[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Rules and Regulations]
[Pages 8350-8351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4171]
[[Page 8350]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 655
[FHWA Docket No. FHWA-97-2314]
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: Final amendment to Part VI of the Manual on Uniform Traffic
Control Devices (MUTCD).
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SUMMARY: This document contains an amendment to Part VI of the Manual
on Uniform Traffic Control Devices (MUTCD) which has been adopted by
the FHWA. The amendment revises the section of the MUTCD concerning
temporary traffic signals in order to permit the use of certain
temporary signaling 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.
DATES: The final rule is effective February 19, 1998. Incorporation by
reference of this amendment is approved by the Director of the Federal
Register as of February 19, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of
Highway Safety (HHS-10), (202) 366-2193, or Mr. Wilbert Baccus, Office
of the Chief Counsel, (202) 366-0780, Federal Highway Administration,
400 Seventh Street, SW., Washington, DC 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 MUTCD is available for inspection and
copying as prescribed in 49 CFR part 7, appendix D. The MUTCD (1988
Edition) which includes Part VI (Revision 3, dated 1993) may be
purchased for $44 (Domestic) or $55 (Foreign) from the Superintendent
of Documents, U.S. Government Printing Office, P.O. Box 371954,
Pittsburgh, PA 15250-7954, Stock No. 650-001-00001-0.
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 VI-82(C)).
This amendment contains a revision 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 Part VI are
contained in FHWA docket number 89-1, Notice No. 7, published at 58 FR
65084 on December 10, 1993.
The text change resulting from this amendment to the MUTCD has been
titled ``1988 MUTCD Revision 4a (modified).'' It will be available from
the Government Printing Office (GPO), Superintendent of Documents, P.O.
Box 371954, Pittsburgh, PA 15250-7954. Everyone currently appearing on
the FHWA, Office of Highway Safety, Federal Register mailing list will
be sent a copy. Those who want to be added to this mailing list should
write to FHWA, Office of Highway Safety, HHS-10, 400 Seventh Street,
SW., Washington, DC. 20590.
Summary of Comments
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.
On January 4, 1995, the FHWA published an interim final rule and
request for comments that allowed the use of temporary traffic signals
that employ new technology that will guard against conflicting GREEN
indications at each end of the temporary traffic control zone.
The FHWA received a total of seven comments pertaining to this
amendment. Four of the comments were in favor of the amendment. The
major concerns of the three opposing comments relate to the following:
1. Proper signal operation during power failure;
2. Proper signal operation during possible equipment
malfunction;
3. Proper signal operation at construction sites where serious
vandalism occurred at one end of a two-lane, two-way traffic
operation;
4. The extent of a State's obligation to determine if safeguards
are in place to avoid the display of conflicting signals at each end
of the temporary traffic control zone; and
5. The need to avoid the possibility of green/green conflict.
The FHWA agrees with the concerns of the opposing comments. To
address the concerns of the opposing comments, FHWA will revise section
6F-8C to allow new traffic signal technology, to require traffic
signals to guard against conflicting GREEN indications, and to use
conflict monitors or other similar technology to guard against signal
malfunctions whenever the distance between traffic signals is long or
restricted. Based on the comments, the last paragraph in section 6F-8C,
as revised and adopted by the FHWA in this final rule, reads as
follows:
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
possibility of GREEN/GREEN conflict at each end of the temporary
traffic control zone, the traffic signal shall be either hard-wired,
controlled by radio signals, operated manually, or designed to
employ other technology that will not allow conflicting signal
displays. Whenever the distance between traffic signals is long or
restricted, the use of conflict monitors or similar electronic
technology that is typically used in traditional traffic signal
operations should be considered.
This revised language in section 6F-8C allows the use of new and
innovative technology to coordinate signal displays and does not
endorse a particular product. It ensures, however, that the concerns of
the three opposing individuals must be addressed by all traffic signal
manufacturers, regardless of methods used to coordinate signal
displays.
Rulemaking Analyses and Notices
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. It is anticipated that the economic
impact of this rulemaking would be minimal. The changes proposed in
this notice provide additional guidance, clarification, and optional
applications for traffic control devices. The FHWA expects that
application uniformity will improve at little additional expense to
public
[[Page 8351]]
agencies or the motoring public. 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 this proposed
action on small entities, including small governments. This final
amendment allows the use of some alternative traffic control devices
and the changes adopted here merely provide expanded guidance and
clarification on the selection of appropriate traffic control devices.
Based on this evaluation, the FHWA hereby certifies that this action
will not have a significant economic impact on a substantial number of
small entities.
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 will 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. These 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. To the extent that these amendments override any existing
State requirements regarding traffic control devices, they do so in the
interests 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 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 does 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 655
Design standards, Grant programs--transportation, Highways and
roads, Incorporation by reference, Signs, Traffic regulations.
Issued on: February 11, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.
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 49 CFR 1.48(b).
Subpart F--Traffic Control Devices on Federal-Aid and Other Streets
and Highways [Amended]
Sec. 655.601 [Amended]
2. Section 655.601 is amended by revising paragraph (a) to read as
follows:
* * * * *
(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, ``Errata No. 1 to the 1988 MUTCD, Revision No. 3,''
Revision No. 4 dated November 1, 1994, Revision No. 4a (modified) dated
February 19, 1998, and Revision No. 5 dated December 24, 1996. 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, N.W., 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), P.O. Box 371954, Pittsburgh, PA 15250-7954 and
has Stock No. 650-001-00001-0. 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, ``1988 MUTCD Errata No. 1 to Revision No. 3,''
dated November 1, 1994, ``1988 MUTCD Revision No. 4,'' dated November
1, 1994, ``Revision No. 4a (modified),'' dated February 19, 1998, and
``1988 MUTCD Revision No. 5,'' dated December 24, 1996, are available
from the Federal Highway Administration, Office of Highway Safety, HHS-
10, 400 Seventh Street, SW., Washington, DC 20590. These documents are
available for inspection and copying as prescribed in 49 CFR part 7,
appendix D.
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[FR Doc. 98-4171 Filed 2-18-98; 8:45 am]
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