[Federal Register: November 20, 2003 (Volume 68, Number 224)]
[Rules and Regulations]               
[Page 65495-65583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no03-12]                         


[[Page 65495]]

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Part II





Department of Transportation





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Federal Highway Administration



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23 CFR Part 655



National Standards for Traffic Control Devices: Manual on Uniform 
Traffic Control Devices for Streets and Highways; Revision; Final Rule


[[Page 65496]]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 655

[FHWA Docket No. FHWA-2001-11159]
RIN 2125-AE93

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

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The Manual on Uniform Traffic Control Devices (MUTCD) is 
incorporated by reference in 23 CFR part 655, subpart F, approved by 
the Federal Highway Administration, and recognized as the national 
standard for traffic control devices used on all public roads. The 
purpose of this final rule is to revise standards, guidance, options, 
and supporting information relating to the traffic control devices in 
all parts of the MUTCD, to expedite traffic, promote uniformity, 
improve safety, and incorporate technology advances in traffic control 
device application. The MUTCD, with these changes incorporated, is 
being designated as the 2003 edition of the MUTCD.

EFFECTIVE DATE: This final rule is effective December 22, 2003. The 
incorporation by reference of the publication listed in this regulation 
is approved by the Director of the Office of the Federal Register as of 
December 22, 2003.

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. 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

    This document, the notice of proposed amendments (NPA), and all 
comments received may be viewed online through the Document Management 
System (DMS) at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://dms.dot.gov. The DMS is available 24 hours each 
day, 365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the Web site.
    An electronic copy of this document may also be downloaded by using 
a computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may also reach the Office of the Federal 
Register's home page at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.archives.gov and the Government Printing Office's Web page at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gpo.gov.


Background

    On May 21, 2002, at 67 FR 35850, the FHWA published a notice of 
proposed amendments (NPA) proposing revisions to the Manual on Uniform 
Traffic Control Devices (MUTCD). Those changes were proposed to be 
designated as Revision No. 2 of the Millennium (2000) edition of the 
MUTCD. Interested persons were invited to submit comments to FHWA 
Docket No. FHWA-2001-11159. Based on the comments received and its own 
experience, the FHWA is issuing a final rule and is designating the 
MUTCD, with these changes incorporated, as the 2003 Edition of the 
MUTCD. The FHWA believes that the title ``2003 Edition'' would be 
easier for readers to follow rather than the title ``Revision No. 2 of 
the Millennium (2000) edition.''
    A list of all of the items in this final rule and the text of the 
2003 edition of the MUTCD, with these final rule changes incorporated, 
are available for inspection and copying, as prescribed in 49 CFR part 
7, at the FHWA Office of Transportation Operations, Room 3408, 400 
Seventh Street, SW., Washington, DC 20590. Furthermore, the list of all 
items in this final rule and the text of the 2003 edition of the MUTCD, 
with these final rule changes incorporated, are available on the FHWA's 
MUTCD Internet site http://mutcd.fhwa.dot.gov. The previous version of 
the MUTCD, the 2000 MUTCD with Revision 1 text incorporated is also 
available on this Internet site. The 2003 edition supersedes all 
previous editions and revisions of the MUTCD.

Summary of Comments

    The FHWA received 293 letters submitted to the docket, containing 
over 5,000 individual comments on the MUTCD in general or on one or 
more parts, chapters, sections, or paragraphs contained in the MUTCD. 
Comments were received from the National Committee on Uniform Traffic 
Control Devices (NCUTCD), State Departments of Transportation (DOTs), 
city and county government agencies, Federal government agencies, 
consulting firms, private industry, associations, other organizations, 
and individual private citizens. The FHWA has reviewed and analyzed all 
the comments received. The significant comments and summaries of the 
FHWA's analyses and determinations are discussed below. General 
comments and significant global changes throughout the MUTCD are 
discussed first, followed by discussion of significant comments and 
adopted changes in each of the individual Parts of the MUTCD.

Discussion of Adopted General and Global Changes Throughout the MUTCD

    In the NPA, the FHWA proposed designating the changes to the MUTCD 
as Revision No. 2 of the Millennium (2000) edition of the MUTCD. 
Comments were received from the American Association of State Highway 
Transportation Officials (AASHTO), the American Traffic Safety Services 
Association (ATSSA) and the Institute of Transportation Engineers (ITE) 
(the three associations who publish the MUTCD in hard-copy book format) 
and from other individuals opposing this proposed designation as 
Revision No. 2. The commenters expressed the opinion that the number 
and extent of changes are too great in scope to be considered a mere 
revision of the 2000 edition and that the MUTCD, with the changes 
incorporated, should be designated as a complete new edition of the 
MUTCD, to minimize user confusion. The commenters also stated that a 
new graphical design for the cover and title pages of each part of the 
MUTCD are needed to make the new edition clearly distinguishable by 
users from earlier editions. The FHWA agrees with these comments and 
designates the MUTCD, with the adopted final rule changes incorporated, 
as the 2003 Edition of the MUTCD and also adopts new graphical designs 
for the cover and title pages of each part of the 2003 MUTCD. The FHWA 
revises Table I-1 and all page headers to reflect this designation.
    Additionally, the FHWA received comments from ITE, ATSSA, traffic 
engineering consultants and private citizens that the proposed 
continuation of the 2000 MUTCD's page layout format and graphics 
formats is inappropriate and that these elements need improvement to 
adequately serve users. Suggestions included reducing the amount of 
``white space'' on text pages to reduce the total number of pages in 
the MUTCD, using accurate fonts and letter spacing on illustrations of 
signs, using more accurate proportioning of lanes and pavement markings 
on figures, and various other adjustments to graphics to aid in user 
understanding and to make the figures more accurately reflect the 
standards,

[[Page 65497]]

guidance, and options contained in the text of the MUTCD. The FHWA 
agrees that the page layout and graphics formatting of the 2000 MUTCD 
needs to be improved in the 2003 edition to make the document more 
usable by the public. Accordingly, in this final rule the FHWA revises 
the text page layouts to reduce white space and thereby reduce the 
number of text pages by about one-third, while still maintaining good 
layout for readability both online and in printed book format. The FHWA 
also revises many of the figures in the MUTCD to make sign 
illustrations pattern-accurate and illustrations of pavement markings 
and other devices more understandable and to accurately reflect 
provisions in the MUTCD text.
    The FHWA also received many comments about the lack of consistency 
between some of the signs and pavement markings illustrated in various 
figures in the MUTCD and the illustrations in the ``Standard Highway 
Signs'' (SHS) book.\1\ The FHWA agrees that these inconsistencies cause 
inordinate confusion to users, and in this final rule the FHWA revises 
many of the MUTCD figures to illustrate or refer to all SHS signs that 
are consistent with this 2003 MUTCD. This will better serve users by 
greatly improving the consistency of the MUTCD with the SHS.
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    \1\ ``Standard Highway Signs,'' FHWA, 2002 Edition is available 
for purchase from the U.S. Government Printing Office Bookstore, 
Superintendent of Documents, Room 118, Federal Building, 1000 
Liberty Avenue, Pittsburgh, PA 15222. Internet Web site at http://bookstore.gpo.gov/.
 It is also available on the FHWA's Web site at 
http://mutcd.fhwa.dot.gov and is available for inspection and 
copying at the FHWA Washington Headquarters and all FHWA Division 
Offices prescribed at 49 CFR part 7.
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    Additionally, in the NPA, the FHWA proposed minor grammatical or 
style changes to the MUTCD text to improve consistency with related 
text or figures, to improve clarity, or to correct minor errors. Where 
the FHWA proposed to add new sections within a chapter of the MUTCD, 
the FHWA proposed to renumber the sections that followed accordingly. 
The FHWA proposed to revise all Tables of Contents, Lists of Figures, 
Lists of Tables, and page headers and footers as appropriate to reflect 
the proposed changes. The FHWA received many comments, both in general 
and on many specific sections throughout the MUTCD, agreeing with these 
minor editorial changes. Some commenters opposed the proposed use of 
some specific words or phrases and recommended substitute words or 
phrases and/or additional minor editorial revisions to correct errors, 
improve grammar, clarity, consistency, and accuracy. Where appropriate, 
the FHWA incorporates minor editorial revisions and corrections in this 
final rule.
    The FHWA also received comments on the fact that many of the new 
sections proposed in the NPA were to be added at the end of the chapter 
in various parts of the MUTCD. Several commenters, particularly State 
DOTs, suggested that the new material would be more logically located 
near other similar subjects within the chapter rather than at the end. 
The FHWA agrees with many of the comments of this nature and makes 
editorial changes in the text and figures as appropriate in this final 
rule. The FHWA also relocates and renumbers some of the new sections to 
appropriate locations within the chapters to enhance user 
understanding, and renumbers subsequent sections accordingly.
    In the discussions below, the section numbers and titles refer to 
those in this final rule, with parenthetical reference to the section 
numbers and titles in the NPA and/or the 2000 Edition if different, as 
appropriate.
    The FHWA also received comments from traffic engineering 
consultants and others about inconsistency and errors in the 2000 MUTCD 
and in the NPA regarding conversions of English units to metric units. 
Accordingly, the FHWA made a comprehensive review of all dimensions and 
units of measure in the MUTCD and identified a variety of errors in 
conversions of English units to metric units that had occurred during 
the process of preparing the 2000 edition of the MUTCD and that had 
been perpetuated or inaccurately corrected in the NPA. The FHWA 
corrects these metric conversions in this final rule.
    In the NPA, to facilitate easy reference, the FHWA also proposed 
giving figure numbers and titles to all pages that did not have a 
figure number for images of traffic control devices in the 2000 MUTCD. 
The FHWA also proposed changing the titles of a number of figures to 
clarify a figure as either ``typical'' or ``example(s) of.'' In 
general, the FHWA proposed using the word ``typical'' in the title if 
the figure portrays preferred or recommended practice, and the words 
``example(s) of'' in the title if the figure portrays one or several of 
a variety of things that would be acceptable practice with no 
recommended preference. Also, the FHWA proposed modifying figures, 
where appropriate, to reflect proposed changes in the text. Most of the 
commenters agreed with these proposed changes. In a few cases, the FHWA 
received comments opposing a proposed change of a specific figure's 
title from ``example(s) of'' to ``typical,'' citing reasons why the 
figure or figures in question were inaccurately named based on the 
FHWA's stated criteria. The FHWA adopts the proposed addition of or 
changes to figure numbers and titles with revisions to address comments 
as appropriate.
    The FHWA also received several comments from the U.S. Access Board 
and from organizations representing the blind, visually impaired, and 
people with other disabilities, requesting that the MUTCD be changed 
throughout to make it fully consistent with the Draft Guidelines for 
Accessible Public Rights-of-Way that were published by the Access Board 
on June 17, 2002, on its Web site (http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.access-board.gov). The 
FHWA disagrees because the draft guidelines published by the Access 
Board are only a preliminary draft for initial public comments, and 
they have not been finalized. The Access Board is currently reviewing 
the large number of initial public comments received on the draft and 
plans to issue a notice of proposed rulemaking (NPRM) with a revised 
proposal for Guidelines for Accessible Public Rights-of-Way in 2004. 
After the Access Board completes its rulemaking on this matter and 
issues a final rule, the FHWA plans to propose changes to the MUTCD to 
make it consistent with the Access Board's guidelines. However, in 
recognition of and support for the importance of accessibility issues 
related to traffic control devices, in the NPA the FHWA proposed a 
variety of changes to the MUTCD to assure consistency with existing 
requirements of the Americans With Disabilities Act (ADA), 42 U.S.C. 
12101 et seq., and other regulatory requirements concerning 
accessibility as they pertain to traffic control devices. In this final 
rule, the FHWA adopts most of those proposed changes. Further 
discussion of accessibility issues may be found elsewhere in this 
preamble to this final rule, especially under the discussion of adopted 
revisions to Part 6 of the MUTCD, Temporary Traffic Controls.
    The FHWA is aware that section 508 of the Rehabilitation Act, 29 
U.S.C. 794 (2001), requires that certain electronic and information 
technology (EIT) be accessible to individuals with disabilities. By 
regulation, 36 CFR 1194.4 (2001), EIT includes information contained on 
world wide Web sites. Because the FHWA distributes the MUTCD via the 
Internet site (http://mutcd.fhwa.dot.gov), it is aware that it must 
comply with section 508, and it has done so by providing, in addition 
to the PDF file format, an alternative

[[Page 65498]]

format (hypertext markup language--HTML), that is accessible to 
individuals with disabilities. Included within those HTML files are 
accessible narrative descriptions of all of the illustrations (figures) 
that are contained in the MUTCD. The FHWA notes that, while every 
effort has been made to assure complete consistency between the PDF and 
HTML file formats, the PDF version is the official version of the MUTCD 
and takes precedence over any potentially conflicting text in that may 
occur in the HTML version.
    A summary of the significant changes for each of the parts of the 
MUTCD is included in the following discussion.

