MAP-21-related Federal Register Notices and preliminary documents

Federal Register website (official daily publication: notices of rules, proposed rules, etc.) (federal dockets: notices plus comments)

Comment/application period still open:
(listed by date and general subject)
  • July 22, 2014 FRN: FTA passenger ferry project awards (no Iowa but does include a new Channel Cat ferryboat terminal in Moline, Ill)
    No request for comments/deadlines
    FTA – announcement of projects awarded funds under the FTA’s passenger ferry program for FY 2013 and 2014. This program was created by MAP-21 as a set-aside from Sec. 5307. No Iowa projects are listed (not sure whether or not any Iowa applications were submitted). However, the Rock Island County Metropolitan Mass Transit District received $756,350 for a new Channel Cat passenger ferryboat terminal on the Mississippi River.

  • June 12, 2014 FRN: software to link injury data with vehicle location, etc.
    Comments due Aug. 11, 2014
    NHTSA – In a March 11 notice (performance measures for HSIP), FHWA recommended that states be ready, by Jan. 1, 2020, to use a system that ties together “injury outcomes from medical records” to crash reports. Injury data enables researchers and policymakers to link the degree of severity, etc., to the cause. However, this data is usually scattered in separate databases that are difficult to link. This notice is asking for comments and information from the public, private and academic sectors on the potential development of software that would link the datasets together.

  • June 2, 2014 FRN: proposed rule addressing planning, project delivery
    Comments due Sept. 2, 2014
    FHWA and FTA – jointly proposed rule addressing many MAP-21 changes to planning statutes, and project delivery (through programmatic mitigation and linking planning and NEPA).

  • May 28, 2014 FRN: extend comment period re. changes to HSIP (removing High Risk Rural Roads, etc.)
    No request for comments/deadlines
    FTA and FHWA – joint guidance on implementing MAP-21 provisions requiring that public transit providers be represented in each MPO that serves an area designated as a Transportation Management Area (population over 200,000). MAP-21 requires this representation by Oct. 1, 2014. Since rulemaking on this has just been proposed (as part of the above NPRM), the two agencies are issuing this guidance.

  • May 13, 2014 FRN: coercion of CMV drivers
    Comments due August 11, 2014
    FMCSA – request for comments on proposed regulations required by MAP-21 to prohibit coercing a driver to operate a motor vehicle in violation of rules such as Hours of Service, establish the procedures for drivers reporting incidents of coercion, etc.

Due date passed or no due date
In some cases, comments and applications are accepted after the due date has passed (listed by date and general subject)

First quarter - 2014

  • March 31, 2014 FRN: guidance re. project delivery penalties for federal agencies
    No request for comments/deadlines
    FHWA/FTA – notice and guidance for FHWA and FTA personnel regarding Sec. 1306 of MAP-21. This section: 1) requires a 180-day deadline for certain decisions by federal “reviewing agencies” (such as Fish and Wildlife Service) regarding whether or not a project can go forward; and 2) sets the financial penalties for those agencies if the deadline is missed. As an alternative, FHWA/FTA can certify that the “reviewing agency” missed the deadline through no fault of its own – e.g. because a decision by another agency, such as a State Historic Preservation Office, has not yet been made.

  • March 28, 2014 FRN: changes to HSIP due to MAP-21
    Comments due May 27, 2014 June 30, 2014 (see May 28 notice)
    FHWA – amends DOT regulations to address MAP-21 provisions that remove: the requirement for Transparency Reports; the set-aside for High Risk Rural Roads; and the 10% funding flexibility. Also addresses provisions that require: state use of a certain subset of roadway data elements; State Strategic Highway Safety Plan updates, and state development of HSIP performance targets. Clarifies regulations regarding state highway safety improvement programs.

  • March 27, 2014 FRN: correction re. Sec. 5337 comment deadline
    Correct deadline for comments on Sec. 5337 circular: May 2, 1014 (see March 3 notice)
    FTA – notice that the deadline for comments on March 3 notice re. Sec. 5337 (State of Good Repair) was in error. The correct deadline is May 2, 2014.

  • March 11, 2014 FRN: performance measures for HSIP
    Comments due June 9, 2014 June 30, 2014 (see May 28 notice)
    FHWA – proposal to establish measures for state DOTs to use in connection with Highway Safety Improvement Program funding.

  • March 10, 2014 FRN: extend deadline for low or no emission vehicle deployment program
    New deadline for applications: April 10, 2014 (see Jan. 9, 2014 notice)
    FTA – due to high public interest, and technical questions received, FTA is extending the deadline for applications to April 10, 2014 (originally March 10, 2014).

  • March 3, 2014 FRN: proposed guidance and application instructions for Sec. 5337 grants
    Comments due April 2, 2014 May 2, 2014 (see Mar. 27 notice)
    FTA – Summary of the proposed circular, and the website address for the proposed circular itself:

  • March 3, 2014 FRN: TIGER 2014
    Applications due April 28, 2014
    OST – Similar to 2013, except: 1) prioritizes projects that connect people (including non-drivers) to jobs, education and services; 2) up to $35 million is reserved for planning grants; 3) to accommodate projects with more complexity and longer schedules, recipients have longer to obligate the funds – Sept. 30, 2016; and 4) applications for projects involving co-applicants or partners must include the signatures of those parties, in addition to the lead applicant.

  • Feb. 19, 2014 FRN: drug and alcohol test results clearinghouse
    Comments due April 21, 2014 May 21, 2014 (see April 22 notice)
    FMCSA – notice and request for comments on FMCSA’s intent to draft rules establishing a national database that will contain CDL holders’ drug and alcohol test results (except negative). Employers would also be required to report certain traffic citations. MAP-21 requires such a clearinghouse.

