Revision of the Manual on Uniform Traffic Control Devices; Temporary Traffic Control

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 Part 6--Temporary

Traffic Control. 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 Mr. Charlie L. Sears, Office of

Transportation Operations, Room 3408, (202) 366-1555, or Mr. Raymond

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

Department of Transportation, Federal Highway Administration, 400

Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

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.ohs.fhwa.dot.gov/operations/mutcd.

Please note that the proposed rewrite sections contained in this docket

for MUTCD Part 6 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 is 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 for Expressways and

Freeways, 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. The summary of proposed changes

for Chapter 2B--Regulatory Signs, Part 5--Traffic Control for Low-

Volume Rural roads, and update information for Part 8--Traffic Control

at Highway-Rail Grade Crossings was published as Phase 6 of the MUTCD

rewrite effort in a

[[Page 73607]]

previous notice of proposed amendment. The summary of proposed new

changes for Part 1--General Provisions, Part 3--Markings, and Part 4--

Signals was published as Phase 7 of the MUTCD rewrite effort in a

previous notice of proposed amendment. This notice of proposed

amendment is Phase 8 of the MUTCD rewrite effort and includes the

summary of proposed changes for MUTCD Part 6.

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 Part 6. A

summary of the proposed significant changes contained in these sections

are included in the following discussion:

Discussion of Proposed Amendments to Part 6--Temporary Traffic

Control

The following items are the most significant proposed revisions to

Part 6:

1. The FHWA proposes to change the title of Part 6 from ``Standards

and Guides for Traffic Controls for Street and Highway Construction,

Maintenance, Utility, and Incident Management Operations'' to

``Temporary Traffic Control.'' This title better explains the contents

of this section.

2. In Section 6A, paragraph 4, the FHWA proposes to delete the word

``must'' from the second and third sentences. This deletion is proposed

because temporary traffic control does not guarantee the safety or

efficient completion of a work activity.

3. In Section 6A, in the second sentence of paragraph 5, the FHWA

proposes to revise the sentence to read ``A concurrent objective of the

traffic control is the efficient construction and maintenance of the

roadway.'' This change is proposed because it clarifies the objective

of proper traffic control.

4. In Section 6B.3c, the FHWA proposes to revise the first sentence

to read, ``Flagging procedures when used, should provide positive

guidance to drivers * * *.'' This change was suggested by the National

Committee on Uniform Traffic Control Devices. The FHWA agrees with this

suggestion because it will provide positive guidance to drivers to

safely travel through temporary traffic control area.

5. In Section 6B.4a, the FHWA proposes to revise the second

sentence to read, ``The most important duty of these individuals should

be to ensure that all traffic control elements of the project are

consistent with the traffic control plan * * *.'' This change will help

ensure that proper traffic control measures are being carried out.

6. In Section 6B, in the second paragraph of the STANDARD, the FHWA

proposes to change the following recommended condition to a STANDARD:

``All traffic control devices shall be removed when no longer needed.''

This change would ensure that all traffic control devices are removed

when no longer required.

7. In Section 6B.7, the FHWA proposes to revise the first sentence

to read, ``Good public relations should be maintained.'' This sentence

would be revised from a mandatory statement to GUIDANCE.

8. In Section 6C.1, the FHWA proposes to revise the third GUIDANCE

paragraph concerning traffic control plans for transit from mandatory

shall statements to recommended GUIDANCE.

9. In Section 6C.2, the FHWA proposes to add a new definition for a

Temporary Traffic Control Zone. A Temporary Traffic Control Zone is now

defined as including a Work Zone and/or an Incident Area. There

currently is no uniform definition of a work zone. As a result, work

zone crash data collection is not uniform.

