1. 1 Notice of Proposed Rulemaking Public Outreach Meeting  Planning NPRM  ITS Architecture and Standards NPRM  Environment NPRM Federal Highway Administration Federal Transit Administration June – July 2000

2. NPRM Public Outreach Meeting 2 Meeting Agenda  8:00 AMRegistration  8:30Introduction and Overview  8:45Planning NPRM Presentation  9:45Planning Q&A  10:45Break  11:00ITS Architecture and Standards NPRM Presentation  12:00Lunch Break  1:00 PMITS Architecture and Standards Q&A  2:00Break  2:15Environment NPRM Presentation  3:15Environment Q&A  5:00Adjourn

3. NPRM Public Outreach Meeting 3 Notice of Proposed Rulemaking Public Outreach Meeting  Introduction and Overview  Planning NPRM  ITS Architecture and Standards NPRM  Environment NPRM

4. NPRM Public Outreach Meeting 4 Scope and Purpose of Meeting  Publicize existence of NPRM and comment process  Identify major policy objectives  Discuss major provisions or changes proposed in each rule  Answer questions that clarify content and intent of NPRMs  Invite stakeholders to provide official comments to NPRMs through U.S. DOT docket

5. NPRM Public Outreach Meeting 5 NPRM Overview  Three NPRMs Metropolitan and statewide planning - revised rule; substantial portion unchanged - closely reflects statutory provisions ITS Architecture and Standards - New rule for ITS; also embedded in planning Transportation Planning NPRM (§1410) Project Development NPRM (§940) - FTA project level policy implemented differently National Environmental Policy Act - Major rewrite for NEPA rule (first since 1987)  Joint proposals between FHWA and FTA

6. NPRM Public Outreach Meeting 6 Planning and Environment Outreach and Comment Process June 98 - Jan 99 Secretary’s Listening Sessions on TEA-21 Implementation Feb 99 FHWA-FTA options paper for public comment May - Sept 99Draft rules prepared May 00 Publication in Federal Register with 90 day comment period June 00National video conference June - July 00 Seven public briefings

7. NPRM Public Outreach Meeting 7 ITS Architecture and Standards Outreach and Comment Process Spring 98 Outreach meetings on conceptual approach June 98 – Jan 99Secretary Slater’s Listening Sessions on TEA-21 implementation Spring 99Informational presentations on U.S. DOT “policy approach; thoughts to date” May – Oct 99Draft rules prepared Nov 99 FTA/FHWA approval and transmittal to Secretary Slater Spring 2000 Coordination of timing with Planning NPRM May – Aug 00Publication in Federal Register with 90 day comment period June – July 00 Seven public briefings

8. NPRM Public Outreach Meeting 8 Submitting Comments on NPRMs  Submit in writing to: Docket Clerk U.S. DOT Dockets, Room PL-401 400 7 th St., SW Washington, DC 20590-0001  Reference appropriate docket number  Docket closure on August 23, 2000  Comments received after docket is closed will be considered to the extent possible

9. NPRM Public Outreach Meeting 9 Major Policy Objectives  Implement statutory provisions and reflect congressional intent  Provide flexibility to transit operators, states, and MPOs; emphasize outcomes and not process and procedures  Reflect key Federal priorities Environmental Justice Environmental Streamlining Intelligent Transportation Systems

10. NPRM Public Outreach Meeting 10 Presentation Format for Each Section  Major Provisions or Changes  Legislative Provisions  Current Regulations  Proposed Regulations  Intended Outcomes  Clarification of Information Presented

11. NPRM Public Outreach Meeting 11 Notice of Proposed Rulemaking Public Outreach Meeting  Introduction and Overview  Planning NPRM  ITS Architecture and Standards NPRM  Environment NPRM

12. NPRM Public Outreach Meeting 12 Major Provisions or Changes State Consultation with Local Officials* Revenue Forecasts* Planning Factors* Safety* Twenty Year Plan Horizon FHWA/FTA “Finding” on STIP TIP Extensions Severely Curtailed Annual Listing of Obligated Projects* * These are new requirements written into TEA-21. Planning NPRM

13. NPRM Public Outreach Meeting 13 Major Provisions or Changes (cont’d)  Linkage to ITS Architecture and Standards*  Environmental Justice/Title VI  Planning and Project Development (NEPA) Linkage*  Air Quality Conformity Provisions * These are new requirements written into TEA-21. Planning NPRM

14. NPRM Public Outreach Meeting 14 State Consultation with Non-Metropolitan Local Officials  Legislative Provisions TEA-21 (Section 1204) requires states to consult with non- metropolitan local officials in transportation decisionmaking and to document the process for consultation  Current Regulations Reasonable opportunity for public officials to comment on plan and STIP development Cooperation / consultation with local officials on project selection in non-metropolitan areas Planning NPRM