  • Feb. 19, 2014: FRN: grants for highway related innovations
    No request for comments
    FHWA – Request for applications for a MAP-21 program under which approximately $14 million in "Accelerated Innovation Deployment" funds are available to state DOTs, and tribal governments (another $1 million is set aside for federal land management agencies). Eligible projects are "proven innovative practices or technologies" (by recipient or sub recipient) related to: planning, financing, operation, structures, materials, pavements, environment and construction. Awardees must develop performance targets for the project. Applications should be submitted within six months of the date the project is scheduled to begin. A final report to FHWA, documenting processes, benefits, and methods to support innovative practices shall be submitted within 6 months of project completion.

  • Feb. 18, 2014 FRN: Asian Carp
    Comments now due March 31, 2014
    USACE – extension of the comment period on options for preventing the transfer of Asian Carp between the Great Lakes and the Mississippi River basins. Due to “public meetings and public request,” comments are now due March 31, 2014.

  • Feb. 14, 2014 FRN: hazardous materials route reporting by states
    Comments due March 17, 2014
    FMCSA – annual request for comments on highway hazardous materials route designation lists compiled by state DOTs.  The American Trucking Association contends that the current language fails to carry out MAP-21 provisions, since FMCSA currently “requests” rather than “requires” that states provide this information.

  • Feb. 6, 2014: model contract for tolling
    Comments due March 10, 2014
    FHWA – MAP-21 required FHWA to draft model contracts for certain types of P3 agreements. They gathered comments, and have now issued the first one – a “Core Toll Concession Model Contract Guide.” They emphasize that the model is intended to be informational rather than mandatory. (Based on input from the Jan. 9, 2013 FRN, the second most popular type of P3 is the availability payment-based contract, involving payments from the public sector to the private sector. They will publish a model for this type of contract sometime in 2014.)

  • Jan 28, 2014 FRN: National Freight Advisory Committee webinar Feb. 6, noon – 4
    Comments for consideration by the NFAC due Feb. 3, 2014
    OST – NFAC will meet via webinar to “discuss and prepare a joint comment on the designation of the Primary Freight Network.” The meeting will include: remarks from the NFAC chair and vice chair; discussion and consideration by the full committee re. draft comments; and public comments (apparently, webinar participants listening in will be able to provide input during this part). To “participate in or view” the webinar, you must pre-register no later than Feb. 5 at the event registration page.
    Written comments for consideration by the committee may be emailed by Feb. 3 to Other comments may be submitted at any time before or after the meeting.

  • Jan 22, 2014 FRN: motor carrier safety violations
    No request for comments/deadlines
    FMCSA – final rule implementing MAP-21 provisions regarding safety violations by motor carriers. FMCSA may now suspend or revoke the operating authority of motor carriers: 1) that show egregious disregard for safety; 2) that allow others who have shown egregious disregard for safety to control their operation; or 3) that operate multiple entities to conceal non-compliance with safety regulations.

  • Jan 16, 2014 FRN: final circular re. Sec. 5307 funds
    No request for comments/deadlines
    FTA - A summary of changes to UZA guidance (and certain other programs and provisions) to conform with MAP-21. The circular itself is not included in this notice - it is found on FTA’s Web site, at It will apply to all new grants made on or after Jan. 16, 2014 using FY 2013 or later funds.

  • Jan. 13, 2014 FRN: Final rule on new CEs for certain projects
    No request for comments/deadlines
    FHWA and FTA – MAP-21 required FHWA and FTA to write rules adding two new categorical exclusions: projects within an existing operational right of way; and projects receiving less than $5 million in federal funds, or with a total estimated cost of not more than $30 million with federal funds comprising less than 15 percent of the total estimated cost. This final rule amends FHWA and FTA joint procedures at 23 CFR part 771 and is effective Feb. 12, 2014.

  • Jan. 9, 2014 FRN: Grants for low or no emission transit buses and facilities
    Proposals due March 10, 2014 April 10, 2014 (see March 10 notice)
    FTA – RFP for projects to be funded under the "FY 13" Low or No Emission Vehicle Deployment Program established by MAP-21. The grants will go to transit agencies in certain areas for purchase/lease of zero emission and low emission transit buses, equipment and facilities. Eligible areas are those designated as: a nonattainment area for ozone or carbon monoxide; or a maintenance area for ozone or carbon monoxide.

  • Jan. 8, 2014 FRN: Every Day Counts market research (mentions TraCS)
    Reponses due Feb. 15, 2014
    FHWA – request for suggestions on innovative, market-ready technologies that meet certain criteria (such as national impact and readiness for deployment ) and that could be considered for the next round of Every Day Counts awards (EDC3). In addition, FHWA is asking for comments on user experiences with ten specific concepts that may be considered for accelerated deployment under EDC3. One of the concepts mentioned is “the Traffic and Criminal Software (TraCS), funded by the DOT and maintained by the Iowa DOT.” Another is “E-NEPA,” described as an example of implementation of MAP-21 provisions aimed at shortening project approval times. To submit a response, send an email to or through This is not a request for proposals.

  • Jan. 7, 2014 FRN: USDOT’s priorities for rulemaking
    No request for comments/deadlines
    Regulatory Information Service Center – rulemaking priorities of each department. Many from USDOT relate to MAP-21. For example, during FY 14 FHWA will prioritize the national goals and performance management measures (from Sec. 1203) related to: Safety; Bridges Pavement; and Congestion Reduction, CMAQ, Freight, and Performance of Interstate/Non-Interstate NHS.

