Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices 29861

1The FHWA is the implementing agency.

For example, if a sharp curve exists within

the zone, do not reduce the speed limit in the

entire zone—remove the sharp curve or add

the appropriate warning sign.

Appendix B—Guidelines for Public

Information and Education (PI&E)

Programs for Rational Speed Limits

I. Introduction

Speeding—driving in excess of the posted

speed limits or driving too fast for

conditions—is a contributing factor in

approximately 30 percent of all fatal traffic

crashes. A comprehensive Public Information

and Education (PI&E) program is essential to

gain motorist compliance with rational speed

limits. All available means that can be used

to effectively carry the awareness message to

the motoring public should be used.

II. Methods and Strategies

A plan should be developed that includes

media analysis and profiles of target

audiences to determine optimum media mix

and timing for the campaign. This plan

should be followed for the duration of the

PI&E program. It should primarily reflect

methods for monitoring the effectiveness of

the PI&E program prior to its initiation and

as it progresses. Improvements in the PI&E

program should be made, as necessary, for

maximum effectiveness.

All materials should be developed in

appropriate languages that reflect the

demographics of the public within the target

project demonstration area. PI&E activities

should be conducted, as appropriate, prior to

and during the speed management project.

PI&E strategies should be developed in the

following areas:

• An overall PI&E awareness program

concerning the new speed management

techniques to ensure motorist acceptance and

compliance. This awareness program should

reflect a unified approach across media while

maximizing the value and effectiveness of

each media program.

• A PI&E event schedule, including special

press activities and press conferences.

• Distributed Materials: Fact sheets,

inserts, flyers, posters, print ads, exhibits and

displays.

• News Media Materials: Press releases,

public service announcements, liveannouncer scripts.

• Press conferences should be used where

appropriate. These conferences should occur

at the initiation of the demonstration project

(and at other key periods) in order to achieve

maximum press coverage. Press conferences,

when practical, shall include participation

from all groups involved in the

demonstration project, (i.e., traffic engineers,

law enforcement officers, prosecutors,

judges).

Appendix C—Guidelines for

Enforcement of Safe and Rational

Speed Limits

Enforcement of traffic laws is successful

primarily through the principle of deterrence.

The fundamental concept is that credible

threats of punishment deter unwanted

behavior.

I. Elements of the Deterrence Process

A. Behavior Must Be Definable,

Understandable and Detectable

The behavior that we want to stop, in this

case, is traveling at unsafe, unacceptable

speeds over the newly established rational

speed limits. Enforcement operations shall

take a top-down approach for establishing the

enforcement threshold. Speed measurements

at the selected road segments shall be used

to determine the top 5 percent of speeds.

This information will be used to establish the

enforcement threshold. The enforcement

threshold should never be less than 5 mph

above the new posted speed limit. This topdown strategy will not overwhelm the law

enforcement officers, the prosecutors, or the

courts. This strategy promotes public and

court acceptance of enforcement by targeting

only the most egregious violators. The overall

goal of the enforcement efforts is motorist

compliance, not issuance of citations.

B. Deterrence Depends Upon the Perceived

Risk of Apprehension

The public must be aware that new speed

limits will be strictly enforced. Highly

visible, highly publicized enforcement efforts

enhance this perception. The involved

enforcement agencies shall commit

additional resources above the norm for

speed enforcement efforts at the selected

roadway segments. This effort will provide a

consistent law enforcement presence without

the appearance of a ‘‘speed trap’’ being in

operation. The strategy should still allow the

enforcement officers to be available to

respond to other law enforcement activities

as necessary.

C. Deterrence Depends on the Swiftness,

Certainty, and Severity of Punishment

Once caught, speeders must be adjudicated

quickly with a high likelihood of significant

penalties.

II. Operational Considerations

A. Officers

Basic enforcement speed-measuring device

(e.g., radar, lidar, vascar, etc.) operator

training programs developed by NHTSA will

be offered by the U.S. DOT for officers

involved in speed enforcement. In addition,

officers involved in speed enforcement are

encouraged to comply with the enforcement

and operational procedures established by

U.S. DOT. Traffic officers assigned to patrol

the demonstration roads should devote a

significant portion of their shift on speed

enforcement.