15. NPRM Public Outreach Meeting 15 State Consultation with Non-Metropolitan Local Officials (cont’d)  Proposed Regulations [§1410.212(a)(1-2) and (c), §1410.214(b)(4) and (c), §1410.216(b)(4)] Revise definition of consultation - “Consultation means that one party confers with another party, in accordance with an established process, about an anticipated action and then keeps that party informed about actions taken.” [§1410.104] Include state and non-metropolitan local elected officials in the Statewide planning process so that the process is a continuing cooperative and comprehensive process Requires the state and non-metropolitan officials to cooperatively develop and document a process for consultation. Planning NPRM

16. NPRM Public Outreach Meeting 16 State Consultation with Non-Metropolitan Local Officials (cont’d)  Intended Outcomes Increased involvement of non-metropolitan local officials in the planning process will better reflect concerns of Rural America reflected in transportation decisions Increased opportunity for rural economic development Planning NPRM

17. NPRM Public Outreach Meeting 17 Revenue Forecasts  Legislative Provisions TEA-21 directs that the State and MPOs establish a cooperative process to estimate revenues available to support metropolitan plans  Current Regulations Cooperative development of estimates of revenues available for plan and TIP development Planning NPRM

18. NPRM Public Outreach Meeting 18 Revenue Forecasts (cont’d)  Proposed Regulations [§1410.216(a), §1410.322(b)(10), §1410.324(e)] Requirement for cooperative development (by States, MPOs and transit agencies) of revenue forecasts to be used in planning and programming clarified The MPO, the State DOT, and the transit operator(s) will establish and mutually agree upon procedures to develop financial estimates used in preparing plans and programs Planning NPRM

19. NPRM Public Outreach Meeting 19 Revenue Forecasts (cont’d)  Intended Outcomes Better financial information for MPO planning and programming Open and understandable revenue-forecasting process to facilitate full “buy-in” by all participants Greater clarity for financial information assumptions and options Flexibility for MPO, State DOT, and transit operator(s) in cooperatively developing estimates Enhanced cooperation among State and Local officials Planning NPRM

20. NPRM Public Outreach Meeting 20 Planning Factors  Legislative Provisions TEA-21 (Sections 1203, 1204, and 3004) consolidates and simplifies planning factors Failure to consider factor is not subject to court review  Current Regulations 16 and 23 factors for metropolitan and statewide planning  Proposed Regulations [§1410.208 state, §1410.316 metropolitan] Identify the 7 new or revised TEA-21 planning factors using statutory language Planning NPRM

21. NPRM Public Outreach Meeting 21 Planning Factors (cont’d)  Proposed Regulations (cont’d) Economic vitality Safety and security Accessibility and mobility Environment and energy Intermodalism Efficiency Preservation of the existing transportation system Planning NPRM

22. NPRM Public Outreach Meeting 22 Planning Factors (cont’d)  Intended Outcomes Streamline and simplify factors Rely on legislative language to guide planning process Use non-regulatory approaches to promote good practices Support local application of factors to fit local circumstances (no one size fits all) State and local consideration of a full range of planning factors, as applicable, in the local context Planning NPRM

23. NPRM Public Outreach Meeting 23 Safety  Legislative Provisions Safety is one of 7 planning factors to be addressed in developing a transportation plan  Current Regulations Only direct reference is transit safety (one of 16 factors)  Proposed Regulations [§1410.208 state, §1410.316 metropolitan; §1410.206(a)(4), §1410.214(a)(2), §1410.216(c)(6)] Listed as 1 of 7 planning factors Planning NPRM

24. NPRM Public Outreach Meeting 24 Safety (cont’d)  Intended Outcomes Safer transportation system More emphasis on safety in transportation plans, programs, and projects Reliance on localized application with FHWA/FTA providing training, good practices, and other specialized activity Increased awareness and visibility of safety issues for local decisionmakers Greater awareness and consideration of safety issues in transportation decisions Planning NPRM

25. NPRM Public Outreach Meeting 25 Twenty Year Plan Horizon  Legislative Provisions TEA-21 continues legislative requirement for 20-year forecast period for state and metropolitan transportation plans  Current Regulations Plan must have at least 20-year horizon at time of adoption by MPO and State Planning NPRM

26. NPRM Public Outreach Meeting 26 Twenty Year Plan Horizon (cont’d)  Proposed Regulations [§1410.322(e), 1410.214(a)(4)] In all areas, plans must reflect most recent assumptions for population, travel, land use, congestion, employment, and economic activity at time of adoption or revision In attainment areas, metropolitan plan must have 20- year plan at time of adoption by MPO; remains valid for Federal actions for five years before next update unless modified by addition of regionally significant project Planning NPRM

27. NPRM Public Outreach Meeting 27 Twenty Year Plan Horizon (cont’d)  Proposed Regulations (cont’d) Non-attainment and maintenance area horizon is also 20 years at plan adoption but length of validity for Federal action is only 3 years; modification by adding non-exempt project would trigger update State plans are 20-year horizon at adoption, with update cycle set by State [§1410.214(a)(4)] Planning NPRM

28. NPRM Public Outreach Meeting 28 Twenty Year Plan Horizon (cont’d)  Intended Outcomes Meet statutory requirement for 20-year plans Maintain completeness and utility of plans for decision- making Align conformity findings and plan adoption timeframes Planning NPRM

