Agency, and the Secretary of Transportation a report re-
garding the status of the State’s progress towards achieving
compliance with the provisions of law and regulation sub-
ject to the temporary waiver provided by subsection (a).
Such report shall explain in detail the steps that the State
has taken towards achieving such compliance and identify
the necessary steps that remain to be taken by September
30, 2005, in order for the transportation projects, programs,
and plans for the counties referred to in subsection (a) to
be in compliance with the provisions of section 176(c) of
the Clean Air Act, and the regulations promulgated there-
under, by September 30, 2005. The report shall also include
a regional emissions analysis generally consistent with the
requirements of 40 CFR 93.122, together with the relevant
air quality data.
SEC. 2. METROPOLITAN PLANNING REQUIREMENTS; TEM-
PORARY WAIVER FOR NEW YORK AREAS.
Notwithstanding any other provision of law, until
September 30, 2005, the provisions of sections 134(h)(1)(D),
134(i)(3), 134(i)(5), and 134(l)(1) of title 23 of the United
States Code and sections 5304(a)(1), 5305(c), and
5305(e)(1) of title 49 of the United States Code and the
regulations promulgated thereunder, shall not apply to the
New York Metropolitan Transportation Council or to the
Metropolitan Planning Organization designated under sec-
tion 134(b) of title 23 of the United States Code.
SEC. 3. ADDITIONAL REQUIREMENTS.
(a) PROHIBITION ON CAPACITY EXPANSION.—During
the period of the temporary transportation conformity
waiver for transportation plans, programs, and projects
under section 1, no regionally significant capacity expand-
ing highway project shall be added to the Regional Trans-
portation Plan for the counties referred to in section 1 and
no such project may be advanced from the out years of the
Plan into the TIP, except as provided in subsection (b).
(b) EXCEPTION.—Any regionally significant capacity
expanding highway project south of Canal Street and West
of Broadway in Manhattan may be added to the Plan re-
ferred to in subsection (a) if—
(1) the project is part of a redevelopment plan
for lower Manhattan subject to NEPA and the New
York State Environmental Quality Act, as applicable;
and
(2) any projected increases in transportation re-
lated emissions resulting from the project are offset by
corresponding reductions within the affected county,
with best efforts made to secure reductions from with-
in the immediate area affected by the project’s emis-
sions.
Union Calendar No. 397
107TH CONGRESS
2D SESSION
H. R. 3880
[Report No. 107–649, Part I]
A BILL
To provide a temporary waiver from certain trans-
portation conformity requirements and metropoli-
tan transportation planning requirements under
the Clean Air Act and under other laws for cer-
tain areas in New York where the planning of-
fices and resources have been destroyed by acts
of terrorism, and for other purposes.
SEPTEMBER 9, 2002
Reported from the Committee on Energy and Commerce
with an amendment
SEPTEMBER 9, 2002
Referral to the Committee on Transportation and Infra-
structure extended for a period ending not later than
September 9, 2002
SEPTEMBER 9, 2002
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole
House on the State of the Union and ordered to be
printed