Discussion of Adopted Amendments to the Introduction

    1. On Page i the FHWA adds addresses for four additional 
organizations whose publications are referenced in the various parts of 
the MUTCD. There were no comments on these additions and the FHWA 
adopts the changes as proposed in the NPA, with further revisions to 
add Web site addresses for each of the organizations listed, to assist 
users of the MUTCD with contacting each of the organizations.
    2. In the Introduction, the FHWA revises the second paragraph of 
the first STANDARD statement to correct an incorrect reference in the 
2000 MUTCD and to accurately reflect the referenced text of the Code of 
Federal Regulations and with Section 1A.07 Responsibility for Traffic 
Control Devices. There were no comments on these changes. The FHWA 
adopts the changes.
    In the second SUPPORT statement, the FHWA makes a minor editorial 
change to correct the section reference to the Uniform Vehicle Code \2\ 
in the fourth sentence of the first paragraph to Section 15-116 of the 
UVC. The 2000 MUTCD and the NPA incorrectly referenced Section 15-117 
of the UVC regarding traffic control devices on private property used 
by the public.
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    \2\ The ``Uniform Vehicle Code and Model Traffic Ordinance,'' 
2000 edition, is published by the National Committee on Uniform 
Traffic Laws and Ordinances, 107 S. West Street, 110, 
Alexandria, Virginia 22314. It is available for inspection as 
prescribed at 49 CFR part 7. Purchase information is available on 
the Web site for the National Committee at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ncutlo.org.
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    The FHWA also adds a second paragraph to the GUIDANCE statement to 
clarify that, except when a specific numeral is required by the MUTCD 
text, numerals shown in sign images in the figures that specify times, 
distances, speed limits, and weights should be regarded as examples 
only, and that the numerals installed on actual signs should be 
appropriately altered to fit the specific signing situation. This 
clarification is necessary to address comments about some of the sign 
images throughout the MUTCD in the NPA.
    The FHWA also adds a fourth SUPPORT statement to clarify the 
organization of the MUTCD and explain how one could reference portions 
of the MUTCD. There were no comments on this SUPPORT statement and the 
FHWA adopts it as proposed in the NPA.
    The FHWA also adds a new STANDARD that lists special phase-in 
target compliance dates for various portions of the MUTCD. The purpose 
of this list is to provide a convenient reference guide to the user of 
phase-in target compliance dates for various portions of the MUTCD. The 
FHWA received comments from the City of Plano, Texas, and the 
Association of Pedestrian and Bicycle Professionals supporting the 
presence of this new text. Some commenters also questioned the use of 
the word ``issuance'' in the STANDARD stating that States or other 
Federal agencies shall adopt changes to the MUTCD within two years of 
issuance. ``Issuance'' in this usage refers to the date that the FHWA 
Administrator signs the final rule, which occurs prior to the 
publication date and effective date of the final rule. This language is 
as proposed in 23 CFR 655.603(b)(1) and cannot be changed in the MUTCD 
Introduction until the Code of Federal Regulations is changed. Such a 
change may be considered in a future rulemaking.
    The National Committee on Uniform Traffic Control Devices (NCUTCD), 
including members of the Railroad-Light Rail Transit Technical 
Committee of the NCUTCD opposed the wording in the first paragraph of 
the proposed new STANDARD that would require replacement of damaged 
devices upon adoption of the MUTCD by the State or other Federal 
agency. The commenters stated that replacement of damaged devices is 
normal maintenance that should not be covered by this STANDARD. While 
it is usually desirable to replace damaged devices with ones that 
conform to the current MUTCD, there are times that doing so may not be 
practical, or may cause the replacement device to be inconsistent with 
other portions of the Manual or other devices in a series, and thereby 
cause a potential safety issue for road users. The FHWA agrees and 
revises the statement by deleting replacement of damaged devices from 
the STANDARD statement and, in conjunction with this, at the end of the 
MUTCD Introduction the FHWA adds new OPTION and SUPPORT statements 
regarding the replacement of damaged, non-compliant devices as part of 
maintenance activities following a crash or other event. The FHWA also 
modifies the new STANDARD statement to accurately reflect existing 
provisions of the Code of Federal Regulations in regard to different 
requirements that apply on Federal-aid projects, and to clarify the 
FHWA's authority to establish phase-in target compliance dates for 
particular changes to the MUTCD.
    The NCUTCD, State and local DOTs, and private citizens suggested 
changes to some specific proposed special phase-in target compliance 
dates. The FHWA deletes the word ``proposed'' from each of the phase-in 
target compliance dates which appeared in the NPA, and changes the 
phase-in target compliance dates (from what was proposed in the NPA) 
for the following: Section 2B.28 Preferential Only Lane Sign Placement 
and Application (numbered 2B.50 in the NPA), Section 2B.52 Hazardous 
Material Signs (R14-2, R14-3) (numbered 2B.46 in the NPA), Section 
2C.30 Speed Reduction Signs (W3-5, W3-5a) (numbered 2C.51 in the NPA), 
Section 2D.38 Street Name Sign (D3-1), Section 2D.39 Advance Street 
Name Signs (D3-2), Section 2E.28 Interchange Exit Numbering, Section 
2I.03 EVACUATION ROUTE Sign (EM-1), Section 4D.12 Flashing Operation of 
Traffic Control Signals, Section 4E.07 Countdown Pedestrian Signals, 
Section 6D.03 Worker Safety Considerations (numbered 6D.02 in the NPA), 
Section 6E.02 High-Visibility Safety Apparel, Section 6F.58 
Channelizing Devices (numbered 6F.55 in the NPA), Section 6F.63 Type I, 
II, or III Barricades (numbered 6F.60 in the NPA), and Part 10 (Traffic 
Controls for Highway-Light Rail Transit Grade Crossings).
    The FHWA also adds phase-in target compliance dates for the 
following: Section 2A.19 Lateral Offset, Section 2B.06 STOP Sign 
Placement, Section 2B.09 YIELD Sign Applications, Section 2B.10 YIELD 
Sign Placement, Section 2B.13 Speed Limit Sign (numbered 2B.11 in the 
NPA), Section 2C.16 NARROW BRIDGE Sign (W5-2) (numbered 2C.14 in the 
NPA), Section 2B.26 Preferential Only Lane Signs (R3-10 through R3-15) 
(numbered 2B.48 in the NPA), Section 2C.34 Two-Way Traffic Sign (W6-3) 
(numbered 2C.31 in the NPA), Section 2E.54 Reference Location Signs, 
Section 2E.59 Preferential Only Lane Signs, Section 3B.03 Other Yellow 
Longitudinal Pavement Markings, Section 3B.17 Crosswalk Markings, 
Section 3B.19 Pavement Word and Symbol Markings, Section 5C.05 NARROW 
BRIDGE Sign,

[[Page 65499]]

Section 6D.02 Accessibility Considerations, Section 6F.03 Sign 
Placement, 6F.66 Longitudinal Channelizing Barricades (numbered 6F.53 
in the NPA), Section 6F.82 Crash Cushions (numbered 6F.78 in the NPA), 
and Section 7B.12 Reduced Speed School Zone Ahead Sign (S4-5, S4-5a).
    The FHWA is not including in this final rule the following phase-in 
target compliance dates that had been proposed in the NPA: Section 
3B.14 Raised Pavement Markers Substituting for Pavement Markings, 
Section 4E.04 Size, Design, and Illumination of Pedestrian Signal Head 
Indications, Sections 4F.04 and 4L.03 (these sections are removed from 
this final rule), Section 6F.69 Temporary Raised Islands (numbered 
6F.63 in the NPA), and for Section 8B.02 Highway-Rail Grade Crossing 
(Crossbuck) Sign (R15-1) and Number of Tracks Sign (R15-2). Discussion 
of these changes, additions, and removals of phase-in target compliance 
dates may be found under the discussions of the individual sections.

Discussion of Adopted Amendments to the Table of Contents

    3. The FHWA condenses the Table of Contents to include only the 
list of Parts and Chapters. Each Part continues to begin with a ``table 
of contents'' that contains the page number of every section, figure, 
and table. This change simplifies the search for an item by those with 
visual disabilities by enabling them to advance to the appropriate Part 
and then page more quickly and easily. There were no comments on the 
Table of Contents and the FHWA adopts the changes.

Discussion of Adopted Amendments to Part 1--General

    4. In Section 1A.05 Maintenance of Traffic Control Devices, in the 
second paragraph of the GUIDANCE statement, the FHWA revises the text 
to eliminate redundancy. The FHWA received one editorial comment from a 
traffic engineering consultant, and adopts the suggested editorial 
changes with minor revision.
    5. In Section 1A.07 Responsibility for Traffic Control Devices, the 
FHWA makes a minor editorial change to correct the section reference to 
the Uniform Vehicle Code (UVC) in the first sentence of the second 
paragraph of the SUPPORT statement to Section 15-116 of the UVC. The 
2000 MUTCD and the NPA incorrectly referenced Section 15-117 of the UVC 
regarding traffic control devices on private property used by the 
public.
    6. In Section 1A.10 Interpretations, Experimentations, Changes and 
Interim Approvals, titled ``Interpretations, Experimentations, and 
Changes'' in the NPA, the FHWA changes the first GUIDANCE statement to 
a STANDARD statement to require that requests for interpretations, 
permission to experiment, interim approval, or changes to the MUTCD 
must be submitted to the FHWA's Office of Transportation Operations. 
There were no comments on this change.
    The FHWA received three comments from the NCUTCD and the Minnesota 
and Ohio DOTS regarding item E of the second GUIDANCE statement and 
item D of the fourth GUIDANCE statement, both of which pertain to 
patented or copyrighted traffic control devices. The commenters 
suggested that certifying that a ``concept'' for a traffic control 
device is not protected by a patent or copyright is vague and difficult 
to interpret. The FHWA agrees and inserts an example of a traffic 
control device concept in both items to clarify the intent.
    Additionally, following the fourth GUIDANCE statement the FHWA adds 
SUPPORT, GUIDANCE, OPTION, and STANDARD statements describing the 
``interim approval'' process for the FHWA to approve or allow the use 
of new traffic control devices. Seven commenters representing industry 
and local governments were all in general support of the new interim 
approval process.
    The NPA included an additional new STANDARD statement between the 
new SUPPORT and GUIDANCE statements. In response to comments from the 
NCUTCD and the California Department of Transportation (Caltrans), the 
FHWA removes as incorrect the proposed STANDARD statement to the effect 
that interim approvals will be considered only when submitted by the 
public agency or private toll facility responsible for the operations 
of the road or street. It is not FHWA's intent to limit requests for 
interim approvals to only public agencies or private toll road 
authorities. Requests for interim approvals, interpretations, and 
changes can be made by anyone. However, requests for experimentation 
approvals will continue to be accepted only from public agencies or 
private toll road authorities.
    The FHWA also modifies Figure 1A-2 to reflect the ``interim 
approval'' process and to make the figure more accurately reflect the 
text of the MUTCD.
    7. In Section 1A.11 Relation to Other Publications, the FHWA 
modifies the STANDARD statement to update the documents listed to the 
latest editions. The FHWA also adds additional sources of information 
in the SUPPORT statement and revises the order of the sources of 
information, alphabetizing first by source, then by the title of the 
document. There were several editorial comments suggesting revisions to 
reflect current editions of documents that the FHWA incorporates in 
this final rule.
    8. In Section 1A.12 Color Code, the FHWA adds to the STANDARD 
statement the assignment of the color fluorescent pink to incident 
management to make it easier for road users to follow directions 
relating to traffic incidents. This color was referred to as 
fluorescent coral in the NPA. The FHWA received several comments from 
the NCUTCD, ATSSA, the Ohio, California, Virginia and Missouri DOTs, 
and traffic control device manufacturers, regarding this color. ATSSA, 
the Virginia DOT, and several traffic control device manufacturers felt 
that the color should be called fluorescent pink, other traffic control 
device manufacturers agreed with the color coral, and Minnesota DOT 
wanted more studies regarding effectiveness of the color. The FHWA 
believes that the study \3\ that found this color to be effective is 
sufficient and that further study is not needed. The coordinates of the 
color box are most appropriately titled ``fluorescent pink,'' and the 
FHWA intends for the color to appear pinker in nature, similar to the 
sample signs that were studied and found effective, rather than coral. 
The FHWA reorders the items in the STANDARD statement so that the 
colors appear in alphabetical order, adds the color ``fluorescent 
pink,'' and restores the color ``coral'' as unassigned. The color 
coordinates for the color fluorescent pink are indicated below.
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    \3\ ``Improvement of Conspicuity of Trailblazing Signs: Phase 
III--Evaluation of Fluorescent Colors'', Virginia Transportation 
Research Council (VTRC) Report No. FHWA/VTRC 01-CR4, February 2001, 
by Neale, Anders, Schreiner, and Brich, may be ordered from VTRC at 
the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.virginiadot.org/vtrc/main/index_main.htm.
 The color tested and recommended in this report is 
referred to as fluorescent coral, however the characteristics (color 
box coordinates, etc.) of the color tested are more accurately 
described as fluorescent pink.

