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PA Bulletin, Doc. No. 96-1027

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[26 Pa.B. 2958]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, June 6, 1996, and took the following actions:

Regulations Approved:

   Department of Transportation #18-339: Work Zone Traffic Control (amends 67 Pa. Code Chapter 203)

Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Arthur Coccodrilli; John F. Mizner; Irvin G. Zimmerman

Public meeting held
June 6, 1996

Department of Transportation--Work Zone Traffic Control; Doc. No. 18-339

Order

   On May 7, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking would amend 67 Pa. Code Chapter 203 relating to Work Zone Traffic Control and, specifically, section 203.83 relating to arrow panels. The statutory authority for this rulemaking is found in sections 6103, 6109(a)(15), 6121 and 6123 of the Motor Vehicle Code (Vehicle Code) (75 Pa.C.S. §§ 6103, 6109(a)(15), 6121 and 6123). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This rulemaking would conform the Department's system of traffic control devices used in road work zones more closely to the National standard for traffic control devices on all highways open to public travel. That standard is set in the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as approved by the Federal Highway Administration (FHWA). Section 6121 of the Vehicle Code, relating to uniform system of traffic control devices, requires the Department to devise a uniform system of traffic control devices which conform, as nearly as possible, to Federal standards.

   The MUTCD standard was amended by the FHWA on April 11, 1995 (at 60 Federal Register 18520) to, inter alia, allow an additional ''caution'' signal to be used on arrow panels located at road work sites. It would allow four or more flashing horizontal lights, arranged in a straight line or ''bar'' across the center of an arrow panel, with no illumination of the accompanying right and left directional arrows. Under the current regulation, the only permissible ''caution'' signal consists of four illuminated lamps arranged in a rectangular pattern that do not indicate a direction of travel (commonly known as ''four-corners'').

   The Department seeks approval of this rulemaking as soon as possible to conform to the MUTCD standard, especially to assure continuation of funding for Federally-aided highway construction projects. As a consequence, the Department has omitted Notice of Proposed Rulemaking under section 204 of the Commonwealth Documents Law (45 P. S. § 1204(3)) because it states that the proposed rulemaking procedures are, in the circumstances, impractical, unnecessary, and contrary to the public interest.

   The FHWA amended the MUTCD standard to include the ''bar'' caution mode after it was discovered that arrow display panels currently in use could not easily be converted to the four-corners lamp display pattern; converting the programming electronics for each panel would cost about $850. The FHWA announced that permitting only the use of the four-corners display would cause an undue financial hardship on many public agencies. Following the FHWA action, the Department has determined that the time and expense of converting arrow panels to the four-corners pattern, or purchasing new panels with this capability, cannot be justified and the regulation should be amended to include a provision for the ''bar'' caution mode.

   This rulemaking will affect the Department, its officials and employes, other Commonwealth agencies which hire or affect the hiring of private contractors to perform work on public roadways, local governments, utility companies, private contractors that perform work for the Commonwealth and its political subdivisions, and companies that manufacture or repair the arrow panels used at road work sites in the Commonwealth.

   We have reviewed this regulation and find it to be in the public interest. It will allow the use of an additional ''caution'' mode symbol, consistent with the Federal MUTCD standard, to be displayed as a warning to motorists approaching road work sites. Its implementation will also enable the Department to meet its statutory obligations under section 6121 of the Vehicle Code.

   We also urge the Department, however, to institute a campaign to educate the motoring public to readily associate the flashing horizontal bar and four-corners symbols with ''caution.'' We make this recommendation because we were surprised to discover that none of the representatives of the various entities we contacted about this amendment knew that flashing ''bar'' and ''four-corners'' light configurations are intended to denote ''caution'' to approaching motorists. Consequently, ignorance and confusion about the meaing of ''bar'' and ''four-corners'' light configurations will be counterproductive to the Department's efforts in making this regulatory change.

   We suggest that one way to educate the public would be to utilize larger, computerized message display panels to display the word ''caution'' in combination with the ''bar'' or ''four-corners'' light configurations. This will help the greatest number of motorists associate ''caution'' with these symbols in other road work situations where the symbols appear alone. Other important educational steps the Department can take include: updating the driver's manual; highlighting these ''caution'' mode symbols in the curriculum for driver's education; updating brochures dealing with how to drive safely in or near road work projects; adding the ''caution'' symbols to placements in restaurants along the turnpike and interstate highways; and explaining what these symbols mean in the publication of this rulemaking in the Pennsylvania Bulletin.

Therefore, It Is Ordered That:

   1.  Regulation No. 18-339 from the Department of Transportation, as submitted to the Commission on May 7, 1996, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 96-1027. Filed for public inspection June 21, 1996, 9:00 a.m.]


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