29. NPRM Public Outreach Meeting 29 FHWA/FTA “Finding” on STIP and TIP  Legislative Provisions TEA-21 (Sections 1204) requires a finding by the Secretary that the STIP comes from a planning process that is consistent with Sections 1203, 1204 and 5303-05  Current Regulations Existing regulations require finding that projects in TIP/STIP are based on planning process consistent with federal regulations Planning NPRM

30. NPRM Public Outreach Meeting 30 FHWA/FTA “Finding” on STIP and TIP (cont’d)  Proposed Regulations [§1410.322(b)] Regulation based on new statutory language and previous regulations approach  Intended Outcomes Reflect the TEA-21 requirement Improve transportation planning process by identifying areas for focused improvement Provide a recurring basis for positive reinforcement of effective planning processes and earlier identification of weaknesses Identify best practices to share with other states Planning NPRM

31. NPRM Public Outreach Meeting 31 STIP/TIP Extensions Severely Curtailed  Legislative Provisions No legislative provisions  Current Regulations Allows FHWA and FTA to grant extension in extraordinary circumstances for time period determined based on situation Planning NPRM

32. NPRM Public Outreach Meeting 32 STIP / TIP Extensions Severely Curtailed (cont’d)  Proposed Regulations [§1410.324, 1410.222(c)] TIP/STIP extensions are not allowed in air quality non-attainment or maintenance areas TIP/STIP extensions in attainment areas cannot exceed 180 days  Intended Outcomes Reflect the requirements and limitations of the law in a reasonable manner Provide effective mechanisms for administering Federal transportation programs Planning NPRM

33. NPRM Public Outreach Meeting 33 Annual Listing of Obligated Projects  Legislative Provisions TEA-21 (Sections 1203 and 3005) requires MPO to provide an annual listing of projects for which Federal funds have been obligated in the previous year  Current Regulations No current provision Planning NPRM

34. NPRM Public Outreach Meeting 34 Annual Listing of Obligated Projects (cont’d)  Proposed Regulations [§1410.324(n)(5)] Section on TIP content revised to include a requirement for an annual listing of obligated projects using TIP as basis  Intended Outcomes Flexibility to design process locally to meet localized operating context Allows planning partners flexibility in designing process Encourages greater public information concerning funds which have been obligated in the previous year Planning NPRM

35. NPRM Public Outreach Meeting 35 ITS Transportation Investments  Legislative Provision All projects funded with highway trust fund monies (including the Mass Transit Account) must conform with the National ITS Architecture and standards  Current Regulations None specific to ITS Planning NPRM – Linkage to ITS NPRM

36. NPRM Public Outreach Meeting 36 ITS Transportation Investments (cont’d)  Proposed Regulations [§1410.322(b)(11), §1410.214(a)(3), §1410.216(c)(8)] Mainstream and initiate decisionmaking for ITS investments during the planning process Engage Operating Agencies  Intended Outcomes ITS investments work together without equipment conflicts ITS technology investments routinely included in transportation plans, programs and projects Planning NPRM – Linkage to ITS NPRM

37. NPRM Public Outreach Meeting 37  Intended Outcomes (cont’d) Better operation and management of transportation system Mainstreaming of ITS investments as part of alternatives considered for transportation system improvements Enhanced interagency cooperation in the management and development of transportation system Key ITS projects and initiatives are targeted early in planning process to facilitate more effective integration ITS Transportation Investments (cont’d) Planning NPRM – Linkage to ITS NPRM

38. NPRM Public Outreach Meeting 38 Environmental Justice  Legislative Provisions No specific provisions in TEA-21 Proposed regulatory changes based on current Title VI requirements of Civil Rights Act Planning NPRM – Linkage to Environment NPRM

39. NPRM Public Outreach Meeting 39 Environmental Justice (cont’d)  Current Regulations MPO and state must self-certify consistency of plans and programs with Title VI of Civil Rights Act and existing Title VI implementing regulations Each MPO and state public involvement process must “seek out and consider the needs of those traditionally under served by existing transportation systems including but not limited to low-income and minority households” No specific FHWA/FTA requirements articulated for supporting analyses Planning NPRM – Linkage to Environment NPRM

40. NPRM Public Outreach Meeting 40 Environmental Justice (cont’d)  Proposed Regulations [§1410.206(a) state; §1410.316(c) metropolitan] Emphasis on need to develop processes that: - Demonstrate explicit consideration of comments from minority, low-income, and elderly communities, and persons with disabilities - Seek out and consider input from the transportation disadvantaged - Must evaluate public involvement process periodically with specific attention to engaging minorities and low-income persons Planning NPRM – Linkage to Environment NPRM

41. NPRM Public Outreach Meeting 41 Environmental Justice (cont’d)  Proposed Regulations (cont’d) Title VI and related statute planning language clarified and specified with regard to data and analytical requirements Explicit references added to environmental responsibilities under the Executive Order and DOT Order on environmental justice - Avoid or mitigate disproportionately high and adverse effects on low-income and minority populations - Measures to identify how disproportionate impacts are addressed Methodologies not specified Planning NPRM – Linkage to Environment NPRM