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[[Page 65500]]

    The Commission Internationale de l'Eclairage (CIE) (English: 
International Commission on Illumination) chromaticity coordinates 
(x,y), defining the corners of the Fluorescent Pink daytime color 
region are as follows:

------------------------------------------------------------------------
                 x                                    y
------------------------------------------------------------------------
                  0.450                                0.270
                  0.590                                0.350
                  0.644                                0.290
                  0.536                                0.230
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                           Luminance factor limits (Y)
                                                               -------------------------------------------------
                                                                             D65                     D150
                                                               -------------------------------------------------
                                                                   Min       Max       YF        Min       Max
----------------------------------------------------------------------------------------------------------------
Fluorescent Pink..............................................       25      none        15        25      none
----------------------------------------------------------------------------------------------------------------

    Fluorescent materials differ from non-fluorescent materials in that 
the total luminance is the sum of the luminances due to reflection and 
fluorescence. The luminance factor Y of such materials is the sum of 
the luminance due to reflection (YR) and the luminance due 
to fluorescence (YF). Therefore, 
Y=YR+YF. If the value YF is greater 
than zero, the material is fluorescent; if YF equals zero, 
then the luminance factor Y is equal to YR.
    These four pairs of chromaticity coordinates determine the 
acceptable color in terms of CIE 1931 Standard Colorimetric System (2 
degree standard observer) measured with CIE Standard Illuminant D65 in 
accordance with the American Society for Testing Materials (ASTM) 
standard E991. In addition, the color shall be fluorescent, as 
determined by ASTM E1247.\4\ The FHWA amends title 23, Code of Federal 
Regulations, part 655, appendix to subpart F, to add chromaticity 
coordinates and luminance factor limits for the color of fluorescent 
pink retroreflective sign materials.
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    \4\ A list of the American Society for Testing Materials (ASTM) 
standards is available on the Internet at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.astm.org.
 The ASTM International is a global forum for the 
development of consensus standards. Standard ASTM E991-98 is titled 
``Standard Practice for Color Measurement of Fluorescent 
Specimens.'' Standard ASTM E1247-03 is titled ``Standard Practice 
for Detecting Fluorescence in Object-Color Specimens by 
Spectrophotometry.''
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    Additionally, to be consistent with Section 2C.42 Playground Sign 
(W15-1), the FHWA adds ``playground warning'' to the list of signs 
assigned the fluorescent yellow-green color.
    9. In Section 1A.13 Definitions of Words and Phrases in This 
Manual, the FHWA revises definitions in the STANDARD statement for: 
``Active Grade Crossing Warning System,'' ``Average Day,'' ``Beacon,'' 
``Crosswalk,'' ``Highway Traffic Signal,'' ``Raised Pavement Marker'', 
``Road User,'' ``Shared-Use Path,'' ``Sidewalk,'' ``Sign Illumination'' 
and ``Traffic Control Device'' to better reflect accepted practice and 
terminologies and to provide consistency between the definitions shown 
here and in other parts of the Manual. Additionally, the FHWA adds 
definitions for ``Crashworthy,'' ``Detectable,'' ``Inherently Low 
Emission Vehicle (ILEV),'' ``Pedestrian Facilities,'' and ``Roundabout 
Intersection'' because they are used in the MUTCD. There were a few 
editorial comments regarding some of these definitions that the FHWA 
incorporates in this final rule as appropriate. Also, the FHWA revises 
the definition of ``Inherently Low Emission Vehicle (ILEV)'' to clarify 
that only the U.S. Environmental Protection Agency has the authority to 
certify ILEVs.
    Additionally, the FHWA removes the definition for ``Preferential 
Lane Marking'' because it is no longer used in the MUTCD. There were no 
comments regarding this change.
    10. In Section 1A.14 Abbreviations Used on Traffic Control Devices, 
the FHWA revises the text in the first STANDARD statement to clarify 
that the abbreviations for the word messages shown in Table 1A-1 are 
the only abbreviations to be used for those word messages. The FHWA 
also adds a GUIDANCE statement at the end of this section to give 
guidance regarding the consistency of abbreviations within a single 
jurisdiction. Additionally, the FHWA revises Tables 1A-1 and 1A-2 to 
include additional abbreviations, delete some abbreviations, and modify 
some abbreviations, based on Texas research on driver understanding of 
abbreviations. The Illinois DOT was opposed to the abbreviations for 
northbound, eastbound, and the like, suggesting that the use of ``NB'', 
etc. should be allowed. The 2000 Texas Transportation Institute (TTI) 
study (by Durkop and Dudek) \5\ on which many of the abbreviation 
requirements were based found very low driver comprehension rates in 
Texas for NB, EB, SB, and WB when used as ``NB Traffic'' or ``US 75 
NB.'' The Texas study suggested that a better alternative would be just 
the initial letter N, S, E, or W. The FHWA reviewed that study and has 
determined that abbreviations such as ``N-BND'' would further enhance 
understanding. Accordingly, the FHWA adopts the changes to this section 
as proposed in the NPA, with minor editorial clarifications.
---------------------------------------------------------------------------

    \5\ ``Texas Driver Understanding of Abbreviations for Dynamic 
Message Signs'', February 2000, by Durkop and Dudek, Texas 
Transportation Institute Report number FHWA/TX-00-1882-1, can be 
obtained from the Texas Transportation Institute, phone (979) 845-
4853. A summary of the results was also published in Transportation 
Research Record 1748, available for purchase from the Transportation 
Research Board at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www4.trb.org/trb/ 
onlinepubs.nsf/web/homepage? OpenDocument.
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Discussion of Adopted Amendments to Part 2--Signs

    11. In Section 2A.06 Design of Signs, the FHWA adds to the SUPPORT 
statement that the ``general appearance'' of the sign legends, colors 
and sizes are shown in the illustrations, because the illustrations may 
not exactly correspond to the letter brush stroke widths of the 
``Standard Highway Signs'' book and the FHWA central values and 
tolerance limits of colors, due to variations in computer display 
monitors and printing processes.
    In the NPA, the FHWA proposed adding to the STANDARD statement 
that, unless otherwise stated in the MUTCD for a specific sign, phone 
numbers or Internet addresses shall not be shown on any sign, to reduce 
the possibility of driver distraction. While there was one comment from 
the NCUTCD in support of this change, there were five comments from the 
Arizona, Washington, Virginia, and Illinois DOTs and the City of Plano, 
Texas, specifically opposing the language in the NPA prohibiting phone 
numbers on signs because these may provide important phone numbers that 
are used for services provided to the public by a government agency. 
The FHWA agrees that telephone numbers can be useful, but is concerned 
about driver distraction and the effect on highway safety. To address 
the

[[Page 65501]]

comments, the FHWA revises the STANDARD statement and adds GUIDANCE and 
OPTION statements to allow phone numbers and Internet addresses on 
signs in certain limited circumstances, minimizing the potential 
effects on safety. The language in this final rule permits abbreviated 
telephone numbers (four characters or less) on signs. Signs with 
telephone numbers of more than four characters and Internet addresses 
may be provided in parking and pedestrian areas, or on low-speed 
roadways where engineering judgment indicates that vehicles can safely 
stop out of the traffic flow to read the sign.
    12. In Section 2A.07 Changeable Message Signs, the FHWA revises the 
GUIDANCE statement to include safety messages as one of the types of 
allowable displays for changeable message signs. There were two 
comments from the NCUTCD and the City of Tucson, Arizona, in support of 
this change, while two commenters representing the Kansas DOT opposed 
it. The Kansas DOT stated that to encourage the display of safety 
messages on changeable message signs could desensitize the traveling 
public towards regulatory, warning, and guidance information that is 
displayed at other times. The FHWA adopts the proposed change because 
it is included in a GUIDANCE statement, which gives the individual 
States the flexibility to permit or not permit safety messages on 
changeable message signs.
    Additionally, the FHWA adds at the end of the section OPTION, 
SUPPORT, GUIDANCE, and STANDARD statements regarding the use, design, 
and format of safety and other messages so that they do not adversely 
affect the usefulness of the sign. There were two comments from the 
Kansas DOT opposed to the new OPTION statement, stating that changeable 
message signs should be used only when there is a need. Because this is 
an OPTION statement, the FHWA believes that it gives any individual 
State the flexibility to use this option if it so chooses. To 
explicitly reinforce this, the FHWA adds a sentence to the OPTION 
statement that State and local agencies may develop and establish a 
policy regarding safety and transportation-related message signs, for 
both permanent and changeable message signs, which specifies allowable 
messages and applications. To mirror and reinforce the information 
contained in Table 2A-4, the FHWA also adds to the OPTION statement 
that changeable message signs (including portable changeable message 
signs) that display a regulatory or warning message may use a black 
background with a white, yellow, orange, red, or fluorescent yellow-
green legend as appropriate.
    13. In Section 2A.08 Retroreflectivity and Illumination, the FHWA 
revises Table 2A-1 by replacing ``Patterns of incandescent light 
bulbs'' with ``Incandescent light bulbs'' and by adding ``Light 
Emitting Diodes (LEDs)'' to the listed Means of Illumination to reflect 
current technology. There were nine comments from the NCUTCD, the City 
of Tucson, Arizona, traffic control device manufacturers, and private 
citizens supporting this change, particularly the addition of light 
emitting diodes (LEDs). To provide additional clarification to the 
table, the FHWA creates a separate row in the table for light emitting 
diodes under the Means of Illumination and includes symbols or word 
messages and portions of the sign border as sign elements to be 
illuminated. In addition, based on comments from the NCUTCD, the FHWA 
adds to the OPTION statement additional information regarding the use 
of LEDs within the face of a sign and in the border of a sign and adds 
a new STANDARD statement following this OPTION to specify the color and 
flash rate for LEDs used on a sign.
    Additionally, the FHWA adds a new SUPPORT statement at the end of 
the section referencing information contained in Section 2A.21 Posts 
and Mountings on the use of retroreflective material on the sign 
support. There was one comment from the NCUTCD in support of this 
change. The FHWA adopts this change.
    14. In Section 2A.10 Shapes, the FHWA revises Table 2A-3 by 
removing the Emergency Evacuation Route Sign from the listed signs for 
the circle shape because the FHWA changes the design of this sign to be 
a rectangular plate in accordance with other guide signs, as indicated 
in Section 2I.03 EVACUATION ROUTE Sign (EM-1). The FHWA received two 
comments from the NCUTCD and the City of Tucson, Arizona, in support of 
this change, and one comment from the Florida DOT opposed to it. The 
Florida DOT opposed because it currently uses the circle shape for the 
Emergency Evacuation Route Sign and believes that the proposed change 
would have a large statewide impact to its evacuation program. The FHWA 
notes that the Emergency Evacuation Route Sign has not been changed; it 
has just been put onto a white rectangular background so that the 
circular shape can be reserved for another use. The FHWA adopts the 
change, but to address the Florida DOT's comment, adds a phase-in 
target compliance date of 15 years from the date this final rule is 
effective for the change in shape, for signs in good condition.
    Additionally, the FHWA revises Table 2A-3 to list the Trapezoid 
shape for use as ``Recreational and Cultural Interest Area Series'' and 
``National Forest Route'' signs. The FHWA received two comments from 
the City of Tucson, Arizona, and the NCUTCD in support of this change, 
and adopts this change.
    15. In Section 2A.11 Sign Colors, the FHWA modifies the STANDARD 
statement to read ``The colors to be used on standard signs and their 
specific use on these signs shall be as indicated in the applicable 
sections of this Manual. The color coordinates and values shall be as 
described in 23 CFR, Part 655, Subpart F, Appendix.'' This modification 
clarifies that the color requirements apply to all signs in the MUTCD, 
not just those in Part 2, and refers to the correct location of the 
color coordinates and values. There were no comments on this change.
    In the NPA, the FHWA proposed using the color coral for incident 
management uses, however in response to comments from traffic control 
device manufacturers about this section and Part 6, the FHWA changes 
this color assignment to fluorescent pink because this name more 
clearly describes the color in the color tints. See also the discussion 
under Section 1A.12 Color Code, which also applies to this section. As 
a result, the FHWA withdraws this proposal to modify the SUPPORT 
statement to delete the color coral from the reserved colors, and 
retains the text as shown in the 2000 MUTCD which includes the color 
coral as a reserved color for a use that will be determined in the 
future. Additionally, the FHWA adds to the SUPPORT statement that 
information regarding color coding of destinations on guide signs is 
contained in Section 2D.03 Color, Retroreflection, and Illumination.
    The FHWA also modifies Table 2A-4 by adding a new column on the 
right hand side for the color fluorescent pink, by adding a new row 
``Incident Management'' to the bottom, by adding a second new row 
``Changeable Message Signs'' at the bottom, following Incident 
Management, and by adding or revising color designations and notes to 
reflect proposed changes in other parts of the MUTCD. The FHWA makes 
additional editorial changes to the table, and moves Reference 
Location, Street Name, and Destination signs to be listed as Guide 
signs, and the Evacuation Route sign to be listed under Information 
signs, in response to a comment from Caltrans and to maintain 
consistency within the MUTCD.

