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Further, as the change of address is economy of $100,000,000 or more; a and adding, in their place, the words imminent, and since a delay in the major increase in costs or prices; or ‘‘P.O. Box 27284’’. effective date of this regulation could significant adverse effects on impede the timely receipt of required competition, employment, investment, § 1313.21 [Amended] reports by the regulated industry, DEA productivity, innovation, or on the 6. Section 1313.21(b) and (e) finds there is good cause to make this ability of United States-based introductory text are amended by final rule effective immediately. companies to compete with foreign- removing the words ‘‘P.O. Box 28346’’ based companies in domestic and and adding, in their place, the words Regulatory Flexibility Act export markets. ‘‘P.O. Box 27284’’. The Deputy Assistant Administrator hereby certifies that this rulemaking has Congressional Review Act § 1313.22 [Amended] been drafted in accordance with the The Drug Enforcement 7. Section 1313.22(e) is amended by Regulatory Flexibility Act (5 U.S.C. Administration has determined that this removing the words ‘‘P.O. Box 28346’’ 605(b)), has reviewed this regulation, action is a rule relating to agency and adding, in their place, the words and by approving it certifies that this procedure and practice that does not ‘‘P.O. Box 27284’’. regulation will not have a significant substantially affect the rights or § 1313.31 [Amended] economic impact on a substantial obligations of non-agency parties and, number of small entities. This final rule accordingly, is not a ‘‘rule’’ as that term 8. Section 1313.31(b) introductory merely changes an address, permitting is used by the Congressional Review Act text is amended by removing the words industry to report to DEA in a timely (Subtitle E of the Small Business ‘‘P.O. Box 28346’’ and adding, in their manner. Regulatory Enforcement Fairness Act of place, the words ‘‘P.O. Box 27284’’. 1996 (SBREFA)). Therefore, the Executive Order 12866 § 1313.32 [Amended] reporting requirement of 5 U.S.C. The Deputy Assistant Administrator Section 801 does not apply. 9. Section 1313.32(b)(1) is amended further certifies that this rulemaking has by removing the words ‘‘P.O. Box been drafted in accordance with the List of Subjects 28346’’ and adding, in their place, the principles in Executive Order 12866 21 CFR Part 1310 words ‘‘P.O. Box 27284’’. Section 1(b). DEA has determined that Drug traffic control, Exports, Imports, Dated: July 16, 2002. this is not a significant rulemaking Laura M. Nagel, action. Therefore, this action has not Reporting and recordkeeping requirements. Deputy Assistant Administrator, Office of been reviewed by the Office of Diversion Control. Management and Budget. 21 CFR Part 1313 [FR Doc. 02–19122 Filed 7–30–02; 8:45 am] Executive Order 12988 Administrative practice and BILLING CODE 4410–09–P This regulation meets the applicable procedure, Drug traffic control, Exports, standards set forth in Sections 3(a) and Imports, Reporting and recordkeeping 3(b)(2) of Executive Order 12988 Civil requirements. DEPARTMENT OF TRANSPORTATION Justice Reform. For the reasons set out above, 21 CFR parts 1310 and 1313 are amended as Federal Highway Administration Executive Order 13132 follows: This rulemaking does not preempt or 23 CFR Part 655 modify any provision of state law; nor PART 1310—[AMENDED] [FHWA Docket No. FHWA–99–6190] does it impose enforcement 1. The authority citation for part 1310 responsibilities on any state; nor does it RIN 2125–AE67 continues to read as follows: diminish the power of any state to Traffic Control Devices on Federal-Aid Authority: 21 U.S.C. 802, 830, 871(b). enforce its own laws. Accordingly, this and Other Streets and Highways; Color rulemaking does not have federalism § 1310.05 [Amended] Specifications for Retroreflective Sign implications warranting the application and Pavement Marking Materials of Executive Order 13132. 2. Section 1310.05(c) is amended by removing the words ‘‘P.O. Box 28346’’ AGENCY: Federal Highway Unfunded Mandates Reform Act of 1995 and adding, in their place, the words Administration (FHWA), DOT. This rule will not result in the ‘‘P.O. Box 27284’’. ACTION: Final rule. expenditure by State, local, and tribal governments, in the aggregate, or by the § 1310.06 [Amended] SUMMARY: The FHWA is revising its private sector, of $100,000,000 or more 3. Section 1310.06(g) is amended by color specifications for retroreflective in any one year, and will not removing the words ‘‘P.O. Box 28346’’ signing materials. The current color significantly or uniquely affect small and adding, in their place, the words specifications used in traffic control governments. Therefore, no actions were ‘‘P.O. Box 27284’’. were developed in the late 1960’s. The deemed necessary under the provisions technological advances in the of the Unfunded Mandates Reform Act PART 1313—[AMENDED] manufacturing of signing and markings of 1995. materials and the measurement of color 4. The authority citation for part 1313 have required the FHWA to revise and Small Business Regulatory Enforcement continues to read as follows: expand the color specifications. This Fairness Act of 1996 Authority: 21 U.S.C. 802, 830, 871(b), 971. revision includes daytime and nighttime This rule is not a major rule as specifications for both assigned and defined by Section 804 of the Small § 1313.12 [Amended] unassigned colors found in the Manual Business Regulatory Enforcement 5. Section 1313.12(b) and (e) on Uniform Traffic Control Devices Fairness Act of 1996. This rule will not introductory text are amended by (MUTCD). The FHWA is adding result in an annual effect on the removing the words ‘‘P.O. Box 28346’’ daytime and nighttime specifications for