42. NPRM Public Outreach Meeting 42 Environmental Justice (cont’d)  Intended Outcomes Reduce disproportionate impacts of transportation investments on minorities and low-income groups Clarify and ensure Title VI application in planning and project development processes Earlier identification and analysis of community impacts of transportation investments Effective inclusion and engagement of minorities and low-income groups in transportation decision-making Early identification of impacts that can be mitigated (reduction of adverse impacts) and equitable application of mitigation actions Planning NPRM – Linkage to Environment NPRM

43. NPRM Public Outreach Meeting 43 Planning and Project Development (NEPA) Linkage  Legislative Provisions TEA-21 (Section 1308) eliminates separate Major Investment Study (MIS) requirement and calls for integrating the requirement with analyses in the planning and environmental (NEPA) rules  Current Regulations Participants cooperatively decide on need to do MIS Planning analyses may be used in NEPA process Planning NPRM – Linkage to Environment NPRM

44. NPRM Public Outreach Meeting 44 Planning and Project Development (NEPA) Linkage (cont’d)  Proposed Regulations [§1410.318 metropolitan, §1410.218 state] Eliminate standalone MIS; link planning and environmental processes Encourage early involvement of resource and permit agencies Planning analyses will serve as input to environmental process (no requirement to do NEPA process on plan or in planning); degree of detail at discretion of planning participants Planning NPRM – Linkage to Environment NPRM

45. NPRM Public Outreach Meeting 45 Planning and Project Development (NEPA) Linkage (cont’d)  Intended Outcomes Stronger consideration of environmental and economic impacts at early, systems level Streamlined decision-making in project development Documentation of planning actions, at discretion of participants, to support more NEPA streamlining Better transition from planning to project development Earlier and increased participation of environmental agencies in planning process Planning NPRM – Linkage to Environment NPRM

46. NPRM Public Outreach Meeting 46 Air Quality Conformity Provisions  Legislative Provisions No new TEA-21 provisions Conformity is a requirement of the Clean Air Act  Current Regulations Several provisions in the planning and NEPA rules reinforce conformity and tie to EPA’s conformity regulations Planning NPRM – Linkage to Environment NPRM

47. NPRM Public Outreach Meeting 47 Air Quality Conformity Provisions (cont’d)  Proposed Regulations [§1410.210(b), §1410.212(d), §1410.214(a), §1410.216(a) and (c)] Clarify and explain more clearly how transportation planning and air quality conformity work together throughout the rules, e.g., - Date of plan effectiveness tied to date of MPO and FHWA/FTA conformity findings for plans and TIPs - Incorporate EPA conformity definitions in FTA/FHWA planning rule - Clarify definition of plan and TIP lapse for conformity and transportation purposes Planning NPRM – Linkage to Environment NPRM

48. NPRM Public Outreach Meeting 48 Air Quality Conformity Provisions (cont’d)  Proposed Regulations (cont’d) - Specify more clearly when plan and TIP modification triggers a new conformity finding - Disallow TIP extensions in nonattainment areas - Encourage MPOs to participate in air quality planning process - TCMs can be added during conformity lapse using interim plan and TIP Planning NPRM – Linkage to Environment NPRM

49. NPRM Public Outreach Meeting 49 Air Quality Conformity Provisions (cont’d)  Intended Outcomes Clarify procedures Eliminate inconsistencies between EPA and U.S. DOT rules Establish common definitions of key terms Ensure timely processing of conformity determinations Avoid areas falling into lapse without knowing it Provide more certainty on plan/TIP update calendar Planning NPRM – Linkage to Environment NPRM

50. NPRM Public Outreach Meeting 50 Questions & Answers  Clarify Content and Intent of NPRM Planning NPRM

51. NPRM Public Outreach Meeting 51 Notice of Proposed Rulemaking Public Outreach Meeting  Introduction and Overview  Planning NPRM  ITS Architecture and Standards NPRM  Environment NPRM

52. NPRM Public Outreach Meeting 52 Major Policy Objectives  Implement section 5206 (e) of TEA-21 “The Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund,... conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a)” ITS Architecture and Standards NPRM

53. NPRM Public Outreach Meeting 53 Major Policy Objectives (cont’d)  Support key Federal priorities: Integration Interoperability Use of the National ITS Architecture and applicable standards  Incorporate ITS into existing transportation planning and project design procedures ITS Architecture and Standards NPRM

54. NPRM Public Outreach Meeting 54 Other Driving Forces  Based on Good Practice Lower cost Reduced development time Future expansion Evolutionary deployment Enhanced system performance Risk reduction ITS Architecture and Standards NPRM

55. NPRM Public Outreach Meeting 55 Ideology  Minimize adding “processes” Examine and build on existing processes Allot funds through planning processes Rely on existing Federal oversight  Balance between technical practicality and “real- world” feasibility  Phase in over time ITS Architecture and Standards NPRM

56. NPRM Public Outreach Meeting 56 USDOT Approach  Interim Guidance Issued October 1998 First step towards incremental implementation of TEA- 21 conformity requirement ITS Architecture and Standards NPRM

