[Federal Register Volume 66, Number 144 (Thursday, July 26, 2001)]
[Rules and Regulations]
[Pages 38907-38911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18247]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

RIN 2125-AE87


National Standards for Traffic Control Devices; Manual on Uniform 
Traffic Control Devices for Streets and Highways; Corrections

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Corrections to the final amendments to the Manual on Uniform 
Traffic Control Devices.

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SUMMARY: This document incorporates by reference into the Code of 
Federal Regulations errata corrections to the Manual on Uniform Traffic 
Control Devices (MUTCD). The MUTCD is incorporated by reference in the 
regulations on traffic control devices on Federal-aid and other streets 
and highways and recognized as the national standard for traffic 
control on all public roads. These editorial corrections affect the 
MUTCD in its entirety. These editorial corrections are issued to help 
improve the readability of the MUTCD, to provide clarification and 
consistency, and to correct the grammatical, mathematical, and 
typographical errors. Since the MUTCD is used by all State and local 
departments of transportation when installing traffic signs, traffic 
signals, and pavement markings on all roads open to public travel, it 
is very important that a correct document is available to them.

DATES: The final rule is effective on July 26, 2001. Incorporation by 
reference of the publication listed in this regulation is approved by 
the Director of the Office of the Federal Register as of July 26, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of 
Transportation Operations, Room 3408, (202) 366-9064, or Mr. Raymond 
Cuprill, Office of the Chief Counsel, Room 4230, (202) 366-0791, U.S. 
Department of Transportation, Federal Highway Administration, 400 
Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this action 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/

[[Page 38908]]

fedreg and the Government Printing Office's database at: http://www.access.gpo.gov/nara.

Background

    A number of editorial corrections have been identified since the 
2000 Millennium Edition of the MUTCD was incorporated by reference on 
December 18, 2000, at 65 FR 78923. The general scope of these editorial 
corrections is being provided to the public in this preamble. All of 
the editorial corrections have been included in the MUTCD text and the 
corrected MUTCD text is available on the MUTCD Internet site (http://mutcd.fhwa.dot.gov). Furthermore, a listing of every errata item is 
available on this Internet site.
    The FHWA believes good cause exists to publish this rule without 
prior notice and opportunity for public comment. In addition, the FHWA 
believes good cause exists for making this rule effective immediately 
and that seeking public comment is unnecessary. The entire MUTCD text 
has been through a public comment process and those comments are 
reflected in the current text of the MUTCD. The FHWA believes that it 
is important to make these errata changes available as soon as possible 
as motorists, pedestrians, and bicyclists depend on correct traffic 
control devices for safe travel on our Nation's highways.
    Additionally, State and local departments of transportation use the 
MUTCD daily as they determine when and where to install traffic signs, 
traffic signals, and pavement markings. Since the MUTCD is used by all 
State and local departments of transportation when installing traffic 
signs, traffic signals, and pavement markings on all roads open to 
public travel, it is critical to the government agencies, other users 
of the MUTCD, and the traveling public that a correct document is 
available to ensure the safe and efficient operation on our highways. 
Furthermore, all of these changes are minor and are not substantive in 
nature. Therefore, the FHWA believes that good cause exists to make 
this rule effective immediately upon publication.