B. Marked Police Vehicles

It is desirable that speed enforcement on

the selected roadway segments be highly

visible. Marked police vehicles frequently

patrolling the roadway segments provide this

visibility. The use of unmarked vehicles for

speed enforcement should be kept at a

minimum. Unmarked police vehicles tend to

give the public the perception that the

roadway segment is a ‘‘speed trap’’. This

perception should be avoided.

C. Speed-Measuring Devices

All speed-measuring devices used in the

speed enforcement efforts should be listed on

the International Association of Chiefs of

Police (IACP) Consumer Products List (CPL).

In addition, selected speed-measuring

devices should comply with the testing for

accuracy and reliability procedures

established by the IACP Speed-Measuring

Device Testing Program Administration

Guide.

D. Speed Display Trailer

The applicant may use speed display

trailers on the selected roadway segments to

inform the motoring public of their travel

speed on the selected roadway segments.

[FR Doc. 01–13721 Filed 5–31–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Participation in the Intelligent

Transportation Infrastructure Program

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice; request for participation.

SUMMARY: The U.S. DOT1 is interested

in working with State and local

governments and an existing private

sector partner to develop an ability to

measure the operating performance of

the roadway system at a regional and

national level and to produce other

valuable streams of information. The

U.S. DOT is interested in assisting State

and local transportation agencies to

have access to real-time and archived

performance data to assist in their

planning, evaluation, and management

activities. To achieve these objectives,

the U.S. DOT is seeking applications

from State and/or local transportation

agencies interested in forming a public/

private partnership, with a private

partner preselected by the U.S. DOT, to

participate in the Intelligent

Transportation Infrastructure Program

(ITIP).

DATES: Applications to participate in the

ITIP must be received by 4 p.m., e.t.,

July 31, 2001.

ADDRESSES: Applications to participate

in the ITIP should be submitted directly

to the Federal Highway Administration,

Office of Travel Management, HOTM–1,

Attention: Chung Eng, 400 Seventh St.,

SW., Room 3404, Washington, DC

20590. Applications may be submitted

electronically to:

chung.eng@fhwa.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr.

Chung Eng, Office of Travel

Management (HOTM–1), (202) 366–

8043, or Mr. Wilbert Baccus, Chief

Counsel Service Business Unit (HCC–

40), (202) 366–0780, Department of

29862 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices

Transportation, Federal Highway

Administration, 400 Seventh St., SW.,

Washington, DC 20590. Office hours are

from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday, except Federal holidays.

The point of contact for the preselected

private partner is as follows: Mr. John

Collins, Traffic.com, Chesterbrook

Corporate Center, 851 Duportail Road,

Suite 220, Wayne, Pennsylvania,

Telephone: (610) 407–3412.

SUPPLEMENTARY INFORMATION:

Background

The U.S. DOT is interested in

developing an ability to measure the

operating performance of the roadway

system at a national level. The U.S. DOT

is also interested in State and local

transportation agencies having access to

roadway system performance data to

assist in their planning, evaluation, and

management activities. The ITIP

provides Federal funding for the

integration of intelligent transportation

infrastructure in major metropolitan

areas with a population exceeding

300,000. The ITIP will enhance existing

surveillance infrastructure through

integration, along with strategic

deployment of supplemental

surveillance infrastructure.

In addition, the U.S. DOT is interested

in facilitating public/private

partnerships and the commercialization

of traveler information data to create the

opportunity for self-sustained systems

that attract private capital. To be useful

for the purposes described, roadway

system performance data must be

measured continuously, and be

available in both real-time and archived

formats. There is consensus within the

transportation community that travel

time and travel time reliability are

among the best measures for these

purposes. These and other desired

measures are described in further detail

within this solicitation.

The path to achieving these objectives

presents an opportunity to serve public

agency needs in true public/private

partnerships. It is recognized that the

same data that is useful to the public

transportation agencies also has value

for commercial traveler information

applications. Thus, the potential exists

for a public/private partnership that

would collect system performance data

to serve national and local needs and, at

the same time, use the same data for

commercial traveler information

purposes.