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retroreflective pavement marking specifications are found in the appendix will be addressed in the future. While materials. The materials are required to to subpart F of part 655. laboratory studies have indicated that provide the specified colors under the The current specifications for the human observers require fairly small identified measurement protocols color of retroreflective sign sheeting color regions to achieve a high degree of throughout service life. were determined on the basis of agreement (greater than 90 percent) for EFFECTIVE DATE: This final rule is material available nearly 20 years ago. color naming, there have been no effective August 30, 2002. Since then, new microprismatic studies with forced choices. That is, FOR FURTHER INFORMATION CONTACT: For material has been commercially when presented with a variety of 1 technical information: Mr. Ernest available and the original CIE samples spanning colors within a given Huckaby, Office of Transportation Illuminant C has been replaced with CIE color region, responses will vary. Operations (HOTO), (202) 366–9064. Illuminant D65. In addition, an extensive Additional studies are needed wherein For legal information: Mr. Raymond international effort is in progress to the observer is forced to choose between Cuprill, Office of the Chief Counsel specify the nighttime appearance of specified color names to determine if (HCC–40), (202) 366–1377, Federal retroreflective materials. Lastly, samples taken from near the allowable Highway Administration, 400 Seventh expanding the specifications to include color region boundaries might be Street, SW., Washington, D.C. 20590– fluorescent materials is also necessary at mistaken for a neighboring color. 0001. Office hours are from 7:45 a.m. to this time since these materials are used Pending such studies, however, there 4:15 p.m., e.t., Monday through Friday, on several traffic signs. In addition to are no indications that the existing color except Federal holidays. revising the daytime color specifications system should be modified. The color for retroreflective sign sheeting material SUPPLEMENTARY INFORMATION: regions in the final rule are not used primarily for traffic signs, color significantly different from previously Electronic Access specifications for pavement markings defined color regions and should not be This document, the NPRM, and all and markers are included in this changed without substantial indication comments received may be viewed revision. of inadequacy. Several commenters recommended online through the Document Discussion of Comments Management System (DMS) at: http:// that color specifications for the color Interested persons were invited to dms.dot.gov. The DMS is available 24 ‘‘fluorescent red’’ be included in the participate in the development of this hours each day, 365 days each year. specifications. Fluorescent red was not final rule by submitting written or Electronic submission and retrieval help proposed in Tables 3 or 4 of the NPRM and guidelines are available under the electronic comments on the NPRM to and it is beyond the scope of this help section of the web site. FHWA Docket No. FHWA–99–6190 on rulemaking. However, this color will be An electronic copy of this document or before June 21, 2000. The FHWA addressed in future rulemaking, which may also be downloaded by using a received 21 comments to the docket (6 will allow the public the opportunity to computer, modem and suitable from State and local DOTs; 7 from comment on the proposed specification. communications software from the industry; 4 from associations; 3 from The FHWA adopts, with some Government Printing Office’s Electronic institutes/universities; and 1 Federal changes, the proposed Table 1 to Part Bulletin Board Service at (202) 512– agency). The FHWA received significant 655, Subpart F, Daytime Color 1661. Internet users may also reach the comments that included concerns with Specification Limits for Retroreflective Office of the Federal Register’s home the availability and cost of the Material with CIE 2 Degree Standard page at: http://www.nara.gov/fedreg and laboratory equipment used, concerns Observer and 45/0 (0/45) Geometry and the Government Printing Office’s web with the use of illuminant D65 for CIE Standard Illuminant D65. The page at: http://www.access.gpo.gov. evaluating the performance of American Society for Testing and The current color specifications are luminescent for fluorescent materials, Materials (ASTM) sets industry on file at the Office of the Federal the use of luminescent luminance factor standards for defining daytime sign Register, 800 North Capitol Street, NW., (YF) for fluorescent materials. color. It also established a standard 7th Floor, Suite 700, Washington, DC The FHWA believes the amount of addressing color specifications. With 20408, and are available for inspection information presented in the tables few exceptions, Table 1 is the same as and copying at the FHWA, Office of published in the NPRM may be this standard. Transportation Operations, Room 3408, overwhelming in content and confusing. The color specifications for ‘‘white’’ 400 7th St., SW., Washington, DC The FHWA has placed the ‘‘luminance’’ have been adjusted from table 1, 20590, as prescribed in 49 CFR part 7. values in a separate table (i.e., 1a, 3a, proposed in the NPRM, which results in and 5a). It is important for users to a slight enlargement of the color region Background know that these sub-tables should be in all directions. This slightly larger This final rule is based on the read together in order to define the color region will not result in loss of FHWA’s notice of proposed rulemaking correct color requirement. color differentiation between white and (NPRM), Traffic Control Devices on Commenters recommended that other colors as long as differences in the Federal-Aid and Other Streets and FHWA provide the appropriate daytime luminance factors are Highways; Color Specifications for references for types of sheeting material maintained. Retroreflective Sign and Pavement for retroreflective materials. A The color specifications for ‘‘orange’’ Marking Materials, published in the breakdown of sheeting type has been have been adjusted from the proposed Federal Register on December 21, 1999, added as Table 1a. table by adjusting the red border which at 64 FR 71354. All comments received Another concern identified through allows a slightly shorter wavelength hue in response to the NPRM have been several comments was the lack of line than that proposed in the NPRM. considered in adopting this final rule. human factors research related to driver This results in a slightly greater These comments are discussed in the recognition of sign colors. The separation between the red and orange section entitled ‘‘Discussion of discussion of human factors research is color regions which will aid in daytime Comments.’’ beyond the scope of this rulemaking and color recognition. The MUTCD is incorporated by The ‘‘purple’’ color specifications reference in 23 CFR 655.601. The color 1 International Commission on Illumination. have been modified to reflect the colors

