FOIA Request for
Records
Relating to Proposed
MUTCD
11th Edition
Drafting
Scott Brody Current as of
10/28/2021
Published By:
FOIA Request for MUTCD Related Documents Submitted 2/28/2021 Page 1
Attn: FOIA Officer (HAD-1) Federal Highway Administration 1200 New Jersey Ave., SE Washington, DC 20590
Via Email Only to
FOIA.Officer@dot.gov CC Robert Mooney at Office of Infrastructure CC Robert Black in Office of Chief Counsel Scott Brody, EIT
RE: Freedom of Information Request for Documents Pertaining to MUTCD Drafting _______________________________________________________________________________
Dear FHWA Staff, The purpose of this FOIA request is to better understand the decision-making behind certain MUTCD standards, and determine whether some items related to complete streets and signage were omitted because the FHWA undertook a rational decision-making process, or if they simply got overlooked. Title 23 U.S.C. 109
directs the Secretary of Transportation to ensure projects receiving funding through the NHS: (2)be designed and constructed in accordance with criteria best suited to accomplish theobjectives described in paragraph (1) and to conform to the particular needs of each locality.In line with its rights and duties, the Federal Highway Administration has developed or incorporated by reference standards in 23 CFR 625. This includes AASHTO’s
A Policy on Geometric Design of Highways and Streets
alongside several other standards which predominantly pertain to disciplines of engineering other than traffic. FHWA has also required projects on the NHS conform to the FHWA’s own
Manual on Uniform Traffic Control Devices for Streets and Highways
. FHWA has not listed the MUTCD itself as a publication in 23 CFR 625, it is instead found in 23 CFR Part 655.603, reflecting the fact that it applies to all roadways, not just those on the National Highway System. Nonetheless, if the law directs FHWA to do something regarding projects on the NHS, one would expect standards which apply to both NHS and non-NHS projects would not conflict with this directive. In 2015, Section 1404(a) of the Fixing America’s Surface Transportation Act amended
Title 23 U.S.C. 109
to state the following: (c)Design Criteria for National Highway System. -
FOIA Request for MUTCD Related Documents Submitted 2/28/2021 Page 2
(1)In general. - A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the NationalHighway System (other than a highway also on the Interstate System) may take intoaccount shall consider, in addition to the criteria described in subsection (a) -(A)the constructed and natural environment of the area; (B) the environmental, scenic,aesthetic, historic, community, and preservation impacts of the activity; and(B)the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; and (B)(C) cost savings by utilizing flexibility that exists in current design guidanceand regulations; and (C)(D) access for other modes of transportation. (2)Development of criteria. - The Secretary, in cooperation with State transportationdepartments, may develop criteria to implement paragraph (1). In developing criteria under this paragraph, the Secretary shall consider -(A)the results of the committee process of the American Association of State Highwayand Transportation Officials as used in adopting and publishing "A Policy on GeometricDesign of Highways and Streets", including comments submitted by interested parties as part of such process;(B)the publication entitled "Flexibility in Highway Design" of the Federal HighwayAdministration;(C)"Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design" developed by the conference held during 1998entitled "Thinking Beyond the Pavement National Workshop on Integrating HighwayDevelopment with Communities and the Environment while Maintaining Safety andPerformance"; and(D)the publication entitled “Highway Safety Manual” of the American Association of State Highway and Transportation Officials;(C)(E) the publication entitled “Urban Street Design Guide” of the National Association of City Transportation Officials; and (D)(F) any other material that the Secretary determines to be appropriate.
1
(emphasis original)
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Title 23. United States Code Section 109, amended 2015. https://www.fhwa.dot.gov/design/standards/161006b.pdf