Volume XXI RM 02 January 10, 2001 BIA Temporary Rule on Distribution of FY2001 Funds The Bureau of Indian Affairs issued a temporary rule requiring 75 percent of fiscal year 2001 Indian Reservation Roads be distributed to projects on or near Indian reservations using the relative need formula. As in 2000, BIA is using the Federal Highway Administration Price Trends Report for the relative need formula distribution process, with appropriate modifications to address non-reporting states. In this distribution, BIA is reserving up to $19.53 million to allow federally recognized tribes to apply for $35,000 each for administrative capacity building and other eligible transportation activities for FY2001. The temporary rule is effective January 9, 2001 through September 30, 2001. Comments must be received by February 8, 2001. Contact LeRoy Gishi at (202) 208-4359 for further information. (January 9, 2001 Federal Register, page 1576-7) DOT Notice of Reauthorization of Federal Hazmat Law The Department of Transportation is preparing a legislative proposal to reauthorize its hazardous materials transportation safety program. Congress last authorized the program in 1994. In preparing its proposal, DOT is looking for ways to improve the effectiveness of this important safety program. In this notice, DOT is requesting ideas and comments from the public, state and local government, industry, and other interested parties on possible amendments to federal hazardous materials transportation law, which is the statutory basis for the DOT's hazardous materials program. Public ideas and comments will assist DOT in identifying issues that it may address and evaluate as it prepares a draft reauthorization bill. Submit comments by February 26, 2001. For more information, contact Edward Bonekemper III at (202) 366-4400. (January 10, 2001 Federal Register, page 2047) EPA Final Rule on Environmental Program Grants The Environmental Protection Agency issued a final rule that revised and updated requirements in several EPA regulations governing grants to state, interstate, and local government agencies under several environmental programs. The regulation advances ongoing efforts to build more effective state-EPA partnerships and to improve environmental conditions by providing states with increased flexibility to direct resources where they are needed most and to address environmental and public health needs. It updates, clarifies, and streamlines requirements governing environmental program grants and establishes requirements for the Performance Partnership Grant Program. The regulation is effective after February 8, 2001. For more information, contact Michelle McClendon at (202) 564-5357. (January 9, 2001 Federal Register, page 1726) EPA State Implementation Plans Addressed The Environmental Protection Agency took the following actions regarding revisions to State Implementation Plans (SIP): Took final action to find that Nevada failed to make particulate matter (PM-10) nonattainment area SIP submittals required for the Las Vegas Valley Planning Area under the Clean Air Act (CAA). This action triggers the 18-month time clock for mandatory application of sanctions and two-year time clock for a federal implementation plan under the CAA. (January 5, 2001 Federal Register, page 1046) Took final action to find that the Reno (Washoe County) Planning Area (RPA) has not attained the annual and 24-hour PM-10 national ambient air quality standards (NAAQS) by the Clean Air Act (CAA) mandated attainment date for moderate nonattainment areas, December 31, 1994. As a result of this failure to attain, the RPA will be reclassified under CAA section 188(b)(2) by operation of law as a serious nonattainment area on February 7, 2001. The state of Nevada will be required to submit a SIP revision addressing the CAA provisions for serious areas within 18 months of the reclassification. (January 8, 2001 Federal Register, page 1268) Approved Clean Air Act SIP revisions submitted by Maine and New Hampshire for vehicle inspection and maintenance. (January 10, 2001 Federal Register, page 1868, 1871) Proposed to determine that the Pittsburgh-Beaver Valley Ozone Nonattainment Area and the Lancaster Ozone Nonattainment Area have attained the one-hour ozone National Ambient Air Quality Standard (NAAQS). On the basis of this determination, EPA also proposed to determine that certain that certain requirements of the Clean Air Act do not apply to the Pittsburgh area so long as it continues to attain the one-hour NAAQS for ozone. (January 10, 2001 Federal Register, page 1925) FHWA Implementation Guidance Available on Mega Projects The Federal Highway Administration provided notice of the availability of implementation guidance on financial plans for federal highway projects with an estimated total cost of $1 billion or more (mega projects). This guidance provides information and assistance to the states in preparing the annual financial plan for projects as required by section 1305(b) of the Transportation Equity Act for the 21st Century. Comments must be received by March 2, 2001. For more information, contact Carol Jacoby at (202) 366-1561. (January 5, 2001 Federal Register, page 1185) FHWA Final Rule on ITS Architecture and Standards The Federal Highway Administration issued a final rule to implement section 5206(e) of the Transportation Equity Act for the 21st Century, which required Intelligent Transportation System (ITS) projects funded through the highway trust find to conform to the National ITS Architecture and applicable standards. Because it is highly unlikely that the entire National ITS Architecture would be fully implemented by any single metropolitan area or state, this rule requires that the National ITS Architecture be used to develop a local implementation of the National ITS Architecture, which is referred to as a "regional ITS architecture." Therefore, conformance with the National ITS Architecture is defined under this rule as development of a regional ITS architecture within four years after the first ITS project advancing to final design, and the subsequent adherence of ITS projects to the ITS architecture. The regional ITS architecture is based on the National ITS Architecture and consists of several parts, including the system functional requirements and information exchanges with planned and existing systems and subsystems and identification of applicable standards, and would be tailored to address the local situation and ITS investment needs. This final rule is effective February 7, 2001. For more information, contact Bob Rupert at (202) 366-2194. (January 8, 2001 Federal Register, page 1446) FRA Final Rule on Track Safety Standards The Federal Railroad Administration amended the Track Safety Standards to provide procedures for track owners to use Gage Restraint Measuring Systems (GRMS) to assess the ability of their track to maintain proper gage. With the amendment, track owners may monitor gage restraint on a designated track segment using GRMS procedures. The final rule is effective April 10, 2001. For further information, contact Allison H. MacDowell at (202) 493-6236. (January 10, 2001 Federal Register, page 1894) FTA Request for Comments on Best Practices Procurement Manual The Federal Transit Administration asked for input from interested parties on identifying and addressing real and apparent conflicts of interest on contracts involving federal financial assistance. FTA seeks examples of problems and best practices for avoiding and/or dealing with conflicts of interest. Upon consideration of the comments, FTA will issue additional guidance on conflicts of interest for inclusion in the FTA Best Practices Procurement Manual. Comments must be received on or before February 28, 2001. For further information, contact Lucy Jackson at (202) 366- 4980. (January 5, 2001 Federal Register, page 1185-6) FTA Announcement of National ITS Architecture Policy The Federal Transit Administration announced the FTA National ITS Architecture Policy on Transit Projects. The National ITS Architecture Policy is a product of the statutory changes made by the Transportation Equity Act of the 21st Century (see related article). This policy becomes effective February 7, 2001. Contact Ron Boenau at (202) 366-0195 for more information. (January 8, 2001 Federal Register, page 1455) FTA Announcement of National ITS Architecture Policy The Federal Transit Administration announced the FTA National ITS Architecture Policy on Transit Projects. The National ITS Architecture Policy is a product of the statutory changes made by the Transportation Equity Act of the 21st Century (see related article). This policy becomes effective February 7, 2001. Contact Ron Boenau at (202) 366-0195 for more information. (January 8, 2001 Federal Register, page 1455)