Such a partnership was envisioned in

section 5117(b)(3) of the Transportation

Equity Act for the 21st Century (TEA–

21), Pub. L. 105–178, as amended by

title IX of Pub. L. 105–206, which

requires the provision of private

technology commercialization

initiatives as part of a program to

‘‘advance the deployment of an

operational intelligent transportation

infrastructure system for the

measurement of various transportation

system activities to aid in the

transportation planning and analysis

while making a significant contribution

to the ITS program.’’ To that end, the

U.S. DOT has retained a private sector

Consortium consisting of Traffic.com;

Signal Corporation; Michael Baker Jr.,

Inc.; L.R. Kimball & Associates, Inc.; and

PB Farradyne, Inc. to experiment with

the collection and archiving of

performance monitoring data that will

ultimately be used to measure national

system performance while also using

this data for commercial traveler

information purposes. The leader of this

Consortium is Traffic.com, with the

remaining members primarily playing

support roles.

To date, the U.S. DOT and the

Consortium have tested this public/

private partnership in two (2) cities:

Pittsburgh, PA and Philadelphia, PA.

Briefly, the deployments in the two (2)

initial cities feature the following:

• Over one hundred (100) sensors

deployed in each city along freeways

and other major arterials capable of

providing data on volume, speed, lane

occupation, and limited vehicle

classification;

• Archived database function;

• Free web-based access to basic realtime as well as archived data for public

agency stakeholders;

• Free web-based traffic condition

information to the general public;

• Additional value-added commercial

services on a fee basis;

• Firm, fixed price contract where the

private partner owns, operates, and

maintains the system;

• Integration of at least one legacy

system (e.g. the Pennsylvania DOT’s

Traffic Operations Center in Pittsburgh);

• Private funding contribution toward

infrastructure; and

• Sharing of gross revenues to

support system enhancements.

This notice and request for

participation extends the existing

relationship with the Consortium, along

with any necessary changes in support

role members, to two (2) additional

metropolitan areas. Lessons from the

initial deployments as well as

additional elements of national interest

are reflected in this notice and request.

This includes an increased emphasis on

integrating existing data, and added

requirements for calculating reliability

performance measures using the data to

be collected, and monthly submittal of

performance measure reports to the U.S.

DOT.

This expansion of the ITIP provides

for the selection, under the current task

order contract with the Consortium, of

two (2) additional metropolitan areas to

receive Federal grants of no more than

$2 million each. The focus in these two

(2) expansion metropolitan areas is to

enhance existing surveillance

infrastructure through integration, along

with strategic deployment of

supplemental surveillance

infrastructure. The enhanced

surveillance infrastructure and

performance data generated will be used

to: (1) Aid the public sector partner in

carrying out system management

activities including operations,

planning, analysis, and maintenance; (2)

support the provision of free basic

traveler information to the public; (3)

provide opportunities for

commercialization of other Advanced

Traveler Information Services (ATIS);

and (4) support submittal of data and

system performance measure reports to

the U.S. DOT on a monthly basis.

Preference will be given to the top 78

metropolitan areas in support of the

1996 U.S. DOT ITS goal to deploy a

complete Intelligent Transportation

Infrastructure in these areas within the

next decade. Preference will also be

given to metropolitan areas that are

currently experiencing significant

congestion problems; and which already

have substantial infrastructure in place

such that much of the $2 million in

Federal funds can be used to fill in data

gaps, and to facilitate system integration

and data management.

Objectives: This solicitation addresses

the program provided for under section

5117(b)(3) of the TEA–21. The U.S. DOT

is providing funding to:

• Accelerate the integration and

enhancement of intelligent

transportation infrastructure in major

metropolitan areas to enable and help

manage the continuous monitoring of

the roadway system for purposes of

providing real-time as well as archived

data to aid in the operation, planning,

analysis, and maintenance activities of

the U.S. DOT and State and local

agencies;

• Enhance the quality, availability,

and accessibility of transportation

system performance data to enable the

calculation of mobility performance and

system reliability measures while

satisfying system operational needs at

the same time;

• Provide to the U.S. DOT

performance data and reports which, at

a minimum, include data outlined in

the Technical Plan description under

Selection Criteria;

Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices 29863

• Provide a traveler information

service that includes free public access

to basic traveler information, and

supports provision of a 511 based

telephone service; and

• Realize and publicize the benefits of

regionally integrated and interoperable

intelligent transportation infrastructure

capable of supporting regional as well as

national needs.