10. In Section 6C.3, paragraph 3, the FHWA proposes to revise the

discussion on advance warning area from a mandatory condition to

GUIDANCE as follows:

``(A) On urban and rural two-lane roadways, effective placement of

warning signs should be as follows:

(1) Urban: Warning sign spacings in meters (feet) in advance of the

transition area normally should range from .75 (4) to 1.5 (8) times the

speed limit, in km/h, (mph) in meters (feet), with the high end of the

range being used when speeds are relatively high.

(2) Rural: Rural roadways are characterized by higher speeds. The

spacing, in meters (feet), for the placement of warning signs should be

substantially longer--from 1.5 (8) to 2.25 (12) times the speed limit,

in km/h, (mph).''

The above proposed changes will provide clearer guidance on warning

sign placement.

11. In Section 6C.3, paragraph 4, the FHWA proposes to revise the

following sentences from a permissive condition to GUIDANCE: ``Typical

distances for placement of advance warning signs on freeways and

expressways are longer because drivers are conditioned to uninterrupted

flow. Therefore, the advance warning signs should extend on these

facilities as far as 800m (one-half mile) or more.''

12. In Section 6C.5, paragraph 9, the FHWA proposes to change the

following discussion on an activity area from a recommended condition

to an Option: ``(a) Longitudinal Buffer Space: The Longitudinal buffer

space may also be used to separate opposing traffic flows that utilize

portions of the same traffic lane, as depicted in Figure 6-2.''

This change is proposed because buffer spaces are optional.

13. In Section 6C.7, paragraphs 6 and 7, the FHWA proposes to

clarify some of the discussion on tapers and make it GUIDANCE:

(A) ``Taper lengths shown in Table 6-2 should be the minimum

used.'' This change would require that tapers be calculated a certain

way unless proper justification is given.

(B) ``When using metric units, the maximum distance in meters

between devices in a taper should not exceed 1/5 times the speed limit

in kilometers per hour. When engineering judgment shows that there is a

special need for a speed reduction, the maximum distance in kilometers

between devices may be 1/10 of the speed limit in kilometers per hour.

When using English units, the maximum distance in feet between devices

in a taper should not exceed the speed limit in miles per hour. When

engineering judgment shows there is a special need for speed reduction,

the maximum distance in feet between devices may be one-half the speed

limit in mph.''

This proposed clarification requires a certain spacing between

channelizing devices unless proper justification is given. Also, the

option for the one-half spacing is in response to recommendations

contained in the

[[Page 73608]]

``Older Driver Highway Design Handbook''.\1\

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

\1\ ``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.

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

14. In Section 6C.7 , paragraph 12, the FHWA proposes to clarify

the discussion on shifting tapers and make it GUIDANCE: ``A shifting

taper should have a length of about one-half ``L.' '' This

clarification will require a certain length for shifting tapers unless

proper justification is given. This proposed change is in response to

recommendations contained in the ``Older Driver Highway Design

Handbook''.

15. In Section 6C.9 A, paragraph 2, the FHWA proposes to change the

discussion of the flagger method from an Option to GUIDANCE. ``When

good visibility and traffic control cannot be maintained by one flagger

station, traffic should be controlled by a flagger at each end of the

section.'' This proposed change recommends two flaggers in one-lane,

two-way traffic operation.

16. In Section 6D.1, paragraph 2, the FHWA proposes to add a new

GUIDANCE discussion on the staging of equipment and work vehicles,

barrier installation and regular inspections of work sites. These

additions will provide additional guidance for and increase safety of

pedestrians.

17. In Section 6D.1, paragraph 16, the FHWA proposes to clarify the

following sentence and make it GUIDANCE: ``At fixed work sites of

significant duration, especially in urban areas with high pedestrian

volumes, a canopied walkway may be used to protect pedestrians from

falling debris.'' In the existing MUTCD the intent of the sentence was

to provide safety to pedestrians by providing a canopied walkway. This

proposed change would provide an increased emphasis on pedestrian

safety.