57. NPRM Public Outreach Meeting 57 USDOT Approach (cont’d)  Final Policy Transportation Planning NPRM (§1410) - Metropolitan and statewide planning (FHWA and FTA), including ITS Architecture and standards Project Development NPRM (§940) - National ITS Architecture and Standards (FHWA) FTA National ITS Architecture Consistency Policy for Project Development - National ITS Architecture and Standards (FTA) ITS Architecture and Standards NPRM

58. NPRM Public Outreach Meeting 58 Outreach and Comment Process Spring 98 Outreach meetings on conceptual approach June 98 – Jan 99Secretary Slater’s Listening Sessions on TEA- 21 implementation Spring 99Informational presentations on U.S. DOT “policy approach; thoughts to date” May – Oct 99Draft rules prepared Nov 99 FTA/FHWA approval and transmittal to Secretary Slater Spring 2000 Coordination of timing with Planning NPRM May – Aug 00Publication in Federal Register with 90 day comment period June – July 00 Seven public briefings ITS Architecture and Standards NPRM

59. NPRM Public Outreach Meeting 59 Transportation Planning (§1410)  Legislative Provision All projects funded with highway trust fund monies must conform with the National ITS Architecture and standards  Current Regulations None specific to ITS ITS Architecture and Standards NPRM

60. NPRM Public Outreach Meeting 60 Transportation Planning (§1410)  Proposed Regulations Develop ITS Integration Strategy Engage Operating Agencies Produce Interagency Agreement Identify Major Regional ITS Initiatives ITS Architecture and Standards NPRM

61. NPRM Public Outreach Meeting 61 Transportation Planning (§1410) Proposed Regulations: ITS Integration Strategy  Developed by multiple stakeholders (including operating agencies)  Identifies key system functions and information sharing  Identifies major ITS projects, regional ITS initiatives, or projects that support national interoperability  Documented as part of the Transportation Plan ITS Architecture and Standards NPRM

62. NPRM Public Outreach Meeting 62 Transportation Planning (§1410) Proposed Regulations: ITS Integration Strategy  Section §1410.214(a)(3) - statewide planning  Section §1410.322(b)(11) - metropolitan planning  Develop Integration Strategy “...to guide and coordinate ITS investments, appropriate to scale.”  Supports development of integrated ITS development ITS Architecture and Standards NPRM

63. NPRM Public Outreach Meeting 63 Transportation Planning (§1410) Proposed Regulations: ITS Integration Strategy (cont’d)  Additional statewide planning provisions in §1410.214(a)(3) Statewide similar to metropolitan areas, although smaller projects require less documentation ITS integration strategy shall be developed no later than the first update of the STIP or transportation plan that occurs two years following the effective date of the rule ITS Architecture and Standards NPRM

64. NPRM Public Outreach Meeting 64  Additional provisions §1410.322(b)(11) The following agencies should participate in the development of the ITS integration strategy: - Highway and public safety agencies - Appropriate Federal lands agencies - State motor carrier agencies as appropriate - And other operating agencies necessary to fully address ITS regional integration Transportation Planning (§1410) Proposed Regulations: Engaging Operating Agencies ITS Architecture and Standards NPRM

65. NPRM Public Outreach Meeting 65  §1410.310(g) Agreement among the MPO, State DOT, transit operators, and other agencies: - ITS project interoperability - utilization of ITS standards - routine operation of the projects Transportation Planning (§1410) Proposed Regulations: Interagency Agreement ITS Architecture and Standards NPRM

66. NPRM Public Outreach Meeting 66 Transportation Planning (§1410) Proposed Regulations: Identifying Major Initiatives  §1410.322(b)(11) The ITS Integration Strategy shall identify in the Transportation Plan: - Major regional ITS initiatives - ITS projects that affect regional integration - ITS projects that directly support national interoperability ITS Architecture and Standards NPRM

67. NPRM Public Outreach Meeting 67  Intended Outcomes ITS Integration Strategy developed as part of transportation planning process, through involvement of all relevant stakeholders ITS systems planned with future integration opportunities “built-in” ITS investments work together toward regional and national interoperability Transportation Planning (§1410) ITS Architecture and Standards NPRM

68. NPRM Public Outreach Meeting 68 Transportation Planning (§1410)  Intended Outcomes (continued) Better operation and management of transportation systems Enhanced interagency cooperation in management and development of transportation systems Key ITS projects and initiatives are targeted early in planning process to facilitate more effective integration ITS Architecture and Standards NPRM

69. NPRM Public Outreach Meeting 69 Project Development Same Policy – Different Process  FHWA NPRM to change §940  FTA Policy for project development and request for comment will update and create circulars as appropriate ITS Architecture and Standards NPRM

70. NPRM Public Outreach Meeting 70 Project Development (§940)  Legislative Provision All projects funded with any highway trust fund monies must conform with the National ITS Architecture and standards  Current Regulations 23 CFR 655 Subpart D is related and is to be replaced per this proposed rule ITS Architecture and Standards NPRM