[[Page 65502]]

    16. In Section 2A.12 Dimensions, the FHWA adds a second paragraph 
to the SUPPORT statement describing and clarifying the different sizes 
of signs, as detailed in the ``Standard Highway Signs'' book. While the 
City of Tucson, Arizona, supported the change, there were two comments 
from the NCUTCD and the Illinois DOT opposed to this new paragraph. The 
NCUTCD stated that this new paragraph introduced redundancy because 
this information is included in Sections 2B.03 Size of Regulatory Signs 
and 2C.04 Size of Warning Signs, and the Illinois DOT suggested that 
this paragraph was unnecessary. The FHWA agrees that this information 
needs to be included in only one place in the Manual, and adopts the 
text in this section and deletes this information from Sections 2B.03 
and 2C.04. The FHWA revises the last sentence of this paragraph to 
clarify that intermediate sized signs are designed to be used on other 
highway types.
    17. In Section 2A.14 Word Messages, the FHWA modifies the first 
GUIDANCE statement to clarify that the specific ratio of 25 mm (1 in) 
of letter height per 12 m (40 ft) of legibility distance should be a 
minimum. The FHWA received one comment from the NCUTCD supporting this 
change and adopts this change.
    Additionally, the FHWA adds a new SUPPORT statement after the first 
paragraph of GUIDANCE to provide additional information that some 
research on sign legibility of older drivers \6\ indicates that a ratio 
of 25 mm (1 in) of letter height per 10 m (33 ft) of legibility 
distance could be beneficial for addressing the needs of older drivers. 
Three commenters from the NCUTCD, ATSSA, and the sign manufacturing 
industry supported this new SUPPORT statement, and the City of Tucson, 
Arizona, and a traffic engineering consultant opposed it. Both opposing 
commenters expressed concern that this additional language would add 
confusion as to what ratio should be used in designing signs. The FHWA 
disagrees with the opposing commenters because SUPPORT statements are 
purely informational and have no legal basis for a mandatory or 
recommended practice.
---------------------------------------------------------------------------

    \6\ Information about this research is summarized on pages 185 
and 186 of the ``Highway Design Handbook for Older Drivers and 
Pedestrians,'' Report number FHWA-RD-01-103, published by the FHWA 
Office of Safety Research and Development, 2001. It is available for 
purchase from The National Technical Information Service, 
Springfield, Virginia 22161, (703) 605-6000. Internet Web site 
address at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ntis.gov.
---------------------------------------------------------------------------

    The FHWA adds a new GUIDANCE heading for guidance on abbreviations 
after the new SUPPORT statement.
    18. In Section 2A.15 Sign Borders, the FHWA modifies the STANDARD 
statement to require that the corners of all sign borders, except for 
STOP signs, shall be rounded. The FHWA received several comments from 
ATSSA and representatives of the blind community regarding this change. 
The commenters misunderstood this statement both in the NPA and in the 
2000 MUTCD, thinking that it pertained to the corners of the sign 
itself, rather than the sign border, which is included within the sign. 
As noted in the next paragraph, the sign itself does not always have to 
have rounded corners, but the border (typically black on white) does. 
The NPA merely replaced the phrase ``corners of the sign'' with 
``corners of all sign borders'' to provide consistency with the section 
title, Sign Borders. The FHWA adopts the change, as proposed in the 
NPA, in this final rule.
    The NPA also included a proposal to modify the GUIDANCE statement 
to clarify that, where practical, the corners of the sign should be 
rounded to fit the border, except for STOP signs. The FHWA received 
several comments from ATSSA and representatives of the blind community 
supporting the rounding of sign corners. The FHWA received one comment 
from a traffic engineering consultant opposing the statement, 
suggesting that the phrase ``where practical'' was too vague. The FHWA 
agrees and revises this statement to include a reference Section 2E.15 
Sign Borders for specific exemptions regarding the rounding of corners 
of sign.
    19. In Section 2A.16 Standardization of Location, the FHWA 
relocates Figures 2A-3, 2A-4, 2A-5, and 2A-6 to Section 2B.37 ONE WAY 
Signs (R6-1, R6-2) and removes Figure 2A-7 (figure numbering cited here 
reflects 2000 MUTCD). These relocated figures are more appropriate in 
Chapter 2B Regulatory Signs. The FHWA revises the first SUPPORT 
statement to reflect these changes. There were no comments regarding 
this change, and the FHWA adopts this change.
    The FHWA received several comments from Caltrans, the Ohio DOT, the 
City of Tucson, Arizona, and a traffic engineering consultant regarding 
Figures 2A-1 and 2A-2 in the NPA. In response to the comments regarding 
the use of the words ``typical'' and ``examples'', the FHWA changes the 
figure titles to: ``Figure 2A-1 Examples of Heights and Lateral 
Locations of Signs for Typical Installations'' and ``Figure 2A-2 
Examples of Locations for Some Typical Signs at Intersections.'' The 
FHWA also incorporates editorial comments and notes to the figures in 
this final rule.
    The FHWA also revises the second paragraph of the first GUIDANCE 
statement to state the exceptions to placing signs on separate posts in 
list form rather than narrative form, and to clarify that certain 
groupings of regulatory signs are also excepted from the recommended 
mounting on separate posts. These minor editorial clarifications 
respond to a comment from a traffic engineering consultant and reflect 
common practice.
    20. In Section 2A.17 Overhead Sign Installations, the FHWA modifies 
the GUIDANCE statement to clarify that overhead guide signs should be 
used on freeways as well as expressways, under certain conditions. The 
FHWA received two comments from ATSSA and the City of Tucson, Arizona, 
in support of this change and adopts this change.
    The FHWA received one comment from a traffic engineering consultant 
suggesting that the last paragraph of the OPTION statement pertaining 
to the placement of signs on bridges of freeways and expressways in 
order to enhance safety and economy is duplicative and unnecessary. The 
FHWA agrees with the comment and makes this minor and editorial 
revision to remove this text from this final rule.
    21. In Section 2A.18 Mounting Height, the FHWA relocates the first 
OPTION and SUPPORT statements so that they appear before the last 
paragraph of the first STANDARD statement. This change improves the 
clarity of the section. The FHWA received one comment from the City of 
Tucson, Arizona, supporting this change, and adopts this change. The 
FHWA received one comment from a private citizen suggesting that in-
street crosswalk signs are typically mounted much lower than the 
heights included in the first STANDARD statement, and that if they are 
to be excluded from these criteria, appropriate language should be 
included in the final rule. The FHWA agrees that additional language is 
needed and adds a new SUPPORT statement at the beginning of the Section 
that indicates that the provisions of this section apply unless 
specifically stated otherwise for a particular sign elsewhere in the 
MUTCD.
    Additionally, the FHWA adds a paragraph to the last OPTION 
statement indicating that if the vertical clearance of other structures 
is less than 4.9 m (16 ft), the vertical clearance to overhead sign 
structures or supports may be as low as 0.3 m (1 ft) higher than the

[[Page 65503]]

vertical clearance of the other structures. These lower clearances for 
the sign structures are sometimes needed to maximize the visibility of 
the signs when low bridge structure or tunnel clearances limit the sign 
visibility. There was one editorial comment from the NCUTCD regarding 
this change, which the FHWA incorporates in this final rule.
    22. In Section 2A.19 Lateral Offset, the FHWA divides the first 
STANDARD statement into a STANDARD and a GUIDANCE statement. The 
STANDARD statement refers to the lateral offset of overhead sign 
supports, and the GUIDANCE statement refers to the lateral offset of 
signs mounted at the roadside. Changing the lateral offset of roadside-
mounted signs to a GUIDANCE provides additional flexibility to 
jurisdictions for signs mounted at the roadside. There was one comment 
from the NCUTCD in support of this change, the Kansas DOT opposed it, 
and Caltrans requested additional clarification. The Kansas DOT opposed 
the conversion of the minimum lateral offset for signs mounted at the 
roadside to a GUIDANCE, and suggested that it should remain a STANDARD 
in order to minimize the chance of allowing signs to be placed 
immediately adjacent to the shoulder or the roadway edge. The FHWA 
disagrees because it is more appropriate for this item to be a 
GUIDANCE, especially given the exemptions in the last OPTION statement. 
The FHWA encourages the 12-foot offset, but provides flexibility to 
jurisdictions for the placement of signs mounted at the roadside in 
places where the 12-foot offsets would not be desirable or practical. A 
State may choose to impose a more stringent requirement if it desires. 
The FHWA adopts this change, as specified in the NPA, in this final 
rule.
    Additionally, in the 2000 edition of the MUTCD a new requirement 
was established in this section that, if located within the clear zone, 
ground-mounted sign supports shall be breakaway, yielding, or shielded 
with a barrier or crash cushion and that supports for overhead-mounted 
signs shall be shielded with a barrier or crash cushion, but no special 
phase-in target compliance date was established at that time. In 
response to comments that agencies are encountering difficulties and 
economic impacts given the extensive testing of devices that has to 
occur in accordance with NCHRP Report 350 \7\ in order to determine and 
certify crashworthiness, the FHWA determines that a special target 
compliance date is required for the crashworthiness provisions in this 
section. In this final rule, the FHWA establishes a phase-in target 
compliance date of January 17, 2013 for crashworthiness of sign 
supports within the clear zone for roads with posted speed limits of 80 
km/h (50 mph) or above. This is consistent with guidance previously 
communicated informally to jurisdictions in a variety of training and 
presentations by the FHWA Office of Safety regarding roadside safety 
and countermeasures for run-off-the-road crashes, and is a reasonable 
target date for achieving compliance on high-speed roads.
---------------------------------------------------------------------------

    \7\ NCHRP Report 350, ``Recommended Procedures for the Safety 
Performance Evaluation of Highway Features,'' 1993, is available for 
downloading from the Transportation Research Board at the following 
URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://gulliver.trb.org/publications/nchrp/nchrp_rpt_350-a.pdf
.
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    23. In the NPA, the FHWA proposed revisions to Section 2A.20 
Position of Signs, to remove the second sentence under the SUPPORT 
statement as the references to the figures duplicates other references 
elsewhere. Upon further consideration, the FHWA believes that this 
section is not necessary and deletes this section from the MUTCD in its 
entirety in this final rule. This section does not include any 
information that is not already contained elsewhere in the Manual. The 
FHWA revises the subsequent section numbers accordingly.
    24. In Section 2A.21 Posts and Mountings (numbered Section 2A.22 in 
the NPA), the FHWA adds an OPTION statement after the SUPPORT 
statement, indicating that a strip of retroreflective material may be 
used on the supports of regulatory and warning signs to draw attention 
to the sign during nighttime conditions. One consultant and three State 
DOTs opposed this new OPTION, but the NCUTCD and several other agencies 
supported it. Those opposed stated several reasons, such as difficulty 
in deciding which signs should receive a reflective strip, lack of 
research support, and consistency. The FHWA agrees that additional 
instruction is needed regarding the use of the reflective strip, and 
adds the phrase ``Where engineering judgment indicates a need to draw 
attention to the sign during nighttime conditions''. Because this is an 
OPTION, States that oppose it can choose to not allow this use.
    Additionally, the FHWA adds a second STANDARD statement after the 
OPTION statement specifying the size, location, and color of the strip 
of retroreflective material if it is used. This provides for uniformity 
of application. Based on comments received from a traffic engineering 
consultant for this section as well as other comments in Section 8B.03 
Highway-rail Grade Crossing (Crossbuck) Sign (R15-1) and Number of 
Tracks Sign (R15-2) regarding the placement of the strip in relation to 
the ground, the FHWA revises this statement to indicate that the bottom 
of the strip be within 0.6 m (2 ft) above the edge of the roadway. The 
FHWA adopts this change, along with editorial modifications, in this 
final rule.
    25. In Section 2A.23 Median Opening Treatments for Divided Highways 
with Wide Medians (numbered Section 2A.24 in the NPA and title changed 
from 2000 MUTCD), the FHWA removes the GUIDANCE statement that appeared 
in the 2000 MUTCD and changes the STANDARD statement to a GUIDANCE 
statement. The FHWA received three comments from the NCUTCD, Caltrans, 
and the City of Tucson, Arizona, in support of these changes, and two 
comments from ATSSA and the Minnesota DOT opposing the change from 
STANDARD to GUIDANCE. This change makes it recommended rather than 
mandatory that intersections on divided highways where the median width 
at the median opening is 9 m (30 ft) or more, be signed as two separate 
intersections. The commenters suggested that the use of the mandatory 
word ``shall'' would provide for greater consistency between 
jurisdictions and should be maintained to assist tourists and older 
drivers. The FHWA believes that it is important to provide additional 
signing flexibility to jurisdictions regarding median openings. A 
GUIDANCE statement strongly encourages the practice without mandating 
it, and allows for engineering judgment to be used to determine if some 
intersections on roadways with medians wider than 9 m (30 ft) might 
function better without being signed as two separate intersections. 
Therefore, the FHWA adopts the change as specified in the NPA.
    26. In Section 2B.02 Design of Regulatory Signs, the NPA included a 
proposal to add OPTION and GUIDANCE statements at the end of the 
section regarding the use of Changeable Message Signs to provide for 
the display of regulatory signs. The NCUTCD, the City of Tucson, 
Arizona, and a traffic control device manufacturer supported the new 
OPTION statement. Caltrans questioned whether the information also 
applied to portable changeable message signs. The FHWA agrees that the 
OPTION statement applies to more than just regulatory signs, and 
removes this OPTION statement from this section and places it in 
Section 2A.07 Changeable

