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Memorandum - Guidance On Ofd Premise Changeable Message Signs... http:rlwww.fhwa. dot. govlrealestate /ofrprmsgsnguid.htm law 23 U. S. C. 131 as it is interpreted and implemented under the Federal regulations and individual FSAs. " It was expressly noted that "in the twenty -odd years since the agreements have been signed, there have been many technological changes in signs, including changes that were unforeseen at the time the agreements were executed. While most of the agreements have not changed, the changes in technology require the State and the FHWA to interpret the agreements with those changes in mind." The July 17, 1996, memorandum primarily addressed tri- vision signs, which were the leading technology at the time, but it specifically noted that changeable message signs "regardless of the type of technology used" are permitted if the interpretation of the FSA allowed them. Further advances in technology and affordability of LED and other complex electronic message signs, unanticipated at the time the FSAs were entered into, require the FHWA to confirm and expand on the principles set forth in the July 17, 1996, memorandum. The policy espoused in the July 17, 1996, memorandum was premised upon the concept that changeable messages that were fixed for a reasonable time period do not constitute a moving sign. If the State set a reasonable time period, the agreed -upon prohibition against moving signs is not violated. Electronic signs that have stationary messages for a reasonably fixed time merit the same considerations. Discussion Changeable message signs, including Digital/LED Display CEVMS, are acceptable for conforming off - premise signs, if found to be consistent with the FSA and with acceptable and approved State regulations, policies and procedures. This guidance does not prohibit States from adopting more restrictive requirements for permitting CEVMS to the extent those requirements are not inconsistent with the HBA, Federal regulations, and existing FSAs. Similarly, Divisions are not required to concur with State proposed regulations, policies, and procedures if the Division review determines, based upon all relevant information, that the proposed regulations, policies and procedures are not consistent with the FSA or do not include adequate standards to address the safety of the motoring public. If the Division Office has any question that the FSA is being fully complied with, this should be discussed with the State and a process to change the FSA may be considered and completed before such CEVMS may be allowed on HBA controlled routes. The Office of Real Estate Services is available to discuss this process with the Division, if requested. If the Division accepts the State's assertions that their FSA permits CEVMS, in reviewing State - proposed regulations, policy and procedures for acceptability, the Divisions should consider all relevant information, including, but not limited to duration of message, transition time, brightness, spacing, and location, to ensure that they are consistent with their FSA and that there are adequate standards to address safety for the motoring public. The Divisions should also confirm that the State provided for appropriate public input, consistent with applicable State law and requirements, in its interpretation of the terms of their FSA as allowing CEVMS in accordance with their proposed regulations, policies, and procedures. Based upon contacts with all Divisions, we have identified certain ranges of acceptability that have been adopted in those States that do allow CEVMS that will be useful in reviewing State proposals on this topic. Available information indicates that State regulations, policy and procedures that have been approved by the Divisions to date, contain some or all of the following standards: • Duration of Message o Duration of each display is generally between 4 and 10 seconds - 8 seconds is recommended. • Transition Time o Transition between messages is generally between 1 and 4 seconds - 1 -2 seconds is recommended. • Brightness o Adjust brightness in response to changes in light levels so that the signs are not unreasonably bright for the safety of the motoring public. • Spacing o Spacing between such signs not less than minimum spacing requirements for signs under the FSA, or greater if determined appropriate to ensure the safety of the motoring public. • Locations o Locations where allowed for signs under the FSA except such locations where determined inappropriate to ensure safety of the motoring public. Other standards that the States have found helpful to ensure driver safety include a default designed to freeze a of 3 2;1012012 1 1:46 A'