Cite as: 507 U. S. 658 (1993)
Opinion of the Court
tion and operation shall be in accordance with the national standards contained herein." Manual, at 8A-1.9
According to petitioner, the third sentence of this paragraph, combined with the directive in 23 CFR § 646.214(b)(1) that the States comply with the Manual, amounts to a determination by the Secretary that state governmental bodies shall bear exclusive responsibility for grade crossing safety.
Petitioner's argument suffers from an initial implausibility: It asserts that established state negligence law has been implicitly displaced by means of an elliptical reference in a Government Manual otherwise devoted to describing for the benefit of state employees the proper size, color, and shape of traffic signs and signals. Not surprisingly, the Manual itself disavows any such pretensions: "It is the intent that the provisions of this Manual be standards for traffic control devices installation, but not a legal requirement for installation." Manual, at 1A-4. The language on which petitioner relies undermines rather than supports its claim by acknowledging that the States must approve the installation of any protective device even as the railroads maintain "joint responsibility" for traffic safety at crossings. As is made clear in the FHWA's guide to the Manual, the MUTCD provides a description of, rather than a prescription for, the allocation of responsibility for grade crossing safety between the Federal and State Governments and between States and railroads:
9 Petitioner also notes similar language contained in the Manual, at 8D-1:
"The selection of traffic control devices at a grade crossing is determined by public agencies having jurisdictional responsibility at specific locations.
. . . . . ". . . Before a new or modified grade crossing traffic control system is installed, approval is required from the appropriate agency within a given State."
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