[[Page 65504]]

Message Signs, with additional changes to the text. The NCUTCD and a 
traffic control device manufacturer supported the new GUIDANCE 
statement, however ATSSA and the Wisconsin DOT opposed it. The 
Wisconsin DOT stated that regulatory messages on changeable message 
signs should only be used to supplement standard ground mounted signs, 
rather than as the sole sign, because they cannot be enforced. ATSSA 
stated that there are previously identified problems regarding the 
contrast in colors of the red prohibition circle on changeable message 
signs. The FHWA disagrees with both of these comments and adopts the 
GUIDANCE statement in this final rule. Regulatory messages on 
changeable message signs can be enforced as long as the jurisdiction 
has the authority to enact temporary regulations and as long as the 
messages conform to MUTCD requirements. The red prohibitory circle and 
slash on a black background, as used on changeable message signs, 
generally have better contrast than those used on static signs. The 
FHWA adopts the changes to this section with revisions as described 
above.
    27. In Section 2B.03 Size of Regulatory Signs, the FHWA removes the 
SUPPORT statement referencing the ``Standard Highway Signs'' book 
because this statement is general and applies to regulatory, warning, 
and guide signs, and a similar statement is included in Section 2A.12 
Dimensions.
    The FHWA modifies Table 2B-1 by adding, removing, and renaming 
signs, and by adding additional sign sizes. These changes and new sign 
sizes reflect changes in Part 2, are values from the ``Standard Highway 
Signs'' book, and reflect regular use by highway agencies. The FHWA 
received several editorial comments from the NCUTCD and Caltrans 
regarding these changes and incorporates those changes as appropriate.
    Additionally, the FHWA increases the sizes of the ONE WAY (R6-2) 
sign and the DIVIDED HIGHWAY CROSSING (R6-3, R6-3a) signs for all roads 
based on the research \8\ addressing the needs of older road users. The 
FHWA adds sign sizes in the ``Expressways'' and ``Freeways'' columns 
for these signs and the R6-1 ONE WAY sign because these are the main 
signs to alert road users of the divided highway. The FHWA received one 
comment from ATSSA supporting these changes. The City of Tucson, 
Arizona, opposed the increase in sign size, stating that the current 
sign sizes are adequate for urban/city street systems. The FHWA adopts 
the sizes as proposed in the NPA because the research indicates these 
sizes are needed in most cases for older drivers. However, to address 
the comment from the City of Tucson, the FHWA is currently reviewing 
ways to better incorporate the needs of urban areas into the MUTCD and 
plans to address those needs in a future rulemaking.
---------------------------------------------------------------------------

    \8\ Information about this research is summarized on pages 94-
100 of the ``Highway Design Handbook for Older Drivers and 
Pedestrians,'' Report number FHWA-RD-01-03, published by the FHWA 
Office of Safety Research and Development, 2001. It is available for 
purchase from The National Technical Information Service, 
Springfield, Virginia 22161, (703) 605-6000. Internet website 
address at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ntis.gov.
---------------------------------------------------------------------------

    The FHWA establishes a phase-in target compliance date of 10 years 
from the date of this final rule for these sign sizes, for existing 
signs in good condition to minimize any impact on State or local 
governments.
    Additionally, the FHWA adds to the OPTION statement that signs 
larger than those shown in Table 2B-1 may be used. Sometimes there are 
special conditions that warrant much larger signs and this flexibility 
is needed. There were no comments regarding this change, and the FHWA 
adopts this change.
    28. In Section 2B.04 STOP Sign (R1-1), the FHWA received three 
comments, one from a traffic engineering consultant and two from 
private citizens regarding the use of supplemental plaques with multi-
way STOP signs. The FHWA did not propose any change to this section in 
the NPA, and these comments are outside the scope of this final rule.
    29. In Section 2B.06 STOP Sign Placement, the FHWA corrects an 
error in the STANDARD statement (as published in the 2000 MUTCD) by 
changing the word ``correct'' to ``right'' so that the statement reads, 
``The STOP sign shall be installed on the right side of the approach to 
which it applies.'' There was one comment from a private citizen 
suggesting that the FHWA replace ``traffic lane'' with ``approach'' in 
order to avoid this statement being misinterpreted as requiring a 
separate sign to the right of each stopped lane on a multi-lane 
approach. The FHWA agrees and revises the text accordingly.
    Additionally, the NPA included a proposal that other than a DO NOT 
ENTER sign, no other sign shall be mounted back-to-back with a STOP 
sign, to assure that the shape of the STOP sign is visible to road 
users on other approaches to the intersection. The proposed exception 
for the DO NOT ENTER sign was to allow flexibility in urban areas where 
there may not be enough room to install separate poles for each sign 
and both signs must be installed at the corner. While there was one 
comment from ATSSA in support of this proposed change, the NCUTCD, the 
Arizona, Oregon, Virginia, Wisconsin, and Illinois DOTs as well as the 
Cities of Plano, Texas; Beaverton, Oregon; Kennewick, Washington; and 
Tucson, Arizona, opposed this change, stating that it was too 
restrictive. The FHWA agrees with the State and local DOTs that there 
may be some locations where it may be appropriate to mount signs to the 
back of STOP signs, and changes this STANDARD to a GUIDANCE in this 
final rule and revises the statement to read, ``Other than a DO NOT 
ENTER sign, no sign should be mounted back-to-back with a STOP sign in 
a manner that obscures the shape of the STOP sign.'' The FHWA adds a 
phase-in target compliance date for this new GUIDANCE of 10 years from 
the effective date of this final rule for existing signs in good 
condition, and adds a SUPPORT statement referencing Section 2A.16 
Standardization of Location for further information regarding separate 
and combined mounting of signs with STOP signs.
    30. In Section 2B.09 YIELD Sign Applications, the FHWA clarifies 
the OPTION statement by adding a reference to STOP signs. The change 
states that instead of using a STOP sign, a YIELD sign may be used if 
engineering judgment indicates that one or more of the listed 
conditions exist. The conditions for using a YIELD sign are not being 
changed. The FHWA received four comments from the NCUTCD, ATSSA, the 
City of Tucson, Arizona, and the Association of Pedestrian and Bicycle 
Professionals in general support of the change. A traffic engineering 
consultant mistakenly thought that the change represented a major 
change in the method of determining if YIELD is the appropriate sign, 
and suggested a 10-year phase-in target compliance date. The most 
significant change was made in the 2000 MUTCD. The only new concept is 
the clarification that YIELD signs would be used ``instead of STOP 
signs.'' This is only an OPTION and existing STOP signs that are in 
place at intersections where these conditions apply would not be in 
violation of the MUTCD. The FHWA adopts the change with minor editorial 
revisions in this final rule. There is no need for a long compliance 
date to comply with an OPTION. The FHWA notes that the 10-year phase-in 
target compliance date for the change in application of YIELD signs is 
tied to the effective date of the 2000 MUTCD (January 11, 2011).
    Additionally, the FHWA adds a STANDARD statement after the OPTION 
statement to require the use of a YIELD sign to assign right-of-way at

[[Page 65505]]

the entrance to a roundabout intersection. An essential design feature 
of a modern roundabout intersection is ``yield-on-entry'' therefore, a 
YIELD sign is necessary at all entrances to the roundabout 
intersection. The FHWA received one comment from ATSSA in support of 
this change, and one comment from the U.S. Access Board opposed to it. 
The U.S. Access Board suggested that the pedestrian crossing be moved 
away from the entry and exit points of the roundabout intersection to 
allow for safer interaction between pedestrians and drivers. This would 
create a midblock crossing, and the FHWA believes that the signing and 
marking of nearby midblock crosswalks should be determined on a case-
by-case basis using engineering judgment. Thus, the FHWA did not make 
changes to this STANDARD, and adopts the new STANDARD statement as 
proposed in the NPA.
    31. In Section 2B.10 YIELD Sign Placement, the FHWA corrects an 
error in the first paragraph of the STANDARD statement by changing the 
word ``correct'' to ``right'' so that the first sentence reads, ``The 
YIELD sign shall be installed on the right side of the approach to 
which it applies.'' Additionally, the FHWA adds a new sentence after 
the first sentence of the STANDARD statement to require that YIELD 
signs shall be placed on both the left and right sides of the 
approaches to roundabout intersections with more than one approach lane 
on the signed approach. This is in concert with best practices of 
modern roundabout intersection design and to assure adequate visibility 
of the YIELD signs. There were two comments from ATSSA and the Kansas 
DOT in general support of these changes, and the FHWA adopts these 
changes, with minor editorial revision.
    Additionally, the NPA included a proposal to add a paragraph to the 
STANDARD statement that other than a DO NOT ENTER sign, no other sign 
shall be mounted back-to-back with a YIELD sign, to assure that the 
shape of the YIELD sign is visible to road users on other approaches to 
the intersection. The proposed exception for the DO NOT ENTER sign was 
to allow flexibility in urban areas where there may not be enough room 
to install separate poles for each sign and both signs must be 
installed at the corner. The FHWA received nine comments from State and 
local DOT's opposed to this change, stating that it was too restrictive 
(see comments and discussion in Section 2B.06 STOP Sign Placement). The 
FHWA agrees and changes this STANDARD to a GUIDANCE and revises the 
statement to read, ``Other than a DO NOT ENTER sign, no sign should be 
mounted back-to-back with a YIELD sign in a manner that obscures the 
shape of the YIELD sign.'' The FHWA adds a phase-in target compliance 
date for this new GUIDANCE of 10 years from the effective date of this 
final rule for existing signs in good condition, and also adds a 
SUPPORT statement referencing Section 2A.16 Standardization of Location 
for further information regarding separate and combined mounting of 
signs with YIELD signs.
    Additionally, the FHWA adds a paragraph to the GUIDANCE statement 
stating that, at a roundabout intersection, the face of the YIELD sign 
should not be visible from the circulating roadway. This is recommended 
to prevent circulating vehicles in the roundabout intersection from 
yielding unnecessarily. The FHWA received no comments regarding this 
change, and adopts this change.
    The FHWA also adds an OPTION statement at the end of the section to 
allow the installation of an additional YIELD sign on the left side of 
the road and/or the use of a YIELD line at wide-throat intersections. 
This provides for improved visibility of the YIELD signs where needed. 
The FHWA received no comments regarding this change, and adopts this 
change.
    32. The FHWA adds a new section numbered and titled, ``Section 
2B.11 Yield Here To Pedestrians Signs (R1-5, R1-5a)''. (This section 
was numbered Section 2B.52 in the NPA.) These new signs alert road 
users of the presence of an unsignalized midblock pedestrian crossing. 
The FHWA includes a STANDARD statement, which states that if YIELD 
lines are used in advance of an unsignalized marked crosswalk, the 
YIELD HERE TO PEDESTRIANS (R1-5 or R1-5a) signs, shall be placed 6.1 to 
15 m (20 to 50 ft) in advance of the nearest crosswalk line. The 
purpose of the STANDARD is to provide for the uniform use and placement 
of these signs and improved pedestrian safety.
    The FHWA received six comments from the NCUTCD, ATSSA, Cities of 
Tucson, Arizona, and Plano, Texas, the Association of Pedestrian and 
Bicycle Professionals, and a traffic engineering consultant in support 
of this new section. One private citizen opposed it, stating that the 
signs are unnecessary because they convey rules of the road, rather 
than site-specific regulations. The Wisconsin DOT and Pierce County, 
Washington, requested clarification of the placement of these signs. In 
response to the comments, the FHWA adds a reference to Section 3B.16 
Stop and Yield Lines to provide additional clarity that the yield line 
is to be placed adjacent to the Yield Here to Pedestrians sign. The 
FHWA adopts this section in this final rule and establishes a phase-in 
target compliance date of 10 years from the effective date of this 
final rule for existing signs in good condition to minimize any impact 
on State or local governments.
    The FHWA received two comments from the Oregon DOT and a traffic 
engineering consultant suggesting that this section be expanded to 
include STOP HERE FOR PEDESTRIAN signs and wording added to allow the 
signs at any marked crosswalk not controlled by a signal, stop sign, or 
yield sign as an option for States or other agencies with statutes that 
require traffic to stop for pedestrians. This goes beyond the scope of 
the NPA, and a future NPA would need to be issued for discussion and 
comment.
    33. The FHWA adds a new section numbered and titled ``Section 2B.12 
In-Street Pedestrian Crossing Signs (R1-6, R1-6a).'' (This section was 
numbered Section 2B.53 in the NPA.) These in-street signs remind road 
users of the laws regarding right-of-way at an unsignalized pedestrian 
crossing. The FHWA includes OPTION, GUIDANCE, and STANDARD statements 
describing the use, design and application of the In-Street Pedestrian 
Crossing (R1-6, R1-6a) signs. These signs are included in the MUTCD in 
order to provide for uniformity of these regulatory messages and for 
improved pedestrian safety. The FHWA received four comments from ATSSA, 
the City of Los Angeles, California, the Association of Pedestrian and 
Bicycle Professionals, and a traffic engineering consultant in 
agreement with the new section as proposed in the NPA. Another five 
commenters representing the Florida and Wisconsin DOTs, the Cities of 
Los Angeles, California, and Tucson, Arizona, and a traffic engineering 
consultant agreed with the sign in general, but suggested wording 
changes, including deleting the reference to State law from the sign. 
Another five commenters representing the NCUTCD and the Kansas, 
Arizona, and Minnesota DOTs opposed the sign and the inclusion of this 
section in the MUTCD. Those opposed listed several reasons, including 
waiting until the results of a related Transportation Cooperative 
Research Program (TCRP)\9\