As stated in section 5117(b)(3) of

TEA–21, additional program objectives

include:

• Providing private technology

commercialization initiatives to

generate revenues which will be shared

with the U.S. DOT;

• Collecting data primarily through

wireless transmission along with some

shared wide area networks;

• Aggregating data into reports for

multipoint data distribution techniques;

and

• Utilizing an advanced information

system designed and monitored by an

entity with experience with the U.S.

DOT in the design and monitoring of

high reliability, mission critical voice

and data systems.

Funding: The U.S. DOT will select

two (2) metropolitan areas to participate

in this expansion of the ITIP. A total of

$2 million in Federal funds per

metropolitan area will be made

available incrementally over the next

two (2) calendar years to the

metropolitan areas selected through this

solicitation. The Federal funding will be

made available to the selected

partnerships through an existing

contract involving the Consortium.

Federal funding for the ITIP shall be

used to support:

1. Creation of a process and

mechanism to collect, integrate, archive,

manage, and report new and existing

transportation data for mobility and

performance monitoring, planning,

evaluation, and other similar purposes;

2. Creation of a data repository of new

and existing real-time traveler

information for dissemination to the

traveling public through a variety of

delivery mechanisms, including support

for a 511 based telephone service,

provision of free basic traveler

information to the public, and

commercial traveler information

services;

3. Creation of a regional

transportation information system that

integrates and supplements existing

surveillance infrastructure to support

public sector transportation

management needs and private sector

commercialization; and

4. Accommodation/integration of

existing transportation data collection,

archiving, and dissemination

mechanisms.

There is a twenty percent (20%)

matching share ($500,000) that must be

from non-Federally derived funding

sources, as statutorily required. For the

purposes of this program, this matching

share must consist of a cash

contribution to the project. The nonFederally derived funding may come

from State, local government, or private

sector partners. Note that funding

identified to support continued

operations, maintenance, and

management of the system will not be

considered as part of the partnership’s

cost-share contribution.

In an ITS partnership, as with other

U.S. DOT cost-sharing grants, it is

inappropriate to include a fee in the

proposed budget as part of a partner’s

contribution to the project. This does

not prohibit appropriate fee payments to

vendors or others that may provide

goods or services to the partnership. It

also does not prohibit business

relationships with the private sector

which result in revenues from the sale

or provision of ITS products or services.

The U.S. DOT regulations require grant

income to be deducted from

expenditures before billing. Given prior

approval, grant income can be used

either as match or cost share.

The U.S. DOT and the Comptroller

General of the United States have the

right to access all documents pertaining

to the use of Federal ITS funds and nonFederal contributions. Non-Federal

partners must maintain sufficient

documentation to substantiate these

costs. Such items as direct labor, fringe

benefits, material costs, consultant

costs, public involvement costs,

subcontractor costs, and travel costs

should be included in that

documentation.

Program-Wide Evaluation of Benefits

The U.S. DOT may use its resources

to conduct independent evaluations of

the benefits resulting from the ITIP at

the selected metropolitan areas. The

decision to evaluate benefits at a

specific metropolitan area will be made

on a case-by-case basis, reflecting

information needs at the U.S. DOT. The

ITIP partners shall cooperate with the

independent evaluators and participate

in evaluation planning and progress

review meetings to ensure a mutually

acceptable, successful implementation

of the independent evaluation.

Eligibility

To be eligible for participation in this

limited expansion of the ITIP,

applicants must establish a partnership

with the Consortium that is currently

under contract with the U.S. DOT to

initiate this program in Pittsburgh and

Philadelphia, Pennsylvania. Applicants

must also be willing to work within the

current contractual mechanism for the

initial deployments. This will involve

the following:

1. The FHWA has a contractual

arrangement with the Consortium in the

form of a work order under the U.S.

