Revision of the Manual On Uniform Traffic Control Devices; Regulatory Signs, Low Volume Rural Roads, and Traffic Control for Highway-Rail Grade Crossings

Federal RegisterDec 21, 1999

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-99-6298]

RIN 2125-AE66

Revision of the Manual On Uniform Traffic Control Devices;

Regulatory Signs, Low Volume Rural Roads, and Traffic Control for

Highway-Rail Grade Crossings

AGENCY: Federal Highway Administration (FHWA), DOT

ACTION: Notice of proposed amendments to the Manual on Uniform Traffic

Control Devices (MUTCD); request for comments.

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SUMMARY: The MUTCD is incorporated by reference in 23 CFR part 655,

subpart F, approved by the Federal Highway Administrator, and

recognized as the national standard for traffic control on all public

roads. The FHWA announced its intent to rewrite and reformat the MUTCD

on January 10, 1992, at 57 FR 1134.

This document proposes new text for the MUTCD in Chapter 2B--

Regulatory Signs, Part 5--Traffic Control Devices for Low-Volume Rural

Roads, and Part 8--Traffic Control for Highway-Rail Grade Crossings

(update information). The purpose of this rewrite effort is to reformat

the text for clarity of intended meanings, to include metric dimensions

and values for the design and installation of traffic control devices,

and to improve the overall organization and discussion of the contents

in the MUTCD. The proposed changes included herein are intended to

expedite traffic, promote uniformity, improve safety, and incorporate

technology advances in traffic control device application.

DATES: Submit comments on or before June 30, 2000.

ADDRESSES: Signed, written comments should refer to the docket number

that appears at the top of this document and must be submitted to the

Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,

Washington, DC 20590-0001. All comments received will be available for

examination at the above address between 9 a.m. and 5 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: For information regarding the notice

of proposed amendments contact Ms. Linda Brown, Office of

Transportation Operations, Room 3408, (202) 366-2192, or Mr. Raymond

Cuprill, Office of Chief Counsel, Room 4217, (202) 366-0834, Department

of Transportation, Federal Highway Administration, 400 Seventh Street,

SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

[[Page 71359]]

Electronic Access

Internet users may access all comments received by the U.S. DOT

Dockets, Room PL 401, by using the universal resource locator (URL):

http/dms.dot.gov. It is available 24 hours each day, 365 days each

year. Please follow the instructions online for more information and

help. An electronic copy of this notice of proposed amendment may be

downloaded using a modem and suitable communications software from the

Government Printing Office's Electronic Bulletin Board Service at (202)

512-1661. Internet users may reach the Office of the Federal Register's

home page at: http://www.nara.gov/fedreg and the Government Printing

Office's database at: http://www.access.gpo.gov/nara.

The text for the proposed sections of the MUTCD is available from

the FHWA Office of Transportation Operations (HOTO-1) or from the FHWA

Home Page at the URL: http://www.fhwa.dot.gov/operations/mutcd. Please

note that the current proposed sections contained in this docket for

MUTCD Chapters 2B, Part 5, and Part 8 will take approximately 8 weeks

from the date of publication before they will be available at this web

site.

Background

The 1988 MUTCD with its revisions are available for inspection and

copying as prescribed in 49 CFR Part 7. It may be purchased for $57.00

(Domestic) or $71.25 (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. This notice is being issued to provide

an opportunity for public comment on the desirability of proposed

amendments to the MUTCD. Based on the comments received and its own

experience, the FHWA may issue a final rule concerning the proposed

changes included in this notice.

The National Committee on Uniform Traffic Control Devices (NCUTCD)

has taken the lead in this effort to rewrite and reformat the MUTCD.

The NCUTCD is a national organization of individuals from the American

Association of State Highway and Transportation Officials (AASHTO), the

Institute of Transportation Engineers (ITE), the National Association

of County Engineers (NACE), the American Public Works Association

(APWA), and other organizations that have extensive experience in the

installation and maintenance of traffic control devices. The NCUTCD

voluntarily assumed the arduous task of rewriting and reformatting the

MUTCD. The NCUTCD proposal is available from the U.S. DOT Dockets (see

address above). Pursuant to 23 CFR Part 655, the FHWA is responsible

for approval of changes to the MUTCD.

Although the MUTCD will be revised in its entirety, it is being

completed in phases due to the enormous volume of text. The FHWA

reviewed the NCUTCD's proposal for MUTCD Part 3--Markings, Part 4--

Signals, and Part 8--Traffic Control for Highway-Rail Intersections.

The summary of proposed changes for Parts 3, 4, and 8 was published as

Phase 1 of the MUTCD rewrite effort in a previous notice of proposed

amendment dated January 6, 1997, at 62 FR 691. The FHWA reviewed the

NCUTCD's proposal for Part 1--General Provisions and Part 7--Traffic

Control for School Areas. The summary of proposed changes for Parts 1

and 7 was published as phase 2 of the MUTCD rewrite effort in a

previous notice of proposed amendment dated December 5, 1997, at 62 FR

64324. The FHWA reviewed the NCUTCD's proposal for Chapter 2A--General

Provisions and Standards for Signs, Chapter 2D--Guide Signs for

Conventional Roads, Chapter 2E--Guide Signs--Freeways and Expressways,

Chapter 2F--Specific Service Signs, and Chapter 2I--Signing for Civil

Defense. The summary of proposed changes for Chapters 2A, 2D, 2E, 2F,

and 2I was published as Phase 3 of the MUTCD rewrite effort in a

previous notice of proposed amendment dated June 11, 1998, at 63 FR

31950. The summary of proposed changes for Chapters 2G--Tourist

Oriented Directional Signs, Chapter 2H--Recreational and Cultural

Interest Signs, and Part 9--Traffic Control for Bicycles was published

as Phase 4 of the MUTCD rewrite effort in a previous notice of proposed

amendment dated June 24, 1999, at 64 FR 33802. The summary of proposed

changes for Chapter 2C--Warning Signs and Part 10--Traffic Control for

Highway-Light Rail Transit Grade Crossings was published as Phase 5 of

the MUTCD rewrite effort in a previous notice of proposed amendment

dated June 24, 1999, at 64 FR 33806.

