Federal Register, Volume 71 Issue 88 (Monday, May 8, 2006)

[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Proposed Rules]
[Pages 26711-26721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6882]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-2003-15149]
RIN 2125-AE98

National Standards for Traffic Control Devices; the Manual on
Uniform Traffic Control Devices for Streets and Highways; Maintaining
Traffic Sign Retroreflectivity

AGENCY: Federal Highway Administration (FHWA), (DOT).

ACTION: Supplemental notice of proposed amendments (SNPA); request for
comments.

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SUMMARY: In an earlier notice of proposed amendments (NPA), the FHWA
proposed to amend the Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD) to include methods to maintain traffic
sign retroreflectivity. Based on the review and analysis of the
numerous comments received in response to the NPA, the FHWA has decided
to substantially revise the proposed amendments to the MUTCD and, as a
result, is issuing this SNPA. With this SNPA, the FHWA proposes to
amend the MUTCD to include a standard for minimum maintained levels of
traffic sign retroreflectivity and methods to maintain traffic sign
retroreflectivity at or above these levels.

DATES: Comments must be received on or before November 6, 2006.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dms.dot.gov or fax comments to (202) 493-2251. Alternatively, comments
may be submitted via the Federal eRulemaking Portal at http://www.regulations.gov. All comments should include the docket number that
appears in the heading of this document. All comments received will be
available for examination and copying at the above address from 9 a.m.
to 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 or may print the acknowledgment page that
appears after submitting comments electronically. Anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Persons making comments may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or may visit
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Debra Chappell, Office of Safety
Design (202) 366-0087, or Raymond Cuprill, Office of the Chief Counsel
(202) 366-0791, Federal Highway Administration, 400 Seventh Street,
SW., Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

Interested parties may submit or retrieve comments online through
the Document Management System (DMS) at http://dms.dot.gov. The DMS is
available 24 hours each day, 365 days each year. Electronic submission,
retrieval help, and guidelines are available under the help section of
the Web site.
An electronic copy of this document may be downloaded using the
Office of the Federal Register's home page at http://www.archives.gov
and the Government Printing Office's Web page at http://www.access.gpo.gov/nara.

Background

On July 30, 2004, at 69 FR 45623, the FHWA published in the Federal
Register an NPA to amend the MUTCD to include methods to maintain
traffic sign retroreflectivity.^{1 2} This NPA was in response
to a Congressional directive in the Department of Transportation and
Related Agencies Appropriations Act, 1993 (Pub. L. 102-388; October 6,
1992). Section 406 of this Act directed the Secretary of Transportation
to revise the MUTCD to include a standard for minimum levels of
retroreflectivity that must be maintained for traffic signs and
pavement markings, which apply to all roads open to public travel. The
FHWA is currently conducting research to develop a standard for minimum
levels of pavement marking retroreflectivity. However, a NPA regarding
minimum pavement marking retroreflectivity is not expected to be issued
until the rulemaking for minimum traffic sign retroreflectivity is
finalized.
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\1\ The NPA published on July 30, 2004, at 69 FR 45623,
describes the research and development and other efforts by the FHWA
to implement this requirement. More information is available at the
following Web address: http://www.fhwa.dot.gov/retro.
\2\ The definition and measurement of retroreflectivity are
described in the International Commission on Illumination's report,
``Retroreflection: Definition and Measurement'' CIE Publication
54.2-2001, CIE Central Bureau, Vienna, Austria. The document is
available at the following Web address: http://www.cie.co.at/framepublications.html.
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The comment period for the NPA initially expired on October 28,
2004, but was extended to February 1, 2005 (69 FR 62007). As of June 1,
2005, the FHWA received 85 letters submitted to the docket containing
350 individual comments on the NPA. The FHWA received comments from the
National Committee on Uniform Traffic Control Devices (NCUTCD), the
American Association of State Highway and Transportation Officials
(AASHTO), State Departments of Transportation (State DOTs), city and
county governmental agencies, consulting firms, private industry,
associations, other organizations, and individual private citizens. The
FHWA has reviewed and analyzed the comments that were received as of
June 1, 2005. Docket comments and summaries of the FHWA's analyses and
determinations are discussed below. After considering and analyzing the
comments, the FHWA has decided to issue this SNPA. The proposed changes
would be designated as Revision No. 2 to the 2003 Edition of the
MUTCD.\3\
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\3\ The proposed changes to the MUTCD are available for review
at the following Web address: http://tcd.tamu.edu/Documents/MinRetro/2005-08-02_PROPOSED_Rev2.pdf.
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The MUTCD is incorporated by reference in 23 CFR 655.601. It is
available for inspection and copying as prescribed in 49 CFR part 7 and
on the FHWA's Web site at http://mutcd.fhwa.dot.gov. Requirements for
nighttime sign visibility have been included in every version of the

[[Page 26712]]

MUTCD since the first edition in 1935. The 2003 Edition of the MUTCD
continues to address the visibility of signs. Two pertinent MUTCD
sections include: Section 2A.08 Retroreflectivity and Illumination,
which states, ``[r]egulatory, warning, and guide signs shall be
retroreflective or illuminated to show the same shape and similar color
by both day and night, unless specifically stated otherwise in the text
discussion in this Manual of a particular sign or group of signs'' and
Section 2A.22 Maintenance, which states, ``All traffic signs should be
kept properly positioned, clean, and legible, and should have adequate
retroreflectivity.'' Section 2A.22 also recommends that nighttime
inspections be scheduled to assure adequate sign maintenance. This SNPA
proposes MUTCD revisions that address minimum sign retroreflectivity
levels and methods to maintain sign retroreflectivity. The proposed
MUTCD revisions would be mostly included in Section 2A.09 Minimum
Retroreflectivity Levels, which was a new section added in the MUTCD
Millennium Edition. Section 2A.09 currently serves as a placeholder for
the results of this SNPA.
While many of the respondents agreed with the intent and the
concepts proposed in the NPA, there were other respondents that
provided comments related to the following five major issues:
(1) The NPA proposal did not meet the intent of the 1993
Congressional directive to include a standard for the minimum levels of
retroreflectivity for traffic signs in the MUTCD;
(2) The table outlining the minimum retroreflectivity levels should
be placed in the MUTCD;
(3) Further clarification of the compliance period should be
provided;
(4) The visibility impacts associated with maintained sign
retroreflectivity should be described; and
(5) The requirements in the proposal would impose additional time
and resource burdens on public agencies.
The FHWA has decided to address the issues raised by the
respondents by issuing this SNPA. The purpose of this SNPA is to obtain
public comment on revised proposed amendments to the MUTCD to include a
standard for minimum levels of retroreflectivity that must be
maintained for traffic signs and methods to maintain traffic sign
retroreflectivity at or above these levels. The FHWA proposes the
following key changes:
(1) Add a STANDARD statement to Section 2A.09 that reads, ``Public
agencies or officials having jurisdiction shall use an assessment or
management method to maintain traffic sign retroreflectivity at or
above the minimum levels established in the Guidance below.'' This
STANDARD statement requires that a method be used to manage and
maintain retroreflectivity and also requires that sign
retroreflectivity be maintained to minimum levels. This is a revised
version of the GUIDANCE statement that was proposed in the NPA.
(2) Include the table of minimum retroreflectivity levels in the
MUTCD. In the NPA, the table of retroreflectivity levels was not
included in the MUTCD, but was instead contained in a document that was
referenced in the MUTCD.
These proposed changes are significant enough to warrant a SNPA,
which will also allow the FHWA to obtain and assess additional public
comments, including comments from States and local governments, before
a final rule is issued.

