Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2.
ENVIRONMENTAL POLICY
Subchapter C. ENVIRONMENTAL REVIEW AND PUBLIC INVOLVEMENT FOR TRANSPORTATION PROJECTS
43 TAC §§2.40, 2.41, 2.43
The Texas Department of Transportation (department) adopts
amendments to §§2.40, 2.41, and 2.43, concerning environmental review
and public involvement for transportation projects. Sections 2.40, 2.41, and
2.43 are adopted without changes to the proposed text as published in the
October 11, 2002, issue of the
Texas Register
(27
TexReg 9552) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, §201.604, provides that the Texas Transportation
Commission (commission) shall prescribe rules providing for the environmental
review of transportation projects that are not governed by the National Environmental
Policy Act, 42 USC §4321 et seq. The commission has therefore previously
adopted §§2.40-2.51 to specify the process for environmental review
of transportation projects.
Sections 2.40, 2.41, and 2.43 are amended to provide that this subchapter
also applies to the environmental review of turnpike projects. Transportation
Code, §361.103, requires the Texas Turnpike Authority Division (TTA)
of the department to provide by rule for the environmental review of turnpike
projects. Senate Bill 342, 77th Legislature, 2001, abolished the Board of
Directors (board) of TTA. This abolishment allows for the more complete consolidation
of TTA with the department. The board had previously adopted rules governing
the award of contracts for the construction and maintenance of turnpike projects
(Chapter 52, Subchapter A). The Chapter 52 rules are similar to the department's
rules. By separate rulemaking action, the department is adopting the repeal
of the TTA Chapter 52 rules.
Section 2.40 is amended to update the citation to the commission's authority
to prescribe rules for non-tolled highway improvement projects and to add
a citation to the commission's authority to prescribe rules for tolled highway
improvement projects.
Section 2.41(11) is amended to add TTA to the definition of a district.
This will place tolled state highway improvement projects on the same footing
as non-tolled state highway improvement projects.
Section 2.41(17) is amended to update the citation to the commission's
general authority to undertake highway construction projects for non-tolled
highways and to add a citation to the commission's authority to undertake
highway construction projects for tolled highways.
Section 2.43(c)(3) is amended to add subparagraphs (K) and (L) to the list
of actions that are considered to be eligible from categorical exclusions
in most instances. These items were previously incorporated in §52.5(c)
as paragraphs (8) and (9). Their inclusion in Chapter 2 will ensure that turnpike
projects continue to be evaluated in the same way as they have been evaluated
previously.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and Transportation Code, §361.042, which
requires the commission to adopt rules for the regulation of its affairs and
the conduct of its business under Transportation Code, Chapter 361.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208432
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: January 9, 2003
Proposal publication date: October 11, 2002
For further information, please call: (512) 463-8630
Subchapter C. CONTRACTING FOR ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES
43 TAC §§9.30, 9.31, 9.33, 9.34, 9.37 - 9.39, 9.41, 9.43
The Texas Department of Transportation (department) adopts
amendments to §§9.30, 9.31, 9.33, 9.34, 9.37-9.39, 9.41, and 9.43,
concerning contracting for architectural, engineering, and surveying services.
The sections are adopted without changes to the proposed text as published
in the October 11, 2002, issue of the
Texas Register
(27 TexReg 9554) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the department.
Senate Bill 342 further provided that rules of the board would continue in
effect as rules of the Texas Transportation Commission (commission).
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The board was responsible for
promulgating rules governing the operations of TTA, codified in Title 43,
Part 2 (Chapters 50-54). With the abolition of the board, the commission is
responsible for promulgating rules governing TTA operations.
The board previously adopted §§53.20-53.30, prescribing the policies
and procedures governing TTA contracting for architectural and engineering
services. With the abolition of the board, these rules are no longer needed
because the department has rules, found at §§9.30-9.43, that govern
department contracting for architectural, engineering, and surveying services.
The Chapter 9 rules and the Chapter 53 rules are similar in most respects.
Section 9.30 is amended to provide that §§9.30-9.43 apply to contracts
for architectural, engineering, and surveying services related to TTA turnpike
projects. Additional amendments have also been made to apply specific rule
provisions to TTA turnpike projects. By separate action, §§53.20-53.30
are being repealed.