71. NPRM Public Outreach Meeting 71 Project Development (§940)  Proposed Regulations Develop ITS Regional Architecture Include Concept of Operations and Conceptual Design Use System Engineering Process* Use Applicable Standards and Interoperability Tests Phase in Over Two Years *Note: FHWA and FTA policy differ slightly ITS Architecture and Standards NPRM

72. NPRM Public Outreach Meeting 72  §940.9(a) New Part 940 to subchapter K of 23 CFR. - An ITS regional architecture shall be developed for implementation, and shall conform with the ITS integration Strategy - The National ITS Architecture shall be used as a resource in the development of the ITS regional architecture.  §940.9(d) ITS regional architecture may be: - Developed as an initial project development effort and updated as new projects are initiated, or - Developed incrementally as major ITS investments are initiated and updated with subsequent projects. Project Development (§940) Proposed Regulation: ITS Regional Architecture ITS Architecture and Standards NPRM

73. NPRM Public Outreach Meeting 73  §940.9(c) - regional ITS architecture shall include, at a minimum: - Concept of operations address roles and responsibilities of participating agencies existing or required agreements for operations resources required to support the project - Conceptual design must support subsequent project design regarding: System functional requirements Existing and planned Interface requirements and information exchanges Identification of key standards supporting regional and national interoperability Prioritization of phases required in implementation Project Development (§940) Proposed Regulation: Concept of Operations and Conceptual Design ITS Architecture and Standards NPRM

74. NPRM Public Outreach Meeting 74  §940.11 FHWA ITS projects must be developed using a system- engineering process FTA and FHWA projects must be consistent with the ITS regional architecture strong recommendation to use the National ITS Architecture as a resource  §940.13(a) Project specifications shall ensure that the project accommodates - Sharing of electronic information - Existing and future functionality and operation Project Development (§940) Proposed Regulation: Systems Engineering Process ITS Architecture and Standards NPRM

75. NPRM Public Outreach Meeting 75  §940.13(b) All ITS projects funded with highway trust funds shall use applicable US DOT adopted ITS standards and interoperability tests (At this time, no standards or interoperability tests have been officially adopted by U.S. DOT.) Project Development (§940) Proposed Regulation: Standards and Interoperability Tests ITS Architecture and Standards NPRM

76. NPRM Public Outreach Meeting 76 Project Development (§940) Proposed Regulation: Compliance  940.15(a) Prior to authorization of highway trust funds for construction or implementation - Linkage to the ITS regional architecture or to the ITS integration strategy - Commitment to the operations, management, and maintenance of the overall system ITS Architecture and Standards NPRM

77. NPRM Public Outreach Meeting 77 Project Development (§940) Proposed Regulation: Compliance (cont’d)  940.15(b) Documentation shall include: - ITS regional architecture and/or ITS integration strategy which are implemented through the project - Applicable ITS standards and/or interoperability tests - Coordination strategies - Update of the ITS regional architecture and/or ITS integration strategy to reflect any applicable changes.  940.15(c) ITS projects shall be monitored for compliance with this part under normal Federal-aid project oversight procedures ITS Architecture and Standards NPRM

78. NPRM Public Outreach Meeting 78 Project Development (§940) Proposed Regulation: Phasing  940.15(d-f) A regional architecture is not required until two years after the rule becomes final. However, all ITS projects that advance to design or preliminary engineering must conform with the system engineering requirements [940.11] and applicable standards as soon as the rule becomes final. If a regional architecture or integration strategy are not available, the project managers should be encouraged to use the National ITS Architecture as a resource. ITS Architecture and Standards NPRM

79. NPRM Public Outreach Meeting 79  Intended Outcomes Develop ITS regional architecture - Consistent with the ITS integration strategy - Based on the National ITS Architecture Stakeholders agree on concept of operations for implementation of the ITS integration strategy The National ITS Architecture is used as a resource in developing regional architecture and is also used as a resource for ITS project development Project Development (§940) ITS Architecture and Standards NPRM

80. NPRM Public Outreach Meeting 80  Intended Outcomes (continued) Sound systems-engineering principles become a routine part of project design Better operating and management of transportation system Enhanced interagency cooperation in the management and development of transportation systems ITS projects will provide for all applicable information-sharing opportunities U.S. DOT-adopted ITS standards and interoperability tests will be used in ITS projects Project Development (§940) ITS Architecture and Standards NPRM

81. NPRM Public Outreach Meeting 81 Summary of Major Provisions or Changes  Conformance with the National ITS Architecture is a process. The process includes development of a local ITS approach to which subsequent ITS projects will adhere  ITS is part of the transportation planning process and includes development of an ITS integration strategy  An ITS regional architecture is developed based on the National ITS Architecture and tailored to meet local needs ITS Architecture and Standards NPRM

82. NPRM Public Outreach Meeting 82 Summary of Major Provisions or Changes (continued)  ITS projects implement the ITS integration strategy and the ITS regional architecture  ITS projects are required to use USDOT adopted standards and interoperability tests ITS Architecture and Standards NPRM

