in-20260506-IR-105260114RAA: 105 IAC 9-4-4(13)

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION Regulatory Analysis LSA Document #26-114

I. Description of Rule

The proposed rule seeks to expand the eligible service categories for the specific service (logo) sign program on interstates and freeways to include electronic vehicle (EV) charging service stations, address issues with the priority of the eligible service categories, update eligibility requirements, and extend the grandfather date for nonconforming signs:

II. Fiscal Impact Analysis

INDOT anticipates this proposed rule will not have a significant fiscal impact on the State budget as the logo sign program has a third-party administrator which handles the requests for logo signs and installs and maintains these signs. INDOT further anticipates that this proposed rule will have a slight fiscal impact on State revenues as INDOT receives 15% of the gross commercial advertising charges collected from the program. In 2024, INDOT received $1,243,066.64 from the program. A more detailed estimate of the fiscal impact on the State budget and State revenues is provided below.

III. Impacted Parties

The impacted parties from the proposed rule are facilities that provide EV charging stations and meet the operational requirements of 23 CFR 680.106, or are facilities that plan to provide this service and are located within two (2) miles of an interstate or freeway interchange where logo signs are approved. INDOT anticipates that there will be approximately forty (40) businesses that are either new to the logo sign program or are existing customers that are also eligible to display an EV charging logo panel. Due to capacity constraints, including that no more than twenty-four (24) logo panels may be displayed per direction at an exit and some exits do not have space for four (4) logo signs, INDOT anticipates that the proposed rule could displace approximately six (6) businesses from the logo sign program, since EV charging will have a higher priority than logo signs for food, lodging, camping, and attraction services. The participating businesses in the logo sign program can have lease terms from one (1) to three (3) years; therefore, any displaced businesses will be able to maintain signage for the remainder of their lease term. Owners of electric vehicles will also be impacted. In 2024, there were approximately 34,600 electric vehicles in Indiana. In 2025, it is estimated that 4.3% of new vehicles sold in Indiana were electric, translating to approximately 11,000 electric vehicles sold.

IV. Changes in Proposed Rule

Section Summary of Change Imposed by another source of law? Incorporates an agency standard? Other Comments 105 IAC 9-4-4(13) Adds EV Charging to the definition of a “specific service sign” No No 105 IAC 9-4-5 Updates the title of the Indiana Department of Commerce to its successor agency, the Indiana Destination Development Corporation IC 5-33-3 No 105 IAC 9-4-7(a) Allows specific service (logo) signs at interchanges such as I-70 at SR 641 or I-465 at Crawfordsville Rd where one of the ramps is not freeway-to-freeway. No No See federal MUTCD Section 2J.06, paragraph 2 for additional information 105 IAC 9-4-7(c) Adds EV Charging to the sequence of specific service signs No No See federal MUTCD Section 2J.02, paragraph 3 for additional info 105 IAC 9-4-8 Adds EV Charging to the list of permitted service signs No No See federal MUTCD Section 2J.02, paragraph 3 for additional information 105 IAC 9-4-10(c) Extends the grandfather date for nonconforming signs by ten years from 2027 to 2037 No INDOT Operations Memo 11-01 105 IAC 9-4-10(d) Adds EV Charging to the sequence of specific service signs and adds business rules for displacing lower priority logo panels No No See federal MUTCD Section 2J.02, paragraph 3 for info on EV charging change 105 IAC 9-4-10(e) Increases the acceptable size of logo panels on specific service ramp signs from 24 inches wide to 30 inches wide See federal MUTCD Section 2J.04, paragraph 7 No 105 IAC 9-4-11(a) Adds EV Charging to the sequence of specific service signs for single-exit interchanges No No See federal MUTCD Section 2J.02, paragraph 3 for additional information 105 IAC 9-4-11(b) Adds EV Charging to the sequence of specific service signs for double-exit interchanges No No See federal MUTCD Section 2J.02, paragraph 3 for additional information 105 IAC 9-4-13(b) Eliminates tire repair and pay phone requirements for gas services and renumbers remaining paragraphs No No The Federal Highway Administration (FHWA) recommendation to have pay phones was dropped in the current federal MUTCD. Compare Section 2J.01 in the current MUTCD to the 2009 edition. The tire repair service requirements were also obsolete. 105 IAC 9-4-13(c) Adds applicant qualifications for EV charging logo panels See federal MUTCD Section 2J.01, paragraph 12 No 105 IAC 9-4-13(d) Eliminates pay phone requirements and renumbers remaining paragraphs No No The FHWA recommendation to have pay phones was dropped in the current federal MUTCD. Compare Section 2J.01 in the current MUTCD to the 2009 edition. 105 IAC 9-4-13(e) Eliminates pay phone requirements and renumbers remaining paragraphs No No The FHWA recommendation to have pay phones was dropped in the current federal MUTCD. Compare Section 2J.01 in the current MUTCD to the 2009 edition. 105 IAC 9-4-13(f) Eliminates pay phone requirements and renumbers remaining paragraphs No No The FHWA recommendation to have pay phones was dropped in the current federal MUTCD. Compare Section 2J.01 in the current MUTCD to the 2009 edition. 105 IAC 9-4-13(g) Eliminates pay phone requirements, renumbers remaining paragraphs, and updates the regional shopping center eligibility requirements No No The FHWA recommendation to have pay phones was dropped in the current federal MUTCD. Compare Section 2J.01 in the current MUTCD to the 2009 edition.