The amendments are also needed to streamline procedures for selection,
negotiation, management, and evaluation of contracts with architects, engineers,
and surveyors, to provide the department more flexibility with respect to
negotiating contracts with selected providers, to ensure the department complies
with applicable state law requiring consideration of the competence and qualifications
of providers of architectural, engineering, and surveying services, and to
recognize that licensed state land surveyors may provide surveying services
to the department under applicable law.
Section 9.30 is amended to add a citation to the department's authority
to contract for architectural, engineering, and surveying services related
to turnpike projects. This section is also amended to improve grammar and
to distinguish between registered professional land surveyors and licensed
state land surveyors, either of which may provide surveying services to the
department under applicable law.
Section 9.31 is amended to add a definition for licensed state land surveyor.
Section 9.33 is amended to provide that the director of the Design Division,
rather than the chair of the Consultants Review Committee (CRC) or designee
may approve exceptions to minimum and maximum page requirements for letters
of interest. The department has designated the director of the Design Division
as the chair of the CRC. The amendment clarifies who has been designated to
make this decision. Section 9.33 is also amended to provide that the prime
provider's project manager may not be replaced during the selection and award
process by anyone other than another person proposed for the prime provider's
team. The director of the Design Division must approve the proposed replacement
project manager. Limiting who may be designated as the prime provider's project
manager ensures that the department complies with applicable state law requiring
consideration of the competence and qualifications of providers of architectural,
engineering, and surveying services. The amendment also provides the department
more flexibility in the selection process by not requiring the disqualification
of qualified providers. This section is also amended to distinguish between
registered professional land surveyors and licensed state land surveyors,
either of which may provide surveying services to the department under applicable
law.
Section 9.34 is amended to provide that the director of the Design Division,
rather than the chair of the Consultants Review Committee (CRC) or designee
may approve additional criteria for evaluating interested providers. The amendment
clarifies who has been designated to make this decision.
Section 9.37 is amended to provide that the director of the Design Division,
rather than the chair of the Consultants Review Committee (CRC) or designee,
may approve discretionary extensions of the period of time in which contracts
must be negotiated with selected providers and increases the length of such
extensions, and provides that the director of the Design Division may approve
unique negotiating schedules for multiple contract selections. Section 9.37
is also amended to authorize the executive director of the department or designee
to grant additional extensions if the managing officer submits sufficient
justification establishing that additional time to conduct negotiations is
necessary due to the uniqueness or complexity of the project scope of services.
These amendments clarify who has been designated to make these decisions,
and provide the department with the flexibility to complete negotiations on
contracts related to projects with a unique or complex scope, such as turnpike
projects of a scale greater than that found in the typical traditional department
project.
Section 9.38 is amended to provide that the director of the Design Division,
rather than the chair of the Consultants Review Committee (CRC) or designee
may approve exceptions to the amount of work that can be provided by a subprovider.
The amendments clarify who has been designated to make this decision.
Section 9.39 is amended to apply limitations on the amount of contract
work authorizations in indefinite delivery contracts to contracts related
to TTA turnpike projects.
Section 9.41 is amended to distinguish between registered professional
land surveyors and licensed state land surveyors in obtaining precertification,
either of which may provide surveying services to the department under applicable
law.
Section 9.43 is amended to provide that in order to be precertified in
Category 15.5.1, relating to state land surveying, the firm must employ one
licensed state land surveyor, rather than a registered professional land surveyor.
Applicable state law requires a licensed state land surveyor to perform these
services.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and Transportation Code, §361.042, which
requires the commission to adopt rules for the regulation of its affairs and
the conduct of its business under Transportation Code, Chapter 361.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208433
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: January 9, 2003
Proposal publication date: October 11, 2002
For further information, please call: (512) 463-8630
Subchapter A. GENERAL
43 TAC §25.1
The Texas Department of Transportation (department) adopts
amendments to §25.1, concerning the Texas Manual on Uniform Traffic Control
Devices (Texas MUTCD). Section 25.1 is adopted with changes to the proposed
text as published in the October 11, 2002, issue of the
Texas Register
(27 TexReg 9559). The adopted changes relate only to
the Texas MUTCD which is adopted by reference.