This notice of proposed amendments is Phase 6 of the MUTCD rewrite

effort and includes the summary of proposed changes for MUTCD Chapter

2B, Part 5, and update information for previously published proposed

changes to Part 8. The public will have an opportunity to review and

comment on the remaining parts of the MUTCD in a future notice of

proposed amendment. The remaining parts include Part 6--Traffic Control

for Construction, Maintenance, Utility, and Incident Management and

updates to the following previously published parts of the MUTCD: Part

1--Definitions; Part 3-- Markings; and Part 4--Signals.

The proposed new style of the MUTCD would be a 3-ring binder with

8-\1/2\ x 11 inch pages. Each part of the MUTCD would be printed

separately in a bound format and then included in the 3-ring binder. If

someone needed to reference information on a specific part of the

MUTCD, it would be easy to remove that individual part from the binder.

The proposed new text would be in column format and contain four

categories as follows: (1) Standards--representing ``shall''

conditions; (2) Guidance--representing ``should'' conditions; (3)

Options--representing ``may'' conditions; and (4) Support--representing

descriptive and/or general information. This new format would make it

easier to distinguish standards, guidance, and optional conditions for

the design, placement, and application of traffic control devices. The

adopted final version of the new MUTCD will be in metric and English

units. Dual units will be shown in the MUTCD particularly for speed

limits, guide sign distances, and other measurements which the public

must read.

The FHWA invites comments on the proposed text for MUTCD chapter

2B, part 5, and part 8 update. A summary of the proposed significant

changes contained in these sections are included in the following

discussion:

Discussion of Proposed Amendments to Chapter 2B--Regulatory Signs

The following items are the most significant proposed revisions to

Chapter 2B:

1. In Section 2B.1, the FHWA proposes to delete the sentence

indicating that all regulatory signs shall be retroreflective or

illuminated since this information is covered in Section 2A.8 which

provide general requirements for all signs, including regulatory signs.

2. In Section 2B.3, the FHWA proposes to include an explanation of

when various sign sizes should be used based on the roadway

classification. This information is currently shown in the ``Standard

Highway Signs'' book.1 However, we believe it is worth

mentioning in the MUTCD text as well.

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\1\ ``Standard Highway Signs,'' FHWA, 1979 (Metric) is included

by reference in the 1988 MUTCD. It is available for inspection and

copying at the FHWA Washington Headquarters and all FHWA Division

Offices as prescribed at 49 CFR part 7.

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3. In Section 2B.3, the FHWA proposes to add Table 2B.1 which

[[Page 71360]]

shows the sign codes, the standard sign sizes, and applicable MUTCD

sections for more detailed information. The FHWA believes that having

this information in a table format will provide an easy and quick

reference for the readers. In an effort to improve sign visibility, the

FHWA also proposes to increase the standard letter size for the

following signs:

Table Showing Signs With Proposed Increased Standard Letter Sizes

----------------------------------------------------------------------------------------------------------------

Sign Code Proposed standard size

----------------------------------------------------------------------------------------------------------------

Two-Way Left Turn Only....... R3-9b........................ 750mm x 1050mm (30'' x 42'').

Center Lane Buses and HOV 2+ R3-11........................ 1050mm x 1500mm (42'' x 60'').

Only.

Do Not Enter................. R5-1......................... 900mm x 900mm (36'' x 36'').

Pedestrians and Bicycles R5-10b....................... 900mm x 600mm (36'' x 24'').

Prohibited.

Pedestrians Prohibited....... R5-10c....................... 750mm x 450mm (30'' x 18'').

One Way...................... R6-1......................... 900mm x 900mm (36'' x 36'').

One Way...................... R6-2......................... 900mm x 900mm (36'' x 36'').

Divided Highway.............. R6-3 and 3a.................. 900mm x 900mm (36'' x 36'').

No Parking/Restricted Times.. R7-200....................... 500mm x 450mm (20'' x 18'').

Hitch Hiking Prohibited R9-4a........................ 600mm x 600mm (24'' x 24'').

(symbol).

Left on Green Arrow Only..... R10-5........................ 900mm x 1200mm (36'' x 48'').

Use Lane with Green Arrow.... R10-8........................ 750mm x 900mm (30'' x 36'').

Left (Right) Turn Signal..... R10-10....................... 750mm x 900mm (30'' x 36'').

Left Turn Yield on Green Ball R10-12....................... 750mm x 900mm (30'' x 36'').

No Trucks Over 7000 lbs Empty R12-3........................ 750mm x 900mm (30'' x 36'').

Weight.

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4. In Section 2B.4, paragraph 2, the FHWA proposes to require the

use of the 4-WAY supplemental plaque (R1-3) at intersections where all

approaches are controlled by STOP signs. In the 1988 MUTCD this was a

recommended practice. However, the FHWA believes that due to the

increased aggressive driving behavior, disregard of STOP signs, and the

hazardous nature of these type intersections, the required use of the

4-WAY supplemental plaque will provide additional emphasis and motorist

information at these locations.

5. In Section 2B.5, the FHWA proposes to change the title from

``Warrants for Stop Signs'' to ``Stop Sign Application.'' This proposed

change attempts to eliminate the misunderstanding created by the term

``warrants'' which has a ``legal sanctions'' connotation. The GUIDANCE

provided in Section 2B.5 for installing STOP signs is not intended to

be a legal sanction or authorization, but instead is intended to list

possible situations where these signs could be appropriate based on an

engineering study.

6. In Section 2B.5, paragraph 6, the FHWA proposes to add GUIDANCE

to describe the appropriate street to stop traffic in a two-way STOP

control situation.

7. In Section 2B.5, paragraph 7, the FHWA proposes to include

considerations that may help engineers and other transportation

officials decide the appropriate street to install STOP signs at 2-WAY

STOP intersections.

8. In Section 2B.5, paragraph 9, the FHWA proposes to include

SUPPORT information to clarify to the reader that restrictions on the

use of STOP signs as discussed in section 2B.5 also apply to Multiway

STOP signs (section 2B.7).

9. In Section 2B.6, paragraph 4, the FHWA proposes to change the

following sentence from an OPTION condition to a GUIDANCE condition:

``Stop lines, when used to supplement a STOP sign, should be located at

the point where the road user should stop.'' The use of pavement

markings helps to reinforce sign and other traffic control device

messages. We believe that recommending the use of the STOP line

provides the road user with additional information on which to make

safe traffic operation decisions.

10. In Section 2B.6, paragraph 5, the FHWA proposes to add a

sentence which states that STOP signs should not be placed on the far-

side of the intersection. Although this is not new guidance and is

shown in many of the typical figures in the 1988 MUTCD, we believe that

it is appropriate to include this proposed text to eliminate any

ambiguity.