Discussion of Major Issues

This section provides a discussion of each of the five major issues
for which comments were received in response to the NPA, along with the
FHWA's proposed resolution. The next section discusses additional
comments that were received in response to the NPA that were not
related to the five major issues.
(1) The NPA proposal did not meet the intent of the 1993
Congressional directive to include a standard for the minimum levels of
retroreflectivity for traffic signs in the MUTCD.
The FHWA received comments from the National Association of County
Engineers (NACE), New Jersey DOT, Saline County (Kansas), and the City
of Plano (Texas) supporting the proposed text in the NPA that proposed
to include the minimum retroreflectivity levels in a GUIDANCE
statement, rather than a STANDARD statement.\4\ The Connecticut DOT
opposed the proposed GUIDANCE, stating that by proposing to reference
the minimum retroreflectivity levels and including compliance dates,
the FHWA went beyond GUIDANCE.
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\4\ In the context of this SNPA, the definitions of STANDARD and
GUIDANCE are identical to the definitions provided in the
Introduction of the MUTCD (http://mutcd.fhwa.dot.gov). Specifically,
a STANDARD is a statement of required, mandatory, or specifically
prohibitive practice regarding a traffic control device while a
GUIDANCE is a statement of recommended, but not mandatory, practice
in typical situations, with deviations allowed if engineering
judgment or engineering study indicates the deviation to be
appropriate.
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The American Automobile Association (AAA), the American Traffic
Safety Services Association (ATSSA), the Advocates for Highway and Auto
Safety (AHAS), the American Highway Users Alliance (AHUA), the American
Association of Retired Persons (AARP), a representative of the sign
industry, a consultant, and a private citizen all opposed the inclusion
of minimum retroreflectivity as a GUIDANCE, and instead proposed that
it should be a STANDARD. These comments stated that the Congressional
intent was that the MUTCD should include a STANDARD, and that the
importance of road safety is such that minimum levels of sign
retroreflectivity should be emphasized by creating a STANDARD.
The County Engineers Association of Illinois--District 3 submitted
three comments in general opposition to the proposed changes. In
particular, it felt that the proposed changes represented
overregulation and could be written as simple guidelines that would not
expose agencies to additional tort liability. McLean County (Illinois)
also opposed the proposed changes because it takes pride in its work
and states that a faded sign has never been blamed for a crash in
McLean County.
Considering these comments in conjunction with the FHWA's strong
support for safety and the MUTCD's opening sentence regarding the use
of traffic control devices to promote highway safety, the FHWA decided
to propose a STANDARD statement that requires public agencies and
officials with jurisdiction to implement a method to maintain traffic
sign retroreflectivity at or above the minimum levels included in the
MUTCD. This proposed STANDARD is intended to clearly satisfy the
Congressional directive of the 1993 Appropriations Act as well as
contribute to the improved safety of the motoring public. The FHWA
acknowledges that many agencies and public officials might have
concerns regarding this proposed STANDARD, particularly because of a
perceived potential increase in tort litigation. However, the FHWA's
primary concern is safety, and the FHWA believes this proposed change
will promote safety on our nation's streets and highways. At the same
time, the FHWA believes that the proposed changes to the MUTCD provide
sufficient flexibility for the agencies or officials to choose a
reasonable method to maintain and assess sign retroreflectivity that
fits the particular circumstances in their jurisdictions. In fact, the
selection of a reasonable method for maintaining sign retroreflectivity
and strict adherence to the same might have the opposite effect
concerning tort liability and litigation. Public agencies and officials
that

[[Page 26713]]

implement and follow a reasonable method in conformance with the
national MUTCD would appear to be in a better position to successfully
defend tort litigation involving improper sign retroreflectivity than
jurisdictions that lack any method.
The proposed changes include five methods that agencies can use to
maintain traffic sign retroreflectivity at or above the minimum levels.
In addition, agencies are not limited to these five proposed methods,
as they can also develop their own methods using documented engineering
judgment or studies that demonstrate that deviations are
appropriate.\5\ The FHWA's intent is that by using one of these
proposed methods to assess and maintain traffic sign retroreflectivity,
agencies would be in conformance with the national MUTCD requirement to
maintain the minimum levels of traffic sign retroreflectivity.
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\5\ The 2003 Edition of the MUTCD defines a guidance statement,
which is how the five methods to maintain sign retroreflectivity are
proposed in the SNPA, as a statement of recommended, but not
mandatory, practice in typical situations, with deviations allowed
if engineering judgment or engineering study indicates the deviation
to be appropriate. The terms engineering judgment and engineering
study are further defined in the MUTCD, which can be found online at
the following URL: http://mutcd.fhwa.dot.gov.
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The purpose of providing the five methods and allowing additional
methods is to provide flexibility for agencies in terms of complying
with the MUTCD. In other words, conformance with the proposed changes
in this SNPA would be achieved by having a method in place to maintain
the minimum retroreflectivity levels, rather than by providing the
minimum retroreflectivity level for every individual sign at every
point in time. For example, if an agency chooses to implement the
visual nighttime inspection method, there is no guarantee that the
retroreflectivity of all of the agency's signs listed in the table of
minimum retroreflectivity levels will be satisfied during the entire
period that the signs are in the field. Assuming that an agency
successfully completes the annual visual nighttime inspections and that
signs failing the subjective evaluation or signs rated as marginal are
scheduled for replacement or reassessment within a reasonable time
period, then there is clearly a period when these signs might be below
the levels in the table of minimum retroreflectivity levels while the
sign is awaiting replacement or reassessment. Having a method in place
to maintain the minimum retroreflectivity levels is a valuable way for
agencies to prioritize how to spend limited resources on those signs
that should be replaced sooner, thus ultimately contributing to
improved safety for the motoring public.
There are other conditions where signs might be rated as being
satisfactory while temporarily falling below the minimum
retroreflectivity levels.\6\ For example, dew and frost on signs have
been shown to significantly reduce retroreflectivity. In addition,
while research has shown that the visual nighttime inspection is a
reasonable method in terms of identifying signs that need to be
replaced because of inadequate retroreflectivity, the nighttime visual
inspection method is not 100 percent reliable.^{7 8} When
inventories are not available for use on nighttime visual inspections,
it is not unreasonable to miss a small percentage of signs along a
densely-signed corridor, especially if a sign was knocked down or
missing for some other reason at the time of the inspection. It is also
possible that a sign or a group of signs could have adequate
retroreflectivity for a predetermined number of years, but because of
factors such as sign manufacturing defects or inadvertent mishandling
during installation, a certain percentage might fall below the criteria
in the proposed table of minimum retroreflectivity sooner than
expected.
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\6\ Hildebrand, E. Reduction in Traffic Sign Retroreflectivity
Caused by Dew and Frost. Proceedings from Transportation Research
Board's (TRB) 82nd Annual Meeting, Washington, DC, January 2003.
\7\ Lagergran, E.A. Traffic Sign Retroreflectivity Measurements
Using Human Observers. Report No. WA-RD-140.1, Washington State
Transportation Center, Seattle, WA, 1987.
\8\ Hawkins, H.G. and P.J. Carlson. Results of Visual
Evaluations of Sign Retroreflectivity Compared with Minimum
Retroreflectivity Recommendations. In Transportation Research Record
1754, TRB, National Research Council, Washington, DC, 2001, pp. 11-
20.
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Having records to document the methods for managing sign
retroreflectivity will help the agency achieve conformance with the
proposed standard to maintain the minimum levels of retroreflectivity
of traffic signs, as well as provide the agency with a more systematic
process of replacing signs and a better justification for the
allocation of limited resources. For example, it would be reasonable to
have documentation showing that nighttime sign inspections were
conducted and that signs rated poor or marginal were marked for
replacement or further evaluation. It would also be reasonable to have
documentation showing the installation date of signs, their expected
sign life, and programmed date of replacement. This is particularly
important because measurements of traffic sign retroreflectivity might
show that certain signs are near or below the thresholds in the table
of minimum retroreflectivity levels before they reach their expected
life. As long as an agency has a reasonable method in place to manage
or assess its signs, and establishes a reasonable schedule for sign
replacement as needed, then the agency will be deemed to be in
conformance with the standard proposed in this SNPA.
(2) The table outlining the minimum retroreflectivity levels should
be placed in the MUTCD.
The FHWA received many comments regarding the proposal in the NPA
to place the table outlining the minimum maintained retroreflectivity
levels in a referenced document (Maintaining Traffic Sign
Retroreflectivity), rather than in the language of the MUTCD. On one
hand, the FHWA received 30 comments representing the AASHTO, the NACE,
26 State DOTs, and two Counties supporting the proposed reference to
the document, ``Maintaining Traffic Sign Retroreflectivity,'' and
thereby only referencing the minimum retroreflectivity levels, rather
than including them in the MUTCD text. Additionally, the Wisconsin DOT
commented that referencing this document in GUIDANCE is too stringent,
and requested that this reference be removed from the GUIDANCE. On the
other hand, the FHWA received ten comments representing the ATSSA, the
AHAS, the AHUA, Vermont Agency of Transportation, a representative of
the sign industry, private citizens, and a consultant suggesting that
the minimum maintained retroreflectivity levels should be included in
the body of the MUTCD text in order to strengthen the proposed
amendment as well as to make it easier for jurisdictions to find and
adhere to the appropriate levels.
The FHWA has considered these comments and has decided to propose
to include the table of minimum retroreflectivity levels in Section
2A.09 of the MUTCD as a new Table 2A-3. The FHWA agrees with these ten
comments that a clear indication of the levels should be directly
included in the MUTCD language as a convenience to all readers of the
MUTCD. Moreover, the relationship between the FHWA's safety mission and
the purpose of traffic control devices as described in the MUTCD, as
well as the need to clearly satisfy the Congressional directive in the
1993 Appropriations Act, led to the FHWA's decision to propose to
include a reference to the table of minimum retroreflectivity levels in
a GUIDANCE statement in the MUTCD. The FHWA