EXPLANATION OF ADOPTED AMENDMENTS
The Texas MUTCD is amended periodically to maintain substantial conformance
with the federal MUTCD to allow use of a single manual for both state-funded
and federal-aid highway projects. These amendments incorporate the latest
requirements of the federal MUTCD into the Texas MUTCD.
The federal MUTCD defines the standards used by road managers nationwide
to install and maintain traffic control devices on all streets and highways.
The federal MUTCD is published by the Federal Highway Administration (FHWA)
under Title 23, Code of Federal Regulations, Part 655, Subpart F.
FHWA has recently completed a major revision and reformat of the federal
MUTCD. All states are required to adopt the provisions of this new federal
manual by January 17, 2003.
COMMENTS
The department received several comments on the proposed revisions to the
Texas MUTCD that was proposed for adoption by reference and filed with the
Texas Register Division of the Secretary of State. All comments concern various
sections, tables, and charts of the manual.
Comment: Regarding Table 4C-1, one commenter noted that the volumes for
the minor street approach are equal to the volumes for the major street approach.
The commenter asked if these volumes shouldn't be less than those for the
major street approach volumes.
Response: The department agrees that the minor street approach volumes
are incorrect. Table 4C-1 has been corrected.
Comment: One commenter noted that the proposed revision does not contain
a section of the previous Texas MUTCD, Appendix A. The commenter stated that
he found this to be one of the most useful sections of the manual because
almost all the signs could be found quickly with the designations and sizes.
Response: Shortly after the adoption of the new Texas MUTCD, the department
will publish an online version of the Standard Highways Signs of Texas publication.
This online version will have a section very similar to what was previously
in the Texas MUTCD, Appendix A.
Comment: One commenter noted that he was unable to locate the "Caution
- Cross Traffic Does Not Stop" sign although he has seen it used at four-way
intersections.
Response: The "Cross Traffic Does Not Stop" sign is the result of a department
research project to help warn drivers of a two-way stop condition. The FHWA
has adopted this concept in its Millennium Edition MUTCD. The application
of the "Cross Traffic Does Not Stop" sign is described in Section 2B.04a (Regulatory
Sign Section) with designation R1-5. It is also described in Section 2C.27
(Warning Sign Section) with designation W4-4P.
Comment: One commenter noted that in Section 4C.04, the word "lanes" is
missing at the end of the sentence in paragraph B of the Standard statement
(page 4C-8).
Response: The department concurs and has made this correction.
Comment: Regarding Section 1A.08, Authority for Placement of Traffic Control
Devices, the commenter suggested that the following statement be listed as
"support" rather than "standard" as it does not contain any "shall" statements.
Legal authority for TxDOT and local units of government to erect and maintain
traffic control devices, requirement of obedience to official traffic control
devices, prohibition of the display of unauthorized signs, and prohibition
of interference with official traffic control devices are found in the "Texas
Statutes- Transportation Code Chapter 544 Traffic Signs, Signals and Markings."
Response: The department concurs with this correction. The "Texas Statutes-
Transportation Code Chapter 544 Traffic Signs, Signals and Markings" is a
reference source. This change has been made since it does not modify the intent
of Section 1A.08.
Comment: Regarding Section 2B.04a (R1-5), one commenter noted that since
there is also a W4-4P CROSS TRAFFIC DOES NOT STOP plaque using warning sign
colors, it should be referenced in this section by the addition of the following
wording:
"Guidance
If a CROSS TRAFFIC DOES NOT STOP plaque is installed in advance of a STOP
sign, the W4-4P plaque should be used rather than the R1-5 plaque (see Section
2C-27)."
Response: The department concurs with this comment. The suggested wording
has been added to Section 2C.27 as a "Guidance" statement.
Comment: Regarding Section 2B.26, LEFT LANE FOR PASSING ONLY Sign (R4-2a),
one commenter suggested that the existing "guidance" wording makes it appear
that this sign is always needed. The following change was recommended:
"When used, the LEFT LANE FOR PASSING ONLY sign should be erected just
beyond the beginning of a multiple-lane pavement, at selected locations on
the median strip, and at other locations to the right of the pavement edge
of a divided highway where there is a tendency on the part of the motorist
to drive in the left most lane below the normal speed of traffic. The LEFT
LANE FOR PASSING ONLY sign should not be used on secondary roads, the approach
to an interchange, or through an interchange area."
