Federal Transportation Update: Highway Extensions, Buy America Waivers and Rulemakings

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Two Week Highway Trust Fund Extension While Conference Takes Place

Congress agreed to extend the Highway Trust Fund by two weeks until Dec. 4 so that House and Senate conferees could meet to craft a final version of the Surface Transportation Reauthorization and Reform Act bill. Issues that are front and center are funding levels and the length of the reauthorization, which is currently six years in both bills.

A Rare Sighting of the Elusive Buy America Waiver

For those wondering if Buy America Waivers are being granted, the Federal Railroad Administration provided notice of its decision to grant a Buy America Waiver request from Amtrak for certain components related to high-speed rail trainsets. These include aluminum car body shells and brake equipment. The fact that Amtrak completed a formal procurement for the trainsets before requesting the waiver and worked with the Department of Commerce to complete additional research into potential domestic manufacturers appears to have played a role in getting the waiver granted.

Opportunities for Comment

Transit Asset Management: The Federal Transit Administration has issued a proposed rule defining the term “state of good repair” and the requirements of a Transit Asset Management Plan. The rule applies to Chapter 53 fund recipients. Comments are due by Nov. 30.

National Freight Strategic Plan: The U.S. Department of Transportation is seeking comments on its first draft National Freight Strategic Plan. If you believe your jurisdiction can assist in improving freight infrastructure, but is not included in the current draft, it is important to make such possibilities known to DOT through the comment process. Doing so ensures consideration for inclusion in the final Plan, which improves chances for receiving funding for future freight infrastructure improvements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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