  • Jan. 6, 2014 FRN: Asian Carp
    Comments due March 3, 2014 March 31, 2014 (see Feb. 18 notice)
    USACE – notice that the Corps has posted a new report, required by MAP-21 and WRDA 2007, on options for preventing the transfer of Asian Carp between the Great Lakes and Mississippi River basins. The report and the web form for comments are found at . Public meetings will be held in Illinois, Ohio, Michigan, Wisconsin and Minnesota.

Fourth quarter - 2013

  • Dec. 26, 2013 FRN: motor carrier knowledge tests
    Comments due Jan. 13, 2014
    FMCSA – notice that FMCSA will hold the first in a series of listening sessions to gather stakeholder input on what to include on certain tests that applicants will be required to take when applying for registration as motor carriers, freight forwarders and brokers. MAP-21 required assessing knowledge of regulations and industry practices. The session will be held Jan. 13, 2014, in Nashville, Tennessee, and will be webcast. In addition, listening session comments will be transcribed and placed in the docket, and others may comment via the docket. For specific information, go to in advance of the listening session. It is unclear whether comments should be submitted using the docket number for this notice (FMCSA-2013-0518) or a number referenced within the notice itself (FMCSA-2001-11061). But all comments must include the docket number for this notice.

  • Dec. 23, 2013 FRN: extend application deadline for ITS grants for states, MPOs and local governments
    New deadline for applications: Jan. 17, 2014
    FHWA – notice that they will continue taking applications for the Integrated Corridor Management Deployment Planning Grants program through Jan. 17, 2014, in response to input from potential applicants.

  • Dec. 20, 2013 FRN: Title 23 projects using private contractors for surveying and mapping
    Comments due Feb. 18, 2014
    FHWA – request for comments on FHWA’s plan to survey state DOTs regarding the number of Title 23 projects carried out using private contractors to do surveying and mapping. FHWA will use the survey results when: 1) writing guidance on the appropriate roles of government and the private sector in surveying activities; 2) developing a process for oversight and monitoring each state’s use of the private sector for these services. FHWA will also continue to encourage states to use private contractors.

  • Dec. 19, 2013 FRN: extend comment period for truck size and weight limits study
    New deadlines: comments on webinar materials now due Jan. 17, 2014, with late comments considered to the extent possible until Jan. 31, 2014
    FHWA – The Nov. 29 notice (below) for the meeting and webinar related to the MAP-21 study on truck size and weight allowed for comments on the webinar materials. The deadline for these comments is extended to Jan. 17, 2014, due to input from stakeholders.

  • Dec. 17, 2013 FRN: another chance to comment on the TIFIA application process
    Comments due Jan. 15, 2014
    OST – the second step in the process for renewing the information collection requirements for TIFIA applications. No comments were received on the first step.

  • Dec. 11, 2013 FRN: corridor preservation for transit projects
    Comments due Jan. 10, 2014
    FTA – draft guidance on new options for transit right-of-way, including acquisition before the environmental review process, and use of local funds for projects that could later receive FTA funds.

  • Dec. 11, 2013 FRN: extend comment period for Primary Freight Network notice
    Comments now due Jan. 17, 2014 Feb. 15, 2014
    FHWA – based on input from stakeholders, the new deadline for comments regarding the Primary Freight Network is Jan. 17, 2014.

  • Nov. 29, 2013 FRN: public meetings re. truck size and weight limits study
    Comments due Dec. 19. 2013 Jan. 17, 2014/Jan. 31, 2014 (see Dec. 19 notice)
    FHWA – notice of two public sessions covering a study required by MAP-21: the impact of various truck size/weights/configurations on safety, infrastructure, enforcement and diversion.
    1) The first is a public TRB meeting Dec. 5, 2013 in DC. The agenda can be found at
    2) The second is a webinar on Dec. 18, 2013 from noon to 4 pm central time. Documents for the webinar are posted at

  • Nov. 25, 2013 FRN: seatbelts in OTR buses
    Petitions for reconsideration must be received by Jan. 9, 2014
    NHTSA – per the mandate in MAP-21 and previous legislation, NHTSA is amending the federal motor vehicle safety standard to require lap/shoulder seat belts in all new OTR buses, and in most other new buses with a GVWR greater than 11,793.

  • Nov. 19, 2013 FRN: designation of the Primary Freight Network
    Comments due Dec. 19, 2013 Jan 17, 2014 (see Dec. 11 notice)
    FHWA – request for comments on the “draft initial designation of the highway Primary Freight Network required by MAP-21. Also, information is provided about state designation of the Critical Rural Freight Network. Here is a link to the maps and tables:

  • Nov. 18, 2013 FRN: long-range transportation planning for USFWS-managed lands (consistency with MPOs/state DOTs)
    Comments due Dec. 18, 2013
    US Fish and Wildlife Service – request for comments regarding transportation networks within Fish and Wildlife Service-managed lands; specifically, on draft USFWS mission, goals and objectives for long-range transportation planning for this network. MAP-21 requires LRTPs by all federal agencies to be consistent with planning by MPOs and state DOTs. Examples of objectives include: ensuring that mission-critical transportation assets are maintained in “good” condition; and improving access to and within Service lands by transit or non-motorized transportation and information systems.

  • Nov. 12, 2013 FRN: CMAQ interim guidance
    Comments due Jan. 13, 2014
    FHWA - Called "interim guidance," this document is effective immediately. It replaces the 2008 guidance with new language that reflects MAP-21. A few of the major changes: 1) the standard transferability provisions of Sec. 126 (50%) now apply to most CMAQ funds (up from approximately 20% under previous rules); 2) FHWA will evaluate proposed projects based on a set of cost-benefit graphs and tables they are developing; 3) the limit on use for operating funds is revised to allow transit agencies to spread third-year funds over years four and five (In a July 2013 email, SPRC argued that this was too restrictive); 4) the use of operating assistance for passenger rail is specifically allowed, regardless of the area served; 5) diesel retrofits now get "priority consideration" for funding; 6) certain bicycle and pedestrian programs are eligible; 7) FMIS coding for certain mandatory and flexible spending is new; 8) the requirements for performance plans are discussed and will be the subject of rulemaking.