[[Page 65506]]

study are released, that in-roadway signs should be discouraged for 
safety reasons, and that signs that remind drivers to obey the law are 
unnecessary. The FHWA disagrees with those opposed to this section 
because research, including an experimentation in Redmond, 
Washington,\10\ has found that this sign is effective at communicating 
important information to drivers and provides for uniformity of these 
regulatory messages and for improved pedestrian safety. Also, the TCRP 
research cited by some commenters is only just beginning and its scope 
of work is too broad to adequately address this specific signing issue. 
The use of these signs is optional, and jurisdictions may decide not to 
allow the use of these signs. The FHWA adopts this new section and sign 
in this final rule, and adds a SUPPORT statement that the provisions of 
Section 2A.18 Mounting Height are not applicable to the mounting height 
of the In-Street Pedestrian Crossing Signs.
---------------------------------------------------------------------------

    \9\ ``Improving Pedestrian Safety at Unsignalized Roadway 
Crossings'' is a reach study currently in progress. This is a joint 
effort between the National Cooperative Highway Research Program 
(NCHRP) and the Transportation Cooperative Research Program (TCRP). 
The study is numbered NCHRP Project 3-71 and TCRP D-08. Information 
is available at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://rip.trb.org.
    \10\ A copy of ``City of Redmond In-Street Pedestrian Crossing 
Sign Test'', FHWA Experimentation 2-507(EX), six-month 
report by the City of Redmond, June 30, 2003, is available on the 
docket.
---------------------------------------------------------------------------

    The FHWA also adds a new figure numbered and titled ``Figure 2B-2, 
``Unsignalized Pedestrian Crosswalk Signs'' (numbered Figure 2B-22 in 
the NPA) to illustrate the design of the R1-5, R1-5a, the R1-6, and the 
R1-6a signs.
    The FHWA renumbers the remaining sections in this chapter.
    34. In Section 2B.13 Speed Limit Sign (R2-1), numbered Section 
2B.11 in the NPA, the FHWA modifies the STANDARD statement to reference 
the speed limit signs shown in Figure 2B-1. In the NPA, the FHWA 
proposed a new, unique design for the metric speed limit sign. The sign 
had a red circle around the speed value with a ``km/h'' legend below, 
and the supplemental ``km/h'' plaque removed. The FHWA received eight 
comments from the NCUTCD, ATSSA, and private citizens in general 
support of the new metric speed limit design, and ten comments from the 
Oregon and Minnesota DOTs and private citizens opposed to the sign 
design. Those opposed cited concerns that the red circle is generally 
associated with a prohibitory regulatory message, and that a speed 
limit does not fall into that category of message. In response to the 
comments, the FHWA revises the sign in this final rule to include a 
black circle around the speed value, rather than red. The concept of 
placing a circle around the metric speed limit digits was developed to 
provide a clear and easily noticed distinction between metric and 
English speed limit signs. Because the color red suggests prohibition, 
and green is already used as a permissive message with hazardous 
materials routing signs, the FHWA requires the black colored circle to 
provide distinction for a metric speed limit.
    Based on this new design, the FHWA removes the first SUPPORT 
statement (from the 2000 MUTCD), as it is no longer needed. The new 
design of the metric Speed Limit sign better differentiates a metric 
speed limit sign from an English-unit speed limit sign, and also 
remedies the possible situation where the ``METRIC'' plaque used in the 
old design is damaged or stolen and the sign appears to be an English 
units Speed Limit sign with a higher but erroneous value. Other than 
comments opposed to the change in the metric sign design, there were no 
comments specifically regarding this change, and the FHWA adopts this 
change.
    In the NPA, the FHWA proposed to add a new paragraph to the first 
GUIDANCE statement indicating that non-statutory speed limits be 
reevaluated at least once every five years to determine if any 
adjustments would be appropriate. The FHWA received one comment from a 
private citizen in support of this change, and four comments from the 
NCUTCD, City of Kennewick, Washington; Lake County, Illinois; and 
Pierce County, Washington, opposed to the new paragraph. Those opposed 
cited concerns about the five-year frequency of review, stating that 
there are many roads and streets on which conditions remain stable for 
much longer than five years and that conducting speed limit 
reevaluations every five years on such roads would be a major burden on 
the States and local governments. The FHWA agrees with some of these 
concerns, and therefore the FHWA expands the paragraph to clarify that 
this review should take place on segments of roadways that have 
undergone a significant change in roadway characteristics or 
surrounding land use since the last review.
    In the NPA, the FHWA proposed clarifications to the third paragraph 
of the GUIDANCE statement to differentiate the rounding of a speed 
limit on a sign located on a non-residential street from a sign located 
on a residential street. The FHWA received several comments from the 
NCUTCD, the Wisconsin DOT, and a traffic engineering consultant 
opposing this change, requesting simpler terminology and the ability 
for jurisdictions to round speeds up or down, regardless of street 
classification. A traffic engineering consultant suggested less 
reliance on the 85th percentile speed. Based on these comments, the 
FHWA simplifies the statement to read, ``When a speed limit is to be 
posted, it should be within 10 km/h or 5 mph of the 85th percentile 
speed of free-flowing traffic.''
    The FHWA adds a paragraph to the end of the OPTION statement, which 
states that a changeable message sign that displays to approaching 
drivers the speed at which they are traveling may be installed in 
conjunction with a Speed Limit sign. The FHWA received one comment from 
a traffic control device manufacturer supporting this change. The FHWA 
adopts the change, as proposed in the NPA, in this final rule.
    The FHWA also adds, following the OPTION statement, a GUIDANCE 
statement, which states that if a changeable message sign displaying 
approach speeds is installed, the legend YOUR SPEED XX KM/H (MPH) or 
similar legend should be shown. Changeable message signs displaying the 
actual speeds of approaching drivers have been widely used in many 
jurisdictions over the past decade or more to enhance driver compliance 
with speed limits. However, a variety of colors have been used for the 
display of the numerals of the actual speed. For consistency with Table 
2A-4 and the MUTCD's general principles of sign colors, FHWA adds to 
this GUIDANCE statement that the color should be yellow legend on black 
background or the reverse of these colors. The FHWA establishes a 10-
year phase-in target compliance date from the effective date of this 
final rule for the color of the legend of the changeable message 
portion of the ``YOUR SPEED'' sign, for existing signs in good 
condition, to minimize any impacts on State or local governments.
    35. In Section 2B.15 Night Speed Limit Sign (R2-3) (numbered 
Section 2B.13 in the NPA), while there were no changes proposed in the 
NPA, the FHWA makes editorial changes in this section to be consistent 
with Section 2B.13 Speed Limit Sign. In addition, in response to 
comments received, the FHWA changes the metric version of the Night 
Speed Limit sign in Figure 2B-1 to show a white circle around the 
metric speed digits and include the ``km/h'' message all within one 
panel. This is necessary for consistency with the adopted concept of 
enclosing metric speed limit values in a circle to assure that they are 
easily distinguished from speed limits in English units.
    36. In Section 2B.16 Minimum Speed Limit Sign (R2-4), numbered 
Section 2B.14 in the NPA, the FHWA received

[[Page 65507]]

several comments opposing the design of the metric sign in Figure 2B-3 
(numbered Figure 2B-2 in the NPA). The comments were similar to those 
received on Section 2B.13 Speed Limit Sign (R2-1). (See also the 
discussion of that section above.) Because the color red suggests 
prohibition, and green is already used as a permissive message with 
hazardous materials routing signs, the FHWA requires the black colored 
circle to provide distinction for a metric minimum speed limit.
    37. The FHWA adds a new section numbered and titled ``Section 2B.17 
FINES HIGHER Plaque (R2-6).'' (In the NPA, this new section was 
numbered and titled ``Section 2B.15 Fines Higher Sign (R2-6)''). The 
FHWA agrees with comments from the NCUTCD and a traffic engineering 
consultant suggesting that the term ``sign'' be replaced with 
``plaque''. This new section consists of OPTION, GUIDANCE, and STANDARD 
statements on the uses of the FINES HIGHER plaque to advise road users 
when increased fines are imposed for traffic violations within 
designated roadway segments. The FINES HIGHER plaque should be 
installed below an applicable regulatory or warning sign in a temporary 
traffic control zone, a school zone, or other applicable designated 
zone. The FHWA received one comment from ATSSA specifically in support 
of the new section, and one comment from the Wisconsin DOT opposing it. 
The Wisconsin DOT stated that the sign is not necessary because these 
laws are already State statutes and need not be signed. Because this is 
an OPTION, States can choose not to allow the use of this plaque. Many 
other States are finding that this sign enhances safety in school zones 
and temporary traffic control zones by reminding drivers of a law that 
might not always be prevalent on their minds. It also serves to alert 
drivers from other States about this law, which may not be the same as 
the laws in their home State. The FHWA adopts this new section, with 
minor editorial revisions, and renumbers the remaining sections.
    38. The FHWA removes Section 2B.16 Reduced Speed Ahead Signs (R2-5) 
Series (as numbered and titled in the 2000 MUTCD) because these signs 
are warning signs and appear in Chapter 2C in this final rule. The 
intended message is more properly categorized as a warning message 
rather than a regulatory message.
    See discussion in Section 2C.30 Speed Reduction Signs (W3-5, W3-5a) 
where FHWA adds the newly designated warning signs. That discussion 
applies to this section also. Accordingly, the FHWA adopts the removal 
of former Section 2B.16 as proposed in the NPA. To minimize any impacts 
to State and local governments, in Section 2C.30 the FHWA establishes a 
phase-in target compliance date of 15 years from the effective date of 
this final rule for existing R2-5 signs in good condition to be changed 
to W3-5 or W3-5a signs.
    39. In Section 2B.19 Turn Prohibition Signs (R3-1 through R3-4, and 
R3-18) (numbered and titled ``Section 2B.17 Turn Prohibition Signs (R3-
1 through R3-4)'' in the 2000 MUTCD and in the NPA), the FHWA includes 
a new symbol sign which combines the No Left Turn and the No U-turn 
symbol signs into one symbol sign (R3-18), and adds to the OPTION and 
GUIDANCE statements information on the proper use of the sign. This new 
sign will reduce the sign clutter at an intersection where both 
movements are restricted and make it easier for road users to 
understand the multiple turn restrictions. The FHWA received six 
comments from the NCUTCD, ATSSA, Caltrans and the Cities of Tucson, 
Arizona; and Plano, Texas, supporting this new sign. The Virginia DOT 
opposed this change due to the fact that Virginia State law already 
prohibits U-turns when a No Left Turn sign is present. Because not all 
States have this law, the FHWA believes that this sign should be 
available for use by States at those locations where both U-turns and 
left turns are prohibited. The FHWA adopts the OPTION and GUIDANCE 
statements in this final rule. Because it is an OPTION, States are not 
obligated to use the new sign.
    40. In Section 2B.21 Mandatory Movement Lane Control Signs (R3-5, 
R3-5a, and R3-7) (numbered Section 2B.19 in the NPA), the FHWA revises 
the GUIDANCE statement to clarify that the lane control pavement 
markings mentioned are lane-use arrow markings. The FHWA received one 
comment from the City of Tucson, Arizona, in support of this change, 
and the FHWA adopts this change.
    41. In Section 2B.25, Reversible Lane Control Signs (R3-9d, R3-9f 
through R3-9i) (numbered and titled, ``Section 2B.23 Reversible Lane 
Control Signs (R3-9c through R3-9i)'' in the 2000 MUTCD), the FHWA 
removes the R3-9c and R3-9e signs and all of their references in the 
section. Using just the R3-9d sign will improve uniformity and maintain 
consistency with the red X symbol used in reversible lane signal 
systems. The DO NOT ENTER symbol is intended to be used to prohibit 
entry into a roadway or ramp, and using this symbol to prohibit use of 
a single lane of a roadway that is otherwise available for travel is 
inconsistent and degrades the meaning of the symbol. The FHWA also 
revises the first STANDARD statement to clarify that the barriers 
mentioned are physical barriers.
    Additionally, the FHWA modifies item B of the second OPTION 
statement to read, ``An engineering study indicates that the use of the 
Reversible Lane Control signs alone would result in an acceptable level 
of safety and efficiency.'' This is to clarify that an engineering 
study needs to evaluate whether safety and efficiency will be 
maintained with signs alone.
    The FHWA received four comments from the NCUTCD and the City of 
Tucson, Arizona, in support of these changes, and the FHWA adopts the 
changes.
    The FHWA establishes a phase-in target compliance date of 10 years 
from the effective date of this final rule for existing signs in good 
condition to minimize any impact on State or local governments.
    42. In Section 2B.26 Preferential Only Lane Signs (R3-10 through 
R3-15) (numbered and titled Section 2B.48 Preferential Lane Signs (R3-
10 through R3-17) in the NPA), the FHWA changes several GUIDANCE 
statements to STANDARD statements to be consistent with requirements of 
STANDARDS in other sections of the MUTCD and to ensure that these 
critical signs are properly designed and applied to enhance safety and 
reduce road user confusion. The FHWA also includes cross-references to 
other sections, as appropriate. Additionally, the FHWA revises 
information for the R3-10 through R3-14 signs in Table 2B-1 in this 
final rule. The FHWA also revises Figure 2B-7 (numbered Figure 2B-21 in 
the NPA) to correct errors and illustrate examples of signs consistent 
with the text in this final rule. All of these changes respond to 
comments received from Caltrans, the Florida and Minnesota DOTs, 
traffic engineering consultants, and private citizens requesting 
clarity, and they provide consistency with other areas of the MUTCD.
    In the NPA, the FHWA proposed modifying the first paragraph of the 
third GUIDANCE statement regarding types of preferential lane signs for 
which the diamond symbol should not be used (because the diamond symbol 
is intended to be used only to denote HOV lanes). The restriction of 
using the diamond symbol only for HOV lanes is now included in a 
STANDARD statement in Section 2B.27 Preferential Only Lanes for High-
Occupancy Vehicles (HOVs) (numbered 2B.49 in the NPA), and is cross-
referenced in

