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 a

substantial number of small entities. As

stated above, the FHWA made this

determination based on the fact that the

interim metric values selected are

functionally equivalent to the English

system values they replace.

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 separate federalism

assessment. This rule does not impose

additional costs or burdens on the

States, including the likely source of

funding for the States, nor does it affect

the ability of the States to discharge

traditional State government functions.

This document assists the States in their

continuing efforts to come into

compliance with the requirements of the

Metric Act within the established

deadline.

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 1995, 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
29626 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

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, Reporting

and recordkeeping requirements.

In consideration of the foregoing, the

FHWA amends Chapter I of Title 23,

Code of Federal Regulations, Part 655 as

set forth below.

Issued on: May 28, 1996.

Rodney E. Slater,

Federal Highway Administrator.

The FHWA hereby amends 23 CFR

Part 655 as follows:

PART 655—TRAFFIC OPERATIONS

1. The authority citation for Part 655

is revised 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 49 CFR 1.48(b).

Subpart F—[Amended]

2. Section 655.601 is amended by

revising paragraphs (c) and (d) revised

to read as follows:

§ 655.601 Purpose.

* * * * *

(c) Guide to Metric Conversion,

AASHTO, 1993. 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 North Capitol Street, NW.,

Suite 700, Washington, DC. This

document is available for inspection as

provided in 49 CFR part 7, appendix D.

It may be purchased from the American

Association of State Highway and

Transportation Officials, Suite 225, 444

North Capitol Street, NW., Washington,

DC 20001.

(d) Traffic Engineering Metric

Conversion Factors; Addendum to the

Guide to Metric Conversion, AASHTO,

October 1993. 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 North Capitol Street, NW.,

Suite 700, Washington, DC. This

document is available for inspection as

provided in 49 CFR part 7, appendix D.

It may be purchased from the American

Association of State Highway and

Transportation Officials, Suite 225, 444

North Capitol Street, NW., Washington,

DC 20001.

* * * * *

[FR Doc. 96–14613 Filed 6–10–96; 8:45 am]

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