11. In Section 2B.7, the FHWA proposes to add the word

``application'' to the title since this term is more descriptive of the

information contained in this section on multi-way stop signs. In

Section 2B.7, paragraph 2, the FHWA proposes to add GUIDANCE to

recommend that the decision to install Multiway Stop signs should be

based on an engineering study.

12. In Section 2B.7, paragraph 2, the FHWA proposes to specifically

state that the decision to install multi-way stop signs should be based

on an engineering study. Although this recommended GUIDANCE is usually

followed, the FHWA believes it is appropriate to include this general

practice in the MUTCD text.

13. In Section 2B.7, paragraph 3, the FHWA also proposes to

recommend criteria that should be considered in the engineering study.

This proposed change also eliminates the misunderstood term

``warrants'' and uses instead the term ``engineering study.'' The

recommended criteria are generally consistent with the text in the 1988

MUTCD except for the following proposed changes:

(a) In item 3a which discusses minimum vehicle volumes at

intersections where multiway stop signs are considered, the FHWA

proposes to change ``500 vehicles per hour'' to ``300 vehicles per

hour.'' This proposed change allows more consideration flexibility and

allows more intersections to qualify for multiway stop sign

installlations.

(b) In item 3b, the FHWA proposes to add bicycle volumes to the

combination volume studies of vehicles and pedestrians. Bicycle travel

is one of the FHWA's program emphasis areas identified in our strategic

plan. The FHWA believes that bicycle travel should be an integral part

of traffic control considerations.

(c) In item 4, the FHWA proposes to provide a means for combining

data on the accident experience and volume counts when considering the

installation of multiway stop signs.

14. The discussion in Section 2B.7, paragraph 3, provides primary

criteria for consideration when installing Multiway Stop signs. In

Section 2B.7, paragraph 4, the FHWA proposes to include additional

supporting criteria for consideration. Also in paragraph 4,

[[Page 71361]]

the FHWA proposes to add a crosss-reference to a proposed new section

2C.31 which discusses the optional use of a new ``CROSS TRAFFIC DOES

NOT STOP sign'' at multiway stop intersections. This proposed sign may

be used where engineering study indicates drivers frequently mistake 2-

way and multiway stop controlled intersections.

15. The FHWA proposes to separate the discussion on Yield signs to

cover general design and purpose for Yield signs (Section 2B.8);

``Yield Sign Application'' (Section 2B.9); and ``Yield Sign Placement''

(Section 2B.10). This proposed change also avoids the use of the

misunderstood term ``warrants.''

16. In Section 2B.10, paragraph 2, the FHWA proposes to change the

following sentence from a GUIDANCE condition to a STANDARD condition:

``The YIELD sign shall be located as close as practical to the

intersection it regulates, while optimizing its visibility to the road

user.'' The FHWA believes that enhancing sign visibility will help

improve intersection safety and reduce intersection crashes. This same

change is proposed for STOP signs in Section 2B.6, paragraph 2.

17. In Section 2B-8 of the 1988 MUTCD, the following sentence was

included: ``YIELD signs should not be used on the through roadway of

expressways.'' The FHWA proposes not to include this sentence in the

new Section 2B.10, ``Yield Sign Application.'' The reason for not

including this sentence is to avoid potential conflict with YIELD signs

installed at signalized intersections on expressways for the purpose of

controlling right-turn movements.

18. In Section 2B.11, paragraph 2, the FHWA proposes the following

revisions to help clarify the design and application of the Truck Speed

Sign. The ``TRUCKS 40'' sign currently shown in the 1988 MUTCD is

intended to be the supplemental plaque message that is required for use

below the Speed Limit Sign (R2-1). The FHWA proposes to assign the

``TRUCKS 40'' supplemental plaque the sign code (R2-2P). The R2-2P

supplemental plaque is not to be used independently. The FHWA also

proposes to clarify that the legend ``TRUCKS 40'' may also be included

within the same panel as the Speed Limit Sign (R2-1).

In addition to the above clarification, the FHWA proposes to modify

the 1988 MUTCD to explain that a Truck Speed Sign (R2-2) contains the

legend ``TRUCKS 40 MPH'' or ``TRUCK SPEED 40'' and is used

independently. The FHWA proposes to develop a design drawing for the

R2-2 independent Truck Speed Sign and to include the design in the

``Standard Highway Signs'' book.

19. In Section 2B.11, paragraph 3, the FHWA proposes to designate 3

as the maximum number of speed limits displayed on any one speed limit

sign or assembly sign. In the 1988 MUTCD this was recommended GUIDANCE.

The FHWA proposes to change this to STANDARD practice because 3 speed

limits is the maximum amount of information that the road user can

safely read and comprehend.

20. In Section 2B.12, Paragraph 2, the FHWA proposes to add another

option for day and night speed limits using changeable message signs

that change for traffic and ambient conditions provided that the

appropriate speeds are shown at the proper times. This proposed change

will allow Intelligent Transportation Systems (ITS) technology for

changeable message signs.

21. In Section 2B.14, paragraph 6, the FHWA proposes to include an

optional method for installing Reduced Speed Ahead (R2-5 series) signs

which are intended to advise road users of the appropriate speed limit

change ahead. The proposed optional method discussed in item 2 was

submitted by the Minnesota Department of Transportation. The proposed

optional method would use an assembly consisting of the Speed Limit

Sign (R2-1) with the supplemental legend plaque ``BEGIN'' mounted above

the R2-1 sign and the supplemental distance plaque (\1/4\ mile, etc.)

mounted below the R2-1 sign. The recommended color for the supplemental

plaques is yellow.

22. In Section 2B.15, the FHWA proposes to combine the discussion

for the Turn Prohibition and the U-Turn Prohibition signs into one

section since they are both related.

23. In Section 2B.15, paragraph 1, the FHWA proposes to reword this

sentence and classify it as a STANDARD since the Turn Prohibition Signs

(R3-1 to R3-4) are the appropriate and standard signs for use where

turns are prohibited.

24. In Section 2B.15, paragraph 5, the FHWA proposes to change the

condition for installing turn prohibition signs (R3-1 to R3-4) adjacent

to a signal face from an OPTION to GUIDANCE. In situations where

signals are present, placing the turn prohibition sign adjacent to the

signal face is recommended because it enhances the sign's visibility

and improves the road user's ability to see the sign placed in this

overhead position.