[[Page 26714]]

believes that this proposed change, in addition to the proposed methods
listed in the MUTCD, provides sufficient flexibility for agencies or
officials to determine methods that can be customized to fit their
particular circumstances.
The NACE, Saline County (Kansas), and Pierce County (Washington)
suggested that the title of the minimum retroreflectivity table be
changed from ``Minimum Maintained Retroreflectivity Levels'' to
``Research Recommendations for Updated Minimum Retroreflectivity
Levels.'' The FHWA disagrees because the table was developed based on
the results of extensive research and the details describing this
research have been provided in the document, ``Maintaining Traffic Sign
Retroreflectivity.'' Therefore, the FHWA believes that there is no need
to include ``Research Recommendations'' in the title.
(3) Further clarification of the compliance period should be
provided.
In the NPA, the FHWA proposed to add target compliance dates for
Section 2A.09 Minimum Retroreflectivity to the STANDARD statement in
the Introduction to the MUTCD. The FHWA proposed a phase-in target
compliance period of 7 years for regulatory, warning, and post-mounted
guide signs and 10 years for overhead guide signs and street name signs
from the effective date of the final rule for Revision No. 2 of the
2003 MUTCD to minimize any impact on State or local governments.
The NACE, Michigan and New Jersey DOTs, Saline County (Kansas), and
Pierce County (Washington) all commented that the compliance periods
needed to be clarified, since it was unclear as to whether agencies
were to have an assessment or management process in place by the end of
the compliance period, or if the intent was that the signs themselves
be in compliance by the end of the compliance period.
Therefore, in this SNPA, the FHWA proposes new language in the
Introduction of the MUTCD that is intended to clarify the meaning of
the compliance periods. Public agencies or officials having
jurisdiction will have 2 years to identify and begin using a method to
maintain sign retroreflectivity at or above the established minimum
levels. In addition, the new language in this SNPA makes it clear that
the 7- and 10-year compliance dates apply only to signs that have been
identified using an assessment or management method as failing to meet
the minimum retroreflectivity levels. The 7-year proposed compliance
date for regulatory, warning, and ground-mounted guide signs (except
for street name signs) was established to allow new signs with ASTM
Type I materials \9\ just being installed to remain in place for their
normal expected life \10\ before being removed and replaced with more
efficient retroreflective sheeting materials. Similarly, the FHWA
proposes the 10-year compliance date for street name signs and overhead
guide signs because more durable materials are normally used on these
signs.
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\9\ ASTM Type designations are defined in ASTM D4956. From this
point forward, the ASTM prefix will be omitted from the text, but
should be implicitly assumed when a specific Type of material is
designated.
\10\ Wolshon, B., et al. Analysis and Predictive Modeling of
Road Sign Retroreflectivity Performance. TRB Visibility Symposium,
Iowa City, Iowa, June 2002. This paper can be found at http://arrow.win.ecn.uiowa.edu/symposium/DraftPapers/VIS2002-17.pdf.
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Because the proposed compliance dates are tied to the normal
expected life of retroreflective materials, the FHWA believes that the
changes proposed in this SNPA would lead to visibility improvements and
safety enhancements without causing undue financial hardships. For
those agencies and officials with jurisdiction already using sign
maintenance practices that include retroreflectivity considerations,
the proposed changes would have a negligible impact. For those agencies
that do not already have a sign maintenance practice in place, the
analysis described in the section ``Imposing additional time and
resource burdens on public agencies'' and another analysis described
near the end of this document demonstrate that the economic impacts
would cause minimal additional expenses. Furthermore, the FHWA
anticipates that the visibility improvements that are expected from
these proposed changes would be derived from the physical removal and
replacement of signs that have inadequate retroreflectivity rather than
from an overall upgrade of all signs regardless of their
retroreflective sheeting material condition.
The following example is provided to clarify how the proposed
compliance dates are tied to normal expected sign life. Assuming that
these proposed changes become final on January 1, 2007, then agencies
and officials with jurisdiction will have until January 1, 2009, to
establish a sign assessment or management method and have it
operational. Thus by January 1, 2009, agencies and officials will be
identifying signs that need to be replaced because of assessed or
anticipated insufficient retroreflectivity levels. Agencies and
officials will then have until January 1, 2014, to bring the identified
regulatory, warning, and ground-mounted guide signs, excluding street
name signs, into conformance with the proposed table of minimum
retroreflectivity levels. If an agency or officials are using Type I
material for certain signs such as warning signs, they would have until
January 1, 2014, to have those signs removed and replaced with signs
with at least Type III material. Similarly, agencies and officials
would have until January 1, 2017, to bring the identified street name
signs and overhead guide signs into conformance with the proposed table
of minimum retroreflectivity levels.
The FHWA received comments from the American Public Works
Association (APWA), the American Road and Transportation Builders
Association (ARTBA), and a private citizen in support of the compliance
periods proposed in the NPA. Seven comments representing the ATSSA, the
AARP, two representatives of the sign industry, and two private
citizens all opposed the proposed compliance periods. These comments
stated that the periods were too long and should be shortened in order
to improve the effectiveness of signs and therefore roadway safety more
quickly. Several of the comments cited publications about roadway
safety and the economic benefits to society of saving lives. The FHWA
considered these comments, but believes that shortening the compliance
period might place a financial hardship on State DOTs and local
governments. In addition, the proposed MUTCD language described herein
is intended to enhance safety above the current level. It is expected
that safety will be enhanced during the transition periods associated
with the compliance dates and these transition periods achieve a
reasonable balance between the costs associated with the proposed
changes and safety.
Ten comments representing the NACE, Alabama, Arizona, Pennsylvania,
Vermont, and Washington State DOTs, as well as McLean County
(Illinois), Saline County (Kansas), Pierce County (Washington), and the
City of Fort Worth (Texas) all opposed the compliance periods, stating
that the compliance periods were too short. Many of these agencies
cited economic concerns, while others suggested that the life cycle of
the sign sheeting that they use is longer than the 7- and 10-year
compliance periods, therefore the compliance period should be tailored
more to the specific sign sheeting types used by agencies. Pierce
County (Washington) suggested that the compliance period should be 15
years,