Response: The department concurs with this comment. "When used" has been
added at the beginning of the "Guidance" statement. This is consistent with
other "Guidance" statements in the Texas MUTCD.
Comment: Regarding Section 2C.19, DEAD END/NO OUTLET/ROAD ENDS Signs (W14-1,
W14-2, W14-1T), the commenter recommended adding the following wording:
"Guidance
A Distance Plaque (w16-2, W16-2A, W16-3, W16-3a) should be used with a
Road Ends (W14-1T) sign when the Road Ends sign is installed upstream of the
actual end of the roadway."
Response: The department disagrees with this comment and declines to incorporate
it into the revised Texas MUTCD. A "Road Ends" sign is sufficient for a minimum
requirement. Section 2C.39, Use of Supplemental Plaques, states "a supplemental
plaque may be displayed with a warning sign when engineering judgement indicates
that road users require additional information beyond that contained in the
main message of the warning sign."
Comment: Regarding Section 2C.27, CROSS TRAFFIC DOES NOT STOP Plaque (W4-4P),
the commenter noted that since there is also a R1-5 CROSS TRAFFIC DOES NOT
STOP Plaque using regulatory sign colors, it should be referenced in this
section by modifying the "guidance" as follows:
"If the CROSS TRAFFIC DOES NOT STOP (W4-4P) plaque is installed on the
same post as the STOP sign, then a CROSS TRAFFIC DOES NOT STOP (R1-5) plaque
with a black legend and border on a white background should be used (see Section
2B-04a)."
Response: The department concurs with this comment. The suggested wording
has been added to Section 2C.27.
Comment: Regarding Section 2C.41, Distance Plaques (W16-2, W16-3a, W16-4,
W7-3a), one commenter noted that the W16-2a and W16-3 included in the FHWA
MUTCD are not included in the text of this section or in the sign examples
shown. The commenter stated that "The two signs referenced, W16-2 and W16-3a,
are labeled as 2 line and 1 line, respectively, in the text. The sign examples
show the 2 line W16-2 with the distance listed in feet and the 1 line W16-3a
with the distance listed in miles. It is unclear whether it is also intended
to permit the use of the W16-2 with the distance in miles and the W16-3a with
the distance in feet. If so, then the W16-2a 1 line plaque with the distance
in miles and the W16-3 2 line plaque with the distance in miles from the FHWA
MUTCD should also be listed in the text and shown in the examples to indicate
this intention. If it is intended that the W16-2 always be a 2 line plaque
with the distance in feet and the W16-3a always be a 1 line plaque with the
distance in miles, the text should be modified to reflect this intention.
For consistency, it is recommended that the W16-2a and W16-3 plaques included
in the FHWA MUTCD also be included in the Texas MUTCD."
Response: The department disagrees with this comment. The department believes
the W16-2 and W16-3 plaques have better legibility and a more balanced appearance
than the other referenced signs.
Comment: Regarding Section 2E.20.1, Exit Only Panels, one commenter noted
that all of the new text for the single lane exit, two lane exit, one lane
with option lane exit, and left lane exit is included as a "standard." However,
there are "guidance" and "option" statements included in the text that should
be separately identified. There is also a statement in the left lane exit
section that includes the phrase "is intended for use." This should be changed
to either "shall" or "should" terminology to indicate the intent. The commenter
submitted various suggested phrases for consideration.
Following is revised grouping to separately reflect the "shall, should,
and may" conditions and to eliminate possible ambiguity of the intent of the
"is intended for use" phrase:
A. Single Lane Exit
Standard:
Major guide signs for all lane drops at interchanges shall be mounted overheard.
The EXIT ONLY panel(s) shall be used on the advance guide and exit direction
signs for all interchange lane drops at which the through route is carried
on the mainline. One and two mile advance guide signs, when used, shall contain
the distance message. EXIT ONLY panels shall have black legend on a yellow
reflectorized background.
The exit direction sign for all lane drops shall be of the format shown
on E11-1a. A standard up arrow (left or right side) shall be used with the
EXIT ONLY E11-1a panel at the exit direction sign location.
The E11-1b panel shall be placed on either side of a white down arrow.
The E11-1c panel, when used on a nondiagrammatic sign, shall be placed between
the lower destination message and the white down arrow.