18. In Section 6D.2, paragraph 3, the FHWA proposes to add the

following new Option: Shadow Vehicle--in the case of mobile and

constantly moving operations, such as pothole patching and striping

operations, a shadow vehicle, equipped with appropriate lights, warning

signs and/or a rear-mounted impact attenuator may be used to provide

additional safety for the workers from impacts by errant vehicles.

19. In Section 6E.2, paragraph 1, the FHWA proposes to revise the

fourth sentence to read, `` The retroreflective clothing shall be

designed to identify clearly the wearer as a person.'' This change is

proposed to delete the phase ``and be visible through the full range of

body motions `` because a flagger visibility is the most important

issue.

20. In Section 6E.4, paragraph 2, the FHWA proposes to revise the

sentence to read: ``When used at nighttime, flags shall be

retroreflectorized .'' Illuminating the flag would improve the

visibility of the flag for the warning of motorists.

21. In Section 6E.4, paragraph 2, the FHWA proposes to change the

following sentence from a recommended condition to a STANDARD: ``The

following methods of signaling with sign paddles shall be used.''

22. Throughout Section 6F, the FHWA proposes to add a description

of the following signs: STAY IN LANE, PEDESTRIAN CROSSWALK, SIDEWALK

CLOSED (AHEAD) CROSS HERE, RIGHT TWO LANES CLOSED 0.8 KILOMETERS (\1/2\

MILE), CENTER LANE CLOSED AHEAD, THRU TRAFFIC MERGE RIGHT (LEFT), EXIT

OPEN, ON RAMP, RAMP NARROWS, SLOW TRAFFIC AHEAD, SHOULDER WORK, RIGHT

SHOULDER CLOSED, UTILITY WORK AHEAD, Lane Reduction Transition.

Several signs were in the Typical Application diagrams in the 1993

Edition of MUTCD, part 6 but there was no discussion as to their proper

use.

23. In Section 6F.2, in the third sentence of paragraph 2, the FHWA

proposes to add the following sentence as a STANDARD because mandatory

``shall'' is implied through the context of the sentence. ``Colors for

guide signs shall follow the standard in Chapter 2A, Table 2A.5, and

Chapter 2D, except for special information signs as noted below in

Section 6F.51.'' A second sentence is added to the sixth paragraph as a

STANDARD to clarify that ``red'' flags shall not be used on warning

signs.

24. In Section 6F.3, paragraphs 4, 6, 7 and 8 the FHWA proposes to

modify the mounting height discussion from recommended GUIDANCE to

mandatory STANDARD and added an Option condition to change the mounting

height requirement for signs in work zones.

There is an existing FHWA/NHTSA National Crash Analysis Study,

Contract DTFH61-97-X00015, on 1.5 m (5 ft) versus 2.1 m (7 ft) sign

mounting height. This study does not show a need to raise the sign

height to 2.1 m (7 ft). For all rural post-mounted signs, a 1.5 m (5

ft) minimum mounting height is appropriate for crashworthiness. If,

however, there is an operational need (visibility, etc.) to have a

higher mounting height, it may be used.

25. In Section 6F.3, paragraph 8, the FHWA proposes to change the

requirement for the amount of days that signs mounted on portable

supports may be used. The FHWA is also proposing to list the types of

signs to be used on portable supports for more than three days. Methods

of mounting signs other than on posts are illustrated in Figure 6-6.

Signs mounted on portable supports may be used for a duration of three

days or less (intermediate term stationary). The R11 series, W1-6

through W1-8, M4-10, E5-1 or similar type signs may be used on portable

supports for more than three days.

26. In section 6F.3, paragraph 10, the FHWA proposes to change the

following sentence from recommended condition to a STANDARD:

``Unshielded sign supports shall be designed to breakaway or yield on

impact to minimize hazards to motorists.'' The FHWA is proposing to

change this sentence to a STANDARD because devices, according to

National Cooperative Highway Research Program Report 350, are required

to be crashworthy. The FHWA is proposing to add the word ``breakaway''

because it better explains what a sign does on impact. Also, the FHWA

is proposing to add the following sentence to explain the requirements

for signs mounted on multiple signs supports: ``Signs erected on

multiple breakaway posts shall be mounted a minimum of 2.1 m (7ft)

above the ground so as to permit an errant vehicle to pass under the

sign panel if all posts are not struck.''