[[Page 26715]]

which was the compliance period for minimum letter size on street name
signs for streets and highways having a speed limit greater than 25
mph.
The FHWA disagrees with extending the compliance period because the
FHWA believes the proposed target compliance period of 7 years would
allow State and local agencies to replace their signs made with Type I
materials within a normal replacement period of a commonly accepted 7-
year service life. In addition, the proposed 10-year compliance period
for street name signs and overhead guide signs would allow an extended
period of time because of the longer service life typically associated
with those signs. Existing signs installed by those agencies that are
already using higher-grade sign sheeting materials would likely meet
the minimum retroreflectivity levels in the 7- and 10-year compliance
periods, and would not need to be replaced. The proposed compliance
periods also exceed the 6-year compliance period requested by the
AASHTO Task Force on Retroreflectivity.
(4) The visibility impacts associated with maintained sign
retroreflectivity should be described.
Respondents such as the County Engineers Association of Illinois--
District 3 stated that the concept of improved visibility as described
in the proposed NPA was unclear. In addition, the AHAS pointed out that
the concept of enhanced nighttime visibility has not been thoroughly
verified. The following discussion demonstrates the FHWA's view
regarding the impacts of this SNPA in terms of enhanced nighttime sign
visibility. Besides establishing minimum retroreflectivity levels for
certain sign types, the table of minimum retroreflectivity levels
proposed for inclusion in the MUTCD also eliminates the use of certain
types of retroreflective sheeting materials depending on the type of
sign. For instance, in this SNPA (and in the previous NPA), the FHWA
proposes that Type I material would be unacceptable for warning signs
and for legends on ground-mounted guide signs, and Type I, II, and III
materials would be unacceptable for legends on overhead guide signs.
Research has shown that these restrictions are needed to accommodate
the needs of older drivers who generally have diminished visibility
capabilities when compared to their younger
counterparts.^{11 12}
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\11\ Carlson, P.J. and H.G. Hawkins. Updated Minimum
Retroreflectivity Levels for Traffic Signs. FHWA-RD-03-081. U.S.
Department of Transportation, Federal Highway Administration,
Washington, DC, 2003.
\12\ Carlson, P.J., H.G. Hawkins, G.F. Schertz, D.J. Mace, and
K.S. Opiela. Developing Updated Minimum In-Service Retroreflectivity
Levels for Traffic Signs. In Transportation Research Record 1824,
TRB, National Research Council, Washington, DC, 2003, pp. 133-143.
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Although the impact of restricting some types of sign material for
certain classes of signs cannot be precisely estimated, the enhanced
sign performance or improved visibility can be estimated in various
ways. For instance, a convenient way to compare the relative
performance of warning signs is to compare the retroreflectivity levels
of different sheeting materials. The typical retroreflection level for
new yellow Type I materials is approximately 65 cd/lx/m² and
the typical retroreflection level for new yellow Type III beaded
materials is approximately 230 cd/lx/m². Based on these
typical retroreflectivity levels, Type III warning sign material will
have about 3.5 times more retroreflectivity than Type I warning sign
material. However, the retroreflectivity levels used for this example
are associated with a retroreflective geometry that is based on an
observation angle of 0.2 degrees and an entrance angle of 4 degrees.
Thus the increase in retroreflection of 3.5 times is associated with
specific angles that will not be constant throughout a vehicle's
approach to a sign.
Another way to compare the relative performance of sheetingis to
compare the fractional retroreflection, or RT.\13\ The
fractional retroreflection is usually expressed as a percentage and can
be thought of as a measure of the sign sheeting efficiency in terms of
its ability to return light to the source in a cone-shaped pattern. By
summing the retroreflectivity levels throughout a range of observation
angles, the fractional retroreflection is perhaps a more useful measure
to describe the performance of a sign throughout the range of distances
and angles during which the information from the sign should be
available to approaching motorists.
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\13\ The fundamentals of retroreflection, including observation
angle, entrance angle, and fractional retroreflection, are described
in the International Commission on Illumination's report,
``Retroreflection: Definition and Measurement'' CIE Publication
54.2-2001, CIE Central Bureau, Vienna, Austria. The document is
available at the following Web address: http://www.cie.co.at/framepublications.html html.
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The fractional retroreflection of Type I material is about 8
percent. For Type III beaded material, the fractional retroreflection
is about 16 percent. For the microprismatic sign sheeting materials
described in ASTM D4956-04, the fractional retroreflection is about 30
to 35 percent. Based on these measures, the efficiency of warning signs
in terms of their ability to return light to the source could be
doubled by changing the sign sheeting from a Type I material to a Type
III material and then could be doubled again by using one of the
microprismatic materials currently defined in ASTM D4956-04. The FHWA
believes that restricting some types of sign material for certain
classes of signs will improve nighttime sign visibility to a level
needed to accommodate older drivers.
(5) The requirements in the proposal would impose additional time
and resource burdens on public agencies.
The Virginia DOT and Branch County (Michigan) both opposed the sign
retroreflectivity language asserting that they would incur significant
additional costs to meet the requirements. Furthermore, Virginia DOT
and Branch County indicated that they have not received complaints
about their signs, and that their older signs are replaced on a
continuous basis.
A potential outcome of the proposed MUTCD changes described herein,
besides the improved nighttime traffic sign visibility as previously
explained, is that sign life-cycle costs may be enhanced by using more
durable retroreflective sheeting materials (as indicated by the case
studies described above). For instance, Type I material typically has
an in-service life of about 7 years, while Type III material usually
has an in-service life of 10 years.\14\ Patents protecting the
technology of Type III materials have expired, which has created a very
competitive market. The cost difference between Type I and Type III
materials is small. In addition, some agencies such as Indiana DOT \15\
have studied the in-service life of Type III materials and found that
they can be expected to perform adequately for at least 12 years
(factors such as geographic regions within the U.S. can impact the
expected in-service life of traffic signs). Therefore, even though the
initial costs of Type III materials are slightly higher than Type I
materials, the longer material life can produce more economical
lifecycle costs. The longer material life also results in sign
technicians spending less time working within the right-of-way to
replace deficient signs, thus reducing their exposure to being struck
by out-of-control vehicles.
---------------------------------------------------------------------------

\14\ Hawkins, G.H., P.J. Carlson, B. McCaleb, and C. McIlroy.
Impact of Minimum Retroreflectivity Values on Sign Replacement
Practices. FHWA/TX-97/1275-1F. College Station, TX, October 1996.
\15\ Nuber L. and D. Bullock. Comparison of Observed
Retroreflectivity Values with Proposed FHWA Minimums. Proceedings
from the TRB's 81st Annual Meeting, Washington, DC, January 2002.

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

[[Page 26716]]

It is important to note that the costs associated with the changes
proposed in this SNPA should be based on the incremental cost of using
a more efficient type of retroreflective material for the sign face
when the sign is replaced prior to the compliance dates. It is also
important to note that these costs should be only associated with the
classes of signs that have restrictions on the types of sign sheeting
materials that can be used. Currently, the MUTCD contains a GUIDANCE
statement for nighttime sign inspections to maintain adequate sign
retroreflectivity. Therefore, an agency's budget should already include
the cost of replacing signs with deficient retroreflectivity.
Agencies currently using the sheeting materials that will become
restricted as proposed in this SNPA would have to absorb the costs of
using more efficient sign sheeting material within the appropriate
compliance dates. To estimate the number of signs made with Type I
materials that would need to be upgraded as a result of the proposed
changes in this SPNA, data from a previous FHWA-sponsored report \16\
were used since no other national data are currently available. The
report describes sign information data that were collected from 16
States and 9 local agencies, representing a reasonable national
coverage. While the specific dates of the sign information are not
referenced in the report, based on the publication date of the report,
and assuming the data had been collected a few years before the report
was published, it is reasonable to assume the data are now
approximately 10 years old. This is important because many agencies
might have already upgraded their sign sheeting policy to something
other than Type I and therefore the following estimates might be
conservative and might represent the worse case scenario.
---------------------------------------------------------------------------

\16\ McGee, H.W. and S. Taori. Impacts on State and Local
Agencies for Maintaining Traffic Signs Within Minimum
Retroreflectivity Guidelines. FHWA-RD-97-053, FHWA, Washington, DC,
1998.
---------------------------------------------------------------------------