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actually in use. Several commenters Material With CIE 2 Degree Standard performance for acceptance or while in pointed out that specifying precise color Observer and Observation Angle of 0.33 service. regions for unassigned colors may be Degrees, Entrance Angle of Plus 5 Table 4 to part 655, Subpart F, premature. Accordingly, a revised color Degrees and CIE Standard Illuminant A, Nighttime Color Specification Limits for region, incorporating both the hues from with very minor changes. The color Fluorescent Retroreflective Material the initial proposal in the NPRM and specifications for the color ‘‘orange’’ With CIE 2 Degree Standard Observer the existing commercial materials, are have been reordered and the two and Observation Angle of 0.33 Degree, recommended. As use of the materials is missing coordinates for the color ‘‘red’’ Entrance Angle of Plus 5 Degrees and further refined, the purple color box have been added. The color ‘‘coral’’ has CIE Standard Illuminant A, is adopted may be optimized or even separated into been removed from the table for reasons with only a slight re-ordering of the x,y two distinct colors. given in the preamble discussion for coordinates for consistency. At present The ‘‘coral’’ and ‘‘yellow-green’’ color Table 1. At present there are no known there are no known instruments specifications have been removed from instruments available for field available for field measurement of this table. Several commenters measurement of nighttime color. nighttime color. mentioned that there are no studies that Table 5 to part 655, Subpart F, indicate yellow-green or coral are The FHWA has adopted Table 3 to Daytime Color Specification Limits for effective signing colors. The FHWA has Part 655, Subpart F, Daytime Color Retroreflective Pavement Marking adopted the color ‘‘fluorescent yellow- Specification Limits for Fluorescent Material With CIE 2 Degree Standard green’’ for use with pedestrian, school, Retroreflective Material With CIE 2 Observer and 45/0 (0/45) Geometry and and bicycle crossing warning signs and Degree Standard Observer and 45/0 (0/ CIE Standard Illuminant D65, is adopted has included color specifications in 45) Geometry and CIE Standard with only a slight re-ordering of the x,y Table 3. Illuminant D65. The contents of Tables coordinates for consistency. The color ‘‘fluorescent coral’’ is being 3 and 4 reflect the general comments Table 5a part 655, Subpart F, Daytime proposed for use in incident received in response to the docket. The Luminance Factors (Percent) for management and is being considered white boundaries for fluorescent colors Retroreflective Pavement Marking under FHWA Docket No. FHWA–2001– have been shifted closer to the Material With CIE 2Degree Standard 11159, published at 67 FR 35850 on chromaticity diagram loci from those Observer and 45/0 (0/45) Geometry and May 21, 2002. positions proposed in the NPRM in CIE Standard Illuminant D65, is added In response to several docket response to comments that color and, for easier recognition, contains the comments, we have removed the color saturation is as important as luminance luminance factors found in the Table 5 ‘‘black’’ from the table. Black sheeting to achieve high conspicuity for colored proposed in the NPRM. The luminance used in traffic control signage is not a materials. factor (Y) for white and yellow retroreflective product. Commercially The FHWA has added Table 3a to Part pavement marking materials proposed available vinyl elastomeric films meet 655, Subpart F, Daytime Luminance in the NPRM were significantly higher all the requirements for a high-contrast Factors (Percent) for