2 Del. Admin. Code § 1A.10

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1A.10 - Interpretations, Experimentations, Changes, and Interim Approvals

Standard:

01 Design, application, and placement of traffic control devices other than those adopted in this Manual shall be prohibited unless the provisions of this Section are followed.

Support:

02 Continuing advances in technology will produce changes in the highway, vehicle, and road user proficiency; therefore, portions of the system of traffic control devices in this Manual will require updating. In addition, unique situations often arise for device applications that might require interpretation or clarification of this Manual. It is important to have a procedure for recognizing these developments and for introducing new ideas and modifications into the system.

Standard:

03 (DE Revision) Except as provided in Paragraph 4, requests for any interpretation, permission to experiment, interim approval, or change on state-maintained roads shall be mailed to the Delaware Department of Transportation (DelDOT) at 169 Brick Store Landing Road, Smyrna, DE 19977. After DelDOT approval, the request for interpretation, permission to experiment, interim approval, or change on state-maintained roads shall then be submitted electronically to the Federal Highway Administration (FHWA), Office of Transportation Operations, MUTCD team, at the following e-mail address: MUTCDofficialrequest@dot.gov.

Option:

03A (DE Revision) Requests for any interpretation, permission to experiment, interim approval, or change on non-state-maintained roads may be submitted to the FHWA MUTCD team at the e-mail address above, with a courtesy copy mailed to DelDOT at the mailing address above.

04 If electronic submittal is not possible, requests for interpretations, permission to experiment, interim approvals, or changes may instead be mailed to the Office of Transportation Operations, HOTO-1, Federal Highway Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Support:

05 Communications regarding other MUTCD matters that are not related to official requests will receive quicker attention if they are submitted electronically to the MUTCD Team Leader or to the appropriate individual MUTCD team member. Their e-mail addresses are available through the links contained on the "Who's Who" page on the MUTCD website at http://mutcd.fhwa.dot.gov/team.htm.

06 An interpretation includes a consideration of the application and operation of standard traffic control devices, official meanings of standard traffic control devices, or the variations from standard device designs.

Guidance:

07 Requests for an interpretation of this Manual should contain the following information:

A. A concise statement of the interpretation being sought;

B. A description of the condition that provoked the need for an interpretation;

C. Any illustration that would be helpful to understand the request; and

D. Any supporting research data that is pertinent to the item to be interpreted.

Support:

08 Requests to experiment include consideration of field deployment for the purpose of testing or evaluating a new traffic control device, its application or manner of use, or a provision not specifically described in this Manual.

09 A request for permission to experiment will be considered only when submitted by the public agency or toll facility operator responsible for the operation of the road or street on which the experiment is to take place. For a private road open to public travel, the request will be considered only if it is submitted by the private owner or private official having jurisdiction.

10 A diagram indicating the process for experimenting with traffic control devices is shown in Figure 1A-1.

Guidance:

11 The request for permission to experiment should contain the following:

A. A statement indicating the nature of the problem.

B. A description of the proposed change to the traffic control device or application of the traffic control device, how it was developed, the manner in which it deviates from the standard, and how it is expected to be an improvement over existing standards.

C. Any illustration that would be helpful to understand the traffic control device or use of the traffic control device.

D. Any supporting data explaining how the traffic control device was developed, if it has been tried, in what ways it was found to be adequate or inadequate, and how this choice of device or application was derived.

E. A legally binding statement certifying that the concept of the traffic control device is not protected by a patent or copyright. (An example of a traffic control device concept would be countdown pedestrian signals in general. Ordinarily an entire general concept would not be patented or copyrighted, but if it were it would not be acceptable for experimentation unless the patent or copyright owner signs a waiver of rights acceptable to the FHWA. An example of a patented or copyrighted specific device within the general concept of countdown pedestrian signals would be a manufacturer's design for its specific brand of countdown signal, including the design details of the housing or electronics that are unique to that manufacturer's product. As long as the general concept is not patented or copyrighted, it is acceptable for experimentation to incorporate the use of one or more patented devices of one or several manufacturers.)

F. The time period and location(s) of the experiment.

G. A detailed research or evaluation plan that must provide for close monitoring of the experimentation, especially in the early stages of its field implementation. The evaluation plan should include before and after studies as well as quantitative data describing the performance of the experimental device.

H. An agreement to restore the site of the experiment to a condition that complies with the provisions of this Manual within 3 months following the end of the time period of the experiment. This agreement must also provide that the agency sponsoring the experimentation will terminate the experimentation at any time that it determines significant safety concerns are directly or indirectly attributable to the experimentation. The FHWA's Office of Transportation Operations has the right to terminate approval of the experimentation at any time if there is an indication of safety concerns. If, as a result of the experimentation, a request is made that this Manual be changed to include the device or application being experimented with, the device or application will be permitted to remain in place until an official rulemaking action has occurred.