  • Nov. 8, 2013 FRN: National Freight Advisory Council
    Members of the public who wish to attend must RSVP by Nov. 13
    OST – notice of the second meeting of the council, on Nov. 21 at US DOT.  Open to the public on a first-come-first-served basis.  The agenda will be posted ahead of the meeting on the NFAC website at They will discuss implementation of the freight transportation requirements of MAP-21, the National Freight Network, the National Freight Strategic Plan, strategies to help states implement State Freight Advisory Committees, condition and performance measures, “development of freight transportation investment, data, and planning tools,” and legislative recommendations. 

  • Nov. 1, 2013 FRN: ITS grants for states, MPOs and local governments
    Applications due Dec. 31, 2013 Jan 17, 2014 (see Dec. 23 notice)
    FHWA – request for applications for a MAP-21 program “Integrated Corridor Management Deployment Planning Grants.” Projects should improve multimodal transportation system management and operations through ITS. Total cost for each project should not exceed $200,000. Approximately 10 projects will be awarded funding, and FHWA has the option of awarding Phase 2 funds for some projects.

  • Nov. 1, 2013 FRN: grants for highway-related innovations
    Comments due Nov. 22, 2013
    No due date for applications (accepted on a rolling basis)

    FHWA – request for comments, and announcement of a MAP-21 program under which approximately $14 million in “Accelerated Innovation Deployment” funds are available to state DOTs, and tribal governments (another $1 million is set aside for federal land management agencies). Eligible projects are “proven innovative practices or technologies” (by recipient or subrecipient) related to: planning, financing, operation, structures, materials, pavements, environment and construction. Awardees must develop performance targets for the project. Applications should be submitted within six months of the date the project is scheduled to begin. FHWA will conduct a webinar within two weeks of this notice. Registration for the webinar:

  • Oct. 3, 2013 FRN: public transit safety and asset management
    Comments due Jan. 2, 2014
    FTA – advance notice seeking input from the transit community on MAP-21 provisions regarding: 1) the Public Transit Safety Program (only as it applies to rail transit at this point); 2) the Safety Management System; and 3) asset management (as it applies to all types of transit).

  • Oct. 2, 2013 FRN: Haz Mat penalties
    No request for comments/deadlines
    PHMSA – notice of revised policy on determining individual baseline assessments, the addition of several examples, and other changes. The changes are partly to reflect the MAP-21 increase in the maximum penalty for certain violations.

  • Oct. 2, 2013 FRN: Enhanced inspection, investigation and enforcement authority regarding hazardous materials
    No request for comments/deadlines
    PHMSA – notice of final rule amending the hazardous materials procedural regulations regarding US DOT agents opening packages of perishable hazardous material, and providing notice of inspection, including equipment requirements.

  • Oct. 1, 2013 FRN: transit research cooperative agreements
    Proposals due Dec. 2, 2013
    FTA – Notice of Funding Availability regarding cooperative agreements provided under MAP-21. Eligible projects are those demonstrating innovative approaches to: 1) operational safety; 2) infrastructure or equipment resiliency; or 3) emergency response and recovery. Eligible applicants include providers of public transportation, state and local governments, private and non-profit entities, and technical and community colleges.

  • Oct. 1, 2013 FRN: Conforming changes to FMCSA programs
    Petitions for reconsideration due Dec. 2, 2013
    FMCSA – final rule making statutorily mandated changes to Title 49 as required by sev2013-23517

Third quarter - 2013

  • Sept. 30 2013 FRN: proposed guidance for MPOs
    Comments due Oct. 30, 2013
    FTA and FHWA – request for comments on draft guidance on implementing MAP-21 provisions requiring that public transit providers be represented in each MPO that serves an area designated as a Transportation Management Area.

  • Sept. 27, 2013 FRN: TIFIA application process
    Comments due Nov. 23, 2013
    OST – comments are requested on the requirements for letters of interest and applications for TIFIA credit assistance. The existing process reflects MAP-21 changes, and was adopted through emergency rules put in place to allow use of the program in FY 2013. US DOT is formally renewing that process.

  • Sept. 26, 2013 FRN: Proposed guidance for Sec. 5311
    Comments due Nov. 25, 2013
    FTA – notice summarizing and providing background on a new circular on applying for and administering Sec. 5311 funds, reflecting MAP-21 changes. Also included is some information about other programs impacted by MAP-21. See the circular below.
    PDF Draft FTA circular

  • Sept. 25, 2013 FRN: CMVs at highway-rail grade crossings
    No request for comments/deadlines
    FMCSA and PHMSA – final rule addressing safe clearance at highway-rail grade crossings. While the rule mostly stems from the Hazardous Materials Transportation Authorization Act of 1994, it also reflects a MAP-21 provisions clarifying that the provisions cover “commercial motor vehicles” rather than “motor carriers and motor private carriers” as the preamble for the original NPRM was worded. Drivers of CMVs or vehicles transporting certain hazardous materials, etc., are prohibited from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through without stopping.
    FMCSA-2006-25660, PHMSA-2010-0319

  • Sept. 19, 2013 FRN: changes to FHWA and FTA Categorical Exclusion procedures
    Comments due Nov. 18, 2013
    FHWA, FTA – request for comments on proposed changes to NEPA joint procedures that: 1) add new categorical exclusions; 2) allow state DOTs to process certain CEs with less review by FHWA; and 3) allow Programmatic Agreements between FHWA and states that would allow states to apply FHWA CEs on behalf of FHWA.