The State agency data included a total of 2,757 yellow and orange
warning signs. The dates of installation of these signs ranged from
1973 to 1995 with an average installation date of 1989. Of that sample,
1,443 (or 52.3 percent) were made with Type I materials.
The local agency data included a total of 2,030 yellow and orange
warning signs. The dates of installation of these signs ranged from
1979 to 1994 with an average installation date of 1990. Of that sample,
1,294 (or 63.7 percent) were made with Type I materials.
The FHWA proposes to eliminate Type I material for ground-mounted
guide sign legends. Using the same data set described above, it is
possible to estimate the number of ground-mounted guide signs using
legends made with Type I materials. For the State agencies, a total of
929 signs were measured and 420 (45.2 percent) of the legends were made
with Type I material. For the local agencies, a total of 300 signs were
measured and 111 (37.0 percent) of the legends were made with Type I
material.
Finally, the FHWA proposes to eliminate Type I, II, and III
materials for overhead guide sign legends. The previously referenced
data source contains no overhead signing data. Therefore, the impacts
of the overhead guide sign policy as proposed in this SNPA were
assessed using the results of a Virginia DOT survey completed in early
2005.\17\ That survey included questions for State agencies regarding
overhead guide signs and retroreflective sheeting. Of the 21 States who
responded, one State (4.8 percent) uses Type I for legend material,
eight States (38.1 percent) use Type III for legend material, and the
remaining 12 States (57.1 percent) use Type VII, VIII, or IX for legend
material.
---------------------------------------------------------------------------

\17\ From an unpublished Virginia DOT survey of State DOT
overhead sign lighting and sheeting policies, a copy of which is
available for inspection on the docket.
---------------------------------------------------------------------------

Based on this analysis, it can be estimated that approximately 50
to 60 percent of the in-service yellow and orange warning signs use a
Type I material for their sign face. Similarly, it can be estimated
that approximately 50 to 60 percent of the in-service ground-mounted
guide signs use a Type I material for the legend, and that
approximately 40 percent of the States use a Type I, II, or III
material for the legend of their overhead guide signs. The proposed
table of minimum retroreflectivity levels would require that these
signs be replaced with more efficient retroreflective materials before
the respective compliance dates (7 years for ground-mounted signs and
10 years for street name signs and overhead guide signs).

Discussion of Other Comments

In addition to the five major issues discussed in the previous
section, the FHWA also received comments that can be grouped into the
following topics:
(6) Extension of the initial NPA comment period;
(7) Maintaining traffic sign retroreflectivity;
(8) Methods to maintain traffic sign retroreflectivity;
(9) Potential safety implications of maintained sign
retroreflectivity;
(10) Signs excluded from the proposed rule;
(11) Levels of minimum retroreflectivity and contrast ratios;
(12) Adding minimum retroreflectivity levels for larger observation
angles;
(13) Adding types of sheeting to the minimum retroreflectivity
table;
(14) Need for technical support and training;
(15) Changes to Section 2A.22 Maintenance; and
(16) Pavement markings.
This section of this SNPA contains a discussion of each of these
topics.
(6) Extension of the initial NPA comment period.
The NCUTCD, the AASHTO, and Connecticut DOT all requested that the
comment period be extended so that their members would have a
sufficient period of time to review and develop comments. As a result,
the FHWA published a notice in the Federal Register on October 22,
2004, that extended the comment period to February 1, 2005 (69 FR
62007). The ATSSA opposed any extension of the comment period, while
the AHUA opposed extending the comment period beyond February 1, 2005.
(7) Maintaining traffic sign retroreflectivity.
In Section 1A.11 Relation to Other Publications, the FHWA proposed
in the NPA to add the 2003 version of the publication ``Maintaining
Traffic Sign Retroreflectivity'' to the list of other publications that
are useful sources. There were 32 comments from the AASHTO, the NACE,
27 State DOTs, Saline County (Kansas), Pierce County (Washington), and
a consultant in support of adding a reference to the publication
``Maintaining Traffic Sign Retroreflectivity'' to the discussion of
useful sources of information. The primary reason for their support was
the fact that the table showing the minimum levels of
retroreflectivity, which is contained in the referenced publication,
would thereby not be explicitly included within the body of the MUTCD
language. Instead, the table of minimum values would be a part of the
referenced publication and could easily be updated as the science of
sign visibility continued to evolve.
While the FHWA still feels that the referenced document
``Maintaining Traffic Sign Retroreflectivity'' is a useful document
that provides additional details of the methods available to satisfy
the intent of the MUTCD sign retroreflectivity language, the FHWA has
decided to include the table of

[[Page 26717]]

minimum retroreflectivity levels in the MUTCD text as previously
described. This SNPA references the 2005 Edition of the document
entitled ``Maintaining Traffic Sign Retroreflectivity'' that has been
updated to reflect the proposed changes described in this SNPA.
The ATSSA and a consultant suggested that the MUTCD should include
a statement mentioned in the ``Maintaining Traffic Sign
Retroreflectivity'' document that states, ``It should be noted that
there may be situations where, based on engineering judgment, an agency
may want to provide greater retroreflectivity.'' The FHWA agrees with
this concept, but because there has not been sufficient research to
document the situations or to what extent additional retroreflectivity
would be needed, it is premature to add such a statement. However, the
FHWA notes that the proposed SNPA would not restrict agencies from
using higher levels of retroreflectivity if, based on engineering
judgment or studies, the agencies determine that higher levels are
warranted.
The NACE, Saline County (Kansas), and Pierce County (Washington)
suggested amending the ``Maintaining Traffic Sign Retroreflectivity''
document to provide the proper context for use of the table showing the
retroreflectivity values. In addition, the NACE, Saline County
(Kansas), and Pierce County (Washington) suggested that the FHWA
provide additional information on how a practitioner would use the
table of values to set up a management or assessment program. The FHWA
agrees, and has updated the ``Maintaining Traffic Sign
Retroreflectivity'' document to provide additional information to
support the minimum retroreflectivity table, which the FHWA now
proposes to include in the MUTCD. In addition, the FHWA has provided
and will continue to provide training material to help agencies comply
with the proposed rule.
(8) Methods to maintain traffic sign retroreflectivity.
The NPA included five methods that agencies can use to maintain
traffic sign retroreflectivity at or above the established minimum
levels. The FHWA received 26 comments from the AASHTO, the NACE, the
ARTBA, 18 State DOTs, and two counties supporting the flexibility that
these methods provide. Other respondents provided a mixed set of
requests asking for additional details in some cases and for less
detail in other cases. The FHWA considered the extent of these comments
and has retained the list of assessment and management methods in
Section 2A.09, but has provided less detail about each specific
assessment and management method. The additional details requested will
be provided in the referenced document entitled, ``Maintaining Traffic
Sign Retroreflectivity (2005 Edition).''
(9) Potential safety implications of maintained sign
retroreflectivity.
Forty-six comments representing State and local DOTs, the AASHTO,
the NACE, the AARP, the ARTBA, industry, consultants, and private
citizens agreed with the general principle that it is desirable to
maintain adequate levels of sign retroreflectivity to enhance safety
for motorists during the hours of darkness and during adverse weather.
However, the AHAS questioned the sustainability of the NPA proposal in
terms of safety validation.
Although there has not been a study definitively linking the safety
benefits of maintaining or upgrading retroreflective sign sheeting
materials, there have been some investigations that demonstrate
potential safety benefits of upgrading sign sheeting materials.\18\ The
FHWA believes these investigations provide support for the potential
safety benefits of upgrading these materials.
---------------------------------------------------------------------------

\18\ D. Ripley. Quantifying the Safety Benefits of Traffic
Control Devices--Benefit-Cost Analysis of Traffic Sign Upgrades.
Accepted for publication in the proceedings of the 2005 Mid-
Continent Transportation Research Symposium, Ames, Iowa, August
2005. This paper can be found at http://tcd.tamu.edu/Documents/MinRetro/MinRetro.htm.
---------------------------------------------------------------------------

