[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Notices]
[Pages 43291-43293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20722]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2001-9706]


Outdoor Advertising Control

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Oregon Department of Transportation (ODOT) proposes to 
amend the Highway Beautification Federal/State Agreement dated August 
26, 1974, between the United States of America represented by the 
Secretary of Transportation and the State of Oregon, in order to permit 
the use of tri-vision signs adjacent to routes controlled under Highway 
Beautification Act.

DATES: Comments must be received on or before September 17, 2001.

ADDRESSES: Mail or hand deliver comments for the docket number that 
appears in the heading of this documents to the U.S. Department of 
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh 
Street, SW., Washington, DC 20590-0001, or submit electronically at 
http://dms.dot.gov/submit. All comments should include the docket 
number that appears in the heading of this document. All comments 
received will be available for examination and copying at the above 
address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays. Those desiring notification of receipt of comments 
must include a self-addressed, stamped postcard or you may print the 
acknowledgement page that appears after submitting comments 
electronically.

FOR FURTHER INFORMATION CONTACT: John Burney, Realty Specialist, Office 
of Real Estate Services, HEPR (202) 366-4842; or Mr. Robert Black, 
Office of Chief Counsel, HCC-31, (202) 366-1359, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590. Office 
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit or retrieve comments online through the Document 
Management System (DSM) at: http://dms.dot.gov/submit. Acceptable 
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document

[[Page 43292]]

Format (PDF), and WordPerfect (versions 7 to 8). The DMS is available 
24 hours each day, 365 days each year. Electronic submission and 
retrieval help and guidelines are available under the help section of 
the web site.
    An electronic copy of this document may also be downloaded by using 
a computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may also reach the Office of the Federal 
Register's home page at: http://www.nara.gov/fedreg and the Government 
Printing Office's web page at: http://www.access.gpo.gov/nara.

Background

    The Highway Beautification Act of 1965 (HBA), partially codified at 
23 U.S.C. 131, requires States to provide effective control of outdoor 
advertising in areas adjacent to both the Interstate System and the 
Federal-aid primary system. States must provide effective control as a 
condition of receiving their full apportionment of Federal-aid highway 
funds. Outdoor advertising is permitted in zoned or unzoned commercial 
and industrial areas. In order to promote the reasonable, orderly and 
effective display of outdoor advertising, States entered into 
individual agreements with the Federal Government through the FHWA, 
which established size, spacing, and lighting criteria for signs in 
commercial and industrial areas consistent with customary use in each 
State.
    Among other things, the agreement between Oregon and the FHWA was 
executed August 26, 1974.\1\ The 1974 agreement states that, ``No sign 
shall contain, include or be illuminated by any flashing intermittent, 
revolving, rotating or moving light or lights or moves or has any 
animated or moving parts.''
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    \1\ The agreement between the State of Oregon and the FHWA is 
available on-line through the Document Management System (DMS) at 
the following URL: http://dms.dot.gov under FHWA Docket No. FHWA-
2001-9706.
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    On July 28, 1999, the 70th Oregon Legislative Assembly passed 
Senate Bill 855, which made an exception in Oregon's outdoor 
advertising control law to allow tri-vision signs (1999 Or. Rev. Stat. 
Vol. 9, amending title 31, ORS, chap. 377). Tri-vision signs are 
composed of a series of three-sided rotating slats arranged side by 
side, either horizontally or vertically, that are rotated by an 
electromechanical process, capable of displaying a total of three 
separate and distinct messages, one message at a time. Prior to this 
change, outdoor advertising signs subject to Oregon's law could not 
have moving parts. This change created an exception for the tri-vision 
sign.
    In July 1996, the FHWA issued a policy memorandum \2\ indicating 
that the FHWA will concur with a State that can reasonably interpret 
its State/Federal agreement to allow changeable message signs if such 
interpretation is consistent with State Law. The interpretation is 
limited to conforming signs. Applying updated technology to 
nonconforming signs would be considered a substantial change and 
inconsistent with 23 CFR 750.707(d)(5). Many States allow tri-vision 
signs. The frequency of message change and limitation in spacing for 
these signs is determined by each State.
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    \2\ The 1996 FHWA policy memorandum is available on-line through 
the Document Management System (DMS) at the following URL: http://dms.dot.gov under the FHWA Docket No. FHWA-2001-9706.
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    The State of Oregon is seeking an amendment to its Federal/State 
Agreement to allow tri-vision signs as defined at 1999 ORS Chapter 377. 
The Oregon statute, defines a tri-vision sign as follows:

    ``Tri-Vision sign'' means an outdoor advertising structure that 
contains display surfaces composed of a series of three-sided 
rotating slats arranged side by side, either horizontally or 
vertically, that are rotated by an electromechanical process, 
capable of displaying a total of three separate and distinct 
messages, one message at a time, provided the rotation from one 
message to another message is no more frequent than every eight 
seconds, and the actual rotation process is accomplished in four 
seconds or less. A Tri-Vision sign is, by Oregon statute, three 
signs and is required to have three outdoor advertising permits of 
equivalent type.