  • Sept. 19, 2013 FRN: withdrawal of Dec. 2007 NPRM on CMV training requirements
    No request for comments/deadlines
    FMCSA – notice that they’re withdrawing proposed rulemaking from Dec. 26, 2007, that specified certain training requirements for entry-level drivers operating CMVs in interstate commerce. This is due partly to subsequent requirements in MAP-21.

  • Sept. 18, 2013 FRN: final State Rail Plan guidance now available
    No request for comments/deadlines
    FRA – this is not a direct result of MAP-21, but I am including it because several changes were made to the draft guidance (issued Aug. 28, 2012) to make it more consistent with MAP-21 (passed July 7, 2012). Examples include: a recommendation that states coordinate preparation of state freight plans and state rail plans; promotion of consistency with transit asset management plans/performance measures required under MAP-21; and encouragement to update the state rail plan on a consistent cycle with other planning documents at least every five years. Effective Sept. 18, 2013.

  • Sept. 6, 2013 FRN: major project financial plan guidance
    Comments due Oct. 7, 2013
    FHWA – request for comments on proposed changes to financial plan guidance for major projects. MAP-21 changed the requirements in part by adopting recommendations in a 2009 GAO report.

  • Sept. 4, 2013 FRN: off-site new entrant audits
    No comments requested
    FMCSA – notice that FMCSA will be testing the use of off-site new entrant safety audits for certain carriers domiciled in CA, FL, IL, MT, NY, and the Canadian provinces contiguous to New York. MAP-21 shortened the timeframe for audits and, since the number of new entrant motor carriers is growing quickly, FMCSA hopes to increase efficiency by reducing the number of on-site inspections.

  • Sept. 3, 2013 FRN: calculating civil penalties for motor carrier safety and haz mat regs
    No request for comments
    FMCSA – civil penalty amounts for certain FMCSR and Haz Mat violations are based on several factors. FMCSA is announcing upgraded the software that calculates these amounts, in part to reflect MAP-21 changes.

  • Aug. 30, 2013 FRN: program allowing NEPA reviews by states
    Comments due Oct. 29, 2013
    FHWA, FRA, FTA – request for comments on proposed rules for states applying for permission to do their own NEPA reviews. MAP-21 gave permanent status to a former pilot program under which a limited number of states could conduct their own reviews for highway projects. It lifted the cap on the number of states allowed to apply, broadened the scope to also include rail and transit projects, and made other changes. The proposed rule addresses such issues as: which applicants, projects and responsibilities are eligible; pre-application procedures; content and submittal process for the application itself; procedures for review and approval by US DOT; and procedures for renewing or terminating participation.

  • Aug. 29, 2013 FRN: updating Value Engineering
    Comments due Oct. 28, 2013
    FHWA – request for comments on changes to the Value Engineering regulations to reflect MAP-21. Changes include: 1) increasing the level of estimated cost that triggers the need for a VE analysis, 2) specifying that design-build projects are exempt, 3) providing FHWA the authority to require DOTs to conduct VE analyses at the Secretary's discretion on projects that would not otherwise fall under the requirement, and 4) requiring DOTs to implement approved VE recommendations.

  • Aug. 29, 2013 FRN: chance to comment on the paperwork required for a Highway Safety Plan (application for Sec. 402 and 405 grants)
    Comments due Sept. 30, 2013
    NHTSA – in addition to commenting via the interim final rule notice, DOTs can comment specifically on the paperwork burden associated with submitting a Highway Safety Plan.

  • July 30, 2013 FRN: tunnel inspection standards
    Comments due Sept. 30, 2013
    FHWA – request for comments on proposed rules for inspecting highway tunnels. MAP-21 included several requirements, such as establishing a national inspection program, an inventory, and reporting of structural or safety-related deficiencies. The rules would apply to “all structures defined as highway tunnels on all public roads, on and off Federal-aid highways, including tribally and federally owned tunnels.”

  • July 23, 2013 FRN: status of all US DOT regulations activity
    Comments requested – no deadline
    OST – a notice published earlier in July gave the status of “significant” rulemakings at US DOT. Today’s notice is the semiannual summary of the agenda for all current and projected rulemakings. Comments are invited on the agenda in general, and on individual regulations.

  • July 20, 2013 FRN: request for volunteers for “paperless hazard communications” pilot
    Statements of interest/comments due Sept. 17, 2013
    PHMSA – MAP-21 called for a pilot program to test the use of “e-systems” to convey the same information that is contained on a paper copy of a shipping document required for shippers and carriers that transport hazardous material by air, highway, rail and water. The volunteers would be shippers, carriers, law enforcement, and emergency response personnel.

  • July 20, 2013 FRN: request for comments on new TIFIA forms
    Comments due Aug. 5, 2013
    Office of the Secretary – MAP-21 changed the requirements for entities applying for TIFIA credit assistance. DOT has developed the new forms (attached) for letters of interest and applications. This FRN is a chance to comment on the new requirements.

    Word doc icon TIFIA application
    PDF TIFIA letter of interest

  • July 2, 2013 FRN: extend comment period on State Highway Safety Grants
    Comments due Sept. 30, 2013
    NHTSA – the comment period on the Jan. 23, 2013, FRN regarding Highway Safety Grants is extended to Sept. 30, 2013, to allow states to draw on their experiences submitting applications in the last two fiscal years.