The City of Sioux City, Iowa has a population of approximately
85,000. The City was using Type I materials prior to 1995 when a sign
upgrade program was initiated that started with Type III material, but
eventually moved to a Type IX material. The City was replacing
approximately 10 percent of its total sign inventory per year. Using
crash data, the City determined that the crashes per million vehicle
miles dropped from about 6.5 in 1995 to about 4.0 in 1999. In addition,
the ratio of nighttime to daytime crashes during the same period
dropped from about 1.19 to about 0.96. The City estimated the costs of
the program to be approximately $150,000 for the three years from 1997
to 1999. During that same time, the City estimated a total cost savings
of almost five million dollars, using an average crash cost of $2,350.
The benefit-cost ratio was estimated to be 34:1.
Putnam County, New York is a rural county located just north of New
York City. The County is responsible for maintaining over 115 miles of
roads. In 1992, all county road signs were fabricated with Type I
materials. In 1993 and 1994, the County upgraded over 2,000 traffic
signs to Type III material (for regulatory and warning signs on
roadways with recommended speeds of 30 mph and above) and Type IX
material (for arrows and chevrons as well as signs on roadways with
recommended speeds of 25 mph and below). Three county roads were chosen
for analysis to determine the impacts of the sign sheeting upgrade
program. Two of the roads were chosen because they had the highest
traffic volumes in the county and the third road was chosen because it
had the highest crash rate in the county. The available accident
statistics for 1992 (the year before the sign upgrades) and 1995 (the
year after the higher performance signs were installed) were analyzed
in this study. Based on the results of this study, the difference in
reported crashes between 1992 and 1995 was impressive. The total number
of crashes was reduced by 26 percent, the number of injury crashes was
reduced by 23 percent, and the number of nighttime crashes was reduced
by 50 percent.
There are a number of limitations associated with each of these
investigations. For example, other roadway improvements such as fresh
pavement overlays and new pavement markings were implemented
simultaneously with the signing upgrades, which make the determination
of the safety effects directly associated with the signing upgrades
difficult to assess. In addition, the investigations have not been
individually published in peer-reviewed journals.
Despite these limitations, these investigations demonstrate that
upgrading sign sheeting material can lead to improved safety. More
importantly, maintaining adequate sign retroreflectivity is consistent
with one of the FHWA's primary goals, which is to improve safety on the
nation's streets and highways. Many safety strategies are dependent on
adequate sign visibility. The FHWA expects that improvements to
nighttime visibility of traffic signs will help drivers better navigate
the roads at night and thus promote safety and mobility, which is
consistent with the purposes of traffic control devices as described in
Section 1A.01--Purposes of Traffic Control Devices of the MUTCD.
Improvements in sign visibility will also support the FHWA's efforts to
be responsive to the needs of older drivers, which is important because
the number of older drivers is expected to increase significantly
during the next 30 years.
(10) Signs excluded from the proposed rule.
In the NPA, the FHWA proposed to list in an OPTION paragraph signs
that agencies may exclude from the

[[Page 26718]]

proposed assessment methods and minimum maintained sign
retroreflectivity levels. The signs that the FHWA proposed to exclude
were: (1) Parking, Standing, and Stopping signs (R7 and R8 series), (2)
Walking, Hitchhiking, and Crossing signs (R9 series, R10-1 through R10-
4b), (3) Adopt-A-Highway series, (4) All signs with blue or brown
backgrounds, and (5) Bikeway signs that are intended for exclusive use
by bicyclists and/or pedestrians. The intent was that the proposed list
would not exclude those signs from the existing retroreflectivity and
maintenance requirements and GUIDANCE that are currently included in
the MUTCD.
The FHWA received 10 comments from Michigan DOT, Monroe County (New
York), the ATSSA, the AARP, industry, and consultants in response to
the proposed language in the OPTION paragraph described above. The FHWA
considered the comments and has decided not to make any changes. While
one of the key goals of the proposed MUTCD language described herein is
to promote safety, the FHWA believes that the minimum retroreflectivity
levels proposed in this SNPA should include, at a minimum, the most
important signs--regulatory, warning, and guide signs.
The FHWA also received comments from the AHAS, the ATSSA, industry,
and two consultants indicating that blue and brown signs should be
included in the table of minimum retroreflectivity levels. Research is
underway to provide a set of recommended minimum retroreflectivity
levels for signs with blue and brown backgrounds, but there are no
immediate plans to establish minimum retroreflectivity levels for these
or other sign colors. The FHWA seeks comments on the need for
retroreflectivity levels to be developed for signs with blue and brown
backgrounds.
(11) Levels of minimum retroreflectivity and contrast ratios.
A representative of the sign industry opposed the levels of
retroreflectivity proposed in the NPA, stating that they corresponded
to a level of sign performance that is too low, and do not meet the
needs of drivers on roads with both horizontal and vertical curvature,
drivers on roads that are located in high ambient light conditions,
drivers of large trucks, or older drivers.
The FHWA acknowledges that the initial research did not cover all
conditions possible; however, providing adequate traffic sign luminance
for all drivers in the worst possible situations could not be
accomplished by retroreflectivity alone and would require additional
illumination. The initial research did include sensitivity analyses for
different vehicle sizes, including large trucks. Also, the subjects
used in the studies were at least 55 years of age with a median age of
62 years (the oldest driver to complete the study was over 80 years of
age). The minimum retroreflectivity levels have been estimated to
provide a nighttime accommodation level that corresponds to levels
above 90 percent of the nighttime driving population. It should be
noted that more studies are needed as recommended in some FHWA
publications.^{19 20}
---------------------------------------------------------------------------

\19\ Carlson, P.J. and H.G. Hawkins. Updated Minimum
Retroreflectivity Levels for Traffic Signs. Final Report FHWA-RD-03-
081. Federal Highway Administration, Washington, DC, 2003.
\20\ Carlson, P.J., H.G. Hawkins, G.F. Schertz, D.J. Mace, and
K.S. Opiela. Developing Updated Minimum In-Service Retroreflectivity
Levels for Traffic Signs. In Transportation Research Record 1824,
TRB, National Research Council, Washington, DC, 2003, pp. 133-143.
---------------------------------------------------------------------------

The Virginia DOT questioned whether minimum contrast ratios are
needed for the white on green signs since a minimum contrast ratio is
shown for white on red signs. The FHWA believes that contrast ratios
are not needed for white on green signs since green signs are made with
green sheeting and are much more durable in terms of maintaining their
color than red signs, which are made from silk screening and thus fade
towards white as the silk screen's red color fades.
A consultant opposed the contrast ratios, stating that contrast
ratios of 3:1 are too low, and recommended that the ratio be raised to
4:1. The FHWA disagrees because the key issue is that the contrast
ratio for the minimum retroreflectivity levels is assigned to red
signs. These are signs that have unique shapes and/or sizes in addition
to their legends. Therefore, the information they convey is provided
through an iconic manner, rather than textual. For iconic signs, or
recognition-based tasks, a contrast ratio of 3:1 is adequate.\21\ For
legibility-based tasks, contrast ratios higher than 3:1 would be
preferred.
---------------------------------------------------------------------------

\21\ Carlson, P.J. and H.G. Hawkins. Updated Minimum
Retroreflectivity Levels for Traffic Signs. Final Report FHWA-RD-03-
081. Federal Highway Administration, Washington, DC, 2003.
---------------------------------------------------------------------------

The Arizona DOT opposed any reference in the MUTCD to actual
minimum retroreflectivity values, either in research or in another FHWA
publication. The Arizona DOT states that the research values have
fluctuated in the past 10 years, and with so many other variables
affecting the performance of the signs at night, including vehicle
headlights, driver eyesight, weather conditions, etc., the Arizona DOT
does not agree with the values as set by the ASTM sheeting types. The
FHWA disagrees. The FHWA decided to use the ASTM sheeting type
designations for two reasons. First, there is not a better or as well
recognized classification scheme for retroreflective sheeting, and
second, luminance would be a better measure of sign performance, but
there is not a practical way to consistently measure luminance in the
field. As new ASTM sheeting types are designated, the minimum
retroreflectivity table will be updated as appropriate.
The New Jersey DOT suggested that consideration be given to the
fact that retroreflectivity of signs can be taken to a level where the
glare is unsatisfactory, and that some signs with a gloss finish
reflect light from headlights to a point where the sign becomes
illegible. The FHWA is not aware of any research or data showing that
retroreflective signs are too bright, and believes that the minimum
levels will not lead to signs being excessively retroreflective.
(12) Adding minimum retroreflectivity levels for larger observation
angles.
Two comments from the sign industry and another from a consultant
opposed the 0.2-degree observation angle used in the referenced table
of minimum retroreflectivity levels, and suggested that a 0.5-degree
observation angle be included in order for the levels to be more
meaningful and more easily adaptable in the future. The FHWA agrees
that changing the standard observation angle to 0.5 degrees would
provide a more meaningful retroreflectivity value. Research has been
completed that supports moving toward the 0.5-degree concept and the
ASTM has started working toward a revision to its specifications to
describe 0.5-degree measurements.\22\ However, there are currently no
hand-held devices that measure an observation angle of 0.5 degrees
conveniently when conducting field measurements. While there are some
devices currently in the design and prototype stage, the FHWA does not
believe it is practical to implement minimum retroreflectivity levels
based on an observation angle of 0.5 degrees until measuring devices
become readily available. At that time there may be a need for an
alternative table and a transition period established while the 0.2-
degree measurement geometries and devices are phased out.
---------------------------------------------------------------------------