Fluorescent than values typically measured on the legend material. Retroreflective Material With CIE 2 National Transportation Product We have added Table 1a to part 655, Degree Standard Observer and 45/0 (0/ Evaluation Program test decks after a Subpart F, Daytime Luminance Factors 45) Geometry and CIE Standard fairly short period of time. The FHWA (percent) for Retroreflective Material deleted the column heading ‘‘Without Illuminant D65, which contains the with CIE 2 Degree Standard Observer luminance factors found in Table 3 Glass Beads’’ as the materials should be and 45/0 (0/45) Geometry and CIE proposed in the NPRM for easier measured in the manner they are Standard Illuminant D65, in order to be recognition. Specifying the intended to be used, which includes the consistent with the format found in requirements for high-conspicuity glass beads. Table 6 to part 655, subpart F, ASTM Standard Specification D4956– (fluorescent) materials by using daytime 2 Nighttime Color Specification Limits for 01 which provides three separate tables luminance factors under CIE Standard Retroreflective Pavement Marking of daytime luminance factors (Y) for Illuminants D and D (analogous to 65 150 Material with CIE 2 Degree Standard retroreflective materials: One for ASTM noontime and twilight) have been Observer, Observation Angle of 1.05 Types I, II, III and VI sheeting; one for extensively discussed with the ASTM. Degrees, Entrance Angle of Plus 88.76 ASTM Types IV, VII, VIII, and IX; and There is disagreement over the use of Degrees and CIE Standard Illuminant A, the third for ASTM Type V sheeting. the fluorescent luminance factor (Y ) as F is adopted in the final rule with a The different manufacturing techniques a material requirement since Y cannot F modification to what was proposed in for the various ASTM types have be measured in the field at this time. As the NPRM to the yellow pavement resulted in varying luminance factors. an interim step, the FHWA is defining marking materials. The proposed ASTM Type V is metallized high-conspicuity materials using a value specifications did not provide sufficient microprismatic retroreflecting material for the daytime luminance factor that separation between yellow and white, used primarily for delineators. This roughly equals 70 percent of the leading to the potential loss of color material is not the predominant daytime MacAdam Limit 3 for a color near the recognition at night. This specification signal, but provides a nighttime signal centroid of the color region. The corrects that problem. for delineation. fluorescent luminance factor (Y ) for The FHWA has adopted Table 2 to F high-conspicuity materials is provided Executive Order 12866 (Regulatory part 655, Subpart F, Nighttime Color as a provision for quality control by Planning and Review) and U.S. DOT Specification Limits for Retroreflective manufacturers, and is not recommended Regulatory Policies and Procedures as a measurement of materials 2 ASTM Standard D4956–01a, Standard The FHWA has determined that this Specification for Retroreflective Sheeting for Traffic action is not a significant regulatory Control. Copies of this standard may be obtained by 3 The MacAdam Limit is the theoretical action within the meaning of Executive contacting ASTM at ASTM International, 100 Barr maximum luminance factor achievable for a Harbor Drive, PO Box C700, West Conshohocken, reflective color under a given illuminant. Values Order 12866 or significant within the PA 19428–2959 or through the ASTM website range from 100 percent, for ideal white, to 0 percent meaning of the U.S. Department of (www.astm.org). for ideal black. Transportation regulatory policies and

