I 

112TH CONGRESS 

1ST SESSION H. R. 3536 

To direct the Secretary of Transportation to delay certain target compliance 

dates for minimum retroreflectivity level standards applicable to traffic 

signs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2011 

Mr. JOHNSON of Georgia (for himself, Mr. BARLETTA, Mr. FILNER, Mr. 

HOLT, Mr. CARNAHAN, Mr. LEWIS of Georgia, Mr. STARK, Mr. ALTMIRE, Mr. RANGEL, Ms. PINGREE of Maine, and Mr. BISHOP of New 

York) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To direct the Secretary of Transportation to delay certain 

target compliance dates for minimum retroreflectivity 

level standards applicable to traffic signs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Roads for Amer5 ica Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) An individual who is 65 years of age needs 

2 4 times the amount of light to see at night as com3 pared to an individual who is 25 years of age. 

4 (2) The AAA Foundation for Traffic Safety 

5 projects that by 2030 1 in every 4 drivers will be 65 

6 years of age or older. 

7 (3) Increasing the retroreflectivity and size of 

8 traffic signs provides added decision time for older 

9 drivers. 

10 (4) Increasing the retroreflectivity and size of 

11 traffic signs also provides for faster response time by 

12 emergency medical technicians and police and fire 

13 personnel by increasing their ability to read and un14 derstand signs and reduce travel time to a site. 

15 (5) More than 50 percent of traffic accidents 

16 resulting in fatalities occur at night, and increased 

17 retroreflectivity of traffic signs addresses this issue. 

18 (6) In 2007, the following deadlines were estab19 lished in the Manual on Uniform Traffic Control 

20 Devices in response to a statutory requirement from 

21 Congress: 

22 (A) By January 22, 2012, roadway owners 

23 must adopt a plan to ensure that their signs 

24 meet minimum levels of retroreflectivity. 


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1 (B) By January 22, 2015, regulatory and 

2 warning signs and post-mounted signs must 

3 meet minimum levels of retroreflectivity. 

4 (C) By January 22, 2018, overhead and 

5 street name signs must meet minimum levels of 

6 retroreflectivity. 

7 (7) The Federal Highway Administration has 

8 estimated that the cost for making these 

9 retroreflectivity improvements for signage through10 out the United States is $37,000,000 over a 10-year 

11 period. 

12 (8) At no point must a roadway owner replace 

13 a sign that meets the minimum levels of 

14 retroreflectivity. 

15 (9) The United States is currently experiencing 

16 the worst economic conditions since the Great De17 pression. 

18 (10) As a result, local governments across the 

19 United States are experiencing one of the most eco20 nomically challenging times in history, with available 

21 revenues unable to match the costs of services de22 manded by the public. 

23 (11) To compensate for depressed revenue col24 lections during the economic downturn, counties and 

25 cities are adopting severe cost-cutting measures, 


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1 such as laying off and furloughing employees (in2 cluding public safety personnel), cancelling or post3 poning planned capital improvements, deferring nec4 essary maintenance, cutting equipment inventories, 

5 and in some cases declaring bankruptcy. 

6 (12) The costs of employee benefits continue to 

7 rise and local governments have to devote more re8 sources to keep up with inflation. 

9 (13) States are passing along the costs of serv10 ices to local governments as a method to balance 

11 their budgets. 

12 (14) The outlook for recovery appears to be at 

13 least 5 years away given that, even when the econ14 omy recovers, local governments experience a delay 

15 in increased tax collections due to the nature of 

16 property tax collections. 

17 SEC. 3. RETROREFLECTIVITY LEVEL STANDARDS APPLICA18 BLE TO TRAFFIC SIGNS. 

19 (a) IN GENERAL.—The Secretary of Transportation 

20 shall modify the target compliance dates for minimum 

21 retroreflectivity level standards set forth in section 2A.08 

22 of the Manual on Uniform Traffic Control Devices for 

23 Streets and Highways, 2009 Edition (incorporated by ref24 erence in subpart F of part 655 of title 23, Code of FedVerDate Mar 15 2010 03:59 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536

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1 eral Regulations) so that the following target compliance 

2 dates apply: 

3 (1) A target compliance date of January 22, 

4 2012, for implementation and continued use of an 

5 assessment or management method that is designed 

6 to maintain traffic sign retroreflectivity at or above 

7 the established minimum levels. 