  • July 2013 report: US DOT significant rulemakings
    No request for comments/deadlines
    US DOT – Status report on all (120) rules currently in process by US DOT, including many related to MAP-21. Examples: Performance Management - The first of a three-part rule on transportation performance measures (this one on safety) was sent to the Secretary's office in late June and the NRPM is set to come out by the end of October. The other two parts - bridges/pavement and CMAQ/freight issues - are further behind in the process. HSIP - Updates to the Highway Safety Improvement Program were sent to the Secretary's office on July 5, and could be published in November.

    PDF Report on DOT Significant Rulemakings

Second quarter - 2013

  • June 7, 2013 FRN: FHWA review of state bridge inspection programs
    Comments due July 8, 2013
    FHWA – request for comments on FHWA's method of assessing each state's bridge inspection program, including the addition of penalty language added by MAP-21.  "If a State remains in noncompliance on August 1 following a final compliance determination of noncompliance, FHWA will require the State to dedicate funds to correct the noncompliance, in accordance with
    23 U.S.C. 144(h)(5)."


    PDF Metrics for oversight of the NBIS program

  • May 22, 2013 FRN: clarification of regulations re. hazardous materials
    Comments due July 22, 2013
    PHMSA – proposed rules required by MAP-21 to address: the timely transportation of medical products that are perishable and also hazardous; safe out-of-service placement and handling of non-compliant packages; the proper closure of packaging involving hazardous materials; and appropriate equipment for inspectors.

  • May 20, 2013 FRN: Identification of Projects of National and Regional Significance
    Comments due July 19, 2013
    FHWA – request for comments on FHWA’s intention to ask DOTs, transit agencies and multijurisdictional groups for lists of projects potentially eligible for $500 million in funding under the Projects of National and Regional Significance (PNRS) program. Section 1120 of MAP-21 continued this program from SAFETEA-LU. (It was earmarked under SAFETEA-LU - no Iowa projects but Illinois received $150 million for the Mississippi River Bridge.) FHWA will select projects that meet certain criteria and submit the final list to Congress. This is a general fund program authorized in MAP-21 - it is separate from the (appropriations) TIGER program.

  • May 13, 2013 FRN: Full FY 2013 transit apportionment notice
    Comments due June 12, 2013
    FTA –Establishes the FY 2013 obligation limitation at $8.461 billion (this is less than the OL for FY 2012 due to a 0.2 percent recission in the FY 2013 appropriations bill). Apportionment tables are posted separately on FTA’s website. This notice also: 1) requests comments on the proposed formula for the new State Safety Oversight program (for fixed guideway systems); 2) revises a table regarding Section 5307 operating assistance; 3) provides expected publication dates for revised circulars; and 4) corrects a typo in the Oct. 16, 2012, notice.

  • May 9, 2013 FRN: NOFA for Tribal Transit Program and responses to comments on an earlier notice
    Proposals due July 8, 2013
    FTA – NOFA for FY 2013 Tribal Transit Program funds, a set-aside from the Formula Grants for Rural Areas Program as authorized in MAP-21.

  • April 30, 2013 FRN: Tribal Transportation Program Safety Funds NOFA and criteria
    Comments due May 30, 2013
    FHWA – NOFA for Indian tribal governments regarding Tribal Transportation Program Safety Funds, and proposed criteria for competitive project selection. TTPSF is a two percent set-aside from the Tribal Transportation Program.

  • April 22, 2013 FRN: proposed guidance for section 5307
    Comments due June 21, 2013
    FTA –new guidance for recipients of Urbanized Area Formula funds, in response to MAP-21 changes related to: safety regulations, the State of Good Repair program, performance goals, and streamlining. The notice summarizes the changes, but the actual text of the proposed circular is in the separate pdf.

    PDF Urbanized Area Formula: Program Guidance and Application Instructions

  • April 22, 2013 FRN: public participation requirements for transit programs
    Comments due May 22, 2013
    FTA – notice that FTA is seeking final OMB approval of new requirements for sections 5307, 5309, 5310, and 5311 due to MAP-21 changes. This notice is the second step in the formal process of approving these new requirements, which include public participation.

  • April 2013 report: US DOT significant rulemakings
    No request for comments/deadlines
    US DOT - Status report on all (110) rules currently in process by US DOT, including many related to MAP-21.

    PDF Report on DOT Significant Rulemakings

  • April 17, 2013 FRN: Penalties for haz mat violations
    No request for comments/deadlines
    PHMSA – notice of changes to penalty amounts for knowingly violating the federal haz mat transportation law, as required by MAP-21.

First quarter - 2013

  • March 29, 2013 FRN: $2 billion allocated for Hurricane Sandy
    No request for comments
    FTA –MAP-21 authorized $2 billion for the Transit Emergency Relief Program. This notice details the allocation of those funds for Hurricane Sandy relief, as required by PL 113-2, the Disaster Relief Appropriations Act.

  • March 29, 2013 FRN: FTA Emergency Relief Program
    Comments due May 28, 2013
    FTA – interim final rule regarding eligibility, etc. for all projects (not just Hurricane Sandy). The interim rule is effective today.

  • March 27, 2013 FRN: draft strategic plan for Research, Development and Technology
    Comments due April 26, 2013
    RITA – request for comments on a strategic plan for FY 2013 – 2018, as required by MAP-21. A copy of the draft is attached. (Let me know if you have problems with the pdf of the plan – I had to have it e-mailed to me because I could not open the version on the website…)

    PDF Text of draft strategic plan

  • March 25, 2013 FRN: Recipient reports re. Sec. 5337 and 5339 funding
    Comments due April 24 2013
    FTA – notice that designated recipients of transit “State of Good Repair” and “Bus and Bus Facilities” funding will be required to provide quarterly milestone and financial status reports. In the case of Sec. 5339, states will be required to submit reports as well. FTA does not say exactly what will be required in the reports, but is asking for comments on ways to “enhance the quality, utility, and clarity of the information to be collected, and ways to minimize the burden on respondents.”