Discussion

    The FHWA discovered several errors in the MUTCD after the final 
rule document was published on December 18, 2000. The FHWA received 
many comments about these errors after publication of the final rule 
and after commenters viewed the MUTCD. These errors were not 
substantive in nature, and the FHWA has been able to correct most of 
them by way of ``pen and ink'' changes to provide text clarification 
and consistency, and to correct the grammatical, mathematical, and 
typographical errors. Examples of the errors that were corrected 
include misspelling of words, the removal of the comma between the 
month and year of a date, capitalizing the word ``Nation'' when it 
refers to the United States, the punctuation of items in lists, placing 
the sign number after the sign name, and before the word sign, and 
correcting the names of reference documents.
    Additionally, in the final rule published on December 18, 2000, the 
FHWA indicated 288 technical changes relating to the MUTCD based on 
eight notices of proposed amendments and public comment. Fifteen of the 
technical changes indicated in the Federal Register were not correctly 
made in the MUTCD text. The following are those technical changes.
    1. In Section 1A.05 Maintenance of Traffic Control Devices, under 
GUIDANCE, the first two paragraphs concerning the maintenance of 
traffic control devices were inadvertently left out of the MUTCD text 
in the final rule published on December 18, 2000, at 65 FR 78923. These 
two paragraphs go before the existing paragraphs. It is very important 
to give guidance to all jurisdictions on maintaining traffic control 
devices so that road users may safely use the Nation's highways. 
Paragraph 1 should read, ``Functional maintenance of traffic control 
devices should be used to determine if certain devices need to be 
changed to meet current traffic conditions.'' Paragraph 2 should read, 
``Physical maintenance of traffic control devices should be performed 
to ensure that legibility is retained, that the device is visible, and 
that it functions properly in relation to other traffic control devices 
in the vicinity.'' These two paragraphs were in the notice of proposed 
amendment published on December 30, 1999, at 64 FR 73612, 73619.
    2. In Item 12 of the final rule, published on December 18, 2000, at 
65 FR 78923, in Section 1A.14 Abbreviations Used on Traffic Control 
Devices, the FHWA indicated that the statement ``When abbreviations are 
needed for traffic control devices, the abbreviations shown in Table 
1A-1 shall be used'' shall be a STANDARD. Inadvertently, the statement 
was published as an OPTION in the text of the MUTCD even though it was 
a STANDARD in the notice of proposed amendment published on December 
30, 1999, at 64 FR 73612. The text should read ``STANDARD: When 
abbreviations are needed for traffic control devices, the abbreviations 
shown in Table 1A-1 shall be used.''
    3. In Section 2A.15 Sign Borders, in the notice of proposed 
amendment, published on June 11, 1998, at 63 FR 31950, some of the 
GUIDANCE text was inadvertently omitted from the MUTCD text published 
on December 18, 2000, at 65 FR 78923. The FHWA did not intend to delete 
this text and did not discuss deleting it in any of the Federal 
Register notices. The last sentence of the GUIDANCE should read, 
``Where practicable, the corners of the sign should be rounded to fit 
the border, except for STOP signs.''
    Additionally, the STANDARD text of Section 2A.15 of the notice of 
proposed amendment, published on June 11, 1998, at 63 FR 31950 was 
inadvertently modified in the MUTCD text published on in the December 
18, 2000, at 65 FR 78923. The FHWA did not intend to modify this 
STANDARD text and did not discuss modifying it in any of the Federal 
Register notices. The second sentence of the STANDARD should read, 
``The corners of the sign shall be rounded, except for STOP signs.''
    4. In Item 31 of the final rule published on December 18, 2000, at 
65 FR 78923, in Section 2B.13 Night Speed Limit Sign, the OPTION 
sentence that reads, ``A changeable message sign that changes for 
traffic and ambient conditions may be installed provided that the 
appropriate speed limit is shown at the proper times'' was identified 
for deletion from Section 2B.13 Night Speed Limit Sign. Inadvertently, 
this language was not deleted from Section 2B.13 of the final MUTCD 
text. Therefore, this sentence has been deleted from the OPTION 
statement of Section 2B.13. In the incorrect text, this sentence was 
the second item of a two-item list. In deleting this sentence, 
resulting in only one item remaining in the list, the lead in phrase is 
superfluous and has been deleted. The statement, ``A changeable message 
sign that changes for traffic and ambient conditions may be installed 
provided that the appropriate speed limit is shown at the proper 
times'' correctly appears in the MUTCD text in Section 2B.11 Speed 
Limit Sign.
    5. In Section 2C.21 BUMP and DIP Signs (W8-1 and W8-2) of the final 
rule, published on December 18, 2000, at 65 FR 78923, in the MUTCD text 
in the second GUIDANCE statement, the phrase, ``when centerline 
striping is provided on a two-lane road'' was inadvertently added to 
the MUTCD text. This phrase should be deleted from the text as the 
language was never proposed and was inadvertently included in the MUTCD 
text.
    6. In Section 2C.23 Pavement Ends Sign (W8-3), in the notice of 
proposed