27. In Section 6F.4, the FHWA proposes to change the text from a

recommended condition to a STANDARD. FHWA feels that this would

increase visibility and safety.

28. In Section 6F.8, paragraph 1, the FHWA proposes to change the

following sentence from a permissive condition to GUIDANCE: ``The ROAD

(STREET) CLOSED sign (R11-2) should be used where the roadway is closed

to all traffic except contractors' equipment or officially authorized

vehicles and should be accompanied by appropriate detour signing.''

Also, there is information on the use of these signs in both rural and

urban areas.

29. In Section 6F.9, paragraph 2, the FHWA proposes to add the

following new mandatory STANDARD sentence for rural areas: ``In rural

applications, the LOCAL TRAFFIC ONLY sign shall have the legend ROAD

CLOSED (XX) KILOMETERS (MILES) AHEAD-LOCAL TRAFFIC ONLY.''

30. In Section 6F.16, paragraphs 14, 15, and 16, the FHWA proposes

to add the following STANDARD and GUIDANCE regarding the proper use of

flexible signs: ``Flexible warning signs for nighttime use shall have a

black legend on a retroreflectorized orange or

[[Page 73609]]

retroreflectorized flourescent orange background. The mounting height

of flexible signs shall conform to the same requirements as rigid

signs. A 300 mm (1 foot) mounting height is allowable for flexible

signs, but they should normally be mounted higher in order to provide

improved visibility.''

The FHWA proposes to add the above sentences because of the

increased use of flexible signs in work zones.

31. In Section 6F.55C, paragraph 4, the FHWA proposes to add a

message format for Portable Changeable Message Signs. This format

indicates the following: line 1 should present the problem, line 2

should present the location or distance ahead, and line 3 should

present the recommended driver action. This addition is in response to

recommendations contained in the ``Older Driver Highway Design

Handbook'' which shows that motorists may benefit by having a message

in a logical sequence.

32. In Section 6F.56A, paragraphs 2 and 4, the FHWA proposes to add

SUPPORT and STANDARD conditions on TYPE D arrow panels to explain how

this type of arrow panel should be used.

33. In Section 6F.58E, the fourth sentence of paragraph 1, the FHWA

proposes to require the top stripe on all drums to be orange to allow

for better uniformity. The text will read as follows: ``Each drum shall

have a minimum of two orange and two white stripes with the top stripe

being orange.''

34. In Section 6F.58I, paragraph 4, the FHWA proposes to add under

GUIDANCE four paragraphs on two-way two-lane operations concerning

speed, traffic volumes, geometrics and intersections.

35. In Section 6F.59B, paragraph 1, the FHWA proposes to change the

minimum length of interim pavement marking from 1.2 m (4 ft) to 0.6 m

(2 ft). Texas Transportation Institute Research Record 1160, Field

Studies of Temporary Pavement Markings at Overlay Project work Zones on

Two-Lane, Two-Way Rural Highways, indicates that there is no

significant difference between the performance of the 1.2 m (4 ft)

broken line or the 0.6 m (2 ft) broken line.

36. In Section 6F.59C, paragraph 1, the FHWA proposes to add the

following new STANDARD wording: ``If raised pavement markers are used

to substitute for a broken line segment, at least two retroreflective

markers shall be placed, one at each end of a segment of 0.6 m (2 ft)

to 1.5 m (5 ft). For segments over 1.5 m (5 ft), a group of at least

three retroreflective markers shall be equally spaced at no greater

than N/8.'' This proposed change allows fewer raised pavement markings

for a broken line segment.