DOT’s Information Technology

Omnibus Procurement (ITOP) program

to develop and deploy systems in

Pittsburgh and Philadelphia. Since this

program expansion involves exercising

an option within the current ITOP work

order, the Federal funds provided will

continue to be made available to the

selected partnerships through this ITOP

arrangement. This involves direct

payment to the private partner of the

Federal funds to be provided; and

2. The selected metropolitan areas/

States are expected to negotiate their

own agreements with the Consortium,

henceforth referred to as the preselected

private partner, to facilitate their

financial contribution, and the work to

be performed. The ITOP work order(s),

including payment schedule, will be

adjusted as necessary to reflect the

agreements that have been individually

negotiated between the selected

metropolitan areas/States and the

preselected private partner.

Information on U.S. DOT’s ITOP

program can be found at http://

itop.dot.gov/itop/.

In addition, applications must:

1. Demonstrate that the population in

the metropolitan area where the

proposed deployment will occur

currently exceeds 300,000;

2. Demonstrate that the metropolitan

area where the proposed deployment

will occur currently experiences

significant vehicular traffic congestion

based upon metrics acceptable in the

transportation industry;

3. Demonstrate that the metropolitan

area where the proposed deployment

will occur has already made significant

investments in ITS infrastructure;

4. Demonstrate that the metropolitan

area where the proposed deployment

will occur provides an environment

supportive of commercialization of

traffic data;

5. Demonstrate that the proposed

deployment will achieve the objectives

described in the ‘‘Objectives’’ section of

this solicitation;

6. Demonstrate that sufficient funding

is available to successfully complete all

aspects of the proposed deployment

while complying with the cost sharing

and matching requirements described in

the ‘‘Funding’’ section of this

solicitation;

29864 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices

7. Commit to sharing existing

surveillance data with the preselected

private partner;

8. Provide access to rights-of-way for

installation of additional surveillance

infrastructure by the preselected private

partner;

9. Contain a Technical Plan, a

Management and Staffing Plan, and a

Financial Plan; and

10. Demonstrate a commitment to a

schedule whereby the proposed

deployment will be operational within

one year from the date of award.

Instructions to Applicants

An application to participate in the

ITIP shall consist of a Technical Plan, a

Management and Staffing Plan, and a

Financial Plan. Together, these shall not

exceed fifty (50) pages in length

including title, index, tables, maps,

appendices, abstracts, and other

supporting materials. Copies of

Memorandums of Understanding

(MOUs), or other similar appropriate

documents described below shall be

attached to the application and shall not

exceed fifteen (15) pages. A page is

defined as one (1) side of an 81⁄2 × 11

inch sheet of paper, with a type font no

smaller than 12 point. Applications

greater than fifty (50) pages will not be

accepted.

Applications shall be submitted in an

electronic format compatible with

Microsoft Office 2000. The cover sheet

or front page of the application shall

include the name, address, and phone

number of an individual to whom

correspondence and questions about the

application may be addressed. Any

portion of the application or its contents

that may contain proprietary

information shall be clearly indicated;

otherwise, the application and its

contents shall be non-proprietary.

Selection Criteria

Applicants must submit acceptable

Technical, Management and Staffing,

and Financial Plans that together

provide sound evidence that the

proposed partnership can successfully

meet the objectives of the ITIP.

The FHWA will assess applications

submitted in response to this notice

using the selection criteria set forth

below, to determine: (1) the proposed

project’s potential for achieving and

showcasing the benefits of using ITS

technology for highway performance

monitoring and management; (2) the

proposed partnership’s ability to

complete the proposed infrastructure

integration within one (1) year after

award; (3) the proposed project’s

potential for fostering private

commercialization initiatives, and (4)

the responsiveness of the proposed

technical, financial, and management

approaches.

The following criteria will be used in

selecting metropolitan areas for

participation in the ITIP.

A. Partnership

The proposed partnership

demonstrates a strong commitment to

cooperation among agencies,

jurisdictions, and the preselected

private partner.