25. In Section 2B.15, paragraph 6, in addition to recommending the

installation of an overhead-mounted turn prohibition sign at signalized

intersections, the FHWA proposes to include a sentence stating that

installing a post-mounted turn prohibition sign to supplement the

overhead sign is an OPTION.

26. In Section 2B.16, paragraph 2, the FHWA proposes to add a new

Intersection Lane Control Sign (R3-5a) which may be used to explain to

road users that they must stay in the same lane and proceed straight

through an intersection.

27. In Section 2B.16, paragraph 3, the FHWA proposes to add a new

requirement that whenever lane use control signs are installed, lane-

use pavement markings shall also be installed. This requirement would

apply whether the lane-use control message was for mandatory or

optional traffic movements. In the 1988 MUTCD the use of pavement

markings was recommended, but not required, for mandatory movement

situations only. This proposed change to require lane-use pavement

markings and signs in both mandatory and optional traffic movement

situations will benefit the road users by providing additional

information to assist them in the decisionmaking tasks involved with

perceiving and executing safe and appropriate traffic maneuvers. This

proposed change is also consistent with the proposed text for

mandatory-turn pavement markings discussed in Chapter 3B.12. Requiring

pavement markings along with lane-use control signs means that road

users who may not see the sign (particularly ground-mounted signs) may

have an opportunity to see the pavement marking and react accordingly.

This is a practice that is successfully used in Europe and it is called

``horizontal signing.'' European traffic engineers have found that the

redundancy provided by horizontal signing is a very important element

of attaining and improving both traffic efficiency and safety for road

users. The FHWA proposes a 10 year compliance period based on the

effective date of the MUTCD final rule. This would allow States time to

implement this proposed change.

28. In Section 2B.16, paragraphs 6 and 7, the FHWA proposes to add

language to distinguish between when overhead and ground mounted

intersection lane-use control signs are used. The following language is

proposed: ``When the number of through lanes for an approach is two or

less, the intersection lane-use control signs (R3-5, R3-6, or R3-8) may

be either overhead or ground mounted. When the number of approach lanes

is three or more, these intersection

[[Page 71362]]

lane-use control signs should be mounted overhead.'' This proposed

change considers the visibility needs of the road user based on the

number of lanes at the intersection approach, particularly in

situations where the road user's view may be obstructed by other

vehicles in the adjacent lanes.

29. The FHWA proposes to add a new Section 2B.17 that specifically

addresses the standard application and placement location for mandatory

movement lane-use control signs (R3-5 and R3-7). The FHWA proposes to

clarify the placement location for these signs. In paragraph 1, the

FHWA proposes to clarify that the word message ``LEFT LANE MUST TURN

LEFT'' (R3-7) sign shall be for ground mounting only.

In paragraph 3, the FHWA proposes to change the 1988 MUTCD text to

indicate that the ``LEFT OR RIGHT TURN ONLY'' (R3-5) symbol sign can be

either ground mounted or overhead mounted. This is also consistent with

the proposed language in Section 2B.15, paragraph 5. In paragraph 3,

the FHWA also proposes to add a new design standard for the R3-5 symbol

sign. A proposed word message plaque LEFT LANE, CENTER LANE, etc. would

be required below the R3-5 symbol sign so that the road user will know

which lane applies to the sign.

30. In Section 2B-18, the FHWA proposes to expand the discussion on

the Optional Movement Lane-Use Control (R3-6) sign and include the

discussion in a new separate section. In paragraph 1, the FHWA proposes

to specifically state that the Optional Movement Lane-Use Control (R3-

6) sign shall be installed at the intersection location.

In paragraph 2, the FHWA proposes to specifically state that the

Optional Movement Lane-Use Control (R3-6) sign shall indicate all

permissible lane movements at the intersection.

31. In Section 2B.19, the FHWA proposes to classify the Double Turn

Lane-Use Control (R3-8) sign as an Advance Intersection Lane-Use

Control sign. The FHWA also proposes to provide placement guidance that

indicates the R3-8 sign would be installed in advance of the tapers or

at the beginning of the turn lane so that road users can determine in

advance their appropriate vehicle placement for lane changes.

32. The FHWA proposes to add a new Section 2B.21, ``Reversible Lane

Control Signs.'' The use of reversible lane traffic control is a

practice which is commonly used throughout the United States and it is

appropriate for the MUTCD to provide design, application, and placement

information.

In paragraph 1, the FHWA proposes to add a discussion on the

purpose and use of the Reversible Lane Control signs (R3-9c to R3-9i).

A diagram of these new signs are shown in the proposed text for section

2B.20. The FHWA also proposes to include a statement that the

reversible lane control signs may be either static or changeable

message signs. The FHWA supports the use of changeable message signs

especially in situations where real time motorist information is needed

for changing traffic conditions.

33. In Section 2B.21, paragraph 2, although the Reversible Lane

Control signs may be either ground or overhead mounted, the FHWA

proposes to require that when ground mounted Reversible Lane Control

signs are used, they shall be used as a supplement to overhead signs or

signals. The ground mounted sign will provide the road user with

additional information and an added opportunity to view the sign

message and react accordingly.

34. In Section 2B.21, paragraph 3, the FHWA proposes to require the

use of Reversible Lane Control signs at locations where it is

determined by a traffic engineering study that lane use control signals

or barriers are not necessary to operate a reversible lane.

35. There are times when jurisdictions responsible for traffic

control may want to exercise the option of installing only pavement

markings and reversible lane control signs rather than lane control

signals to reverse traffic flow. In Section 2B.21, paragraph 4, the

FHWA proposes 3 conditions that must be considered before a decision is

made to reverse traffic flow with the use of only pavement markings and

reversible lane control signs.

36. In Section 2B.21, paragraph 5, the FHWA proposes to refer the

reader to a new Table 2B.2 which describes the meanings of symbols and

legends used on reversible lane control signs. In paragraph 5 through

8, the FHWA proposes to provide a discussion for the appropriate design

principles of reversible lane control signs.

37. In Section 2B.21, paragraphs 9 through 12, the FHWA proposes to

provide a discussion for the appropriate placement principles for

reversible lane control signs. The new signs R3-9g, R3-9h are proposed

for advance reversible lane control application and the R3-9i sign is

proposed for use at the termination of the reversible lane control.