37. In Section 6F.60D(3), paragraph 2, the FHWA proposes to add the

new GUIDANCE discussion to ensure lights are put on the outside of the

curve to improve delineation of the curve.

38. In Section 6F.61, paragraph 3, the FHWA proposes to allow the

use of temporary traffic signals other than those controlled by hard

wire. This was included in the February 19, 1998, Final Rule.

39. In Section 6F.66, the FHWA proposes to add a new GUIDANCE that

the spacing of screens should not be more than 0.6 m (2 ft). This

addition is in response to recommendations contained in the ``Older

Driver Highway Design Handbook'' which shows that motorists may benefit

by having screens at this spacing.

40. The FHWA proposes to add a new Section 6F.68, FUTURE AND

EXPERIMENTAL DEVICES to Part 6. This section provides information on

the use of experimental products.

41. In Section 6G.2, the FHWA proposes to add the following words

to the second bullet of the second paragraph, ``or nighttime work

lasting more than one hour.'' The FHWA believes that the above

information is helpful to further explain intermediate-term stationary

work at night.

42. In Section 6G.2B, paragraph 2, the FHWA proposes to add the

following STANDARD statement: ``Since intermediate-term operations

extend into nighttime, retroreflective and/or illuminated devices shall

be used.'' This STANDARD is proposed because a good safety design

feature for any/all nighttime work is one that is properly delineated

with retroreflective signs and/or illuminated devices.

43. In Section 6G.10, the second sentence of paragraph 5, the FHWA

proposes to add a new STANDARD statement to read as follows: ``For lane

closures, the merging taper shall utilize channelizing devices and the

barrier shall be placed beyond the transition area.'' This proposed

change would provide proper delineation of a lane closure to the road

user. Also, this proposed change would delete the last sentence of the

second paragraph of Section 6G-7 of the Part VI of the 1993 Edition of

the MUTCD and Section 6G-7 would be transferred and renumbered as

Section 6G.10.

44. In Section 6G.10 B, paragraph 2, the FHWA proposes to change

the second sentence from a recommended condition to a STANDARD. This

proposed change would provide the road user with better delineation of

the left lane closure.

45. In Section 6G.10 D, the FHWA proposes to transfer to this

Section old Section 6G-7c of Part VI of 1993 Edition of the MUTCD. The

FHWA also proposes to change the sixth sentence of the existing Section

6G-7c from a recommended condition to a STANDARD. The proposed sentence

would read as follows: ``When a directional roadway is closed,

inapplicable WRONG WAY signs and markings, and other existing traffic

control devices at intersections within the temporary two-lane two-way

operations section, shall be covered, removed or obliterated.'' The

proposed sentence change would provide the road user with accurate

information on whether the road is open or closed.

46. In Section 6H.2, Notes for Figure TA-7, the FHWA proposes to

add the following sentence to note 1: ``Devices similar to those

depicted shall be placed for the opposite direction of travel.'' This

proposed change is very important to motorists traveling in the

opposite direction to inform them of the temporary traffic control

condition ahead.

47. In Section 6H.2, Notes for Figure TA-7 (Note 3) and Notes for

Figure TA-31 (Note 7), the FHWA proposes to change Note 3 for Figure

TA-7 and Note 7 for Figure TA-31 to read as follows: ``If the

tangential distance along the temporary diversion is less than 180 m

(600 feet), the winding road sign should be used at the location of the

first Reverse Curve sign. The second Reverse Curve sign should be

omitted.'' This proposed GUIDANCE statement would be in compliance with

Section 2C-8, Winding Road Sign, page 2C-4 of the 1988 Edition of the

MUTCD which describes the circumstances when the Winding Road sign

should be used.

48. In Section 6H.2, the FHWA proposes to add new Notes 7 and 8 to

Figure TA-10 on the use of the BE PREPARED TO STOP sign.

