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. AGC provided extensive comments and generated 125 letters, including comments from 18 AGC chapters, pointing out the significance of the rule changes. DOT informed AGC 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.
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