38. In Section 2B.21, paragraph 13, the FHWA proposes to require

that the Turn Prohibition signs be mounted overhead and separate from

the Reversible Lane Control signs. In paragraph 14, the FHWA proposes

to recommend that when the Turn Prohibition signs are used, a message

stating the distance of the prohibition (example, NEXT 1 MILE) should

be included on the sign.

39. In Section 2B.21, paragraph 17, the FHWA proposes to recommend

that where left turning vehicles may impact the traffic safety and

operational efficiency of reversible lanes, consideration should be

given to prohibiting left and U-turns for a specified time period.

40. In Section 2B.26, the FHWA proposes to change the title from

``Signs for Uphill Traffic Lanes'' to ``Slow Moving Traffic Lane

Signs.'' Since slow moving traffic is not only attributed to ``uphill''

roadway conditions, the FHWA proposes to delete the reference to uphill

traffic and use the term ``slow moving traffic'' instead.

41. In Section 2B.26, paragraph 2, the FHWA proposes to recommend

that the TRUCK LANE XX FEET sign (R4-6) should be installed in advance

of the TRUCKS USE RIGHT LANE (R4-5) sign. In the 1988 edition of the

MUTCD this is an optional condition which means that the sign may or

may not be installed. The FHWA believes that changing this to a

recommended condition will provide the road user with important

advanced information that will aid in the driver's decisionmaking task.

42. In Section 2B.26, paragraph 3, the FHWA proposes to add a

sentence to explain that the SLOWER TRAFFIC KEEP RIGHT sign (R4-3) may

be used as a supplement or alternative to the TRUCKS USE RIGHT LANE

sign (R4-5). This is particularly useful in situations where the slower

traffic may not be just truck traffic.

43. In Section 2B.29, paragraph 1, the FHWA proposes to include a

reference to direct readers to Figure 2-5a which shows the signing and

pavement marking treatments for divided highway intersections with

medians 9 m (30 ft.) or wider. The FHWA proposes to revise the figure

shown in the 1988 MUTCD. The figure currently shown in the 1988 MUTCD

shows two diagrams: one for divided highways with medians less than 9 m

(30 ft.) and one for divided highways with medians 9 m (30 ft.) or

wider. The proposed new figure for medians 9 m (30 ft.) or wider is

expanded to show stop lines, wrong-way pavement markings, and pavement

markings which show the vehicle turning path. This figure was one of

the recommendations included in the ``Older Driver Highway Design

[[Page 71363]]

Handbook.'' 2 It is intended to reduce the potential for

wrong-way movements for drivers turning left from the minor roadway.

This proposed figure is shown in the proposed text for Chapter 2B for

docket comment purposes. If adopted, it will replace the figure

currently shown in Chapter 2A.

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\2\ ``Older Driver Highway Design Handbook,'' Report No. FHWA-

RD-99-045, available from the FHWA Research and Technology Report

Center, 9701 Philadelphia Court,Unit Q, Lanham, Maryland 20706.

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44. In Section 2B.30, paragraph 6, the FHWA proposes to clarify

that the PEDESTRIAN PROHIBITED signs (R9-3a or R5-10c) should be

installed so as to be clearly visible to pedestrians at a location

where an alternative route or path is available. Pedestrian safety is a

program emphasis area for the FHWA and we believe that this proposed

change will help reduce the potential for pedestrians to walk in unsafe

areas.

45. In Section 2B.31, paragraph 2, the FHWA proposes to change the

recommendation regarding placement of the One Way signs (R6-1 and R6-2)

to a requirement. The FHWA believes that requiring the placement of the

One Way sign parallel to the one-way street at all alleys or roadway

intersections to one way streets will: (1) Give motorists clearer

directions, and (2) make traffic operations safer by reducing the

chance of road users inadvertently making wrong-way movements.

46. In Section 2B.32, paragraph 3, the FHWA proposes to modify the

text to allow the option of placing the Divided Highway Crossing signs

(R6-3 and R6-3a) beneath the STOP or YIELD signs. In the 1988 MUTCD

this option only applied to the STOP sign.

47. In Sections 2B.33, 2B.34, and 2B.35, the FHWA proposes to

eliminate the distinction between urban and rural parking, stopping,

and standing signs since the design and placement principles for both

urban and rural conditions are substantially the same. The FHWA also

proposes to separate the discussion on design and placement of these

signs into individual sections (2B.34 and 2B.35).

48. In Section 2B.34, ``Design of Parking, Stopping, and Standing

Signs,'' the FHWA proposes to require all street parking signs to be

illuminated or retroreflective. This proposed change is consistent with

Section 2A.8 which discusses the general provisions and standards for

signs.

49. In Section 2B.35, paragraph 2, the FHWA proposes to include a

sentence indicating that the spacing of parking signs should be based

on legibility and sign orientation. The FHWA believes this is helpful

placement guidance to follow when making sure that the parking signs

are visible, particularly with regards to the surrounding traffic

setting. This guidance would include such considerations as the roadway

geometry and surrounding conditions--such as curves or shrubbery that

may hinder sign visibility.

50. In the title for section 2B.36, the FHWA proposes to change the

title from ``Emergency Parking Signs'' to ``Emergency Restriction

Signs.'' This proposed change will allow the section to cover not just

the EMERGENCY PARKING ONLY (R8-4) sign but other emergency restriction

signs such as the EMERGENCY STOPPING (R8-7) and DO NOT STOP ON TRACKS

(R8-8) signs.

51. In section 2B.36, paragraph 3, the FHWA proposes to allow the

choice of using either the color red or black for the legend on

emergency restriction signs R8-4, R8-7, and R8-8. Red is the color

designated in section 1A of the Manual for restrictions and prohibition

signs and black is the color designated for regulatory signs. The FHWA

believes that either of these colors is appropriate. The background for

these signs will remain white.

52. The 1988 MUTCD contains a sentence that the WALK ON LEFT (R9-1)

and NO HITCH HIKING (R9-4) signs do not need to be retroreflective. The

FHWA proposes to change the 1988 MUTCD by requiring that all signs,

including pedestrian signs, shall be either retroreflective or

illuminated to increase their visibility to road users. This proposed

new requirement applies to all pedestrian signs and includes Section

2B.37, ``Walk on Left and No Hitch Hiking Signs,'' Section 2B.38,

``Pedestrian Crossing Signs,'' and Section 2B.39, ``Traffic Signal

Signs, Auxiliary.''

