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Federal Register/Vol. 67, No. 147/Wednesday, July 31, 2002/Rules and Regulations Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / Rules and Regulations 49569 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 VerDate Jul<25>2002 10:13 Jul 30, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM pfrm17 PsN: 31JYR1 49570 Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / Rules and Regulations 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.
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