    In April 1980, the FHWA adopted a procedure for States to follow in 
order to make changes in the Federal/State agreement. A State must 
first submit its proposed change, along with the reasons for the change 
and the effects of such change, to the FHWA Division Office. The 
division and headquarters offices review and comment on the proposal. 
If the concept is approved, the State must then hold public hearings on 
the proposed change to receive comments from the public. If the State 
then wishes to amend the agreement, it must submit to the FHWA the full 
justification for the change, the record of the hearings, and the 
assessment of the impact. These submissions will be published in the 
Federal Register for comments. Comments on the proposed amended 
agreement will then be evaluated by the FHWA. The FHWA then decides if 
the agreement should be amended as proposed and publishes its decision 
in the Federal Register. An amended agreement will then be sent to the 
State for signature.
    The Oregon Department of Transportation (ODOT) held a public 
hearing on November 8, 2000, regarding its proposal to amend the 
Federal/State agreement. The hearing remained open for written 
testimony through November 15, 2000. Fifteen comments were 
submitted.\3\ Fourteen of the submissions were in favor of the proposed 
amendment; one was opposed. Those in favor of the amendment were from 
Outdoor Advertisers of America, outdoor advertising companies, the 
Oregon State Senate, a private school, a non-profit sports authority, 
the Confederated Tribes of The Grand Ronde Community of Oregon, and The 
Boys and Girls Clubs of Portland Metropolitan Area. Opposition to the 
amendment was from the Oregon Roadside Council.
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    \3\ The fifteen written submissions are available on line 
through the Document Management System (DMS) at http://dms.dot.gov/ 
under FHWA Docket No. FHWA-2001-9706.
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    The Oregon DOT cites several points as justification for the 
proposed revision to the 1974 Federal/State Agreement. The Oregon 
statute was changed to allow tri-visions signs. Prior to that change, 
outdoor advertising signs subject to Oregon's law could not have moving 
parts. The law change made an exception for the tri-vision signs. The 
effects of the amendment are believed to be modest. In the October 31, 
2000, Oregon DOT News Release, Jim Odom of ODOT's Outdoor Advertising 
Program is quoted as saying that, ``Since the signs display three 
messages, the legislature determined that each sign will require three 
permits. In the mid-1970's, Oregon established a cap of approximately 
1,700 permits that would allow billboards visible to State highways. Of 
the 1,700 permits, about 500 remain unused. Each of the tri-vision 
signs will take three of the remaining unused permits out of the 
inventory.'' \4\ Jim Oden, of the Oregon DOT, further states, ``The 
effect of movement of the signs is at a frequency of eight seconds, 
with the transition time between messages at four seconds or less. It 
is believed this frequency minimizes distraction.''
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    \4\ the news release, ``ODOT to hold public heariing on tri-
visioins signs,'' dated October 31, 2000, is available at the 
following URL: htt://www.odot.state.or.us/comm/news/2000103105.htm.
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    Additionally, Jim Oden, further states that, ``Also, a tri-vision 
sign is by Oregon statute three signs. Therefore, such a sign is 
required to have three

[[Page 43293]]

outdoor advertising permits of equivalent type. This was specifically 
made part of Senate Bill 855, as a condition of allowing Tri-Vision 
signs in Oregon, and that being a stated term of the legislation, is 
also understood to be a condition of this amendment \5\.''
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    \5\ See footnote 4.
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    Many States now allow Tri-Vision signs and as Oregon now proposes. 
Therefore, this proposed change in Oregon will not have any 
precedential impact for other States.

The Proposed Change

    The Federal/State Agreement ``For Carrying Out the National Policy 
Relative to Control of Outdoor Advertising in Areas Adjacent to the 
National System of Interstate and Defense Highways and the Federal-Aid 
Primary System'' (the Agreement) made and entered into on August 26, 
1974, between the United States of America represented by the Secretary 
of Transportation acting by and through the Federal Highway 
Administrator and the State of Oregon now reads at Section III: State 
Control, Paragraph A, Lighting (1) as follows:

    No sign shall contain, include or be illuminated by any flashing 
intermittent, revolving, rotating or moving light or lights or moves 
or has any animated or moving parts; however, this paragraph does 
not apply to a traffic control sign or signs providing only public 
information such as time, date, temperature, weather or similar 
information.

    The amended agreement would read as follows:

    No sign shall contain, include or be illuminated by any flashing 
intermittent, revolving, rotating or moving light or lights or moves 
or has any animated or moving parts; however, this paragraph does 
not apply to a traffic control sign or signs providing only public 
information such as time, date, temperature, weather or similar 
information and Tri-vision signs. Tri-vision signs, however, shall 
not contain, include or be illuminated by any flashing intermittent, 
revolving, rotating or moving light or lights. The frequency of 
message change is determined by the State.

    Section I. Definitions. A definition for Tri-vision signs would be 
included in this section as follows:

    Tri-Vision sign--means an outdoor advertising structure that 
contains display surfaces composed of a series of three sided 
rotating slats arranged side by side, either horizontally or 
vertically, that are rotated by an electromechanical process, 
capable of displaying a total of three separate and distinct 
messages, or one message at a time.

    Authority: 23 U.S.C. 131; 23 U.S.C. 315; 49 CFR 1.48.

    Issued on: August 13, 2001.
Vincent F. Schimmoller,
Deputy Executive Director.
[FR Doc. 01-20722 Filed 8-16-01; 8:45 am]
BILLING CODE 4910-22-P