53. In Section 2B.39, paragraphs 7 and 10, the FHWA proposes to add

2 new symbol signs for NO RIGHT TURN ON RED (R10-11c) and NO LEFT TURN

ON RED (R10-11d). These new symbol signs would combine the standard NO

RIGHT TURN (R3-1) and NO LEFT TURN (R3-2) symbols with the legend ``ON

RED.''

54. In Section 2B.39, paragraph 12, the FHWA proposes to add 2 new

signs for use with emergency beacon installations. These 2 proposed

word message signs are: EMERGENCY SIGNAL (R10-13) and EMERGENCY SIGNAL/

STOP WHEN FLASHING RED (R10-14).

55. The FHWA proposes to add a new section 2B.48 that will include

provisions for the design and operation of high occupancy vehicle (HOV)

lanes and a new section 2B.49 that will address the application and

placement for HOV signs. Significant deployment has occurred with HOV

lanes used on roadway facilities throughout the United States and the

FHWA believes it is appropriate to address design, application and

placement of signs and pavement markings for these special facilities.

The language proposed for section 2B.48 would provide agencies that own

and operate HOV lanes with an overall discussion on HOV signing

principles. In addition to this proposed new section, the FHWA proposes

the following MUTCD changes related to HOV lanes:

(a) The FHWA proposes to revise the R3-10 through R3-15

preferential lane signs (see proposed section 2B.22). These signs would

be specifically designated for high occupancy vehicle (HOV) lanes which

by definition include carpools, vanpools, and buses carrying at least

two or more persons. The word message ``restricted lane'' shown on the

R3-10, R3-12, R3-13, and R3-15 would be revised to identify the type of

preferential vehicle traffic allowed in the lane (example: HOV lane,

bus lane, or taxi lane.) When the preferential lane is for high

occupancy vehicles, the word message ``HOV'' would be required along

with the minimum allowable vehicle occupancy level (example: HOV 2+).

The minimum allowable vehicle occupancy level would vary based on the

level established for a particular facility by the State or local

highway agency.

The diamond symbol is proposed for exclusive HOV use lanes. In

situations where a preferential lane is not an HOV lane but is reserved

for bus and/or taxi use, then the word message ``BUS (or TAXI)'' would

replace the message on the R3-10 through R3-15 signs. The sign number

for these proposed new signs would be R3-10a, R3-11a, etc. NOTE: In the

proposed changes for MUTCD Part 9--Bicycles, the FHWA has proposed to

delete the diamond symbol from the R3-16 and R3-17 ``Bicycle Lane''

signs since the diamond symbol has become synonymous with high

occupancy vehicle lanes. The FHWA also proposes to add a new HOV

supplemental plaque (R3-5c) to the text in proposed section 2B.17,

``Mandatory Movement Lane Control Signs.'' This plaque would be used

with the R3-5 ground mounted sign on HOV facilities to indicate the

appropriate mandatory lane movement.

(b) The FHWA proposes to add the following definitions in Part 1:

High Occupancy Vehicle (HOV)--a motor vehicle carrying at least two

or more persons, including carpools, vanpools, and buses. The agencies

that

[[Page 71364]]

own and operate HOV lanes have the authority and responsibility to

determine the occupancy requirements for vehicles operating in HOV

lanes, except that no fewer than 2 occupants per vehicle may be

required.

HOV lane--any preferential lane designated for exclusive use by

HOVs for all or part of a day--including a designated lane on a

freeway, other highway, street, or independent roadway on a separate

right-of-way.

Occupancy requirement--any restriction that regulates the use of a

facility for any period of the day based on a specified number of

persons in a vehicle.

Occupants--the number of people in a car, truck, bus, or other

vehicle.

Concurrent flow HOV lane--an HOV lane that is operated in the same

direction as the adjacent mixed flow lanes, separated from the adjacent

general purpose freeway lanes by a standard lane stripe, painted

buffer, or barrier.

Contraflow lane--a lane operating in a direction opposite to the

normal flow of traffic designated for peak direction of travel during

at least a portion of the day. Contraflow lanes are usually separated

from the off-peak direction lanes by plastic pylons, moveable or

permanent barrier.

(c) The FHWA proposes to also include provisions for HOV signs and

markings to MUTCD Chapter 2E--Guide Signs--Freeways and Expressways and

MUTCD Part 3--Markings.

Discussion of Proposed New Part 5--Traffic Control Devices for Low

Volume Rural Roads

1. The FHWA proposes adding a new Part 5, ``Traffic Control Devices

For Low Volume Rural Roads.'' The current Part 5 (Islands) is proposed

to be incorporated into Part 3 as discussed in the notice of proposed

amendment dated January 6, 1997, at 62 FR 691. The intent is to have a

part of the MUTCD dedicated to those low volume facilities that

constitute a high percentage of the total road miles in the United

States. The goal of Part 5 is to provide standards and guidance for

traffic control devices that are unique to or most applicable to low

volume roadways. Part 5 is currently designed to reference other

applicable sections of the MUTCD relative to standards and guidance for

traffic control devices that are appropriate for low volume roads but

are also applicable to higher class facilities. An alternative format

could be to eliminate a separate Part 5 and place the small amount of

information that is applicable only to low volume rural roads in other

appropriate sections of the MUTCD.

2. In Section 5A.1, the FHWA proposes to define low volume roads as

those facilities that lie outside the corporate limits of communities

and have a traffic volume of less than 200 AADT (average annual daily

traffic).

3. In Section 5A.1, the FHWA proposes to provide three categories

of low volume rural roads for use throughout Part 5:

Category 1--Unimproved roadways

Category 2--Graded drained earth or gravel roadways

Category 3--Paved roadways

4. The FHWA is proposing to add to Part 5 typical figures for those

signs that may have metric message. These include SPEED LIMIT sign (R2-

1), NIGHT Speed sign (R2-3), LOCAL TRAFFIC ONLY (R11-3), WEIGHT LIMIT

sign (R12-1), Advisory Speed Plaque (W13-1), NEXT XX M (FT) sign (W7-

3a), ROAD WORK XX M (FT) sign (W20-1), and Supplemental Plate (W16-1).

5. In Section 5.A.2, the FHWA proposes options for the deployment

of traffic control devices on low volume rural roads that vary from

what is, typically, appropriate for higher class facilities.

6. In Section 5A.4, paragraph 2, the FHWA proposes, for low volume

roads, an option to allow a 0.6 m (2 ft) offset from the edge of a

shoulder, or roadway without shoulders, to the near edge of a sign.

