[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29624-29626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14613]
[[Page 29623]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Highway Administration
_______________________________________________________________________
23 CFR Part 655
National Standards for Traffic Control Devices; Metric Conversion;
Final Rule
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules
and Regulations
[[Page 29624]]
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.
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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 self-addressed, 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 five-year 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,
[[Page 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
[[Page 29626]]
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:
Sec. 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]
BILLING CODE 4910-22-P