[[Page 38909]]

amendment published on June 24, 1999, at 63 FR 33806, the FHWA proposed 
replacing the Pavement Ends symbol sign with a PAVEMENT ENDS word sign. 
Inadvertently, the final rule published on December 18, 2000, at 65 FR 
78923 did not contain this change. The FHWA did not intend to omit this 
in the final rule. However, the MUTCD text was changed appropriately. 
As stated in the notice of proposed amendment published on June 24, 
1999, at 64 FR 33806, the word message replaces the symbol sign and a 
10-year compliance period is provided so that State and local agencies 
can replace their existing symbol signs with word message signs. Like 
the December 18, 2000, MUTCD, this change went into effect on January 
17, 2001, for all new installations.
    7. In Section 2C.30, Lane Ends Sign (W9-1 and W9-2), in the notice 
of proposed amendment published on June 24, 1999, at 64 FR 33806, the 
FHWA proposed changing the name of the Lane Reduction Transition Signs 
to Lane Ends signs. The change was made in the title of Section 2C.30 
in the final rule published on December 18, 2000, at 65 FR 78923; 
however, the FHWA inadvertently left out the name change when referring 
to the W4-2 sign in the first sentence of the first OPTION paragraph in 
this section. This sentence now reads, ``The RIGHT (LEFT) LANE ENDS 
(W9-1) sign may be used in advance of the LANE ENDS (W4-2) sign or the 
LANE ENDS MERGE LEFT (RIGHT) (W9-2) sign as additional warning or to 
emphasize that the traffic lane is ending and that a merging maneuver 
will be required.''
    8. In Section 2E.28, Interchange Exit Numbering, paragraph 2 
(incorrectly labeled as Section 2E.29 in the final rule published on 
December 18, 2000, at 65 FR 78923) the FHWA inadvertently included 
conflicting language as to vertical dimension of the exit number sign 
panel. In Item 83 of the final rule, the FHWA indicated correctly that 
it decided to adopt the proposed amendment to Section 2E.28, paragraph 
2. The amendment proposed to increase the vertical dimension of the 
exit number sign panel from 600 mm (24 inches) to 750 mm (30 inches). 
In direct conflict to this statement, the FHWA indicated in Item 124 of 
the final rule that the vertical dimension of the exit number panel 
would not be increased from 600 mm (24 inches) to 750 mm (30 inches). 
Unfortunately, Item 124 was incorrectly included in the preamble 
language to the final rule as the FHWA's intent is to adopt the change 
because it improves the visibility of critical sign information for 
directing the road users to their destinations. The FHWA's intent to 
adopt this change is evidenced by the fact that the final MUTCD text 
reflects this decision and contained the proposed amended measurements 
of 750 mm (30 inches), not the previous standard of 600 mm (24 inches). 
The MUTCD text correctly reads 750 mm (30 inches) as the vertical 
dimension of the exit number sign panel.
    9. In Section 2E.32, Other Supplemental Guide Signs, paragraph 2, 
the FHWA proposed changing a STANDARD statement, ``No more than one 
Supplemental Guide sign shall be used on each interchange approach,'' 
to a GUIDANCE statement in both the notice of proposed amendment, 
published on June 11, 1998, at 63 FR 31950, and in the final rule 
published on December 18, 2000, at 65 FR 78923. Inadvertently, the FHWA 
did not include this change from a STANDARD to a GUIDANCE in the final 
MUTCD text. The corrected sentence is a GUIDANCE statement reading ``No 
more than one Supplemental Guide sign should be used on each 
interchange approach.'' Also, the word ``shall'' has been changed to 
``should'' to reflect that this is a GUIDANCE.
    10. In Part 6 Temporary Traffic Control, in the final rule 
published on December 18, 2000, at 65 FR 78923, the FHWA indicated that 
in six sections of Part 6 it was changing a ``SUPPORT statement to a 
STANDARD statement, as the statement is a definition, and definitions 
are by their very nature STANDARDS.'' Inadvertently, this was not done 
in the following:
    a. The first SUPPORT paragraph of Section 6C.07;
    b. The first SUPPORT paragraph of Section 6E.01;
    c. The first paragraph of the first SUPPORT paragraph of Section 
6F.52;
    d. The first SUPPORT paragraph of Section 6F.53;
    e. The first paragraph of the first SUPPORT paragraph of Section 
6F.55; and
    f. The first paragraph of the third SUPPORT paragraph of Section 
6F.76.
    These SUPPORT statements are all changed to accurately reflect that 
they are STANDARDS.
    11. In Section 6F.76 Crash Cushions, in the final rule published on 
December 18, 2000, at 65 FR 78923, the FHWA indicated that it was 
changing the seventh paragraph from a STANDARD statement to a GUIDANCE 
statement to provide more flexibility in the spacing of the shadow 
vehicle behind the workers and their work vehicles to allow for 
sufficient space to accomplish the required maintenance. Inadvertently, 
this change was not reflected in the final MUTCD text. This STANDARD 
statement is changed to accurately reflect that it is GUIDANCE.
    12. In Section 6G.05 Work Outside of Shoulder, in the final rule 
published on December 18, 2000, at 65 FR 78923, the FHWA indicated that 
the second GUIDANCE statement would be changed to an OPTION statement. 
Inadvertently, this was not done in the MUTCD text. This GUIDANCE 
statement is changed to accurately reflect that it is an OPTION in the 
MUTCD text. Also, the word ``should'' has been changed to ``may'' to 
reflect that this is an OPTION.
    13. In Section 9B.04 Bicycle Lane Signs (R3-16, R3-17), in the 
final rule published on December 18, 2000, at 65 FR 78923, the FHWA 
inadvertently included conflicting language as to the proper phase-in 
period for compliance with the section. In Item 245 of the final rule, 
the FHWA indicated that it is providing a phase-in compliance period of 
5 years after the effective date of the final rule. This 5-year phase-
in period is to minimize any impact on the State and local highway 
agencies. However, in Item 247 of the final rule, in the discussion of 
FHWA's intent to delete the preferential lane symbol (diamond) for 
bicycle signs and pavement markings, we inadvertently indicated that 
the phase-in period for compliance with this requirement was 6 years. 
This was in error. The correct phase-in period is 5 years as stated in 
Item 245 of the final rule.
    14. In Item 253 of the final rule, published on December 18, 2000, 
at 65 FR 78923, in the language used to describe the change to Section 
9B.15 Bicycle Crossing Warning Sign (W11-1), the FHWA used the word 
``requiring'' when describing the use of a bicycle crossing warning 
sign. Specifically, the final rule stated that, ``In an advance 
crossing situation, the FHWA is requiring using a crossing sign 
supplemented with an `AHEAD' or `XX FEET' plaque.'' The use of the word 
``requiring'' was in error as this condition is an OPTION not a 
STANDARD as the language implies. The FHWA's intent was to have this 
language read as an option as evidenced by the fact that the MUTCD text 
correctly states the following: ``OPTION: A supplemental plaque with 
the legend AHEAD or XXX METERS (XXX FEET) may be used with the Bicycle 
Crossing Warning sign.'' The use of the words ``option'' and ``may'' 
within the statement clearly indicate that this is not a standard, but 
rather an option as is the FHWA's intent.
    15. In Item 257 of the final rule, published on December 18, 2000, 
at 65