1. The application discusses proposed

working relationships, cooperation, and

information-sharing among participating

public transportation agencies and the

preselected private partner for the

collection, management, and use of

transportation system performance data,

and the dissemination of travel

information services, including support

for a 511 telephone service.

2. The proposed partnership

demonstrates a strong commitment to

cooperation among agencies,

jurisdictions, and the preselected

private partner, on both long-range

investment decisions and short-range

operation and management issues.

Documentation that clearly defines the

responsibilities and relationships of all

parties, including institutional

relationships, revenue sharing, and

other financial agreements needed to

support the intelligent transportation

infrastructure deployment, are attached.

3. The proposed partnership results in

an arrangement where the public sector

partners will be provided an ongoing

data stream and the preselected private

partner will be responsible for operating

and maintaining the data gathering

system implemented as part of this

project under a fixed price contract.

B. Technical Plan

The Technical Plan must address the

development, deployment, operation,

and management of intelligent

transportation infrastructure that: 1)

enhances the quality, availability, and

accessibility of both real-time and

archived transportation system

performance data for transportation

operations, planning, analysis, and

maintenance purposes; 2) supports

monthly submittal of such data to the

U.S. DOT; and 3) provides a traveler

information service, including support

for a 511 based telephone service as

well as commercial value added

services.

1. The Technical Plan must contain

an operational concept and technical

approach that demonstrates how the

proposed deployment will operate when

fully implemented, as well as during

any incremental deployment steps

leading to full implementation. The

technical plan must define the

operational roles and responsibilities of

the partners during operations (and key

operator functions), as well as the

functions performed by the ITS

infrastructure elements. The technical

plan should describe the changes to

existing systems and additional

elements. Emphasis should be placed on

operational aspects of the proposed

deployment that will achieve the goal of

improving the performance of the

transportation system. The technical

plan should address the opportunities

for generating/supporting commercial

products with the data.

2. The Technical Plan must contain a

description of existing monitoring

infrastructure and describe the

monitoring and traffic data needs of the

community; and the proposed approach

for meeting local, as well as National

needs.

3. The Technical Plan must contain a

technical approach to submit all data

aggregated as part of this project,

including new and existing data, to the

U.S. DOT on a monthly basis. At a

minimum, the performance data are to

include the elements outlined below in

Table 1.

BILLING CODE 4910–22–P

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BILLING CODE 4910–22–C

29866 Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices

2The ‘‘Closing the Data Gap: Guidelines for

Quality Advanced Traveler Information System

(ATIS) Data, Version 1.0, September 2000,’’ can be

obtained for review by contacting

chung.eng@fhwa.dot.gov.

3The Highway Performance Monitoring System

(HPMS) field Manual is available for review at the

URL: http://www.fhwa.dot.gov/ohim/hpmsmanl/

hpms.htm.

4The Traffic Monitoring Guide is available for

review at the URL: http://www.fhwa.dot.gov/ohim/

tvtw/tvtwpage.htm.

In addition, the technical approach

must include quality assurance

processes for both real-time and

archived data. For real-time data, the

data collected should be in accordance

with the appropriate data quality levels

specified in the document ‘‘Closing the

Data Gap: Guidelines for Quality

Advanced Traveler Information System

(ATIS) Data, Version 1.0, September

2000.’’ 2 For archived data, three (3)

facets of quality control procedures

must be addressed:

(1) Identification of faulty data;

(2) Editing procedures once faulty

data is detected; and

(3) Treatment of missing values.

Any breakdown in the accepted

quality assurance processes must be

reported immediately. Additionally, any

significant data gaps (one (1)-day or

more) identified will be reported along

with the monthly submission of data.

The Technical Plan must also contain

a technical approach for using the data

aggregated as part of this project to

calculate the performance measures

identified in the Table 2 below, and

submitting a monthly report of these

performance measures to the U.S. DOT.