49. In Section 6H.2, the FHWA proposes to add new notes for Figure

TA-10 (Notes 9, 10, 11, and 12), a new note for Figure TA-30 (Note 4),

new notes for TA-32 (Notes 4, 5, and 6), new notes for TA-39 (Notes 11

and 12), and a new Figure TA-45 to provide additional information

concerning work zone treatments near highway-rail grade crossings.

On March 17, 1993, a tractor-semitrailer hauling gasoline was

struck by a National Railroad Passenger Corporation (Amtrak) train

resulting in the truck driver and five occupants of three stopped

vehicles being killed. The truck driver was attempting to cross a

[[Page 73610]]

highway-rail grade crossing on Cypress Creek in Fort Lauderdale,

Florida and traffic in the area of the crossing was congested because

the left and center lanes were closed just beyond the crossing. As a

result of the investigation of the crash, the National Transportation

Safety Board (NTSB) recommended that the FHWA provide information on

channelization of traffic at work zones to minimize traffic congestion

over highway-rail grade crossings. The above mentioned notes and figure

are in compliance with the NTSB's recommendation. The above proposed

changes would be added to provide information for safe and efficient

operation of both highway and rail traffic at highway-rail grade

crossings within construction and maintenance work zone limits.

50. In Section 6H.2, the FHWA proposes to modify the first sentence

of Note 4 of Figure TA-12 to read as ``Stop lines shall be installed

with temporary traffic signals.'' The FHWA proposes to add the same

sentence to a new Note 9 for Figure TA-14. The proposed changes will be

in compliance with Part 4, Chapter 4D, of the Notice of Proposed

Amendments to the Manual on Traffic Control Devices dated January 7,

1997, which discuss the location of stop lines with respect to traffic

signals.

51. In Section 6H.2, for Figure TA-12, the FHWA proposes to move

Note 7 from a permissive condition to Note 11 as GUIDANCE. The FHWA

believes that changing the condition from a permissive condition to

GUIDANCE would provide the State and local agencies, and contractors

with additional guidance for making safe traffic operations' decisions.

52. In Section 6H.2, the FHWA proposes to add a new Note 8 for

Figure TA-14 which states ``Traffic control signal timing shall be

established by authorized personnel.'' This proposed change is in

compliance with Part 4, Chapter 4D, of the Notice of Proposed

Amendments to the Manual on Uniform Traffic Control Devices dated

January 7, 1997, which states the responsibility for operation and

maintenance of traffic control signals and all of its appurtenances.

53. In Section 6H.2, Figure TA-14, under the signalized method, the

FHWA proposes to delete the requirement to remove any double yellow

pavement marking and add skip line pavement markings along the

northbound lanes because there is no reason to prohibit passing for

traffic leaving the intersection.

54. In Section 6H.2, the FHWA proposes to modify existing Note 4

for Figure TA-16 and to add a new Note 11 which would states, ``For a

survey along the edge of the road or along the shoulder, cones should

be placed along the edge line.'' The FHWA also proposes to add a new

Note 10 to read, ``If the work is along the shoulder, the flagger may

be omitted.''

55. In Section 6H.2, for Figure TA-17, the FHWA proposes to move

the second sentence of Note 5 from a recommended condition to Note 2 as

a STANDARD. It would read, ``Shadow and work vehicles shall display

flashing or rotating beacons visible in all directions.'' The FHWA

believes that flashing or rotating beacon visibility will help improve

the safety and visibility of the shadow and work vehicles resulting in

a reduction in work zone crashes. Also, the FHWA proposes to change the

wording ``protection vehicle'' to ``shadow vehicle'' to be in

compliance with the AASHTO Roadside Design Guide Book, Chapter 9.1.2.2,

Truck-Mounted Attenuators.

56. In Section 6H.2, Figure TA-17, the FHWA proposes to add a

CAUTION arrow board to be in compliance with Section 6F-55 B.