[[Page 38910]]

FR 78923, in Part 9 Traffic Controls for Bicycle Facilities, the FHWA 
indicated that the title of Figure 9B-2 had been revised by replacing 
the word ``typical'' with ``example of'' and now reads, ``Example of 
Signing for the Beginning and End of a Bicycle Route.'' The change was 
made because the Figure 9B-2 may not be considered a ``typical'' 
drawing. Inadvertently, this was not made to the MUTCD text. The change 
is now added to the Figure 9B-2 of the MUTCD text.

Rulemaking Analysis and Notices

    The FHWA's issuance of this rule without prior notice and 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exceptions in 
5 U.S.C. 553(b)(3)(B) and 553(d)(3). Seeking public comment is 
impracticable and unnecessary.
    The FHWA believes that further opportunity for public comment on 
these minor non-substantive changes is unnecessary because these errata 
changes are only minor changes and are not substantive in nature. These 
changes are to correct the grammatical, mathematical, and typographical 
errors. Additionally, the MUTCD was published on December 18, 2000, at 
FR 78923 after several extensive comment periods for the public to 
comment on each of the ten parts of the MUTCD [62 FR 54598, 62 FR 
64324, 63 FR 31950, 64 FR 33802, 64 FR 33806, 64 FR 71358, 64 FR 73606, 
and 64 FR 73612]. Therefore, because of the minor nature of these 
errata changes and the previous extensive public comment period 
provided for each of the MUTCD sections, the FHWA believes that 
providing prior notice to the public is unnecessary.
    For the same reasons stated above, the FHWA has determined that it 
has good cause to make this document effective immediately upon 
publication today in the Federal Register. Additionally, because the 
MUTCD is used by all State and local departments of transportation when 
installing traffic signs, traffic signals, and pavement markings on all 
roads open to public travel, it is very important that a correct MUTCD 
document is available to them immediately.