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procedures. The economic impact of an economically significant rule and Significantly Affect Energy Supply, this rulemaking will be minimal. does not concern an environmental risk Distribution, or Use. We have Although the new specifications have to health or safety that may determined that it is not a significant been revised to incorporate the latest disproportionately affect children. energy action under that order because research, the basic criteria remain it is not a significant regulatory action Executive Order 13132 (Federalism) essentially the same. These changes will under Executive Order 12866 and is not not adversely affect, in a material way, This action has been analyzed in likely to have a significant adverse effect any sector of the economy. In addition, accordance with the principles and on the supply, distribution, or use of these changes will not interfere with criteria contained in Executive Order energy. Therefore, a Statement of Energy any action taken or planned by another 13132, dated August 4, 1999, and the Effects under Executive Order 13211 is agency and will not materially alter the FHWA has determined that this action not required. budgetary impact of any entitlements, does not have sufficient federalism Regulation Identification Number grants, user fees, or loan programs. implications to warrant the preparation Consequently, a full regulatory of a Federalism assessment. The FHWA A regulation identification number evaluation is not required. has also determined that this action will (RIN) is assigned to each regulatory not preempt any State law or State action listed in the Unified Agenda of Regulatory Flexibility Act regulation or affect the States’ ability to Federal Regulations. The Regulatory In compliance with the Regulatory discharge traditional State governmental Information Service Center publishes Flexibility Act (5 U.S.C. 601–612), the functions. the Unified Agenda in April and FHWA has evaluated the effects of this October of each year. The RIN contained Executive Order 12372 action on small entities and has in the heading of this document can be (Intergovernmental Review) determined that this action will not used to cross reference this action with have a significant economic impact on Catalog of Federal Domestic the Unified Agenda. a substantial number of small entities. Assistance Program Number 20.205, List of Subjects in 23 CFR Part 655 As stated above, although the FHWA Highway Planning and Construction. has amended this final rule to The regulations implementing Executive Design standards, Grant programs— incorporate the latest research, the basic Order 12372 regarding transportation, Highways and roads, criteria remain essentially the same. For intergovernmental consultation on Incorporation by reference, Signs, these reasons, the FHWA certifies that Federal programs and activities apply to Traffic regulations. this action will not have a significant this program. Issued on: July 23, 2002. economic impact on a substantial Paperwork Reduction Act Mary E. Peters, number of small entities. Under the Paperwork Reduction Act Federal Highway Administrator. Unfunded Mandates Reform Act of of 1995 (PRA) (44 U.S.C. 3501, et seq.), In consideration of the foregoing, the 1995 Federal agencies must obtain approval FHWA is amending title 23, Code of This rule will not impose unfunded from the Office of Management and Federal Regulations, part 655, as set mandates as defined by the Unfunded Budget (OMB) for each collection of forth below: information they conduct, sponsor, or Mandates Reform Act of 1995 (Pub. L. PART 655—[AMENDED] 104–4, March 22, 1995, 109 Stat. 48). require through regulations. The FHWA This rule will not result in the has determined that this action does not 1. The authority citation for part 655 expenditure by State, local, and tribal contain collection of information continues to read as follows: governments, in the aggregate, or by the requirements for the purposes of the Authority: 23 U.S.C. 101(a), 104, 109(d), private sector, of $100 million or more PRA. 114(a), 217, 315, and 402(a); 23 CFR 1.32; in any one year (2 U.S.C. 1531 et seq). National Environmental Policy Act and 49 CFR 1.48(b). Executive Order 12630 (Taking of The FHWA has analyzed this action 2. Revise the appendix to subpart F to Private Property) for the purpose of the National read as follows: This rule will not effect a taking of Environmental Policy Act of 1969 (42 Appendix to Subpart F of Part 655— private property or otherwise have U.S.C. 4321 et seq.) and has determined Alternate Method of Determining the taking implications under Executive that this action will not have any effect Color of Retroreflective Sign Materials Order 12630, Governmental Actions and on the quality of the environment. and Pavement Marking Materials Interface with Constitutionally Executive Order 13175 (Tribal 1. Although the FHWA Color Tolerance Protected Property Rights. Consultation) Charts depreciate the use of spectrophotometers or accurate tristimulus Executive Order 12988 (Civil Justice The FHWA has analyzed this action Reform) colorimeters for measuring the daytime color under Executive Order 13175, dated of retroreflective materials, recent testing has This action meets applicable November 6, 2000, and believes that it determined that 0/45 or 45/0 standards in sections 3(a) and 3(b)(2) of will not have substantial direct effects spectroradiometers and tristimulus Executive Order 12988, Civil Justice on one or more Indian tribes; will not colorimeters have proved that the Reform, to minimize litigation, impose substantial direct compliance measurements can be considered reliable and eliminate ambiguity, and reduce costs on Indian tribal governments; and may be used. burden. will not preempt tribal law. Therefore, 2. The daytime color of non-fluorescent a tribal summary impact statement is retroreflective materials may be measured in Executive Order 13045 (Protection of accordance with ASTM Test Method E1349, not required. Children) ‘‘Standard Test Method for Reflectance Executive Order 13211 (Energy Effects) Factor and Color by Spectrophotometry We have analyzed this action under Using Bidirectional Geometry’’ or ASTM Test Executive Order 13045, Protection of We have analyzed this rule under Method E 1347 (Replaces E97), ‘‘Standard Children from Environmental Health Executive Order 13211, Actions Test Method for Color and Color-Difference Risks and Safety Risks. This rule is not Concerning Regulations That Measurement by Tristimulus (Filter)