The preselected private partner shall

be responsible for submitting the above

data and reports to the U.S. DOT. Data

for each area shall be delivered on

compact disk (CD–ROM) and made

downloadable via the Internet monthly

by the private sector partner, not more

than four (4) weeks following the end of

the month. Data shall be delivered in a

granularity and format to be agreed

upon prior to initiation of delivery. The

standard Highway Performance

Monitoring System (HPMS) 3 and Traffic

Monitoring Guide 4 formats may be used

where applicable. Definitions to be used

shall be those contained in the Traffic

Monitoring Guide, or the archived data

standards (currently in development by

ASTM), or the traffic management data

dictionary (TMDD) standards, if

available.

4. The Technical Plan must contain a

technical approach that demonstrates

how consistency with the Regional ITS

Architecture (or with the National ITS

Architecture where a Regional ITS

Architecture does not yet exist) will be

achieved; and how use of appropriate

ITS standards will be considered,

consistent with the Final Rule on ITS

Architecture and Standards, 23 CFR Part

940, 66 FR 1446, January 8, 2001.

5. The Technical Plan must include

an approach for developing the project

based on a systems engineering analysis,

consistent with the Final Rule on ITS

Architecture and Standards, 23 CFR Part

940, 66 FR 1446, January 8, 2001.

6. The Technical Plan must address

issues related to ownership and

disposition of equipment deployed as

part of this project; rights to data

collected by infrastructure deployed as

part of this project; and rights to reports

generated from this data.

C. Management and Staffing Plan

The Management and Staffing Plan

must demonstrate a well thought out

estimate of the level of effort and skills

needed to successfully complete the

proposed deployment, along with the

identification of which partners will

supply the staff needed, including the

names and qualifications of key staff.

This plan must also describe the

proposed lines of communication

between the partners, and define the

responsibilities of each partner.

1. The Management and Staffing Plan

must demonstrate a sound management

and organizational approach and

schedule that will ensure that the

proposed deployment is operational

within one (1) year of the award of

funds.

2. The Management and Staffing Plan

must demonstrate a commitment to hire

or assign a project manager and

adequate full-time staff to ensure timely

deployment of the project. Proposed

staff should have demonstrated skills for

effective operations and management, or

the commitment to acquiring the

necessary skills in relevant technical

areas.

Federal Register / Vol. 66, No. 106 / Friday, June 1, 2001 / Notices 29867

D. Financial Plan

The Financial Plan must demonstrate

that sufficient funding is available to

successfully complete all aspects of the

proposed project as described in the

Technical Plan.

1. The Financial Plan must include a

clear identification of the proposed

funding for the proposed deployment,

and a commitment to provide a

minimum twenty percent (20%)

matching share that must be from nonFederally derived funding sources. All

financial commitments from both the

public and private partners, including

any details of revenue sharing, must be

documented.

2. The Financial Plan must include a

sound financial approach to ensure the

timely deployment and the continued

long-term operation and management of

the system without continued reliance

on Federal funding. The Financial Plan

must include documented evidence of

continuing fiscal capacity and

commitment.

3. The proposed project must include

corresponding public and/or private

investments that minimize the relative

percentage and amount of Federal

funds.

Authority: 23 U.S.C. 315; Sec. 5117(b)(3) of

Public Law 105–178, as amended; 49 CFR

1.48.

Issued on: May 25, 2001.

Vincent F. Schimmoller,

Deputy Executive Director.

[FR Doc. 01–13791 Filed 5–29–01; 2:44 pm]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Federal Motor Carrier Safety

Administration

[Docket No. RSPA–98–3579 (PD–20(RF))]

Cleveland, Ohio Requirements for

Transportation of Hazardous Materials

AGENCY: Research and Special Programs

Administration (RSPA) and Federal

Motor Carrier Safety Administration

(FMCSA), DOT.

ACTION: Notice of administrative

determination of preemption.

APPLICANT: Association of Waste

Hazardous Materials Transporters

(AWHMT) and American Trucking

Associations, Inc. (ATA).

LOCAL LAWS AFFECTED: Cleveland

Consolidated Ordinances (City Code),

Chapters 387 and 394, and uncodified

requirements for advance notification

and police escort of explosives

shipments.