This varies from the recommended offset of 1.8 m (6 ft) from the edge

of the shoulder or 3.6 m (12 ft) from the edge of the traveled way,

where no shoulder exists, as published in Section 2A.24 of the 1988

MUTCD; or 1.8 m (6 ft) from the shoulder or traveled way as proposed in

Section 2A.19 published in the notice of proposed amendment dated June

11, 1998, at 63 FR 31950. The proposed option would be allowed on low

volume roads if roadside features such as terrain, shrubbery, and/or

trees prevent lateral placement in accordance with Section 2A.19.

7. In Section 5B.2, the FHWA proposes adding supplemental criteria

for use with the warrant criteria in Sections 2B.4 through 2B.8 of the

1988 MUTCD to guide the installation of Stop and Yield signs on low

volume rural roads.

8. In Section 5C.11, the FHWA proposes adding a new NO TRAFFIC

SIGNS warning sign for optional use on Category 1 roads (unimproved

roadways with less than 200 AADT) as proposed by the National Committee

on Uniform Traffic Control Devices. The FHWA is aware that some low

volume rural roads have no signs and that NO TRAFFIC SIGNS warning

signs could alert road users for safety purposes.

9. In Section 5E.2, the FHWA proposes adding additional criteria

for considering centerline installation on Category 3 roads (paved

roads with less than 200 AADT) that supplement the criteria proposed in

Chapter 3B published in the notice of proposed amendment dated January

6, 1997.

Discussion of Proposed Amendments to Part 8--Traffic Control for

Highway-Rail Grade Crossings (Update)

The summary of proposed changes for Part 8 was published as Phase 1

of the MUTCD rewrite effort in a previous notice of proposed amendment

dated January 6, 1997, at 62 FR 691. Since that time, a number of

tragic highway-rail grade crossing crashes have occurred. Following the

Fox River Grove, Illinois school bus crash, the United States

Department of Transportation (USDOT) decided to build upon its 1994

Highway-Rail Crossing Safety Action Plan by forming an internal USDOT

Task Force to review the decisionmaking process for designing,

constructing, and operating rail crossings and provide recommendations.

The following proposed changes are based on the Highway-Rail Crossing

Safety Action Plan, the USDOT Task Force Implementation Report dated

June 1, 1997, and the National Transportation Safety Board

recommendations. These proposed changes are intended as updates to the

previously published notice of proposed amendment (NPA) dated January

6, 1997:

1. Based on the notice of proposed amendments published December 5,

1997 at 62 FR 64324, the title of Part 8 would be changed from

``Traffic Control for Roadway-Rail Intersections'' to ``Traffic Control

for Highway-Rail Grade Crossings.'' This new terminology is

incorporated in the language in this notice of proposed amendments.

2. The FHWA proposes to update Section 8A.1, paragraph 5, to

include 16 terms specific to highway-rail grade crossing traffic

control devices. The definitions for these following terms are included

in the proposed text: (1) Minimum Track Clearance Distance; (2) Clear

Storage Distance; (3) Preemption; (4) Interconnection; (5) Monitored

Interconnected Operation; (6) Minimum Warning Time--Through Train

Movements; (7) Right-of-Way Transfer Time; (8) Queue Clearance Time;

(9) Separation Time; (10) Maximum Preemption Time; (11) Advance

Preemption and Advance Preemption

[[Page 71365]]

Time; (12) Simultaneous Preemption; (13) Pre-Signal; (14) Cantilevered

Signal Structure; (15) Design Vehicle; and (16) Dynamic Envelope.

3. The FHWA proposes to update Section 8A.2, paragraph 6 to clarify

the fact that all highway-rail grade crossings shall comply with the

MUTCD as stated in 23 CFR 655.603(b). The FHWA also proposes to also

add a new discussion in paragraphs 2 and 3 to allow the option of using

the national highway-rail intersection (HRI) architecture as a method

for conducting an engineering study to determine the method for linking

the highway, vehicles, and traffic management systems with rail

operations and wayside equipment. 3

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\3\ Available from Federal Railroad Administration, 4007th

Street, SW., Washington, DC 20590.

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4. The FHWA proposes to update Section 8A.4, paragraph 5, by

changing the following sentence from a recommendation (GUIDANCE) to a

mandatory (STANDARD) condition: ``If the existing traffic control

devices at a multiple-track crossing become improperly placed or

inaccurate because of the removal of the tracks, the existing devices

shall be relocated and/or modified.''

5. The FHWA proposes to update the last paragraph of Section 8A.5

by changing the following sentence from a recommendation (GUIDANCE) to

a mandatory (STANDARD) condition: ``If a highway-rail grade crossing

exists either within or in the vicinity or roadway work activities,

then lane restrictions, flagging, or other operations shall not be

performed in a manner that would cause vehicles to stop on the railroad

tracks with no means to escape.''

6. The FHWA proposes to add a new Section 8A.6 to describe the

dynamic envelope clearance concept and provide standards and guidance

for delineating this clearance required for the train and its cargo

overhang.

7. The FHWA proposes to add a new Section 8A.7 to discuss the

application of Storage Space Signs (W10-11 and 11a) which are intended

to warn road users of locations where vehicle storage space is limited

between the railroad tracks and the adjacent highway intersection.

8. The FHWA proposes to add a new Section 8A.8 to define private

highway-rail grade crossings and to discuss issues related to these

private crossings.

9. The FHWA proposes to update Section 8B.2, paragraph 3. If

crossbuck signs are installed back-to-back, any retroreflective

material used on the back of one crossbuck blade would be blocked by

the second mounted crossbuck sign. Therefore, the FHWA proposes to

modify the language in this section accordingly.

10. The FHWA proposes to update Section 8B.2, paragraph 4, to

require retroreflective material to be used on supports at all highway-

rail grade crossings, not just passive highway-rail grade crossings.

This proposed change would improve visibility of the grade crossing

supports.

11. The FHWA proposes to update Section 8B.3 by adding a new

paragraph 6 under GUIDANCE to read, ``Where the distance between the

railroad and the parallel highway from edge of track to edge of highway

is less than 30 m (100 feet), it is not necessary to install a W10-1

sign if the W10-2, W10-3, or W10-4 signs are used on the parallel

highway.'' The purpose of this proposed change is to reduce the sign

clutter on highways where there is less than 30 m (100 feet) between

the highway-rail grade crossing and a highway intersection.