[[Page 65508]]

Section 2B.26 Preferential Only Lane Signs (R3-10 through R3-15). As a 
result, the FHWA is not making the change to the first paragraph of the 
third GUIDANCE statement that was proposed in the NPA.
    The FHWA changes the last paragraph of the third GUIDANCE statement 
(of the 2000 MUTCD) to a fifth STANDARD statement (second in the NPA) 
to be consistent with requirements in Section 2A.07 Changeable Message 
Signs. These requirements indicate that changeable message signs 
serving as HOV signs shall be the required sign size and shall display 
the required letter height and legend format that corresponds to the 
type of facility and design speed. This change from a recommended 
practice to a required practice is made to preclude the use of 
insufficiently sized or designed changeable message signs to display 
these important regulatory messages for HOV lane use. The FHWA received 
one comment from the NCUTCD in support of this change, and one comment 
from Caltrans suggesting further clarification. To respond to the 
comments, the FHWA inserts an OPTION statement prior to the STANDARD, 
indicating appropriate uses of changeable message signs, and the FHWA 
includes editorial modifications to the STANDARD.
    Additionally, the FHWA adds a new GUIDANCE statement at the end of 
the section stating that the Inherently Low Emission Vehicle (ILEV) 
(R3-10b) sign should be used when it is permissible for a properly 
labeled and certified ILEV, regardless of the number of occupants, to 
operate in the HOV lanes and that, when used, the ILEV signs should be 
ground mounted in advance of the HOV lanes and at intervals along the 
HOV lanes based upon engineering judgment. A uniform sign design and 
application is needed to enhance driver understanding and compliance 
regarding ILEV use of HOV lanes and also to correspond to changes in 
Section 2B.27 Preferential Only Lanes for High Occupancy Vehicles 
(HOVs). The FHWA received one comment from ATSSA in support of this new 
statement, and two comments from Caltrans and the Minnesota DOT opposed 
to it. The opposing commenters suggested that there are different types 
of ILEV vehicles, and that the text needed to be clarified. To respond 
to those comments, the FHWA adds a SUPPORT statement, following the 
GUIDANCE, that explains what an ILEV is, similar to the definition in 
Section 1A.13, and also providing citations of applicable sections of 
the Code of Federal Regulations (CFR). The R3-10b sign is recommended 
for use when a State or local jurisdiction permits ILEVs to use a 
particular HOV lane facility.
    The FHWA establishes a 10-year phase-in target compliance date from 
the effective date of this final rule for signs in good condition to 
comply with the new requirements of Section 2B.26 Preferential Only 
Lane Signs (R3-10 through R3-15), to minimize any impact on State or 
local governments.
    43. In Section 2B.27 Preferential Only Lanes for High-Occupancy 
Vehicles (numbered and titled Section 2B.49 High Occupancy Vehicle 
(HOV) Lanes in the NPA), the FHWA adds a second paragraph to the first 
STANDARD statement that the requirements for a minimum number of 
occupants in a vehicle to use an HOV lane shall be in effect for most, 
or all, of at least one of the usual times during the day when the 
demand to travel is greatest (such as morning or afternoon peak travel 
periods) and the traffic congestion problems on the roadway and 
adjoining transportation corridor are at their worst. The FHWA also 
adds in the last paragraph the requirement of a Federal review (as 
outlined in Section 2 of the Federal-aid Highway Program Guidance on 
HOV Lanes \11\) prior to initiating a proposed project (including a 
proposed test or demonstration project) that seeks to significantly 
change the operation of the HOV lanes for any length of time. The FHWA 
received two comments from the NCUTCD and the City of Tucson, Arizona, 
in general support of the changes to this section, and one comment from 
Caltrans opposed to the specific change regarding Federal review of a 
proposed test or demonstration project. Caltrans felt that FHWA review 
is not currently required. However, the Federal review is required 
because of provisions in Titles 23 and 49 of the United States Code as 
well as a variety of commitments, agreements, transportation planning 
requirements, and transportation conformity requirements under the 
Clean Air Act. The FHWA responds by providing an additional reference 
to the Federal-Aid Highway Program Guidance on HOV Lanes, which gives 
very detailed information about the basis of the review and factors 
considered.
---------------------------------------------------------------------------

    \11\ The ``Federal-Aid Highway Program Guidance on High 
Occupancy Vehicle (HOV) Lanes'' dated March 28, 2001, is available 
at the following URL: http://www.fhwa.dot.gov/operations/hovguide01.htm
.
---------------------------------------------------------------------------

    In the NPA, the FHWA proposed to modify the first STANDARD 
statement to allow motorcycles to use HOV lanes that received Federal-
aid program funding. The FHWA also proposed to require agencies to 
allow a vehicle with less than the required number of occupants to 
operate in the HOV lanes if:
    A. The vehicle is properly labeled and certified as an ILEV and the 
lane is not a bus-only HOV lane; or
    B. The HOV lanes are part of a project that is participating in the 
FHWA Value Pricing Pilot Program.\12\
---------------------------------------------------------------------------

    \12\ The Value Pricing Pilot Program is an experimental program 
to learn the potential of different value pricing approaches for 
reducing congestion authorized by Section 1216(a) of the 
Transportation Equity Act for the 21st Century (TEA-21). Information 
is available at the following URL: http://www.fhwa.dot.gov/policy/vppp.htm
.
---------------------------------------------------------------------------

    The FHWA adopts this requirement as it pertains to motorcycles 
because, under the provisions of 23 U.S.C. 102(a)(1), motorcycles are 
specifically identified as not a single-occupant vehicle. However, the 
FHWA recognizes that the provisions of 23 U.S.C. 102(a)(2) and 
Environmental Protection Agency (EPA) regulations in 40 CFR section 
88.313-93 permit, but do not require, States to allow ILEVs to use HOV 
lanes. Further, the FHWA recognizes that the applicable provisions of 
the Transportation Equity Act for the 21st Century (TEA-21) permit, but 
do not require, States to allow vehicles with fewer than two occupants 
to operate in HOV lanes if the vehicles are part of a value pricing 
program. Therefore, the FHWA revises the paragraph in Section 2B.27 
about these uses of HOV lanes to OPTION statements rather than STANDARD 
statements.
    The FHWA also revises the first SUPPORT statement to clarify the 
examples of significant operational changes to HOV lanes. While most of 
this information was included in the NPA (and the 2000 MUTCD), the FHWA 
provides examples in the form of individual items in this final rule 
for clarity. The FHWA adds implementing a pricing option to an existing 
HOV lane, such as High Occupancy Toll (HOT) lane or toll lane to the 
list of example items to reflect current practice.
    The FHWA modifies this section to add a SUPPORT statement at the 
end of the section. The SUPPORT statement states that the Inherently 
Low Emissions Vehicle (ILEV) program requirements, certification 
program, and other regulatory provisions are developed and administered 
through the U.S. Environmental Protection Administration (EPA). The 
U.S. EPA is the only entity with the authority to certify ILEVs. 
Vehicle manufacturers must request the U.S. EPA to grant an ILEV 
certification for any vehicle to be considered and labeled as meeting 
these standards. According to the U.S. EPA,

[[Page 65509]]