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I. An agreement to provide semi-annual progress reports for the duration of the experimentation, and an agreement to provide a copy of the final results of the experimentation to the FHWA's Office of Transportation Operations within 3 months following completion of the experimentation. The FHWA's Office of Transportation Operations has the right to terminate approval of the experimentation if reports are not provided in accordance with this schedule.

Support:

12 A change includes consideration of a new device to replace a present standard device, an additional device to be added to the list of standard devices, or a revision to a traffic control device application or placement criteria.

Guidance:

13 Requests for a change to this Manual should contain the following information:

A. A statement indicating what change is proposed;

B. Any illustration that would be helpful to understand the request; and

C. Any supporting research data that is pertinent to the item to be reviewed.

Support:

14 Interim approval allows interim use, pending official rulemaking, of a new traffic control device, a revision to the application or manner of use of an existing traffic control device, or a provision not specifically described in this Manual. The FHWA issues an Interim Approval by official memorandum signed by the Associate Administrator for Operations and posts this memorandum on the MUTCD website. The issuance by FHWA of an interim approval will typically result in the traffic control device or application being placed into the next scheduled rulemaking process for revisions to this Manual.

15 Interim approval is considered based on the results of successful experimentation, results of analytical or laboratory studies, and/or review of non-U.S. experience with a traffic control device or application. Interim approval considerations include an assessment of relative risks, benefits, costs, impacts, and other factors.

16 Interim approval allows for optional use of a traffic control device or application and does not create a new mandate or recommendation for use. Interim approval includes conditions that jurisdictions agree to comply with in order to use the traffic control device or application until an official rulemaking action has occurred.

Standard:

17 A jurisdiction, toll facility operator, or owner of a private road open to public travel that desires to use a traffic control device for which FHWA has issued an interim approval shall request permission from FHWA.

Guidance:

18 (DE Revision) The request for permission to place a traffic control device under an interim approval should contain the following:

A. A description of where the device will be used, such as a list of specific locations or highway segments or types of situations, or a statement of the intent to use the device jurisdiction-wide;

B. An agreement to abide by the specific conditions for use of the device as contained in the FHWA's interim approval document;

C. An agreement to maintain and continually update a list of locations where the device has been installed, where practical; and

D. An agreement to:

1. Restore the site(s) of the interim approval to a condition that complies with the provisions in this Manual within 3 months following the issuance of a Final Rule on this traffic control device; and

2. Terminate use of the device or application installed under the interim approval at any time that it determines significant safety concerns are directly or indirectly attributable to the device or application. The FHWA's Office of Transportation Operations has the right to terminate the interim approval at any time if there is an indication of safety concerns.

Option:

19 A State may submit a request for the use of a device under interim approval for all jurisdictions in that State, as long as the request contains the information listed in Paragraph 18.

Guidance:

20 A local jurisdiction, toll facility operator, or owner of a private road open to public travel using a traffic control device or application under an interim approval that was granted by FHWA either directly or on a statewide basis based on the State's request should inform the State of the locations of such use.

21 A local jurisdiction, toll facility operator, or owner of a private road open to public travel that is requesting permission to experiment or permission to use a device or application under an interim approval should first check for any State laws and/or directives covering the application of the MUTCD provisions that might exist in their State.

Option:

22 A device or application installed under an interim approval may remain in place, under the conditions established in the interim approval, until an official rulemaking action has occurred.

Support:

23 A diagram indicating the process for incorporating new traffic control devices into this Manual is shown in Figure 1A-2.

24 (DE Revision) For additional information concerning interpretations, experimentation, changes, or interim approvals related to the FHWA MUTCD, visit the MUTCD website at http://mutcd.fhwa.dot.gov.

25 (DE Revision) For additional information concerning interpretations, experimentation, changes, or interim approvals related to the Delaware MUTCD, write to the Delaware Department of Transportation (DelDOT), P.O. Box 778, Dover, DE 19903, send an e-mail to dotpr@state.de.us or visit the DelDOT website at http://www.deldot.gov.

26 (DE Revision) Non-substantive editorial changes, clarifications, and minor revisions to the Delaware MUTCD, along with revisions required to match the Delaware MUTCD to amendments to relevant Federal or State law, will be approved by DelDOT and posted on the DelDOT web site (http://www.deldot.gov), and forwarded to the Delaware Register for inclusion in the state's Administrative Code. Any amendment requiring notice and comment in the Delaware Register under Administrative Procedures Act (Delaware Code, Title 29, Chapter 101) will take effect upon adoption under that procedure.

2 Del. Admin. Code § 1A.10