57. In Section 6H.2, Notes for Figure TA-17, the FHWA proposes to

delete the note on ``Optional Signs for Short Duration Operation''

because TA-17 is not for Short Duration work.

58. In Section 6H.2, the FHWA proposes to modify the first sentence

of Note 1 for Figure TA-18 to read as follows: ``The traffic control

procedures shall be used only for low-volume, low-speed facilities.''

This proposed change simplifies the STANDARD condition statement.

59. In Section 6H.2, the FHWA proposes to add a new Note 4 for

Figure TA-18 to read, ``Where traffic cannot effectively self-regulate,

one or two flaggers shall be used as illustrated in Figure TA-10.'' The

purpose is to improve the movement of traffic around the lane closure.

60. In Section 6H.2, the FHWA proposes to change Note 2 for Figure

TA-21 from a permissive condition to a STANDARD. This proposed change

is to provide for the direction of traffic around lane closures.

61. In Section 6H.2, the FHWA proposes to add a new Note 4

(GUIDANCE) and a new Note 5 (Option) to Figure TA-21 concerning

flashing or rotating lights on work vehicles. These proposed new notes

will assist in providing warning to road users and workers.

62. In Section 6H.2, the FHWA proposes to add a new Note 7 for

Figure TA-21 for the optional use of a truck-mounted attentuator on

shadow vehicles. This Option statement is proposed to provide safety to

road users and workers.

63. In Section 6H.2, the FHWA proposes to add a new Note 2

(GUIDANCE) for Figure TA-24 to provide for turn prohibition signs. This

GUIDANCE statement is being proposed to give road users addition

warning that turns are prohibited.

64. In Section 6H-2, the FHWA proposes to delete Note 2 (mandatory

condition) of Figure TA-26 concerning channelizing devices on tapers.

This proposal will make this in compliance with Section 6F.59,

CHANNELIZING DEVICES. That section recommends using a formula based on

speed, rather than a set number of channelizing devices.

65. In Section 6H.2, the FHWA proposes to change Note 2 for Figure

TA-27 on the use of uniformed law enforcement officers from a

permissive condition to GUIDANCE. The proposed GUIDANCE is to provide

for a person with recognized authority which should improve the safe

movement of traffic through the intersection.

66. In Section 6H.2, the FHWA proposes to add a new Note 6 for

Figure TA-27 which reduces the need for channelization for short-

duration work operations. We propose to add Note 6 to be in compliance

with Section 6G.2(1) which states that a reduction in the number of

devices may be offset by the use of other more dominant devices such as

flashing or rotating beacons on work vehicles.

67. In Section 6H.2, the FHWA proposes to add a new Note 1

(STANDARD) for Figure TA-28 to read as follows: ``Where sidewalks

exist, provisions shall be made for disabled pedestrians.'' The FHWA

also proposes to add this note as Note 1 (STANDARD) for Figure TA-29.

We propose to add this Note 1 to provide additional safety for disabled

pedestrians and to be in compliance with the Americans with

Disabilities Act Standards for Accessible Design.2

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\2\ Americans with Disabilities Act Handbook, U.S. Equal

Employment Opportunity Commission and the U.S. Department of

Justice, EEOC-BK-19, Appendix B, ``ADA Accessibility Guidelines,''

December 1991.

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68. In Section 6H.2, the FHWA proposes to add a new Note 2

(STANDARD) for Figure TA-29 on curb parking restrictions in advance of

mid-block crosswalks to provide additional safety for pedestrians. The

proposed STANDARD statement provides additional safety for pedestrians.

69. In Section 6H.2, the FHWA proposes to add a second sentence to

Note 3 (GUIDANCE) for Figure TA-30 providing for additional signing for

[[Page 73611]]

higher speed and higher volume roads. The proposed GUIDANCE is added to

provide safety instruction for the road users traveling at higher

speeds.

70. In Section 6H.2, the FHWA proposes to add new Notes 6, 7, 8, 9,

and 10 for Figure TA-34 concerning the use of traffic control devices

with movable barriers.

