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3 <br /> This Guidance does not prohibit States from adopting more restrictive requirements for <br /> permitting CEVMS to the extent those requirements are not inconsistent with the HBA, <br /> Federal regulations, and existing FSAs. Similarly, Divisions are not required to concur with <br /> State proposed regulations,policies, and procedures if the Division review determines,based <br /> upon all relevant information, that the proposed regulations,policies and procedures are not <br /> consistent with the FSA or do not include adequate standards to address the safety of the <br /> motoring public. If the Division Office has any question that the FSA is being fully <br /> complied with, this should be discussed with the State and a process to change the FSA may <br /> be considered and completed before such CEVMS may be allowed on HBA controlled <br /> routes. The Office of Real Estate Services is available to discuss this process with the <br /> Division, if requested. <br /> If the Division accepts the State's assertions that their FSA permits CEVMS, in reviewing <br /> State-proposed regulations,policy and procedures for acceptability, Divisions should <br /> consider all relevant information, including but not limited to duration of message, transition <br /> time, brightness, spacing, and location, to ensure that they are consistent with their FSA and <br /> that there are adequate standards to address safety for the motoring public. Divisions should <br /> also confirm that the State provided for appropriate public input, consistent with applicable <br /> State law and requirements, in its interpretation of the terms of their FSA as allowing <br /> CEVMS in accordance with their proposed regulations,policies, and procedures. <br /> Based upon contacts with all Divisions, we have identified certain ranges of acceptability that <br /> have been adopted in those States that do allow CEVMS that will be useful in reviewing <br /> State proposals on this topic. Available information indicates that State regulations,policy <br /> and procedures that have been approved by Divisions to date, contain some or all of the <br /> following standards: <br /> • Duration of Message <br /> o Duration of each display is generally between 4 and 10 seconds— 8 seconds is <br /> recommended. <br /> • Transition Time <br /> o Transition between messages is generally between 1 and 4 seconds— 1-2 <br /> seconds is recommended. <br /> • Brightness <br /> o Adjust brightness in response to changes in light levels so that the signs are <br /> not unreasonably bright for the safety of the motoring public. <br /> • Spacing <br /> o Spacing between such signs not less than minimum spacing requirements for <br /> signs under the FSA, or greater if determined appropriate to ensure the safety <br /> of the motoring public. <br /> • Locations <br /> o Locations where allowed for signs under the FSA except such locations where <br /> determined inappropriate to ensure safety of the motoring public. <br />