Header graphic for print
Infra Insight Blog Law & Policy

Tag Archives: FHWA

FHWA Publishes Core Toll Concession P3 Model Contract Guide

Posted in PPPs, Tollroads/ Turnpikes/ Managed Lanes

The FHWA published its final Core Toll Concessions P3 Model Contract Guide (“Guide”) on September 10, 2014 as part of its mandate under MAP-21 to develop “standard public-private partnership transaction model contracts for the most popular types of public-private partnerships.”  The Guide serves as an educational tool to assist states, public transportation agencies, and other… Continue Reading

Federal Highway Administration Publishes New Rule for Value Engineering

Posted in Legislation

On Friday, September 5, 2014, the Federal Highway Administration (“FHWA”) published its final rule for Value Engineering (“VE”) for road and bridge projects.  The new rule implements changes made to VE requirements under Moving Ahead for Progress in the 21st Century (“MAP-21”), the last surface transportation authorization law that was signed into law in July… Continue Reading

Obama Administration Introduces Significant Changes to Federal Tolling Law

Posted in Policy

In our prior posts we noted the important changes in federal tolling law under MAP-21 and some of the issues raised by those changes.  MAP-21 modestly loosened the federal reins on tolling the nation’s Interstates and federal-aid highways.  The Obama Administration just released its federal surface transportation reauthorization legislation, the “Grow America Act”.  In section… Continue Reading

FHWA and FTA Issue New Guidance On MAP-21 Exclusions

Posted in Policy

By Ben Rubin and originally posted on the California Eminent Domain Report blog. On July 6, 2012 President Obama signed into law MAP-21, which, among other things, contained new National Environmental Policy Act ("NEPA") requirements for the Federal Transit Administration ("FTA") and Federal Highway Administration ("FHWA").  In January 2014, pursuant to a mandate in MAP-21,… Continue Reading

FHWA Proposes Fix Avoiding Need for Special Approval to Include Alternative Technical Concepts in Design-Build Procurements

Posted in Design-Build

On August 1, 2013, the Federal Highway Administration (FHWA) issued a Notice of Proposed Rulemaking (NPRM) and request for comments regarding proposed changes to FHWA’s design-build regulation that would eliminate a requirement for proposers to submit base proposals where the contracting agency allows them to submit alternative technical concepts (ATCs) in their proposals.  ATCs have… Continue Reading

USDOT Issues Temporary Exemption from Buy America for Certain Utility Relocations

Posted in Policy

Following up on our previous post regarding the uncertainty surrounding the application of Buy America requirements to utility relocations, the United States Department of Transportation (USDOT) has recently released two documents that provide further clarification on the matter. On July 11, 2013, USDOT circulated an internal memorandum to Federal Highway Administration (FHWA) Division Administrators and… Continue Reading

Update Regarding Buy America and Utility Relocations

Posted in Policy

As we have previously reported,  the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) recently adopted policies requiring Buy America compliance for utility relocations for federally funded transportation projects in cases where the utility performs relocation work.  On June 28, 2013, the American Association of State Highway and Transportation Officials (AASHTO), American Public Transportation… Continue Reading

FHWA’s Expanded Application of Buy America to Utility Relocations Causes Consternation, Delays

Posted in Policy

As we have previously reported, the Federal Highway Administration (FHWA) has issued guidance holding that "Buy America applies to any utility work that is accomplished as a result of a Federal-aid highway project", unless the utility work cannot legally be reimbursed by the State.  This conclusion is based on an amendment to Buy America found… Continue Reading

FHWA Clarifies Broad Reach of Buy America Requirements

Posted in Policy

The Federal Highway Administration (FHWA) released two guidance memoranda in December 2012 relating to Buy America, largely in light of the amendments made by MAP-21.  On December 20, FHWA clarified the Buy America requirements applicable to utility work on Federal-aid projects.  The December 21 memorandum provided additional amplification on FHWA’s position regarding Buy America requirements… Continue Reading

FHWA Holds P3 Model Contract “Listening Sessions” and Beta-tests “P-3 VALUE Toolkit”

Posted in PPPs

As part of its effort to meet MAP-21’s legislative requirement to develop “standard public-private partnership transaction model contracts for the most popular types of public-private partnerships,” the Federal Highway Administration held a “listening session” with representatives from the transportation industry at the U.S. Department of Transportation in Washington D.C. on January 16.  Representatives from state… Continue Reading

FHWA Issues Interim Guidance on P3 Assessments for Major Projects

Posted in PPPs

The Federal Highway Administration (FHWA) recently issued guidance for implementing various aspects of the Moving Ahead for Progress in the 21st Century Act (MAP-21), including:  Infrastructure; Environment, Planning and Realty; Safety; Operations; and Innovative Program Delivery.  The guidance became effective October 1, 2012. The interim guidance on Innovative Program Delivery includes provisions for implementing the… Continue Reading

FHWA Levels Playing Field for P3 Availability Payment Concessions

Posted in PPPs

Hot on the heels of the financial close of the Presidio Parkway, the first California transportation public-private partnership (“P3”) availability payment deal and only the fourth in the United States, Federal Highway Administration’s (“FHWA”) Office of Innovative Program Delivery has issued guidance regarding the eligibility of periodic availability payments for reimbursement from federal aid funds. … Continue Reading

Get Smart Part II: If Managed Lanes Can Work in the South, Why Not the North?

Posted in Tollroads/ Turnpikes/ Managed Lanes

Our October 21 blog on managed lanes projects in Southern California talked about how three county transportation agencies are expanding on the success of the SR91 Express Lanes in Orange County, Calif., by using managed lanes to further relieve congestion and improve mobility in the region.  Not to be outdone by its Southern California cousins,… Continue Reading

Get Smart: How Three Transportation Agencies Are Using Managed Lanes to Reduce Congestion

Posted in Tollroads/ Turnpikes/ Managed Lanes

Southern California can’t say it’s “number one” when it comes to having the worst traffic congestion in the country, but it’s a huge economic and social problem for the region which three Southern California transportation agencies are addressing through the use of managed lanes.  That’s what we recently learned at the Women’s Transportation Seminar presentation… Continue Reading

FHWA Extends TIFIA LOI Deadline; Tolling/Pricing Counts Toward “Sustainability”

Posted in Financing, Policy

FHWA has extended the deadline for FY2011 TIFIA Letters of Interest (LOI) to March 1, 2011. The previous Notice of Funding Availability (NOFA), issued on January 19, had allowed less than a month for interested applicants to prepare and submit LOIs. The January 25 revised NOFA included a new phrase addressing the role of tolling and… Continue Reading

FHWA Rules Opt for a Gradual Approach to Achieving Nationwide Interoperability for Toll Collection

Posted in Tollroads/ Turnpikes/ Managed Lanes

On October 8, 2009, FHWA issued electronic toll collection rules in response to a 2005 SAFTEA-LU law, which in all respects reiterate the status quo for the tolling industry and provide no guidance or standards with respect to SAFTEA-LU’s goal of progressing towards a nationwide interoperable electronic toll collection system. With regard to interoperability, Section… Continue Reading