Guidance:
Advance guide signs for lane drops within one mile of the interchange should
not contain the distance message.
The EXIT ONLY panel E11-1 should be used in all new signing of lane drops
on all advance guide signs for right-hand exits.
Option:
Whenever the dropped lane carries the through route, diagrammatic signs
may be used without the EXIT ONLY panel.
EXIT ONLY messages of either E11-1b or E11-1c formats may be used on existing
signing to warn of a lane drop situation ahead.
B. Two Lane Exit
Standard:
One and two mile advance guide signs, when used, shall contain the distance
message. Advance guide signs for lane drops within one mile of the interchange
should not contain the distance message. EXIT ONLY panels shall have black
legend on yellow reflectorized background.
The exit direction sign for a two lane EXIT ONLY lane drop condition shall
be of the format shown on E11-1f.
Guidance:
The EXIT ONLY panel E11.1f should be used in all new signing of a two lane
EXIT ONLY lane drop condition on all advance guide signs.
A center to center distance of 13 feet should separate the arrows within
the panel.
C. One Lane with Option Lane Exit
Standard:
One and two mile advance guide signs, when used, shall contain the distance
message.
EXIT ONLY panels shall have black legend on a yellow reflectorized background.
The exit direction sign for a two lane exit with an option lane and an
EXIT ONLY lane drop condition shall be of the format shown on E11-1e.
The white arrow (downward or upward sloping) shall be placed to the left
of panels E11-1d and E11.1e as necessary.
Guidance:
Advance guide signs for lane drops within one mile of the interchange should
not contain the distance message.
The EXIT ONLY panel E11-1d should be used in all new signing of a two lane
exit with an option lane and an EXIT ONLY lane drop condition on all advance
guide signs.
A center to center distance of 13 feet should separate the white arrow
and the panel arrow.
D. Left Lane Exit
Standard:
The LEFT EXIT panel shall be used on guide signs to provide advance information
for "lefthand" exits. Left hand EXIT ONLY conditions shall retain the signing
principles as stated in other sections. EXIT ONLY and LEFT EXIT panels shall
not appear on the same sign.
One and two mile advance guide signs, when used, shall contain the distance
message.
The LEFT EXIT panel shall consist of black letters on a yellow reflective
background.
All new signing for lefthand exits (except EXIT ONLY conditions) shall
have the LEFT EXIT panel E11-2a on advance guide and exit direction signs.
A standard up arrow shall be used with the LEFT EXIT E11-2a at the exit direction
sign location.
Guidance:
Signing for lefthand exits should be overhead. Advance guide signs for
lefthand exits within one mile of the interchange should not contain the distance
message.
When used for sequence signs and retrofitting existing guide signs, a LEFT
EXIT panel E11-2c should be used.
Response: There is much discussion concerning the freeway guide signing
in the FHWA Millennium MUTCD. Currently, the department is sponsoring Research
Project 4170 "Improved Signing for Urban Freeway Conditions." The department
does not necessarily disagree with the suggested comments, however, the department
does not want to modify the freeway guide signs sections of the Texas MUTCD
until the completion of the research project. The department will consider
incorporating these comments into the Texas MUTCD after completion and evaluation
of the research.
Comment: Regarding Section 6A.01, General, one commenter suggested that
the last sentence of the fifth paragraph under "support" include the following
"guidance" statement:
"The temporary traffic control selected for each situation should be based
on engineering judgment with consideration of issues such as type of highway,
road user conditions, duration of operation, physical constraints, and the
nearness of the work space to road users."
The commenter also suggested that the following sentence should be relocated
as the last sentence in the guidance paragraph under this section. The revised
"guidance" paragraph would then read as follows:
"The temporary traffic control plan should start in the planning phase
and continue through the design, construction, and restoration phases. The
temporary traffic control plans and devices should follow the principles set
forth in Part 6. The temporary traffic control selected for each situation
should be based on engineering judgment with consideration of issues such
as type of highway, road user conditions, duration of operation, physical
constraints, and the nearness of the work space to road users."
Response: The department concurs with this comment and the change has been
made.