\22\ Changes to ASTM E1709 are currently underway to include the
possibility of measuring sign retroreflective sheeting at
alternative observation angles, including 0.5 degrees.
---------------------------------------------------------------------------

(13) Adding types of sheeting to the minimum retroreflectivity
table.

[[Page 26719]]

The ATSSA, Texas DOT, a representative of the sign industry, and a
private citizen all commented that the Minimum Maintained
Retroreflectivity Levels table did not include values for Type IV
material, which is now used by many State and local DOTs. During the
development of the FHWA minimum retroreflectivity levels, the Type IV
designation was a leftover designation for a material that was
discontinued. Types VII, VIII, and IX materials were introduced and
this left a large gap in performance between the Type III materials and
the Type VII, VIII, and IX materials. This gap was recently filled when
manufacturers began offering a product with retroreflectivity levels
near the previous Type IV designation. The ASTM subsequently revamped
the Type IV retroreflectivity levels as a result of the increased
interest in Type IV materials. Based on the current commercial
availability of Type IV retroreflective material, the FHWA proposes in
this SNPA to include requirements for Type IV material in the table of
Minimum Maintained Retroreflectivity Levels.
The ATSSA, a consultant, and a private citizen all commented that
the Minimum Maintained Retroreflectivity Levels table did not include
values for Type VI, which is in widespread use throughout the country.
Type VI materials are flexible materials that are usually associated
with roll-up orange traffic signs. The current research literature does
not include findings specifically targeting Type VI materials. However,
Type VI materials are orange and prismatic, like Types VII, VIII, and
IX and should meet the same minimum performance levels of these signs.
Therefore, the FHWA proposes in this SNPA to include requirements for
Type VI material in the table of Minimum Maintained Retroreflectivity
Levels.
The FHWA also proposes to expand the table to include Type X
materials. Consequently, all currently defined ASTM Type designations
that are used for traffic signs would be included in the Minimum
Maintained Retroreflectivity Levels table.
(14) Need for technical support and training.
Five comments from Hillsdale County (Michigan), Pierce County
(Washington), Saline County (Kansas), the APWA, and the NACE suggested
that the FHWA provide training for road agencies in terms of developing
and conducting assessment and management methods in order to comply
with the MUTCD. The FHWA has developed and provided train-the-trainer
workshops and teaching materials to FHWA Local Technical Assistance
Program (LTAP) instructors.\23\ These instructors have, and will
continue to provide training across the country to local and State
employees.
---------------------------------------------------------------------------

\23\A description of the workshop including teaching materials
and the report can be found at http://tcd.tamu.edu/Documents/MinRetro/MinRetro.htm.
---------------------------------------------------------------------------

(15) Changes to Section 2A.22 Maintenance.
In Section 2A.22 Maintenance, the FHWA proposed in the NPA to
change the first paragraph of the GUIDANCE statement by replacing the
phrase ``adequate retroreflectivity'' with ``retroreflectivity levels
as indicated in Section 2A.09.'' The FHWA received nine comments
regarding Section 2A.22. Eight of those comments (from private citizens
and two consultants) suggested changing the concept of
retroreflectivity that ``should'' be maintained, to retroreflectivity
that ``shall'' be maintained. These comments were provided as
suggestions to strengthen the MUTCD language associated with the NPA so
that the Congressional directive would be more clearly satisfied.
The FHWA considered these comments and agrees. However, because we
propose to include a STANDARD statement in Section 2A.09 that requires
public agencies or officials having jurisdiction to use an assessment
method to maintain traffic sign retroreflectivity at or above the
minimum levels, the addition of a similar STANDARD statement in Section
2A.22 would be redundant.
The other commenter (a private citizen) suggested rewording the
first paragraph of Section 2A.22 to read as follows: ``All traffic
signs should be kept properly positioned, clean, and legible, and
should have retroreflectivity levels evaluated by one of the methods
indicated in Section 2A.09.'' The FHWA disagrees with this comment
because it does not provide the flexibility for agencies to develop
methods other than the five methods listed in Section 2A.09.
(16) Pavement markings.
Section 406 of the Department of Transportation and Related
Agencies Appropriations Act, 1993 (Pub. L. 102-388; October 6, 1992)
directed the Secretary of Transportation to revise the MUTCD to include
a standard for minimum levels of retroreflectivity that must be
maintained for traffic signs and pavement markings, which apply to all
roads open to public travel. The AHAS commented that the NPA failed to
fulfill this statutory command because minimum retroreflectivity levels
for pavement markings were not included.
The FHWA is currently conducting research to develop a standard for
minimum levels of pavement marking retroreflectivity and intends to
issue a separate NPA to amend the MUTCD to include a standard for
minimum levels of pavement marking retroreflectivity. The pavement
marking retroreflectivity NPA is not expected to be issued until the
rulemaking for minimum traffic sign retroreflectivity is finalized.

Section-by-Section Analysis

The FHWA is seeking comments on the changes proposed in this SNPA
to the Introduction, Section 1A.11 Relation to Other Publications,
Section 2A.09 Minimum Retroreflectivity Levels, and Section 2A.22
Maintenance.

Introduction

The FHWA proposes in this SNPA to add STANDARD language to the
Introduction describing the compliance periods associated with the new
Section 2A.09 Maintaining Minimum Retroreflectivity. The proposed
language would give agencies 2 years from the date of the final rule
for implementation and continued use of an assessment or management
method; 7 years from the effective date of the final rule for
replacement of regulatory, warning, and ground-mounted guide signs that
are identified as having inadequate retroreflectivity by the assessment
or management method; and 10 years from the effective date of the final
rule for replacement of street name signs and overhead guide signs that
are identified as having inadequate retroreflectivity by the assessment
or management method. This language was modified from the language that
was included in the NPA in order to clarify the intent of the
compliance periods.

Part 1--General

In Section 1A.11 Relation to Other Publications, the FHWA proposes
adding a new SUPPORT paragraph that references the availability of the
publication ``Maintaining Traffic Sign Retroreflectivity (2005
Edition),''\24\ as this publication contains supplemental information
about the proposed MUTCD language that many respondents to the NPA
requested.
---------------------------------------------------------------------------

\24\The document, ``Maintaining Traffic Sign Retroreflectivity,
2005 Edition'' is available online at the following Web address:
http://www.fhwa.dot.gov/retro.
---------------------------------------------------------------------------

Part 2--Signs

In Section 2A.09 Maintaining Minimum Retroreflectivity, the FHWA is
proposing in this SNPA to include a STANDARD statement that requires
public agencies or officials having

[[Page 26720]]

jurisdiction to use an assessment or management method to maintain
traffic sign retroreflectivity at or above the minimum levels
established in the proposed GUIDANCE paragraph that follows the
STANDARD.
The proposed GUIDANCE statement that immediately follows the
STANDARD states that except for the signs excluded in the proposed
OPTION in Section 2A.09, one or more of the five assessment or
management methods that are described immediately following the
GUIDANCE statement should be used to maintain traffic sign
retroreflectivity at or above the minimum levels identified in a new
proposed Table 2A-3.
In this SNPA, the FHWA proposes to add the STANDARD statement to
enhance safety through maintained sign visibility and to address
comments questioning whether the NPA proposal satisfied the
Congressional intent of the Appropriations Act of 1993. Additionally,
the FHWA proposes to include the table of minimum maintained
retroreflectivity levels as a new Table 2A-3. Existing Tables 2A-3 and
2A-4 will be renumbered as Tables 2A-4 and 2A-5, respectively, and all
references to these renumbered tables will be appropriately adjusted.
In this SNPA, the FHWA proposes to add a SUPPORT paragraph that
explains that although conformance with the proposed STANDARD can be
initially achieved by implementing an assessment or management method,
the agency must continue to use the method to maintain the minimum
levels established in this section in order to retain conformance with
the STANDARD. This proposed SUPPORT paragraph also informs readers that
the publication entitled ``Maintaining Traffic Sign Retroreflectivity''
contains additional information about these methods and provides a
cross-reference to Section 1A.11, which describes how to obtain this
publication.

