I 111th CONGRESS 2d Session H. R. 5245 IN THE HOUSE OF REPRESENTATIVES May 6, 2010 Mr. Holden (for himself and Mr. Shuster) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish minimum standards for engineered glass beads used in reflective markings.

1.

Short title

This Act may be cited as the Safe Highway Markings Act of 2010.

2.

Minimum standards for engineered glass beads used in reflective markings

(a)

Amendment

Chapter 3 of title 23, United States Code, is amended by adding after section 329 the following new section:

330.

Minimum standards for engineered glass beads used in reflective markings

(a)

Minimum standards

(1)

In general

Subject to paragraph (2), a State that receives funds under this title shall ensure that any new application of reflective markings, on or along any road or highway, shall be made from a binder that has been mixed, in whole or in part, with engineered glass beads. Such beads may not contain more than 200 parts per million arsenic, as determined by the Environmental Protection Agency Method 6010C in conjunction with the Environmental Protection Agency Method 3052 modified. (2)

Failure to comply

The Secretary of Transportation, acting through the Administrator of the Federal Highway Administration, shall withhold up to 5 percent of the amount required to be apportioned to a State under section 104(b) (1), (3), and (4) of title 23 on the first day of the fiscal year beginning after September 30, 2011, throughout which the State does not comply substantially with a requirement of this section. (3)

Availability for apportionment

Amounts withheld under this section from apportionment to a State after September 30, 2011, are not available for apportionment to the State. (b)

Definitions

In this section: (1)

Engineered glass beads

The term engineered glass beads means glass beads produced to meet retroreflectivity and durability performance based on the following properties: (A)Size distribution (bead size distribution ranges between 100 U.S. Mesh to 14 U.S. Mesh) exposes at least 35 percent of the diameter of the glass beads above the dry paint surface with remaining glass embedded into the paint. (B)Surface functional coating ensures that the inorganic composition of the glass bead surface is compatible with the organic composition of the paint formulation to achieve adequate bead-paint adhesion. (C)Refractive index of the glass bead provides the required light refraction characteristics that will enable adequate retroreflectivity performance (refractive index in the 1.50 to 1.60 range) required for the application. (D)Mechanical properties of the glass bead allow adequate strength (compressive strength of at least 30,000 pounds per square inch) to withstand the conditions in the roadways. (E)Chemical make of the glass beads (soda-lime-silica based chemistry) allows the use of environmentally acceptable recycled glass types, such as flat and container type glasses, as the main raw material in the manufacturing process. (2)

Reflective marking

The term reflective marking means a system composed of pigmented binders, including paint, thermoplastic, and epoxy, that is applied at a predefined thickness onto the pavement surface with glass beads mixed into or dropped onto the binder at a predefined surface coverage rate.

. (b)

Conforming amendment

The analysis for chapter 3 of title 23 is amended by adding after the item relating to section 329 the following: 330. Minimum standard for engineered glass beads used in reflective markings. .

3.

Effective date

This Act and the amendments made by this Act shall become effective 90 days after the date of enactment of this Act.