83. NPRM Public Outreach Meeting 83 FTA Proposed Policy Implementation  Add National ITS Architecture and Standards conformity to the annual list of certifications and assurances for FTA grants and cooperative agreements  Update FTA circulars  Incorporate current oversight mechanisms into review and avoid the invention of new processes Grant application reviews, annual risk assessments, triennial reviews, State management reviews, and quarterly progress reviews ITS Architecture and Standards NPRM

84. NPRM Public Outreach Meeting 84 Stakeholder Support Activities  ITS Deployment Analysis System (IDAS)  Architecture training course (2 & 3-day versions)  Architecture case studies  Turbo Architecture  Architecture Workshops - Tier I & II  Advanced Architecture CD Workshops  FTA ITS oversight and technical assistance  More information available at www.its.dot.gov ITS Architecture and Standards NPRM

85. NPRM Public Outreach Meeting 85 Questions & Answers  Clarify Content and Intent of NPRM ITS Architecture and Standards NPRM

86. NPRM Public Outreach Meeting 86 Notice of Proposed Rulemaking Public Outreach Meeting  Introduction and Overview  Planning NPRM  ITS Architecture and Standards NPRM  Environment NPRM

87. NPRM Public Outreach Meeting 87 Major Provisions or Changes NEPA Policy Framework Environmental Justice Planning and Project Development (NEPA) Linkage Environmental Streamlining Alternate Procedures USDOT Integration Contracting for Engineering Services Air Quality Conformity Categorical Exclusions Section 4(f) Environment NPRM

88. NPRM Public Outreach Meeting 88 Major Provisions and Changes (cont’d)  Linkages to Planning Environmental Justice/Title VI Planning and Project Development (NEPA) Linkage Air Quality Conformity Provisions Environment NPRM

89. NPRM Public Outreach Meeting 89 NEPA Policy Framework  Legislative Provisions No new TEA-21 provisions Environment NPRM

90. NPRM Public Outreach Meeting 90 NEPA Policy Framework (cont’d)  Current Regulations NEPA document and process address all environmental requirements to fullest extent possible Decisions made in best overall public interest Public involvement and systematic interdisciplinary approach essential parts of NEPA process Mitigation measures incorporated into action and eligible for Federal funding Environmental document preparation costs eligible for Federal assistance Non-discrimination in conduct of the NEPA process Environment NPRM

91. NPRM Public Outreach Meeting 91 NEPA Policy Framework (cont’d)  Proposed Regulations [§1420.101 - 1420.113] Applicability of CEQ regulations emphasized Multiple goals of NEPA process highlighted Greater visibility of NEPA as procedural umbrella Avoidance, minimization, mitigation and enhancement responsibilities Environmental justice guidelines Environment NPRM

92. NPRM Public Outreach Meeting 92 NEPA Policy Framework (cont’d)  Intended Outcomes Underscore central role of NEPA process in transportation decisionmaking Reveal full range of Federal environmental mandates Promote reasonable measures to protect and enhance the environment Provide a framework for ensuring environmental justice in NEPA process Environment NPRM

93. NPRM Public Outreach Meeting 93 Environmental Justice  Legislative Provisions No specific provision in TEA-21 Proposed regulatory changes based on current Title VI requirements of Civil Rights Act  Current Regulations Nondiscrimination policy statement Environment NPRM

94. NPRM Public Outreach Meeting 94 Environmental Justice (cont’d)  Proposed Regulations [§1420.111] Affirmative duty to avoid disproportionate effects where possible Data/analysis to support conclusions regarding environmental equity of decisions Environment NPRM

95. NPRM Public Outreach Meeting 95 Environmental Justice (cont’d)  Intended Outcomes Prevent discrimination Engage potentially affected communities in decisionmaking Identify impact avoidance and minimization strategies Environment NPRM

96. NPRM Public Outreach Meeting 96 Planning and Project Development (NEPA) Linkage  Legislative Provisions TEA-21 (Section 1308) eliminates separate Major Investment Study requirement and calls for integrating the requirement with analyses in the planning and environmental (NEPA) rules Environment NPRM

97. NPRM Public Outreach Meeting 97 Planning and Project Development (NEPA) Linkage (cont’d)  Current Regulations No provision in the current NEPA regulations Environment NPRM

98. NPRM Public Outreach Meeting 98 Planning and Project Development (NEPA) Linkage (cont’d)  Proposed Regulations [ §1420.201] Planning studies given explicit standing in the NEPA process NEPA process relies on planning studies and decisions “based on various factors” Environment NPRM

99. NPRM Public Outreach Meeting 99 Planning and Project Development (NEPA) Linkage (cont’d)  Intended Outcomes Enhance coordination between planning and NEPA processes Reduce project delay by making greater use of planning results Eliminate redundant work Increase public confidence in transportation planning and project development Environment NPRM

100. NPRM Public Outreach Meeting 100 Environmental Streamlining  Legislative Provisions TEA-21 (Section 1309) directs the Secretary of Transportation to establish a coordinated environmental review process Environment NPRM

101. NPRM Public Outreach Meeting 101 Environmental Streamlining (cont’d)  Current Regulations No current provisions specifically on environmental streamlining Policy language on using NEPA process and documents to address all required environmental reviews CEQ regulations address reducing delay Environment NPRM