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Colorimetry.’’ The latter test method fluorescent luminous factor must be 6. The following nine tables depict the specified bidirectional geometry for the determined using bispectral fluorescent 1931 CIE Chromaticity Diagram x and y measurement of retroreflective materials. The colorimetry. Commercial instruments are coordinates for the corner points defining the geometric conditions to be used in both test available which allow such determination. recommended color boxes in the diagram and methods are 0/45 or 45/0 circumferential Some testing laboratories are also equipped the daytime luminance factors for those illumination or viewing. Uniplanar geometry to perform these measurements. colors. Traffic control materials shall is not recommended for material types IV or 4. For nighttime measurements CIE maintain the colors and luminance factors higher (designated microprismatic). The CIE provided in the appropriate tables Standard Illuminant A shall be used in standard illuminant used in computing the throughout service. Lines drawn between computing the colorimetric coordinates and colorimetric coordinates shall be D65 and the these corner points specify the limits of the 2 Degree Standard CIE observer shall be used. the 2 Degree Standard CIE Observer shall be chromaticity allowed in the 1931 3. For fluorescent retroreflective materials used. Chromaticity Diagram. Color coordinates of ASTM E991 may be used to determine the 5. Average performance sheeting is samples that lie within these lines are chromaticity provided that the D65 identified as Types I and II sheeting and high acceptable. For blue and green colors the illumination meets the requirements of E performance sheeting is identified as Type spectrum locus is the defining limit between 991. This practice, however, allows only the III. Super-high intensity sheeting is identified the corner points located on the spectrum total luminous factor to be measured. The as Types V, VI, and VII in ASTM D 4956. locus:

