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DOT/FHWA RIN: 2125-AF85 Publication ID: Fall 2021 
Title: +Manual on Uniform Traffic Control Devices for Streets and Highways 
Abstract:

This rulemaking would update the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) incorporated by reference at 23 CFR part 655. The new edition would update the technical provisions of the 2009 edition to reflect advances in technologies and operational practices that are not currently allowed in the MUTCD.

 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 23 CFR 655   
Legal Authority: 23 USC 101(a), 104, 109(d), 114(a), 217, 315, and 402(a)   
Legal Deadline:  None

Statement of Need:

Updates to the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) are needed to update the technical provisions to reflect advances in technologies and operational practices, incorporate recent trends and innovations, and set the stage for automated driving systems as those continue to take shape. The proposed changes to the MUTCD would promote uniformity and incorporate technology advances in the traffic control device application. They ultimately would improve and encourage the safe and efficient utilization of roads that are open to public travel.

Summary of the Legal Basis:

FHWA proposed this rule under 23 U.S.C. 109(d), 315, and 402(a), which give the Secretary of Transportation the authority to promulgate uniform provisions to promote the safe and efficient utilization of the highways. The Secretary has delegated this authority to FHWA under 49 CFR 1.85.

Alternatives:

FHWA continues to consider all available alternatives in this rulemaking as the Agency considers public comments received on the Notice of Proposed Amendments (NPA) to inform a final rule.

Anticipated Costs and Benefits:

FHWA estimated the costs and potential benefits of the proposed changes to the MUTCD in an economic analysis. FHWA analyzed the expected compliance costs associated with 132 proposed substantive revisions. As summarized in the NPA, FHWA found that 8 of those substantive revisions have quantifiable economic impacts. FHWA quantified the total estimated cost of 3 substantive revisions for which costs can be quantified as $541,978 when discounted at 7 percent and $589,667 when discounted at 3 percent, measured in 2018 dollars. FHWA lacked information to estimate the cost of 5 substantive revisions but expects they will have net benefits based on per-unit or per-mile costs and benefits of the proposed revisions. FHWA will update the economic analysis to reflect the final rule, to be designated as the 11th edition of the MUTCD.

Risks:

FHWA is continuing to consider potential risks as the Agency considers public comments received on the NPA to inform a final rule.

Timetable:
Action Date FR Cite
NPRM  12/14/2020  85 FR 80898   
Publication Date for Extension of Comment Period  02/02/2021 
NPRM Comment Period End  05/14/2021 
Final Rule  09/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Kevin Sylvester
Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-2161
Email: kevin.sylvester@dot.gov