71. In Section 6H.2, the FHWA proposes to add a new Note 7 for

Figure TA-35 and a new Note 3 for Figure TA-37 to provide optional use

of truck-mounted attenuators on shadow vehicles. This is proposed

because truck-mounted attenuators attached to the rear of shadow

vehicles can reduce the severity of rear-end crashes.

72. In Section 6H.2, the FHWA proposes a new Note 6 for Figure TA-

35 to allow optional use of a shadow vehicle. Existing Note 6 would be

renumbered as Note 8.

73. In Section 6H.2, the FHWA proposes a new Note 5 for Figure TA-

35 to provide for the optional use of a shadow vehicle on the shoulder.

Note 5 will be renumbered as Note 9.

74. In Section 6H.2, the FHWA proposes to add a new Note 10 for

Figure TA-35 (GUIDANCE) on work vehicles and shadow vehicle locations.

This note is proposed to provide information and guidance to road users

of work ahead.

75. In Section 6H.2, the FHWA proposes to add a new Note 4 for

Figure TA-37 and a new Note 10 for Figure TA-38 to indicate where that

traffic may be redirected around the work area. These notes provide

additional information for the movement of traffic along the right

shoulder because the shoulder width is wide enough to safely

accommodate traffic.

76. In Section 6H.2, the FHWA proposes to add a new Note 6 for

Figure TA-39 which will address a problem of poor guidance for traffic

traveling through a two-lane, two-way operation at the end of the

construction zone. Consequently, truck drivers with driver eye heights

substantially above the road cannot see well enough through adverse

weather conditions (fog, heavy rain, snow squalls, etc.) to find

anything except the barrels leading back across the median. They too

often follow the backside of those barrels into the median, resulting

in crossover embankment collision, median side slope rollover, and

bridge rail impact. If we are going to use delineators to separate two-

lane, two-way traffic in construction zones, provisions should be made

to extend the line of delineation well beyond the end of two-lane, two-

way traffic in order to achieve ``continuity'' and to fulfill ``driver

expectancy'' under low visibility conditions.

77. In Section 6H.2, the FHWA proposes to add a new Note 7 for

Figure TA-39 concerning channelizing devices and signing for two-way

traffic. This new note is GUIDANCE to warn motorists that the roadway

is two-way traffic within a single lane, with flaggers.

78. In Section 6H.2, the FHWA proposes to change the third sentence

of Note 1 for Figure TA-40 from a permissive condition to GUIDANCE. ``A

temporary acceleration lane should be used to facilitate merging.'' The

proposed changed note will be renumbered Note 3 of the new Part VI.

79. In Section 6H.2, the FHWA proposes to add a STANDARD for Figure

TA-41 (Note 5) and for Figure TA-42 (Note 3) concerning the mounting

height for temporary EXIT signs in the temporary gore. The mounting

height noted in the above notes will be in compliance with Section 6F-

1, page 31, paragraph 6 of the Part 6 of 1993 Edition of MUTCD,

Revision 3.

80. In Section 6H.2, the FHWA proposes to add a new Figure TA-46,

Temporary Reversible Lane Using Moveable Barriers. Many jurisdictions

are using movable barriers. However, guidance for these devices is not

currently included in the MUTCD.

81. The FHWA proposes to add a new Figure TA-47, Variable Message

Sign Abbreviations. This proposed change is in response to

recommendations contained in the ``Older Driver Highway Design

Handbook'' as it will provide for uniformity in messages.

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 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.

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

[[Page 73612]]

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.

(23 U.S.C. 109(d), 114(a), 315, and 402(a); 23 CFR 1.32; 49 CFR

1.48)

Issued on: December 17, 1999.

Kenneth R. Wykle,

Administrator.

[FR Doc. 99-33404 Filed 12-29-99; 8:45 am]

BILLING CODE 4910-22-P