Comment: Regarding Section 6B.01, Fundamental Principles of Temporary Traffic
Control, one commenter recommended modifying the paragraphs on Page 6B-3 with
the following:
"To provide acceptable levels of operations, routine day and night inspections
of temporary traffic control elements should be performed as follows:
A. Individuals who are knowledgeable (for example, trained and/or certified)
in the principles of proper temporary traffic control should be assigned responsibility
for safety in temporary traffic control zones. The most important duty of
these individuals should be to check that all temporary traffic control devices
of the project are reasonably consistent with the temporary traffic control
plan and are effective in providing safe conditions for drivers, bicyclists,
pedestrians, and workers.
B. As the work progresses, temporary traffic controls and/or working conditions
should be monitored and modified if needed in order to provide safe and efficient
road user movement and to promote worker safety. The individual responsible
for temporary traffic control should have the authority to halt work until
applicable or remedial safety measures are taken."
Response: The department disagrees with this comment and declines to incorporate
it into the revised Texas MUTCD. Training is essential for individuals responsible
for selecting, installing, maintaining, and inspecting traffic control setups.
Comment: Regarding Section 6C.01, Temporary Traffic Control Plans, one
commenter recommended modifying the "guidance" paragraph with the following
wording:
"Temporary traffic control plans should be prepared by persons knowledgeable
about the fundamental principles of temporary traffic control and work activities
to be performed. The design, selection and placement of temporary traffic
control devices for a temporary traffic control plan should be based on engineering
judgment."
Response: The department disagrees with this comment and declines to incorporate
it into the revised Texas MUTCD. Training is essential for individuals responsible
for selecting, installing, maintaining, and inspecting traffic control setups.
Comment: Regarding Section 6C.04, Advance Warning Area & Table 6C-1,
one commenter suggested that the second paragraph under "guidance" state that
the advance warning area can be as short as 30 m (100 ft). The smallest value
listed in Table 6C-1 for advance warning sign spacing is 120 feet. It appears
the 100 feet distance listed in Section 6C-04 is referring to the distance
between the sign and the work area when only one sign is used while Table
6C-1 is listing the minimum spacing between signs when more than one sign
is used. Therefore, it is recommended that the column heading in Table 6C-1
be changed from "Sign Spacing (Feet)" to "Distance Between Signs (Feet)" to
eliminate possible confusion over the 100 foot distance listed in Section
6C-04.
Response: The department agrees with this comment. The second paragraph
in the second guidance statement of Section 6C.04, Advanced Warning Area,
is revised to read as follows: ". . .the advanced warning area can be as short
as 30 m (100 ft) if assuming a 25 mph posted speed." Table 6C-1 will not be
changed since these suggested values are for the most commonly used posted
speeds.
Comment: Regarding Section 6C.08, Tapers, one commenter suggested modifying
the second sentence of the first "guidance" as follows to format it as a guidance
statement:
"Table 6C-3 lists the minimum desirable taper lengths (L) and the suggested
maximum spacing of channelizing devices that should be used."
The commenter also noted that it is unclear whether the second sentence
of the third paragraph of the first "guidance" is intended to be a standard
or guidance with its current wording. The following modification is recommended
if it is to be guidance:
"The one-lane, two-way and downstream tapers should have a minimum distance
of 100 feet and should have devices spaced at approximately 20 feet."
Response: The department agrees with the suggested wording and the changes
have been made. Additionally, Table 6C-2 has been changed to read "at least
100 ft" rather than "100 ft maximum."
Comment: Regarding Section 6F.03, Sign Placement, one commenter noted that
the first "standard" of the proposed Texas MUTCD wording requires post mounted
signs to be at least 7 feet high unless mounted below another sign, in which
case a 6-foot mounting height is permitted. The FHWA MUTCD permits a mounting
height of 5 feet, or 4 feet if below another sign, under certain conditions.
It is recommended that the current FHWA MUTCD wording be maintained in the
Texas MUTCD.
Response: The department disagrees with this comment. The proposed Texas
MUTCD states that sign supports shall be crashworthy. A 7-foot standard and
crashworthiness are directly related for post mounted signs.
Comment: Regarding Section 6F.03, Sign Placement, one commenter suggested
that the third paragraph of the second "standard" should be modified to read
as follows:
"Vehicle mounted signs shall have the bottom of the sign at a minimum height
of 1.2 m (4 ft) above the pavement. Signs shall be covered or removed when
work is not in progress."
