Notice of Proposed Rulemaking Public Outreach Meeting

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

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

3. Notice of Proposed RulemakingPublic Outreach Meeting • Introduction and Overview • Planning NPRM • ITS Architecture and Standards NPRM • Environment NPRM 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 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 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 99 Draft rules prepared May 00 Publication in Federal Register with 90 day comment period June 00 National video conference June - July 00 Seven public briefings NPRM Public Outreach Meeting

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

8. Submitting Comments on NPRMs • Submit in writing to: Docket Clerk U.S. DOT Dockets, Room PL-401 400 7th 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 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 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 NPRM Public Outreach Meeting

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

12. Planning NPRM 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. NPRM Public Outreach Meeting

13. Planning NPRM 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. NPRM Public Outreach Meeting

14. Planning NPRM 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 NPRM Public Outreach Meeting

15. Planning NPRM 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. NPRM Public Outreach Meeting

16. Planning NPRM 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 NPRM Public Outreach Meeting

17. Planning NPRM 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 NPRM Public Outreach Meeting

18. Planning NPRM 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 NPRM Public Outreach Meeting

19. Planning NPRM 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 NPRM Public Outreach Meeting

20. Planning NPRM 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 NPRM Public Outreach Meeting

21. Planning NPRM 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 NPRM Public Outreach Meeting

22. Planning NPRM 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 NPRM Public Outreach Meeting

23. Planning NPRM 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 NPRM Public Outreach Meeting

24. Planning NPRM 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 NPRM Public Outreach Meeting

25. Planning NPRM 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 NPRM Public Outreach Meeting

26. Planning NPRM 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 NPRM Public Outreach Meeting

27. Planning NPRM 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)] NPRM Public Outreach Meeting

28. Planning NPRM 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 NPRM Public Outreach Meeting

29. Planning NPRM 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 NPRM Public Outreach Meeting

30. Planning NPRM 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 NPRM Public Outreach Meeting

31. Planning NPRM 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 NPRM Public Outreach Meeting

32. Planning NPRM 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 NPRM Public Outreach Meeting

33. Planning NPRM 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 NPRM Public Outreach Meeting

34. Planning NPRM 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 NPRM Public Outreach Meeting

35. Planning NPRM – Linkage to ITS NPRM 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 NPRM Public Outreach Meeting

36. Planning NPRM – Linkage to ITS NPRM 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 NPRM Public Outreach Meeting

37. Planning NPRM – Linkage to ITS NPRM ITS Transportation Investments (cont’d) • 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 NPRM Public Outreach Meeting

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

39. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

40. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

41. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

42. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

43. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

44. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

45. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

46. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

47. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

48. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

49. Planning NPRM – Linkage to Environment NPRM 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 NPRM Public Outreach Meeting

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