TABLE 1 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65.

Chromaticity Coordinates Color 1 2 3 4 x y x y y x x y

White ...... 0.303 0.300 0.368 0.366 0.340 0.393 0.274 0.329 Red ...... 0.648 0.351 0.735 0.265 0.629 0.281 0.565 0.346 Orange ...... 0.558 0.352 0.636 0.364 0.570 0.429 0.506 0.404 Brown ...... 0.430 0.340 0.430 0.390 0.518 0.434 0.570 0.382 Yellow ...... 0.498 0.412 0.557 0.442 0.479 0.520 0.438 0.472 Green ...... 0.026 0.399 0.166 0.364 0.286 0.446 0.207 0.771 Blue ...... 0.078 0.171 0.150 0.220 0.210 0.160 0.137 0.038 Light Blue ...... 0.180 0.260 0.240 0.300 0.270 0.260 0.230 0.200 Purple ...... 0.300 0.064 0.320 0.200 0.550 0.300 0.600 0.202

TABLE 1ATOAPPENDIX TO PART 655, SUBPART F—DAYTIME LUMINANCE FACTORS (%) FOR RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65.

Daytime Luminance Factor (Y %) by ASTM Type Color Types I, II, III and VI Types IV, VII, and VIII Type V Minimum Maximum Minimum Maximum Minimum Maximum

White ...... 27 ...... 40 ...... 15 ...... Red ...... 2.5 12 3.0 15 2.5 11 Orange ...... 14 30 12 30 7.0 25 Brown ...... 4.0 9.0 1.0 6.0 1.0 9.0 Yellow ...... 15 45 24 45 12 30 Green ...... 3.0 9.0 3.0 12 2.5 11 Blue ...... 1.0 10 1.0 10 1.0 10 Light Blue...... 12 40 18 40 8.0 25 Purple ...... 2.0 10 2.0 10 2.0 10

TABLE 2 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE MA- TERIAL WITH CIE 2° STANDARD OBSERVER AND OBSERVATION ANGLE OF 0.33°, ENTRANCE ANGLE OF +5° AND CIE STANDARD ILLUMINANT A.

Chromaticity Coordinates Color 1 2 3 4 x y xy x y x y

White ...... 0.475 0.452 0.360 0.415 0.392 0.370 0.515 0.409 Red ...... 0.650 0.348 0.620 0.348 0.712 0.2550 0.735 0.265 Orange ...... 0.595 0.405 0.565 0.405 0.613 0.355 0.643 0.355 Brown ...... 0.595 0.405 0.540 0.405 0.570 0.365 0.643 0.355 Yellow ...... 0.513 0.487 0.500 0.4700 0.545 0.425 0.572 0.425 Green ...... 0.007 0.570 0.200 0.500 0.322 0.590 0.193 0.782 Blue ...... 0.33 0.370 0.180 0.370 0.230 0.240 0.091 0.133

Light Blue ...... Chromaticity coordinates are yet to be determined.

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TABLE 2 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE MA- TERIAL WITH CIE 2° STANDARD OBSERVER AND OBSERVATION ANGLE OF 0.33°, ENTRANCE ANGLE OF +5° AND CIE STANDARD ILLUMINANT A.—Continued

Chromaticity Coordinates Color 1 2 3 4 x y xy x y x y

Purple ...... Chromaticity coordinates are yet to be determined. Note: Materials used as High-Conspicuity, Retroreflective Traffic Signage Materials shall meet the requirements for Daytime Color Specifica- tion Limits, Daytime Luminance Factors and Nighttime Color Specification Limits for Fluorescent Retroreflective Material, as described in Tables 3, 3a, and 4, throughout the service life of the sign.

TABLE 3 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR FLUORESCENT RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65.

Chromaticity Coordinates Color 1 2 3 4

x y x y x y x y

Fluorescent Orange ...... 0.583 0.416 0.535 0.400 0.595 0.351 0.645 0.355 Fluorescent Yellow ...... 0.479 0.520 0.446 0.483 0.512 0.421 0.557 0.442 Fluorescent Yellow-Green ...... 0.387 0.610 0.369 .546 .428 .496 0.460 0.540 Fluorescent Green ...... 0.210 0.770 0.232 0.656 0.320 0.590 0.320 0.675

TABLE 3ATOAPPENDIX TO PART 655, SUBPART F—DAYTIME LUMINANCE FACTORS (%) FOR FLUORESCENT RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65.

Luminance Factor Limits (Y) Color Min Max YF*

Fluorescent Orange ...... 25 None 15 Fluorescent Yellow ...... 45 None 20 Fluorescent Yellow-Green ...... 60 None 20 Fluorescent Green ...... 20 30 12 *Fluorescence luminance factors (YF) are typical values, and are provided for quality assurance purposes only. YF shall not be used as a measure of performance during service.

TABLE 4 TO APPENDIX TO PART 655, SUBPART F—NIGHTTIME COLOR SPECIFICATION LIMITS FOR FLUORESCENT RETROREFLECTIVE MATERIAL WITH CIE 2° STANDARD OBSERVER AND OBSERVATION ANGLE OF 0.33°, ENTRANCE ANGLE OF +5° AND CIE STANDARD ILLUMINANT A.

Chromaticity Coordinates Color 1 2 3 4 x y x y x y x y

Fluorescent Orange...... 0.625 0.375 0.589 0.376 0.636 0.330 0.669 0.331 Fluorescent Yellow...... 0.554 0.445 0.526 0.437 0.569 0.394 0.610 0.390 Fluorescent Yellow-Green...... 0.480 0.520 0.473 0.490 0.523 0.440 0.550 0.449 Fluorescent Green...... 0.007 0.570 0.200 0.500 0.322 0.590 0.193 0.782

TABLE 5 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE PAVE- MENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD IL- LUMINANT D65.