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

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of the U.S. Department of Transportation 
regulatory policies and procedures. The FHWA has determined that the 
economic impact of this rulemaking will be minimal. These errata 
changes are minor and not substantive in nature and they do not change 
the meaning in the final rule. The standards and guidance, which these 
errata affect, provide additional guidance, clarification and optional 
applications for traffic control devices and were effective on January 
17, 2001. The FHWA believes that the uniform application of traffic 
control devices will greatly improve the traffic operations efficiency 
and roadway safety. The standards and guidance are also used to create 
uniformity and to 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 action on small 
entities. This action corrects the grammatical, mathematical, and 
typographical errors of the standards and guidance on the design and 
installation of traffic control devices contained in the MUTCD. It 
further corrects other text that was inadvertently not changed in the 
MUTCD text but was changed according to the final rule published on 
December 18, 2000, at 65 FR 78923. The FHWA hereby certifies that these 
revisions would not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act of 1995

    This action of correcting the grammatical, mathematical, and 
typographical errors would not impose unfunded mandates as defined by 
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4, March 22, 
1995, 109 Stat. 48). This action will not result 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. 1531 
et seq.).

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 
the FHWA has determined that this action would not have sufficient 
federalism implications to warrant the preparation of a federalism 
assessment. This action merely corrects the grammatical, mathematical, 
and typographical errors of the standards and guidance on the design 
and installation of traffic control devices contained in the MUTCD. The 
FHWA has also determined that this action would not preempt any State 
law or regulation or affect the State's ability to discharge 
traditional State government functions.

Executive Order 13175 (Tribal Consultation)

    The FHWA has analyzed this action under Executive Order 13175, 
dated November 6, 2000, and believes that it would 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. This action merely corrects the 
grammatical, mathematical, and typographical errors of the standards 
and guidance on the design and installation of traffic control devices 
contained in the MUTCD. Therefore, a tribal summary impact statement is 
not required.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.

Paperwork Reduction Act

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

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, 
to eliminate ambiguity, and to reduce burden.

Executive Order 13045 (Protection of Children)

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

[[Page 38911]]

Executive Order 12630 (Taking of Private Property)

    This 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.

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 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 and symbols, Traffic 
regulations.

    Issued on: July 12, 2001.
Christine M. Johnson,
Program Manager, Operations.

    The FHWA hereby amends part 655 of chapter I of title 23, Code of 
Federal Regulations as set forth below:

PART 655--TRAFFIC OPERATIONS

    1. The authority citation for part 655 continues to read as 
follows:

    Authority: 23 U.S.C. 101(a), 104, 109(d), 114(a), 217, 315, and 
402(a); 23 CFR 1.32; and 49 CFR 1.48(b).

Subpart F--Traffic Control Devices on Federal-Aid and Other Streets 
and Highways

    2. In Sec. 655.601, paragraph (a) is revised to read as follows:


Sec. 655.601  Purpose.

* * * * *
    (a) Manual on Uniform Traffic Control Devices (MUTCD), 2000 
Millennium Edition, FHWA, dated December 18, 2000, including Errata No. 
1 to MUTCD 2000 Millennium Edition dated June 14, 2001. This 
publication is incorporated by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51 and is on file at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. 
These documents are available for inspection and copying at the Federal 
Highway Administration, Room 3408, 400 Seventh Street, SW., Washington, 
DC 20590, as provided in 49 CFR part 7. The text is also available from 
the Federal Highway Administration's website at: http://mutcd.fhwa.dot.gov.
* * * * *

[FR Doc. 01-18247 Filed 7-25-01; 8:45 am]
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