1996 was the first year that they certified any ILEVs. The U.S. EPA 
regulations specify that ILEVs must meet the emission standards 
specified in 40 CFR 88.311-93 and their labeling must be in accordance 
with 40 CFR 88.311-93(c).
    The changes in Section 2B.27 are also necessary to assure 
consistency with the FHWA requirements to comply with the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) process.
    44. In Section 2B.28 Preferential Only Lane Sign Applications and 
Placement (numbered Section 2B.50 High-Occupancy Vehicle Sign 
Application and Placement in the NPA), in the NPA the FHWA proposed 
adding a SUPPORT statement after the GUIDANCE statement, to state that 
Figures 2E-44 through 2E-show application and placement examples of HOV 
signing for entrances to barrier-separated HOV lanes and direct 
entrances to and exits from HOV lanes. The FHWA received four comments 
regarding the proposed changes to this section. The NCUTCD and the City 
of Tucson, Arizona, supported the changes, the Connecticut DOT 
suggested an editorial change to clarify the new figure, and Caltrans 
opposed the number of signs required for concurrent-flow HOV lanes. The 
FHWA revises the number of signs required for concurrent-flow HOV lanes 
to be more consistent with the practice of some leading States with HOV 
lanes. Also, the FHWA makes editorial revisions to and reorganizes the 
section to add clarity to differentiate between specific situations of 
barrier-separated, buffer-separated, concurrent flow, and direct access 
ramps as they relate to Preferential Only Lane signing, to address 
comments on this and other related sections from agencies that operate 
HOV facilities, suggesting that the many provisions of this section 
were not consistent with other provisions of the MUTCD and the section 
needed clarification and consistency.
    The FHWA establishes a 10-year phase-in target compliance date from 
the effective date of this final rule for existing signs in good 
condition to minimize any impact on State or local governments.
    45. In Section 2B.33 Keep Right and Keep Left Signs (R4-7, R4-8) 
(numbered Section 2B.28 in the NPA), the FHWA adds to the first OPTION 
statement that the Keep Left (R4-8) sign may be used at locations where 
it is necessary for traffic to pass only to the left of a roadway 
feature or obstruction.
    The FHWA adds to the GUIDANCE statement to clarify that the Keep 
Right sign should be mounted on the face of, or just in front of, a 
pier or other obstruction separating opposite directions of traffic in 
the center of the highway such that traffic will have to pass to the 
right of the sign.
    Additionally, the FHWA adds a new STANDARD statement following the 
GUIDANCE statement indicating that the Keep Right sign shall not be 
installed on the right side of the roadway in a position where traffic 
must pass to the left of the sign.
    The changes in this section clarify the proper uses of Keep Right 
and Keep Left signs. The FHWA received two comments from the NCUTCD and 
the City of Tucson, Arizona, in general support of the changes to this 
section, and adopts these changes.
    46. In Section 2B.34 DO NOT ENTER Sign (R5-1) (numbered Section 
2B.29 in the NPA), the FHWA modifies the GUIDANCE statement with 
respect to the placement of the DO NOT ENTER sign. The GUIDANCE states 
that, if used, the DO NOT ENTER sign should be placed directly in view 
of the road user at the point where a road user could wrongly enter a 
divided highway, one-way roadway, or ramp, and includes a reference to 
Figure 2B-10 (numbered Figure 2B-8 in the NPA). The FHWA received one 
comment from the City of Tucson, Arizona, supporting the overall 
changes to this section, and the FHWA adopts these changes.
    Additionally, the FHWA renumbers and retitles Figure 2B-2 (as 
numbered in the 2000 MUTCD) from ``Typical Wrong-Way Signing for a 
Divided Highway'' to ``Figure 2B-10 Example of Wrong-Way Signing for a 
Divided Highway with a Median Width of 9 m (30 ft) or Greater'' 
(numbered Figure 2B-8 in the NPA). The FHWA received two comments from 
private citizens in general support of the changes to this figure, and 
the FHWA adopts the changes.
    47. In Section 2B.36 Selective Exclusion Signs (numbered Section 
2B.31 in the NPA), the FHWA changes item H in the SUPPORT statement 
from ``Hazardous Cargo'' to ``Hazardous Material'' to reflect the 
changes in Section 2B.52 Hazardous Material Signs (R14-2, R14-3). The 
FHWA received two comments from ATSSA and the City of Tucson, Arizona, 
in support of this change, and adopts this change. The FHWA received 
additional editorial comments to provide consistency with other areas 
of the MUTCD, and the FHWA incorporates the comments in this final 
rule.
    48. In Section 2B.37 ONE WAY Signs (R6-1, R6-2) (numbered Section 
2B.32 in the NPA), the FHWA relocates four figures from Section 2A.16 
to this section. The FHWA renumbers and retitles Figures 2A-5 and 2A-6 
to ``Figure 2B-12. Examples of Locations of ONE WAY Signs (Sheet 1 of 
2, Sheet 2 of 2)'' (numbered Figures 2B-10 and 2B-11 in the NPA); 
Figure 2A-4 to ``Figure 2B-13. Examples of ONE WAY Signing for Divided 
Highways with Medians 9 m (30 ft) or Greater'' (numbered Figure 2B-12 
in the NPA); and Figure 2A-3 to ``Figure 2B-14. Examples of ONE WAY 
Signing for Divided Highways with Medians Less Than 9 m (30 ft) '' 
(numbered Figure 2B-13 in the NPA). The FHWA also adds a new figure, 
``Figure 2B-15. Examples of ONE WAY Signing for Divided Highways with 
Medians Less Than 9 m (30 ft) and Separated Left-Turn Lanes'' (numbered 
Figure 2B-14 in the NPA). These figures are most directly associated 
with ONE WAY signs and are most appropriately located in this section, 
which contains the text about ONE WAY signs. The FHWA received a few 
editorial comments regarding these figures, and incorporates those 
changes as appropriate in this final rule.
    Additionally, the FHWA revises the depiction of the optional Keep 
Right signs on the medians in Figures 2B-14 and 2B-15 to show them at a 
45 degree angle facing the road users on the cross street, to make it 
easier for drivers to determine the location of the median nose and to 
enter the proper roadway of a divided highway. The FHWA received three 
comments from ATSSA and private citizens in support of these changes. 
The FHWA adopts the changes to these figures.
    49. In Section 2B.40 Design of Parking, Standing, and Stopping 
Signs (numbered Section 2B.35 in the NPA), the FHWA adds to the 
GUIDANCE statement that where special parking restrictions are imposed 
during heavy snowfall, Snow Emergency signs should be installed and 
that the legend will vary according to the regulations, but the signs 
should be vertical rectangles, having a white background with the upper 
part of the plate a red background. Signs of this type are used by many 
jurisdictions. The FHWA received two comments from the NCUTCD and the 
City of Tucson, Arizona, in support of this change, and adopts this 
change. In addition, the FHWA adds a paragraph at the end of the 
GUIDANCE statement regarding the use of the VAN ACCESSIBLE (R7-8a) 
plaque. A final rule adding this information to the 1988 edition of the 
MUTCD was adopted in 1998, however this was inadvertently left out of 
the 2000 MUTCD.
    50. In Section 2B.44 Pedestrian Crossing Signs (R9-2, R9-3) 
(numbered Section 2B.39 in the NPA), the FHWA

[[Page 65510]]

modifies the second OPTION statement by changing ``PEDESTRIANS 
PROHIBITED'' to ``NO PEDESTRIAN CROSSING'' as the proper word message 
sign to be used as an alternate to the No Pedestrian Crossing (R9-3a) 
symbol sign. ``NO PEDESTRIAN CROSSING'' is the intended meaning of the 
symbol and more clearly describes the actual restriction of pedestrian 
movement. The FHWA received comments from the Association of Pedestrian 
and Bicycle Professionals and the City of Tucson, Arizona, specifically 
in support of this change, and adopts this change.
    The FHWA also received comments from the Florida DOT and the City 
of Tucson, Arizona, suggesting that the section does not mention 
signalized crossings. These comments are outside the scope of this 
rulemaking and would need to be addressed in a future rulemaking.
    51. In Section 2B.45 Traffic Signal Signs (R10-1 through R10-21) 
(numbered and titled ``Section 2B.40 Traffic Signal Signs (R10-1 
through R10-13)'' in the 2000 MUTCD), the FHWA revises the title to 
reflect additional traffic signal signs. These signs are shown in 
Figures 2B-18 and 2B-19.
    The FHWA adds to the second OPTION statement that the R10-3d sign 
may be used if the pedestrian clearance time is sufficient only for the 
pedestrian to cross to the median. This sign is similar to the existing 
R10-3b sign except that next to the WALK symbol is the message ``START 
CROSSING TO MEDIAN WATCH FOR VEHICLES.'' The FHWA also modifies Figure 
2B-18 (numbered Figure 2B-17 in the NPA) to add illustrations of the 
R10-3d sign and the R10-3e sign. The R10-3e sign is a variant 
incorporating ``time remaining to finish crossing'' and is consistent 
with countdown pedestrian signals as adopted in Part 4. The FHWA 
received one comment from the City of Tucson, Arizona, in support of 
this change and one question from the U.S. Access Board regarding how 
this information would be given in audible and vibrotactile formats. 
The Access Board stated that, if accessible signals are used at an 
intersection where pedestrians should cross only to a median and then 
wait until a different phase to complete their crossing, it would be 
important for the accessible devices to communicate this fact to the 
pedestrian with visual disabilities. This comment actually pertains to 
Chapter 4E Pedestrian Signals, and it goes beyond the scope of this 
rulemaking and would need to be addressed in a future rulemaking. The 
FHWA adopts the change, as proposed in the NPA, in this final rule.
    Additionally, the FHWA revises and relocates the third OPTION 
statement (from the 2000 MUTCD) to follow the second STANDARD statement 
to indicate that a symbolic NO TURN ON RED (R10-11) sign may be used as 
an alternate to the R10-11a and R10-11b signs. The symbolic sign has a 
symbolic red ball rather than using the ``No Right Turn'' symbol, to 
avoid confusion with the R3-1 (No Right Turn) sign.
    In Figure 2B-19 Traffic Signal Signs (numbered Figure 2B-18 in the 
NPA), the FHWA received several comments regarding the illustration of 
``No Right Turn on Red'' signs. ATSSA and a traffic engineering 
consultant agreed with the return of the R10-11 sign and the removal of 
the R10-11c and R10-11d signs. The Cities of Plano, Texas, and Los 
Angeles, California, and some private citizens were opposed to the 
removal of the R10-11c and R10-11d signs, stating that the use of 
symbol signs should be encouraged over word signs. The FHWA disagrees 
with the opposing commenters because the use of the No Right Turn 
symbol sign should be reserved for actual prohibition of all right turn 
movements at an intersection to have the appropriate impact on safety. 
Extensive use of a No Right Turn on Red sign featuring the No Right 
Turn symbol would degrade the influence of the R3-1 sign. The City of 
Los Angeles and a private citizen suggested different designs for the 
sign. The FHWA disagrees with these different designs because they are 
too complex. The FHWA adopts the R10-11 sign with a red ball symbol 
included on the bottom line of the sign. The FHWA also revises the sign 
number for R10-20b to be R10-20a, and places the word ``or'' between 
the two R10-20a signs to clarify that the signs illustrate two examples 
of different word messages that can be used to provide times and days.
    Additionally, the FHWA adds to the second GUIDANCE statement to 
indicate that where turns on red after the driver stops are permitted 
and the turn signal indication is a RED ARROW, the RIGHT (LEFT) ON RED 
ARROW AFTER STOP (R10-17a) sign should be installed adjacent to the RED 
ARROW signal indication to conform to the ``Uniform Vehicle Code and 
Model Traffic Ordinance'' (UVC) as revised. The revised UVC prohibits 
turns on a RED ARROW after stopping unless a sign specifically allowing 
the turn is in place. The FHWA received one comment from ATSSA in 
support of this change, and three comments from the NCUTCD, Caltrans 
and the City of Kennewick, Washington, opposing it. Kennewick, 
Washington, opposed this new sign, because the State of Washington 
allows the turn on red arrow after stop in certain instances, unless 
otherwise prohibited by signs. The FHWA is in favor of maintaining 
consistency with the majority of the other States who already have laws 
that agree with this meaning of the red arrow.
    The NCUTCD opposed this new paragraph as well as the signs, stating 
that it is ``inappropriate.'' Without additional explanation, the FHWA 
cannot respond to this comment.
    Caltrans opposed the new sign suggesting that where turns on red 
are permitted after stopping and the signal indication is a RED ARROW, 
that changing the signal indication from a RED ARROW to a Red Ball 
would be more appropriate than fixing the situation with a sign. The 
FHWA agrees that while there may not be many places where the R10-17a 
sign is needed, there are intersections with unusual geometrics or 
special lane use control for which an all-arrow right-turn signal head 
makes sense and from which there is no reason that turns on red should 
be prohibited. It is primarily for these situations that the R10-17a 
sign should be used. The FHWA adopts use of this sign in this final 
rule, with minor modifications.
    Additionally, the FHWA relocates the last item in the second 
GUIDANCE statement to the first paragraph under the third OPTION 
statement (new fourth OPTION statement) and changes it to read that 
when right turn on red after stop is permitted and pedestrian 
crosswalks are marked, the TURNING TRAFFIC MUST YIELD TO PEDESTRIANS 
(R10-15) sign may be used. This change is necessary to prevent 
potential overuse and a reduced effectiveness of the sign. The FHWA 
received two comments from ATSSA and a traffic engineering consultant 
in support of this change. The U.S. Access Board opposed, stating that 
the use of the sign should not be restricted to just marked crosswalks. 
The traffic engineering consultant who supported the change also 
suggested that the sign would also be useful during the green interval 
to remind drivers to yield to pedestrians who are crossing during the 
concurrent WALK interval. The FHWA agrees and adds a paragraph to the 
OPTION stating that a TURNING TRAFFIC MUST YIELD TO PEDESTRIANS sign 
may be used to remind drivers who are making turns to yield to 
pedestrians, especially at intersections where crosswalks are

[[Page 65511]]

marked and right turn on red is permitted.
    In the NPA, the FHWA proposed to add a paragraph to the OPTION 
statement allowing the use of supplemental plaques showing times of day 
or with the legend WHEN PEDESTRIANS ARE PRESENT below a NO TURN ON RED 
sign, to allow the flexibility to restrict turns on red only during 
certain times or when a pedestrian conflict is present. The traffic 
engineering consultant also supported the use of both of the suggested 
plaques. The Insurance Institute for Highway Safety presented results 
from recent field research indicating that time-of-day restrictions are 
effective in reducing right turn on red related safety threats to 
pedestrians but the WHEN PEDESTRIANS ARE PRESENT plaque is not because 
its vague message makes enforcement difficult.\13\ Based on this 
research, the FHWA revises the text to deletes the WHEN PEDESTRIANS ARE 
PRESENT plaque. Because it is a word message, State and local highway 
agencies may still use the WHEN PEDESTRIANS ARE PRESENT plaque 
prohibiting right turns on red when pedestrians are present if their 
laws so dictate, but they are not encouraged to do so because research 
has shown these plaques are ineffective. Finally, to respond to a 
comment from a traffic engineering consultant, the FHWA moves the last 
paragraph of this OPTION statement regarding the use of Traffic Signal 
Speed signs to the end of the second OPTION statement because this 
paragraph relates more to the information provided in the second 
OPTION.
---------------------------------------------------------------------------

    \13\ ``Field Evaluation of Two Methods for Restricting Right 
Turn on Red to Promote Pedestrian Safety,'' by Retting, Nitzburg, 
Farmer, and Knoblauch, for the Insurance Institute for Highway 
Safety, was published in the January 2002 issue of the ``ITE 
Journal,'' a publication of the Institute of Transportation 
Engineers (ITE). Information on obtaining a copy of this publication 
is available from ITE at the following URL: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ite.org.
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