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DOT Regulatory Agenda Shows MAP-21 Rules Moving Forward, DBE Rule Extended

The Department of Transportation (DOT) released its Semiannual regulatory agenda this week, which gives a status report on a number of pending rules and regulations that the agency is working on. Many of the rules on the list are related to implementation of provisions in MAP-21. FHWA has issued temporary guidance to states on how to implement these provisions pending the final outcome of the regulatory process including: categorical exemptions from the environmental review process for projects in highway right of way or that do not meet a $5 million threshold; use of Construction manager/General Contractor and design-build contracting procedures; performance measurements; work zone safety and others. Most of these rules are close to being proposed and FHWA projects that they will be finalized in the next few months. To note is a pending rule altering the application of the Disadvantaged Business Enterprise (DBE) program. DOT issued a notice of proposed rule-making in September 2012 in which it recommended only minor changes to the rule. ÎÚÑ»´«Ã½ provided extensive comments and generated 125 letters, including comments from 18 ÎÚÑ»´«Ã½ chapters, pointing out the significance of the rule changes.Ìý DOT informed ÎÚÑ»´«Ã½ that it has now determined the rule would have significant impacts if adopted. Issuance of a final rule has been now placed on the long-term agenda. For more information, please contact Brian Deery at (703) 837-5319 ordeeryb@agc.org.Ìý