APPLICABLE FEDERAL REQUIREMENTS:

Federal hazardous material

transportation law, 49 U.S.C. 5101 et

seq., and the Hazardous Materials

Regulations (HMR), 49 CFR parts 171–

180.

MODES AFFECTED: Highway.

SUMMARY: The following requirements

are preempted by 49 U.S.C. 5125(a)(2)

because they create obstacles to the

accomplishment and carrying out of

Federal hazardous material

transportation law and the HMR:

1. Cleveland City Code section

394.06(b) prohibiting the transportation

of hazardous materials in the Downtown

Area between 7 a.m. and 6 p.m., except

Saturday and Sunday, preempted with

respect to radiopharmaceuticals only.

2. Cleveland’s uncodified

requirements for a transporter of

explosives to notify the Fire Prevention

Bureau 24 hours in advance of any pickup or delivery, to specify the route to be

taken within the City, and to have a

police escort if more than 250 pounds

are transported.

3. Cleveland City Code sections

387.08(b) and 394.07(b) specifying

separation distance requirements

between vehicles transporting

explosives or other hazardous materials.

There is insufficient information in

the record to find that the weekday time

restriction in City Code section

394.06(b) is preempted with respect to

hazardous materials other than

radiopharmaceuticals.

FOR FURTHER INFORMATION CONTACT:

Frazer C. Hilder, Office of the Chief

Counsel, Research and Special Programs

Administration (Tel. No. 202–366–

4400), or Joseph Solomey, Office of the

Chief Counsel, Federal Motor Carrier

Safety Administration (Tel. No. 202–

366–1374), U.S. Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590–0001.

SUPPLEMENTARY INFORMATION:

I. Background

In this determination, FMCSA and

RSPA consider whether Federal

hazardous material transportation law,

49 U.S.C. 5101 et seq., preempts

requirements of the City of Cleveland,

Ohio (City) that:

—Hazardous materials may not be

transported within the ‘‘Downtown

Area’’ of the City between 7 a.m. and

6 p.m. except Saturdays and Sundays,

unless the Fire Chief grants an

exception on a showing that delivery

or pick-up of the hazardous material

‘‘can be practicably made’’ only

during the prohibited time period and

transportation of this material is in

‘‘the public interest’’;

—A carrier of explosives must (1) notify

the Fire Department ‘‘24 hours in

advance of all deliveries’’ of

explosives within the City, (2) specify

the route to be taken within the City

in accordance with the authority of

the City’s Director of Public Safety (or

his representative) to designate the

route to be taken within the City, and

(3) have a police escort if more than

250 lbs. of explosives are transported

within the City; and

—A vehicle transporting explosives or

other hazardous materials must

maintain a certain distance from any

other vehicle transporting explosives

or other hazardous materials, i.e., 500

feet between vehicles transporting

explosives and 300 feet between

vehicles transporting hazardous

materials.

This proceeding is based on two

notices published in the Federal

Register on September 17, 1998 (63 FR

49804), and June 30, 1999 (64 FR

35239). The first notice invited

interested parties to comment on an

application by AWHMT in March 1998

challenging a broad set of the City’s

requirements for:

—A permit to transport hazardous

materials when a placard is required,

permit fees, proof of insurance,

permissible routes and advance notice

of the route to be used, and the

weekday time restrictions in the

Downtown Area; and

—A permit to transport any amount of

explosives, permit fees, proof of

insurance, routing and prenotification

of shipments, vehicle inspections, the

number of fire extinguishers on the

vehicle, and a police escort (for any

shipment of more than 250 lbs. of

explosives).

In response to the September 17, 1998

notice, comments were submitted by the

City, AWHMT, and the following

additional parties: the Public Utilities

Commission of Ohio (PUCO),

Association of American Railroads,

Hazardous Materials Advisory Council

(HMAC), Institute of Makers of

Explosives, National Paint & Coatings

Association (NPCA), Ohio

Environmental Service Industries, and

Roadway Express.

The City and PUCO initially asked for

a 60-day extension of the opening

comment period in order to allow them

to further examine with AWHMT the

City’s requirements and consider

changes that might avoid the need for

RSPA and FMCSA to make

determinations in this proceeding.

These requests were denied, but the City