102. NPRM Public Outreach Meeting 102 Environmental Streamlining (cont’d)  Proposed Regulations [ §1420.203] Explicit process for identifying agencies, issues, methodologies, time frames, etc. Informal and formal dispute resolution Option to include State environmental reviews in streamlined process Option to exclude non-EIS projects at applicant’s request Environment NPRM

103. NPRM Public Outreach Meeting 103 Environmental Streamlining (cont’d)  Intended Outcomes Reduce project delays Protect and enhance the environment Environment NPRM

104. NPRM Public Outreach Meeting 104 Alternate Procedures  Legislative Provisions No new TEA-21 provisions  Current Regulations No provision Environment NPRM

105. NPRM Public Outreach Meeting 105 Alternate Procedures (cont’d)  Proposed Regulations [ §1420.209] Option for applicants to propose alternate procedures USDOT approval after consultation with CEQ  Intended Outcomes Allow for innovation in meeting NEPA requirements Provide flexibility for better integrating with State/local project development processes Environment NPRM

106. NPRM Public Outreach Meeting 106 USDOT Integration  Legislative Provisions No new TEA-21 provisions ISTEA (Section 3012) directs FTA to conform its NEPA process to FHWA’s process Environment NPRM

107. NPRM Public Outreach Meeting 107 USDOT Integration (cont’d)  Current Regulations Different treatment of FHWA and FTA in many sections of the regulations Environment NPRM

108. NPRM Public Outreach Meeting 108 USDOT Integration (cont’d)  Proposed Regulations [§1420.211] Distinctions between FHWA and FTA virtually eliminated Option for other USDOT modes to use these regulations Environment NPRM

109. NPRM Public Outreach Meeting 109 USDOT Integration (cont’d)  Intended Outcomes Simplify process for applicants that deal with both FHWA and FTA Eliminate redundant requirements for projects involving multiple USDOT modes Environment NPRM

110. NPRM Public Outreach Meeting 110 Contracting for Engineering Services  Legislative Provisions TEA-21 (Section 1205) allows a single consultant to be hired for NEPA and subsequent engineering services Environment NPRM

111. NPRM Public Outreach Meeting 111 Contracting for Engineering Services (cont’d)  Current Regulations No provision CEQ regulations prohibit conflict of interest Environment NPRM

112. NPRM Public Outreach Meeting 112 Contracting for Engineering Services (cont’d)  Proposed Regulations [§1420.301] Single consultant can be hired for NEPA and post- NEPA work Objectivity review required Environment NPRM

113. NPRM Public Outreach Meeting 113 Contracting for Engineering Services (cont’d)  Intended Outcomes Protect the integrity of the NEPA process Reduce project delays Maintain institutional knowledge throughout project development Environment NPRM

114. NPRM Public Outreach Meeting 114 Air Quality Conformity  Legislative Provisions No new TEA-21 provisions  Current Regulations Link between NEPA and conformity not explicit Environment NPRM

115. NPRM Public Outreach Meeting 115 Air Quality Conformity (cont’d)  Proposed Regulations [§1420.307] ROD, FONSI, CE approval not allowed until project conforms  Intended Outcomes Clarify Clean Air Act prohibitions on Federal approvals in non-attainment areas until after conformity determination Environment NPRM

116. NPRM Public Outreach Meeting 116 Categorical Exclusions  Legislative Provisions No new TEA-21 provisions NHS Act (Section 316) categorically excludes transportation enhancements Environment NPRM

117. NPRM Public Outreach Meeting 117 Categorical Exclusions (cont’d)  Current Regulations Two broad categories: “automatic” CEs and “documented” CEs Specific activities listed under two categories Environment NPRM

118. NPRM Public Outreach Meeting 118 Categorical Exclusions (cont’d)  Proposed Regulations [§1420.311] List of activities updated to reflect ITS, enhancements, other activities Modification of which activities are “automatic” vs. “documented” CEs Environment NPRM

119. NPRM Public Outreach Meeting 119 Categorical Exclusions (cont’d)  Intended Outcomes Streamline NEPA process for new low-impact activities Maintain current flexibility Environment NPRM

120. NPRM Public Outreach Meeting 120 Section 4(f)  Legislative Provisions No new TEA-21 provisions  Current Regulations Section 4(f) requirements part of the NEPA regulations Environment NPRM

121. NPRM Public Outreach Meeting 121 Section 4(f) (cont’d)  Proposed Regulations [§1430] Section 4(f) in separate part of CFR [§1430] Programmatic approvals explicitly allowed Certain enhancement activities excluded Link to planning and NEPA processes Conforming changes to new ACHP rules Environment NPRM

122. NPRM Public Outreach Meeting 122 Section 4(f) (cont’d)  Intended Outcomes Make section 4(f) regulation more user-friendly Update to reflect enhancement activities Put section 4(f) on equivalent procedural footing with other environmental mandates Environment NPRM

123. NPRM Public Outreach Meeting 123 Questions & Answers  Clarify Content and Intent of NPRM Environment NPRM