While the changes to the New York State Vehicle and Traffic Law adopt the provisions of the National MUTCD, they also allow the Commissioner to promulgate regulations to modify certain provisions of the National MUTCD in order to retain the standards and practices that currently meet the unique needs of New York. This rule making provides for the New York State Supplement and contains:

1. Existing devices not found in the National MUTCD (e.g., the YIELD TO THE BLIND sign);

2. Existing provisions that are stricter than their associated provisions in the National MUTCD (e.g., New York does not allow for the creation of new traffic control devices without Department approval);

3. Existing devices and provisions that must be retained in order to remain in conformance with New York State law (e.g., legal bridge clearances); and

4. Existing devices and provisions that differ from their parallel provisions in the National MUTCD, but do not violate any National mandates (e.g., general service symbol signs are subject to different rules of use).

While the adoption of the National MUTCD imposes some changes upon traffic control devices in New York, these regulations providing for a New York State Supplement will serve to mitigate the total number of changes that would have otherwise been made necessary due to the adoption of the National MUTCD as the New York State Standard for traffic control devices on public ways of travel. The New York State Supplement accomplishes this mitigation by modifying approximately 175 of the National MUTCD's 1000 sections, and adding approximately 50 new sections that carry forward provisions of the existing New York State Manual of Uniform Traffic Control Devices.

Please be advised that the non-substantial changes in the above-referenced rule making do not affect the contents of the Job Impact Statement published in the February 21, 2007 State Register.

The agency received no public comment.