8 (2) A target compliance date of January 22, 

9 2018, for replacement of regulatory, warning, and 

10 post-mounted guide (except street name) signs that 

11 are identified using the assessment or management 

12 method as failing to meet the established minimum 

13 levels. 

14 (3) A target compliance date of January 22, 

15 2021, for replacement of street name signs and over16 head guide signs that are identified using the assess17 ment or management method as failing to meet the 

18 established minimum levels. 

19 (b) EFFECT ON PROPOSED REGULATIONS.—The 

20 Secretary shall revise the notice of proposed amendments 

21 published in the Federal Register on August 31, 2011 (76 

22 Fed. Reg. 54156), to incorporate the target compliance 

23 dates specified in subsection (a). 

24 (c) FUNDING.—The Secretary may use funds avail25 able to the Secretary to carry out this section notwithVerDate Mar 15 2010 03:59 Dec 02, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3536.IH H3536

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1 standing any funding limitation enacted before the date 

2 of enactment of this Act. 

3 SEC. 4. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

4 (a) HIGHWAY SIGNS AND PAVEMENT MARKINGS.— 

5 Section 148(a)(3)(B)(xi) of title 23, United States Code, 

6 is amended to read as follows: 

7 ‘‘(xi) Installation, replacement, and 

8 upgrade of highway signs and pavement 

9 markings, including any upgrade of mate10 rials and the implementation of any assess11 ment or management method designed to 

12 meet a State-established performance 

13 standard, Federal regulation, or require14 ment contained in the Manual on Uniform 

15 Traffic Control Devices relating to min16 imum levels of retroreflectivity.’’. 

17 (b) MAINTAINING MINIMUM LEVELS OF

18 RETROREFLECTIVITY.— 

19 (1) DEFINITION.—Section 148(a) of such title 

20 is amended by adding at the end the following: 

21 ‘‘(7) PROJECT TO MAINTAIN MINIMUM LEVELS

22 OF RETROREFLECTIVITY.—The term ‘project to 

23 maintain minimum levels of retroreflectivity’ means 

24 a project undertaken pursuant to the Manual on 

25 Uniform Traffic Control Devices requiring public 


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1 agencies to use an assessment or management meth2 od that is designed to maintain highway sign or 

3 pavement marking retroreflectivity at or above pre4 scribed minimum levels.’’. 

5 (2) ELIGIBLE PROJECTS.—Section 148(d)(1) of 

6 such title is amended— 

7 (A) by striking ‘‘or’’ at the end of subpara8 graph (A); 

9 (B) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (C) by inserting after subparagraph (A) 

12 the following: 

13 ‘‘(B) any project to maintain minimum lev14 els of retroreflectivity on a public road, whether 

15 or not such project is included in the State 

16 strategic highway safety plan; or’’. 

17 (3) INCREASED FEDERAL SHARE.—The first 

18 sentence of section 120(c)(1) of such title is amend19 ed by inserting ‘‘maintaining minimum levels of 

20 retroreflectivity of highway signs or pavement mark21 ings,’’ after ‘‘signalization,’’. 

22 (c) STANDARDS FOR PROJECTS TO UPGRADE HIGH23 WAY SIGNS AND PAVEMENT MARKINGS.—Section 148 of 

24 such title is amended by adding at the end the following: 


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1 ‘‘(i) STANDARDS FOR PROJECTS TO UPGRADE HIGH2 WAY SIGNS AND PAVEMENT MARKINGS.—The Secretary 

3 shall issue standards for the use of funds apportioned to 

4 a State under section 104(b)(5) for highway safety im5 provement projects to upgrade highway signs and pave6 ment markings in order to meet or exceed minimum main7 tained levels of retroreflectivity. Such standards shall en8 sure that the projects are carried out so as to meet defined 

9 criteria, consistent with other safety upgrades, using a 

10 systematic approach. Such standards shall permit the use 

11 of the funds for an initial upgrade of highway signs and 

12 pavement markings in the State, but shall prohibit the 

13 funds from being used for maintenance activities.’’. 

Æ 


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