Response: The department concurs and has incorporated the suggested change.
This is a minor grammatical change and will not affect the statement's intent.
Comment: One commenter noted that in Section 6F.17, ROAD (STREET, SHOULDER)
WORK Sign (CW20-1), the "standard" statement should be revised as follows
to reflect the addition of "shoulder" in the legend description:
"The ROAD (STREET, SHOULDER) WORK (CW20-1) sign shall have the legend ROAD
(STREET, SHOULDER) WORK, XX M (FT), XX KM (MILES), or AHEAD."
Response: The department concurs and has made the suggested change.
Comment: In regard to Section 6F.63, Edgeline Channelizers, one commenter
noted that the existing "guidance" wording includes support and standard information,
but no guidance. It is recommended that the existing sentences included in
guidance be modified and relocated to "support" and "standard" as follows:
"Support:
This device is intended to be used to channelize traffic by indicating
the edge of the travel way. It is based on a 42-inch two-piece cone with an
alternate striping pattern: four 4-inch retroreflective bands, the top band
at approximately 36 inches and the other located successively below the first
with an approximate 2-inch gap between bands.
Standard:
The device shall not be used to separate lanes of traffic (opposing or
otherwise).
The color of the band shall correspond to the color of the edgeline (yellow
for left edgeline, white for right edgeline) for which the device is substituted
or for which it supplements.
The base shall weigh a minimum of 30 lbs."
Response: The department concurs and has made the suggested changes.
Comment: Regarding Notes for Figure 6H-2, Typical Application 2, Very Low
Volume Rural Road Short-Duration Operation, one commenter suggested modifying
this portion of the manual to reflect that item 4 is a "standard" rather than
"guidance" as follows:
Guidance:
1. The treatment shown should only be used in daytime conditions on very
low volume (typically less than 100 ADT) self-regulating rural roads.
2. In situations where a single work vehicle/equipment is being used, adequate
sight distance should be maintained.
Option:
3. Flaggers or shadow vehicles may be necessary in areas of limited sight
distance.
Standard:
4. In areas where vehicle traffic cannot effectively self-regulate one
or two flaggers shall be used as illustrated in Figure 6H-10.
5. Although vehicle hazard warning signals can be used to supplement the
rotating lights or strobe lights, they shall not be used instead of rotating
light or strobe lights.
Response: The department concurs and has made the suggested changes.
Comment: Regarding notes for Figure 6H-4, Typical Application 4
Short-Duration or Mobile Operation on Shoulder, one commenter suggested
that in "guidance," change the metric distance listed from "8 km" to "3.2
km" to match the 2 mile English distance.
Response: The department concurs and has made the suggested change.
Comment: Regarding notes for Figure 6H-10, Typical Application 10 Lane
Closure for One Lane-Two Way Traffic Control, one commenter suggested modifying
Number 12 as follows to fit the guidance format:
"12. Access should be controlled throughout the construction or maintenance
work zone. Closure of all entering intersections within the zone should be
considered. Driveways create a problem that should be monitored by flaggers.
Flaggers should have good visual contact or two-way radio contact with each
other."
Response: The department concurs and has made the suggested change.
Comment: Regarding Notes for Figure 6H-13, Typical Application 13 Temporary
Road Closure, one commenter pointed out that the "Be Prepared to Stop" sign
is shown as both a standard and an option statement.
Response: The department concurs with this comment and Option Note #5 has
been removed.
Comment: One commenter noted that the Lane Reduction Sign(W4-2)is referenced
in the following places, but is not included in the warning sign section:
Table 2C-1. Application of Warning Signs
Section 2C.28 Merge Sign (W4-1)
Section 2C.30 Lane Ends Signs (W9-1, W9-2)
The commenter noted that Section 6F.24 Lane Reduction Sign (CW4-2) in Part
6 discusses this sign but it is not included in Part 3. Since it is referenced
in various places in Part 3, text for this sign should be added.
Response: The department concurs with this suggestion. The W4-2 sign has
been removed from Table 2C-1. In the last paragraph of Section 2C-28, the
reference to the W4-2 has been replaced with reference to W9-1 and W9-2. In
Section 2C.30, the first paragraph under Option- "... Lane Ends (W4-2) sign
or the ..." text has been removed. Section 6F.24, Lane Reduction Sign (CW4-2),
has been deleted in its entirety.