  • March 22, 2013 FRN: Reporting element level bridge data for non-NHS bridges
    Comments due May 21, 2013
    FHWA – request for comments on the feasibility of requiring element level bridge inspection data for bridges NOT on the NHS. (MAP-21 required reporting this data for NHS bridges, and a STUDY on the feasibility of reporting the same data for non-NHS bridges. This notice is in regard to the study.)

    PDF Iowa DOT comments on FHWA-2013-0011

  • Mar. 15, 2013 FRN: FTA withdrawal of 2011 notice regarding transit major capital projects
    No request for comments/deadlines
    FTA – Due to MAP-21 changes mainly regarding fixed guideway projects, FTA is withdrawing a Sept. 13, 2011 notice that would have proposed a new definition of “major capital project” and made other changes to oversight regulations. FTA will begin a new rulemaking “in the near future.” FTA may also “seek to set policy on major capital improvements through public notice-and-comment.”

  • Mar. 14, 2013 FRN: Transportation of Agricultural Commodities
    No request for comments/deadlines (except see below)
    FMCSA – final rule for exemptions for transportation of agricultural commodities and farm supplies, and covered farm vehicles and drivers. Compatibility amendments to CFR parts 390, 391, 395 and 396 (required to retain MCSAP eligibility) must be adopted by March 14, 2016. Amendments to retain compliance re. CDLS in Part 383 (required to avoid withholding highway funds) must be adopted by March 14, 2016.

  • Feb. 25, 2013 FRN: Vehicle theft reporting
    Petitions for reconsideration due April 11, 2013
    NHTSA – notice that insurance companies are no longer required to file reports on theft and recovery of vehicles. MAP-21 discontinued NHTSA’s authority to collect this information.

  • Feb. 21, 2013 FRN: HSIP/Section 130 reporting
    Comments due March 25, 2013
    FHWA – request for comments on the reporting requirements and on-line reporting tool for HSIP and Section 130 safety data.

  • Feb. 19, 2013 FRN: Nominations for the National Freight Advisory Committee
    Nominations due March 21, 2013
    OST – notice that the National Freight Advisory is established for a two years, and request for nominations for at least 25 members.

  • Feb. 19, 2013 FRN: Categorical exclusions for emergency repair projects
    No request for comments/deadlines
    FHWA and FTA – Final rule on categorical exclusions for emergency repair projects, in response to MAP-21 section 1315 and comments on the 10/1/2012 notice of proposed rulemaking. This final rule makes changes to 23 CFR 771.117( c)(9) and adds 771.118(c )(11). (This rule references, but is separate from, the final rule published Feb. 7, 2013, which stemmed from two Executive Orders and primarily addressed CEs for transit projects through creation of 771.118.)

    PDF Documentation for new categorical exclusion for emergency actions

  • Feb. 13, 2013 FRN: correction regarding ports of entry on the National Freight Network
    No request for comments/deadlines
    FHWA – re. a correction to the Feb. 6, 2013, FRN regarding the National Freight Network. A table listing parameters for various factors reads, “Connect top water ports marked by weights and values.” It should read, “Connect top land ports for both weight and values.”

  • Feb. 13, 2013 FRN: FY 2013 list of FTA certifications and assurances, per MAP-21
    No request for comments/deadlines
    FTA – publication of the annual list of certifications and assurances required of applicants for FTA funding, including changes due to MAP-21.

  • Feb. 12, 2013 FRN: changes to penalties for hazardous materials violations
    No request for comments/deadlines
    FRA – final rule establishing FRA’s new minimum and maximum civil penalties for violation of certain hazardous materials laws and regulations. The changes are in response to MAP-21 language amending 49 U.S.C. chapter 51.

  • Feb. 7, 2013 FRN: FTA project environmental compliance
    No request for comments/deadlines
    FTA and FHWA – Final rule primarily adding new categorical exclusions for transit projects. Although the proposed rule (March 15, 2012) was in response to two Executive Orders from 2011 (on streamlining regulations), FTA notes that the final rule is consistent with MAP-21 which was signed into law in the interim. One change was made specifically to conform with MAP-21: early ROW acquisition for FTA projects is no longer limited to railroad ROW. Part 771 of the Title 23 CFR is a joint FTA-FHWA regulation, but this final rule relates almost exclusively to FTA and FTA grantees.

  • Feb. 6, 2013 FRN: Public participation requirements for Sec. 5310 and 5311 funds
    Comments due before April 8, 2013
    FTA – request for comments on FTA’s intention to apply Title 49 public participation requirements to programs created/revised by MAP-21: the new discretionary Passenger Ferry Boat program under Sec. 5307; the revised Capital Assistance for Elderly Persons and Persons with Disabilities Program under Sec. 5310; the revised Non-urbanized Area Formula Program under Sec. 5311;  and the revised Tribal Transit Program under Sec. 5311.

  • Feb. 6, 2013 FRN: FTA Emergency Relief initial funding for Hurricane Sandy
    Applications due March 8, 2013 (from areas impacted by Hurricane Sandy)
    FTA – notice that FTA is taking applications from areas impacted by Hurricane Sandy for $2 billion in initial (apparently similar to FHWA’s “quick release”) Emergency Relief Program funds available until March 30. FTA is in the process of writing rules for distributing “regular” FTA ER funding. MAP-21 created this program, but it was not funded under the CR. On Jan. 29, the President signed PL 113-2 providing a total of $10.9 billion.