V. Benefit Analysis

In 2024 about 34,600 vehicles in Indiana were electric vehicles, and the market share for electric vehicles is expected to increase as the technology matures. Other neighboring states already have a slightly higher market share for electric vehicles. In Illinois, approximately 6.6% of vehicles are electric vehicles, and in Michigan, approximately 8.1% of vehicles are electric vehicles. As drivers of these vehicles travel, there is an opportunity for Indiana businesses to provide motorist services, including EV charging. Moreover, all interstates in Indiana, as well as US 30, US 31, US 41, and US 50, have been designated as alternative fuel corridors for electric vehicles. The MUTCD provides two signing options for EV charging stations: (1) the general service signs that use a generic symbol for EV charging; and (2) the specific service (logo) signs that allow EV charging providers to display brand specific information. The brand specific information is more valuable to drivers, the participating businesses, and INDOT. Drivers often prefer specific brands based on past experience with those businesses, and the businesses benefit from displaying their logo for location awareness by current and future customers. INDOT benefits from using the logo sign program for EV charging, both from the revenue it receives from the program and by avoiding the alternative of having to install generic signage with state funds and resources.

VI. Cost Analysis

For most businesses participating in the logo program, the current cost is $13.61 per day to participate. As a result, it takes only a few customers per day for a participating business to recoup its advertising expenses under the program. In terms of small business participation, many of the EV charging stations are at a location where the site host operates under a franchise business model. Approximately 20 of the 40 businesses that are expected to join the program under the proposed rule are small businesses. A more detailed cost analysis of the proposed rule is provided below:

VII. Sources of Information

The sources relied on for this regulatory analysis were as follows:

VIII. Regulatory Analysis

The following table summarizes the impacts and benefits for each new requirement. Overall, INDOT's determination is that the proposed rule will increase business participation in the program and will generate economic growth at interchange exits. In short INDOT believes that the benefits to the participating businesses in the program outweigh the voluntarily-incurred costs of participation. Summary of Change Anticipated Net Number of New Businesses Participating After Change Estimated Annual Revenue for the Department from the Change Estimated Annual Increased Sales for the Participating Businesses Add EV Charging Category 28 $21,000 $150,000 Updated Bumping Rules 0 $0 $0 Adding Partial System Interchanges 12 $9,000 $75,000 Updated Eligibility Requirements 0 $0 $0 Extend grandfather date for nonconforming signs to 2037 0 $27,000 $200,000 Totals: 40 $57,000 $425,000

IX. Contact Information of Staff to Answer Substantive Questions

Joe Bruno Senior Traffic Engineer INDOT Traffic Engineering Division Phone: (317) 234-7949 Email: jbruno@indot.in.gov Notice of First Public Comment Period: 20260506-IR-105260114FNA Notice of Determination Received: April 15, 2026