STATUTORY AUTHORITY
This amendment is adopted under Transportation Code, §201.101, which
authorizes the Texas Transportation Commission (commission) to promulgate
rules for the conduct of the work of the department, and more specifically,
Transportation Code, §544.001, which requires the commission to adopt
a manual and specifications for a uniform system of traffic control devices
which conforms to the systems approved by the American Association of State
Highway and Transportation Officials.
§25.1.Uniform Traffic Control Devices.
(a)
The 2003 Texas Manual on Uniform Traffic Control Devices,
which is filed with this section and hereby incorporated by reference, was
prepared as required by law to govern standards and specifications for all
such traffic control devices to be erected and maintained upon all highways
within this state, including those under local jurisdiction. Copies of the
manual may be obtained at the Texas Department of Transportation, 125 East
11th Street, Austin, Texas 78701, and are on file for public inspection with
the Office of the Secretary of State, Texas Register Division, James Earl
Rudder State Office Building, Room 245, Austin, Texas 78711.
(b)
This manual will be periodically updated. In the intervals
between updates, standards contained in "Official Rulings on Requests for
Interpretations, Changes, and Experimentation" to the United States Department
of Transportation's Manual on Uniform Traffic Control Devices for Streets
and Highways will be inserted in this manual and may be used as interim standards.
(c)
This manual is not intended to preclude the use of sound
engineering judgment and experience in the application and installation of
devices and particularly in those cases not specifically covered which must
not conflict with the manual or other applicable state laws.
(d)
This manual will be sold for a price based upon the then
current cost to the department, except that certain public entities may be
entitled to free copies.
(e)
The manual will be available on the department's internet
website at www.dot.state.tx.us.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208478
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: January 9, 2003
Proposal publication date: October 11, 2002
For further information, please call: (512) 463-8630
Chapter 52.
PROJECT DEVELOPMENT
Subchapter A. ENVIRONMENTAL REVIEW AND PUBLIC INVOLVEMENT
43 TAC §§52.1 - 52.8
The Texas Department of Transportation (department) adopts
the repeal of §§52.1-52.8, concerning environmental review and public
involvement. Sections 52.1-52.8 are adopted without changes to the proposed
text as published in the October 11, 2002, issue of the
Texas Register
(27 TexReg 9560) and will not be republished.
EXPLANATION OF ADOPTED REPEALS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the department,
subject to approval by the voters of Senate Joint Resolution 16. The voters
approved Senate Joint Resolution 16 on November 6, 2001. Senate Bill 342 further
provided that rules of the board would continue in effect as rules of the
Texas Transportation Commission (commission).
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The board was responsible for
promulgating rules governing the operations of TTA, codified in Title 43,
Part 2 (Chapters 50-54). With the abolition of the board, TTA is more completely
consolidated with the department, and the commission is responsible for promulgating
rules governing the operations of TTA.
Sections 52.1-52.8 prescribe the policies and procedures governing environmental
review of and public involvement in turnpike projects. With the abolition
of the board, these rules are no longer needed because the department has
rules, found at §2.43, that govern environmental review of and public
involvement in non-tolled state highway improvement projects. The Chapter
2 rules and the TTA Chapter 52 rules are very similar.
By separate commission action, Chapter 2, Subchapter C, concerning environmental
review and public involvement for transportation projects, is being amended
to apply those rules to turnpike projects in addition to non-tolled state
highway improvement projects.
COMMENTS
No comments were received on the proposed repeals.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and Transportation Code, §361.042, which
requires the commission to adopt rules for the regulation of its affairs and
the conduct of its business under Transportation Code, Chapter 361.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208440
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: January 9, 2003
Proposal publication date: October 11, 2002
For further information, please call: (512) 463-8630
Subchapter B. CONTRACTING FOR ARCHITECTURAL AND ENGINEERING SERVICES
Chapter 9.
CONTRACT MANAGEMENT
Chapter 25.
TRAFFIC OPERATIONS
Part 2.
TEXAS TURNPIKE AUTHORITY DIVISION OF THE TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 53.
CONTRACTING AND PROCUREMENT PROCEDURES