12. The FHWA proposes to update Section 8B.7, paragraph 1, by

adding a new phrase to the end of this paragraph that would read, ``* *

* in accordance with Chapter 2C.'' The FHWA believes that this addition

would help ensure that STOP AHEAD (W3-1a) or YIELD AHEAD (W3-2a)

advance warning signs are used.

13. The FHWA proposes to add a new Section 8B.9 to discuss the

application and placement of highway-rail crossing identification signs

and 1-800 numbers to provide a means for emergency notification. The

former Section 8B.9 published in the January 6, 1997, notice would

become Section 8B.14, ``Pavement Markings.''

14. The FHWA proposes to add a new Section 8B.10 to provide a sign

for use on class 5 or higher railroad tracks where trains may exceed

130 km (80 mph). The former Section 8B.10 published in the January 6,

1997, notice would become Section 8B.15, ``Stop Lines.''

15. The FHWA proposes to add a new Section 8B.11 to provide a sign

for use at highway-rail grade crossings which have the Federal Railroad

Administration's authorization for trains not to sound horns. The

former Section 8B.11 published in the January 6, 1997, notice would

become Section 8B.16, ``Low Ground Clearance Crossings.''

16. The FHWA proposes to add a new Section 8B.12 to provide a sign

to warn road users that a particular highway-rail grade crossing is not

equipped with automated signals.

17. The FHWA proposes to add a new Section 8B.13 to provide a sign

for use at highway-rail grade crossings without active warning devices.

This regulatory sign would direct road users to look for approaching

trains.

18. The FHWA proposes to update Section 8C.1, paragraph 2 to

indicate that luminares shall be located so that they do not impose

unnecessary glare on approaching road users.

19. The FHWA proposes to update Section 8D.2 to move paragraph 10

from a recommendation (GUIDANCE) to a mandatory (STANDARD) condition.

The paragraph will read: ``Flashing-light signals shall be placed to

the right of approaching highway traffic on all highway approaches to a

crossing. They shall be located laterally with respect to the highway

in conformance with Figure 8-5. This shall not apply where such

location would adversely affect signal visibility.'' The FHWA proposes

this change because we believe flashing-light signals shall always be

placed on the right side of the road where people expect to receive

roadway information.

20. The FHWA proposes to revise Section 8D.2 to delete the last

sentence of paragraph 6. The reason for this proposed change is to

avoid limiting the type of technology used to charge the batteries for

highway-rail grade crossing warning systems.

21. In Section 8D.4, the FHWA proposes to include a discussion to

require that the approach lane gate arms be designed to fail safe in

the down position. This is consistent with the discussion already

covered in Section 8D.5 for exit lane gate arms.

22. The FHWA proposes to add a new Section 8D.5 to provide

standards and guidance for Four Quadrant Gate Systems. Four Quadrant

Gate Systems consists of a series of automatic gates used as an adjunct

to flashing lights to control traffic on all lanes at the highway-rail

grade crossing.

23. The FHWA proposes to update Section 8D. 6 of the previously

published January 6, 1997, notice (see section 8D.7 in this proposed

update for Part 8.) The FHWA proposes to change paragraph 2 to indicate

that traffic control signals shall not be used on roadways at highway-

rail grade crossings in lieu of gates and/or flashing lights where

train speeds are greater than 32 km/h (20 mph). The FHWA also proposes

to add the following 2 new paragraphs: (1) At the end of the GUIDANCE

for this section the FHWA proposes to recommend that a NO TURN ON RED

sign should be used where a pre-signal is installed at an

interconnected highway-rail grade crossing near a signalized

intersection with a storage problem; and (2) The FHWA proposes a new

OPTION which would allow the highway traffic signals

[[Page 71366]]

to be mounted on the same cantilevered device as the railroad flashing

lights in situations where the highway-rail grade crossing and the

highway intersection are in close proximity and when determined

feasible by an engineering study.

Rulemaking Analysis and Notices

All comments received before the close of business on the comment

closing date indicated above will be considered and will be available

for examination in the docket at the above address. Comments received

after the comment closing date will be filed in the docket and will be

considered to the extent practicable, but the FHWA may issue a final

rule at any time after the close of the comment period. In addition to

late comments, the FHWA will also continue to file in the docket

relevant information that becomes available after the comment closing

date, and interested persons should continue to examine the docket for

new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined preliminarily that this action will not be

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 new standards and other

changes proposed in this notice are intended to improve traffic

operations and safety, and provide additional guidance, clarification,

and optional applications for traffic control devices. The FHWA expects

that these proposed changes will create uniformity and enhance safety

and mobility at little additional expense to public agencies or the

motoring public. 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 proposed action on

small entities. This notice of proposed rulemaking adds some new and

alternative traffic control devices and traffic control device

applications. The proposed new standards and other changes are intended

to improve traffic operations and safety, expand guidance, and clarify

application of traffic control devices. The FHWA hereby certifies that

these proposed revisions would not have a significant economic impact

on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

This proposed rule would not impose a Federal mandate resulting in

the expenditure by State, local, and tribal governments, in the

aggregate, or by the private sector, of $100 million or more in any one

year (2 U.S.C. 1532).

Executive Order 13132 (Federalism)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 13132, dated August 4, 1999, and

it has been determined that this action does not have a substantial

direct effect or sufficient federalism implications on States that

would limit the policymaking discretion of the States. Nothing in this

document directly preempts any State law or regulation. 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. The proposed 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 this amendment would override any

existing State requirements regarding traffic control devices, it does

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.

Executive Order 12988 (Civil Justice Reform)

This action meets applicable standards in sections 3(a) and 3(b)(2)

of Executive Order 12988, Civil Justice Reform, to minimize litigation,

eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

We have analyzed this action under Executive Order 13045,

Protection of Children from Environmental Health Risks and Safety

Risks. This rule is not an economically significant rule and does not

concern an environmental risk to health or safety that may

disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

This rule will not effect a taking of private property or otherwise

have taking implications under Executive Order 12630, Governmental

Actions and Interference with Constitutionally Protected Property

Rights.

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.

Authority: 23 U.S.C. 109(d), 114(a), 315, and 402(a); 23 CFR

1.32; 49 CFR 1.48.

Issued on: December 13, 1999.

Kenneth R. Wykle,

Federal Highway Administrator.

[FR Doc. 99-32907 Filed 12-20-99; 8:45 am]

BILLING CODE 4910-22-P

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