Chromaticity Coordinates Color 1 2 3 4 x y x y x y x y

White ...... 0.355 0.355 0.305 0.305 0.285 0.325 0.335 0.375 Yellow ...... 0.560 0.440 0.490 0.510 0.420 0.440 0.460 0.400

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TABLE 5 TO APPENDIX TO PART 655, SUBPART F—DAYTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE PAVE- MENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD IL- LUMINANT D65.—Continued

Chromaticity Coordinates Color 1 2 3 4 x y x y x y x y

Red ...... 0.480 0.300 0.690 0.315 0.620 0.380 0.480 0.360 Blue ...... 0.105 0.100 0.220 0.180 0.200 0.260 0.060 0.220

TABLE 5ATOPART 655, SUBPART F—DAYTIME LUMINANCE FACTORS (%) FOR RETROREFLECTIVE PAVEMENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER AND 45/0 (0/45) GEOMETRY AND CIE STANDARD ILLUMINANT D65.

Luminance Factor (Y%) Color Minimum Maximum

White ...... 35 Yellow ...... 25 Red ...... 6 15 Blue ...... 5 14

TABLE 6 TO APPENDIX TO PART 655, SUBPART F—NIGHTIME COLOR SPECIFICATION LIMITS FOR RETROREFLECTIVE PAVE- MENT MARKING MATERIAL WITH CIE 2° STANDARD OBSERVER, OBSERVATION ANGLE OF 1.05°, ENTRANCE ANGLE OF +88.76° AND CIE STANDARD ILLUMINANT A.

Chromaticity Coordinates Color 1 2 3 4 x y x y x y x y

White ...... 0.480 0.410 0.430 0.380 0.405 0.405 0.455 0.435 Yellow ...... 0.575 0.425 0.508 0.415 0.473 0.453 0.510 0.490 Note: Luminance factors for retroreflective pavement marking materials are for materials as they are intended to be used. For paint products, that means inclusion of glass beads and/or other retroreflective components.

[FR Doc. 02–19140 Filed 7–30–02; 8:45 am] leaf of the bridge from 9:30 a.m. until August 1, 2002. This temporary BILLING CODE 4910–22–P 3:30 p.m., from July 29, 2002 until deviation from the existing bridge August 1, 2002 to complete emergency regulations is necessary to effect repairs to the bascule leaves. emergency repairs to the bascule leaves. DEPARTMENT OF TRANSPORTATION DATES: This deviation is effective from The Flagler Memorial bridge has a 9:30 a.m. on, July 29, 2002 until 3:30 horizontal clearance of 40 feet between Coast Guard p.m. on August 1, 2002. the fender and the single down span. ADDRESSES: Material received from the The District Commander has granted 33 CFR Part 117 public, as well as comments indicated a temporary deviation from the in this preamble as being available in operating requirements listed in 33 CFR [CGD07–02–094] the docket, are part of docket [CGD07– 117.5 to allow the owner to complete 02–094] and are available for inspection Drawbridge Operation Regulations; emergency repairs to the bascule leaves. or copying at Commander (obr), Seventh Flagler Memorial, Atlantic Intracoastal Coast Guard District, 909 S.E. 1st Under this deviation, the Flagler Waterway, Palm Beach, Palm Beach Avenue, Room 432, Miami, FL 33131 Memorial bridge need only open a County, FL between 8 a.m. and 4 p.m., Monday single leaf of the bridge from 9:30 a.m. until 3:30 p.m., from July 29, 2002 until AGENCY: Coast Guard, DOT. through Friday, except Federal holidays. August 1, 2002. ACTION: Notice of temporary deviation FOR FURTHER INFORMATION CONTACT: Mr. from regulations. Barry Dragon, Chief, Operations Section, Dated: July 24, 2002. Seventh Coast Guard District, Bridge Greg Shapley, SUMMARY: The Commander, Seventh Branch at (305) 415–6743. Chief, Bridge Administration, Seventh Coast Coast Guard District, has approved a SUPPLEMENTARY INFORMATION: The Guard District. deviation from the regulations Florida Department of Transportation [FR Doc. 02–19356 Filed 7–30–02; 8:45 am] governing the operation of the new requested on July 22, 2002, that the BILLING CODE 4910–15–P Flagler Memorial bridge across the Coast Guard temporarily allow the Atlantic Intracoastal Waterway in Palm Flagler Memorial bridge to only open a Beach, Florida. This deviation allows single leaf of the bridge from 9:30 a.m. the drawbridge owner to only open one until 3:30 p.m., from July 29, 2002 until

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