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Statutory Authority: 17 Delaware Code, Sections 134 and 141; 21 Delaware Code, Chapter 41
(17 Del.C. ยง134, 141 and 21 Del.C. Ch. 41)
2 DE Admin. Code 2402

final

ORDER

2402 Delaware Manual on Uniform Traffic Control Devices

Under Title 17 of the Delaware Code, Sections 134 and 141, as well as 21 Delaware Code Chapter 41, the Delaware Department of Transportation (DelDOT), adopted a Delaware version of the Federal Manual on Uniform Traffic Control Devices (MUTCD). The Department drafted revisions to the Delaware MUTCD, and sought comments through the public notice appearing in 16 DE Reg. 274 (09/01/12).

The Department took written comments on these draft changes to the Delaware MUTCD from September 1, 2012 through September 30, 2012.

No comments were received.

Summary of the Evidence and Information Submitted

The proposed changes to the 2011 version of the Delaware MUTCD are editorial, or are corrections of errors that were discovered by FHWA during the past two (2) years since the publication of the 2009 Federal MUTCD. Additionally, DelDOT also developed minor modifications to the manual based on experience using the Delaware MUTCD since its last major revision.

Findings of Fact

Based on the record in this docket, I make the following findings of fact:

1. The proposed amendments to the Delaware version of the MUTCD are useful and proper, as amended pursuant to the comment period process required under the Administrative Procedures Act.

2. The adoption of these proposed changes to the MUTCD for Delaware is in the best interests of the State of Delaware.

Decision and Effective Date

Based on the provisions of Delaware law and the record in this docket, I hereby adopt the amended MUTCD, as set forth in the version attached hereto, to be effective on December 10, 2012.

IT IS SO ORDERED this 15th day of November, 2012.

Shailen Bhatt, Secretary

Delaware Department of Transportation

*Please Note: Due to the size of the final regulation, the Delaware Manual on Uniform Traffic Control Devices is not being published here. A PDF version is available at the following location:

http://regulations.delaware.gov/register/december2012/final/16 DE Reg 660 12-01-12.htm

The 2011 Delaware MUTCD, Revision 1 was posted in draft form as a proposed regulation in the September 2012 edition of the Delaware Register. During the 30-day public comment period that followed, no public comments were received.

However, in the period since the draft manual was published in the September 2012 edition of the Delaware Register, DelDOT made a number of additional changes. Most of the changes were editorial, or were corrections of errors that were discovered during the internal review process. Each modification, along with the justification for the change, is listed below:

Page
Sec/Fig
Para.
DelDOT Comment / Proposed Change
Modification
2C-6
2C.04
Table 2C-2
Revise size of W16-8aP plaques to match federal requirements
Table was modified accordingly.
Justification: Revised to meet federal requirements.
2D-3
2D.04
Table 2D-1
Update sign heights for D3-1, 1a and D3-1-DE1 in Table 2D-1 to match federal requirements
Table was updated accordingly.
Justification: Revised to meet federal requirements.
2D-29
2D.43
Table 2D-2
Update sign heights in Table 2D-2 to match federal requirements
Table was updated accordingly.
Justification: Revised to meet federal requirements.
6H-107
6H-35H
--
Add a note indicating that the vehicle on the right shoulder is a police vehicle with full light bar (or simply add an arrow from the note pointing to the vehicle on the left shoulder)
Figure modified accordingly.
Justification: Clarification of intended operation

PDF Versions of each part are available at the following locations:

Introduction

Part 1 - General

Part 2 - Signs

Part 3 - Markings

Part 4 - Highway Traffic Signals

Part 5 - Low Volume Roads

Part 6 - Temporary Traffic Control

Part 7 - School Areas

Part 8 - Railroad

Part 9 - Bicycle Facilities

16 DE Reg. 660 (12/01/12) (Final)
 
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