Rulemaking Analyses 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 using the docket number appearing at the top of this
document in the docket room at the above address. The FHWA will file
comments received after the comment closing date and will consider late
comments to the extent practicable. In addition to late comments, the
FHWA will also continue to file in the docket relevant information
becoming available after the comment closing date, and interested
persons should continue to examine the docket for new material. A final
rule may be published at any time after the close of the comment
period.

Executive Order 12866 (Regulatory Planning and Review) and U.S. DOT
Regulatory Policies and Procedures

The FHWA has determined that this action is a significant
regulatory action within the meaning of Executive Order 12866 and under
the regulatory policies and procedures of the U.S. Department of
Transportation, because of the substantial public interest in the
retroreflectivity of traffic signs. This rulemaking addresses comments
received in response to the Office of Management and Budget's (OMB's)
request for regulatory reform nominations from the public. The OMB is
required to submit an annual report to Congress on the costs and
benefits of Federal regulations. The 2002 report included
recommendations for regulatory reform that OMB requested from the
public.\25\ One recommendation was that the FHWA should establish
standards for minimum levels of brightness of traffic signs.\26\ The
FHWA has identified this rulemaking as responsive to that
recommendation.
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\25\A copy of the OMB report ``Stimulating Smarter Regulation:
2002 Report to Congress on the Costs and Benefits of Regulation and
Unfunded Mandates on State, Local, and Tribal Entities'' is
available at the following Web address: http://www.whitehouse.gov/omb/inforeg/summaries_nominations_final.pdf.
\26\A complete compilation of comments received by OMB is
available at the following Web address: http://www.whitehouse.gov/omb/inforeg/key_comments.html. Comment 93 cites a 1999
report generated by the Advocates for Auto and Highway Safety
entitled, ``Stuck in Neutral: Recommendations for Shifting the
Highway and Auto Safety Agenda into High Gear--A Comprehensive
Report on the Major Highway and auto Safety Issues Facing America''
September 1999. This report is available at the following Web
address: http://www.saferoads.orgpolls/stuckinneutral.htm htm.
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It is anticipated that the economic impact of this rulemaking would
cause minimal additional expenses to public agencies. In 2003, the FHWA
updated its analysis of the cost impacts to State and local agencies to
reflect higher material costs due to inflation, an increase in the
proportion of signs that would be replaced with higher-level sign
sheeting material, and changes in the overall mileage of State and
local roads. The findings of the 2003 analysis show that the costs of
the proposed action to State and local agencies would be minimal.\27\
The proposed phase-in periods allows sign replacement during the normal
sign replacement cycle. Therefore, any marginal costs would be
incremental for the upgraded level of sign retroreflectivity and most
of the material available at the time of sign replacement will be of
the higher retroreflective quality. Finally, the FHWA expects that the
proposed levels and maintenance methods will help to promote safety and
mobility on the nation's streets and highways and will result in
minimum additional expense to public agencies or the motoring public.
Specific examples are described in the section entitled ``Discussion of
Major Comments.''
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\27\The ``Impacts Analysis'' report is available at the
following Web address: http://dmses.dot.gov/docimages/pdf92/290314_web.pdf.
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The proposed 7-year regulation implementation period for ground-
mounted signs would allow State and local agencies to delay replacement
of recently installed Type I signs until they have reached their
commonly accepted 7-year service life. The proposed 10-year compliance
period for overhead signs would allow an extended period of time
because of the longer service life typically used for those signs. The
changes proposed in this SNPA do not affect the impacts assessments
described above.
The FHWA has considered the benefits and costs associated with this
rulemaking and believes that the benefits outweigh the costs.
Currently, the MUTCD requires that traffic signs be illuminated or
retroreflective to enhance nighttime visibility. The changes proposed
in this SNPA provide additional guidance, clarification, and
flexibility in maintaining traffic sign retroreflectivity that is
already required by the MUTCD. The proposed levels and maintenance
methods consider changes in the composition of the vehicle population,
vehicle headlamp design, and the demographics of drivers.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the FHWA has evaluated the effects of this proposed
action on small entities and has determined that this proposed action
would not have a significant economic impact on a substantial number of
small entities.
This rule would apply to State Departments of Transportation in the
execution of their highway programs, specifically with respect to the
retroreflectivity of traffic signs. Additionally, sign replacement is
eligible for up to 100 percent Federal-aid funding--this applies to
local jurisdictions and tribal governments, pursuant to 23 U.S.C.
120(c). Therefore, the implementation of the proposed provisions in
this rule would not affect the economic viability or sustenance of
small entities, as States are not included

[[Page 26721]]

in the definition of a small entity that is set forth in 5 U.S.C. 601.

Executive Order 13132 (Federalism)

The FHWA analyzed this proposed amendment in accordance with the
principles and criteria contained in Executive Order 13132, dated
August 4, 1999, and the FHWA has determined that this proposed action
would not have a substantial direct effect or sufficient federalism
implications on States and local governments that would limit the
policy-making discretion of the States and local governments. Nothing
in the MUTCD directly preempts any State law or regulation.
The MUTCD is incorporated by reference in 23 CFR part 655, subpart
F. These proposed amendments are in keeping with the Secretary of
Transportation's authority under 23 U.S.C. 109(d), 315, and 402(a) to
promulgate uniform guidelines to promote the safe and efficient use of
the nation's streets and highways.

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.

Unfunded Mandates Reform Act

This SNPA would not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48,
March 22, 1995). The findings of the impacts analysis indicate that
this proposed action will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $120.7 million or more in any one year. In addition, sign
replacement is eligible for up to 100 percent Federal-aid funding--this
applies to local jurisdictions and tribal governments, pursuant to 23
U.S.C. 120(c).

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the OMB for each
collection of information they conduct, sponsor, or require through
regulations. The FHWA has determined that this proposed action does not
contain a collection of information requirement for the purposes of the
PRA.

Executive Order 12988 (Civil Justice Reform)

This proposed action meets applicable standards in Sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, to eliminate ambiguity, and to reduce burden.

Executive Order 13045 (Protection of Children)

The FHWA has analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. This is not an economically significant proposed action
and does not concern an environmental risk to health or safety that may
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

This proposed action would 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.

Executive Order 13211 (Energy Effects)

The FHWA has analyzed this proposed action under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. The FHWA has determined that this is not
a significant energy action under that order because although it is a
significant regulatory action under Executive Order 12866, it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects under Executive Order 13211 is not required.

Executive Order 13175 (Tribal Consultation)

The FHWA has analyzed this proposed action under Executive Order
13175, dated November 6, 2000, and believes that it will not have
substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal law. Therefore, a tribal
summary impact statement is not required.

National Environmental Policy Act

The agency has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
has determined that it 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. 101(a), 104, 105, 109(d), 114(a), 135, 217,
307, 315, and 402(a); sec. 406(a), Pub. L. 102-388, 106 Stat. 1520,
1564; 23 CFR 1.32; and 49 CFR 1.48(b).

Issued on: May 2, 2006.
Frederick G. Wright, Jr.,
Federal Highway Executive Director.
[FR Doc. E6-6882 Filed 5-5-06; 8:45 am]
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