  • Feb. 6, 2013 FRN: Primary freight network, state-designated critical rural freight corridors
    No request for comments/deadlines
    FHWA - notice of the criteria FHWA will use to designate up to 27,000 miles of a “primary freight network” and up to 3,000 additional miles. Also says FHWA will request that states identify critical rural freight corridors but that FHWA will “maintain route information” thereafter.”
    See Feb. 13, 2013 correction
  • Jan. 23, 2013 FRN: Highway Safety Grants
    Comments due April 23, 2013
    NHTSA – notice of an interim final rule (IFR) updating NHTSA highway safety grant programs to comply with MAP-21 changes, including minimum qualifications for the GDL Incentive Grant. Addresses comments received in response to an Oct. 5, 2012 FRN. Although this IFR is effective immediately, comments are requested.

    PDF Regulatory analysis for National Priority safety grant programs (not published in the Federal Register)

  • Jan. 14, 2013 FRN: New CEs for rail projects
    No request for comments/deadlines
    FRA – notice that FRA is adding seven classes of actions to the categorical exclusion list, primarily to streamline projects under the HSIPR grant program and the RRIF loan program. Some were chosen from CE lists currently used by FHWA and FTA. FRA began this process before passage of MAP-21. However, the FRN notes that Section 1314 of MAP-21 allows use of another modal administration’s CE for a multimodal projects once US DOT issues guidance on this provision.
  • Jan. 9, 2013 FRN: Public-private partnerships
    Comments due May 31, 2013
    FHWA – request for comments on what to include in the model contracts that MAP-21 requires US DOT and FHWA to develop for public-private partnership initiatives. Also, a listening session will be held on Jan. 16, 2013, from noon to 4 pm EST at the US DOT in Washington, D.C.

  • Jan. 9, 2013 FRN: US DOT questionnaires regarding planning practices
    Comments due Feb. 28, 2013
    FHWA – request for comments on US DOT’s intention to collect information from state, metropolitan, regional, local and tribal transportation planning entities regarding compliance with Sec. 134 and Sec. 135 of Title 23. This notice does not mention MAP-21 but is apparently being republished due to the passage of MAP-21 (it was first published June 28, 2012).

  • Jan. 9, 2013 FRN: New Starts/Small Starts proposed guidance
    Comments due March 11, 2013
    FTA – request for comments on proposed guidance on FTA’s evaluation of projects seeking funding. Please note: this notice makes no mention of MAP-21, but is included in the list as a reference due to its connection with the final rule below.
    (FTA-2010-0009 - same as for final rule)

  • Jan. 9, 2013 FRN: New Starts/Small Starts final rule
    No request for comments/deadlines
    FTA – final rule on evaluating applications for New Starts/Small Starts funding, effective April 9, 2013. Please note: this notice is included in the list as a reference. It is related to MAP-21 only because FTA states that the new law made few significant changes to the current New Starts evaluation process, and that additional guidance will be issued in the future to reflect provisions in MAP-21 that are not addressed in this final rule.
    (FTA-2010-0009 - same as for proposed guidance)

  • Jan. 8, 2013 FRN: FY 2012 Tribal Transit Program project selections
    No request for comments/deadlines
    FTA – In addition to the final FY2012 discretionary awards (none in Iowa), the notice references changes to the program under MAP-21.

  • Jan. 8, 2013 FRN: US DOT rules agenda
    No request for comments/deadlines
    OST - This FRN is a heads-up on the rules, etc. on which action has begun or is expected to begin within a year or so. The notice itself has background information on each. US DOT is asking for input on these subjects, and also on which existing regulations should be reviewed for possible revision or revocation. None of the subjects listed here relate directly to MAP-21, but I thought I would send this just in case there was something of significance, or there is a MAP-21-related topic which should be addressed within the next 12 months.

Fourth quarter - 2012

Third quarter - 2012

  • Sept. 10, 2012 FRN: VIN number publication, etc.
    Comments due Nov. 9, 2012
    FMCSA – proposed rulemaking re. motor vehicle and equipment recall regulations, VIN number publication, etc.
    (NHTSA-2012-0068, Notice 1)

  • Sept. 6, 2012 FRN: DBEs
    Comments due Nov. 5, 2012
    Office of the Secretary – proposed rulemaking regarding changes to DBE rules.

  • Aug. 14, 2012 FRN: High risk rural roads
    Comments due Oct. 15, 2012
    FHWA – request for comments on FHWA’s plans to survey state DOTs re. HRRR practices. The results of the survey are to be used in conjunction with a research study to create a report to submit to EPW and T & I by Oct. 1, 2013.

  • Aug 14, 2012 FRN: DWI courts
    Comments due Oct. 15, 2012
    NHTSA – request for comments on NHTSA proposal to collect information from specialized courts known as DWI Courts and Hybrid DWI/Drug Courts to obtain an inventory of their current operational practices. All known operating DWI Courts and Hybrid DWI/Drug Courts will be contacted by mail and/or email.

  • August 10, 2012 FRN: Human services transportation
    No request for comments
    FTA – notice that FTA plans to fund a National Center for Mobility Management (NCMM) to improve the coordination of Federal resources for human services transportation.

  • August 6, 2012 FRN: Safety grant programs
    No request for comments/deadlines
    FMCSA – notice of FY 2013 safety grant opportunities and projected application due dates, based on FY 2012 deadlines. Notices of Funding Availability, with specific FY 2013 deadlines, will be posted later.

  • July 31, 2012 FRN: TIFIA
    Letters of Interest accepted on a rolling basis. Comments due Sept. 1, 2012
    Office of the Secretary - NOFA and request for comments regarding TIFIA.