The INTERCHANGE N E B R A S K A L T A P. A New Transportation Bill, By: Dan Cady. Local Technical Assistance Program IN THIS ISSUE

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1 A New Transportation Bill, By: Dan Cady Congress passed a transportation bill that will fund the federal highway program at nearly $39.7 billion for FY13 and $40.26 billion for FY14 (approximately 27 months) on June 29 th, The measure would expire Sept. 30, MAP-21 ( Moving Ahead for Progress in the 21 st Century) replaced SAFETEA-LU (the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users). SAFETEA-LU had expired on September 30, 2009 and funding had continued at SAFETEA-LU levels through numerous continuing resolutions until now. Signed into law by President Obama on July 6, 2012, MAP-21 is meant to modernize and reform the existing transportation systems to help economic recovery by creating more jobs and create long term economic prosperity. NACE-NACo scored several important victories according to Bob Fogel, NACo Senior Legislative Director. The off-system bridge program, which has funneled $650 million annually to bridges not on the federal-aid system, mainly countyowned bridges, is retained. A number of proposed changes to the Metropolitan Planning (MPO) planning process title, including a Senate approach that changed the process dramatically and in some cases eliminated certain regions, were rejected and much of the current MPO planning language was continued. The population threshold for MPOs remains at 50,000 and rural regions get new authority in the planning process. A series of provisions relating to project or environmental streamlining were adopted, which should lead to a faster approval process for federally funded highway and bridge projects on county highways. IN THIS ISSUE Pg 1-2 A New Transportation Bill, Pg Bridge Inspection Trianing Pg 5-6 Sign Retroreflectivity Compliance, & FAQ s Pg 7 MINK Local Roads Conference 2012 Pg 8 Wetlands Delineations & 404 Permit Applications Pg 9 ELearning Update Visit our website for additional information and resources at To register for courses go to the following link: SectionList.aspx

2 The transportation enhancement program is reduced substantially, though metropolitan areas over 200,000 fare better than smaller communities. The transit program is funded at $10.58 billion in FY13 and $10.7 billion in FY14. The program keeps its basic structure with some reforms. Urban areas over 200,000 cannot use funds for operating expenses, and a Senate provision providing these communities with flexibility on this issue in times of high unemployment was not included in the final bill. Areas under 200,000 can continue to use their formula funds for operating assistance. A separate bus program is maintained. The New Starts program streamlines the approval process to accelerate project delivery. The Elderly and Disabled and New Freedom programs are consolidated and the rural formula program is maintained with a slight increase in funding. Non-transportation provisions in the conference report includes a one-year extension of the Payment in Lieu of Taxes program, Secure Rural Schools and Counties Program, and the Restore Act that sends 80 percent of the Clean Water Act penalty fines from the BP Deep Horizon oil spills to five affected Gulf Coast states. The conference report also includes a five-year reauthorization of the National Flood Insurance program. Not included in the final legislation were any provisions addressing the Keystone Pipeline or the regulation of coal ash, two controversial items included in the House bill. FOR MORE INFORMATION, Contact: Bob Fogel, NACo Senior Legislative Director, phone: (202) or bfogel@naco.org Federal Highway Administration has created a new web site for MAP 21 information at All agencies, Federal, State and Local are still analyzing the effects of MAP 21 on operations and programs. All are sure of one thing and that is that all programs will be Performance-Based. The exact definition of the performance measurements for each transportation program has not yet been completely formulated and more on the subject will be distributed as it becomes available. Additional resources:

3 2012 Bridge Inspection Training, By: Bob Hyberger Nebraska LTAP has assisted Nebraska Department of Roads Bridge Division with bridge related training since the mid part of the 80 s and this year has been no exception. In recent years there has been more emphasis on bridge inspection training in Nebraska as well as throughout the country and the National Highway Institute (NHI) bridge related courses brought to Nebraska this year were all updated for Nebraska LTAP has coordinated many courses this year but here is a recap of recent bridge training. Safety Inspection of In Service Bridges In April Nebraska LTAP coordinated the NHI 2-week Safety Inspection of In Service Bridges. There were 25 registrants who were instructed on proper bridge inspection tools and techniques. There were also field trips to local bridges so the student was able to have a hands on inspection experience. Instructors were Eric Mann of Michael Baker Engineering and Milo Cress formerly of the FHWA Nebraska Division. The 10 day course has traditionally been held every other year so all plans will be to host the course again in the spring of The 2-week course is one of the requirements for a person to become certified as a Nebraska Bridge Inspection Team Leader. Other requirement criteria can be found in the Nebraska Bridge Inspection Program Manual or viewed at Note: To become Team Leader certified, a person is required to have 5 years documented bridge inspection experience. Scour Course On July 24th Nebraska LTAP hosted the 3-day NHI Stream Stability and Scour at Highway Bridges in Kearney, Nebraska. This course was well received with 33 registrants which also allowed inspectors to fulfill their required 24 hour refresher recertification training. NHI instructors were Peter Lagasse and Paul Clopper of Ayres Associates.

4 All attendees thought this course was an excellent addition to bridge inspection training. Timber Bridge Inspection Some NHI bridge training courses encompass timber related inspection but NDOR Bridge Division thought it better to have a timber inspection specific course for the local bridge inspectors. The three-day pilot course is scheduled for September and will include classroom and a field trip for hands on timber inspection as well. Apparently there is demand for this training as the course was full in less than a week with local bridge inspectors. Bridge Engineer Larry O Donnall of the FHWA Resource Center and Infrastructure Engineer Greg Kolle of the FHWA California Division offered to help Nebraska with the task. Both Larry and Greg have Nebraska ties and are quite familiar with our state. Greg Kolle was the FHWA Nebraska Division Bridge Engineer before moving to California so he has a first hand knowledge of our structures. Larry O Donnell lived in the North Platte area most of his life and went to the University of Nebraska for his BSCE. Many of you might be familiar with his now retired father, NDOR District 4 Engineer Les O Donnell. Les had a saying and Larry semi quoted Les as little humor; I have been doing more with Les for over 46 years. Preliminary plans for 2013 bridge topics will be a bridge conference formatted like the last bridge conference held at Kearney in the spring of Intentions will be to also have 2 refresher courses for Team Leader recertification. Watch for future LTAP notices as scheduling continues. The Workforce Development Funds administered through NDOR Local Projects Division has been a large asset to Local Governments by assisting them with training funds for much of their training needs. Make sure to take advantage of this valuable educational tool for your agency. Roadway Safety remains on of the most challenging issue facing America. One death is unacceptable & therefore we must aspire towards zero deaths. THINK SAFETY and SAVE LIVES!!! safety.fhwa.dot.gov/tzd

5 Sign Retroreflectivity Compliance, By: Don Neary The Federal Highway Administration (FHWA) enacted final rules on May 14, 2012 regarding minimum sign retroreflectivity levels. The final rules match the proposed changes in striking down the 2015 and 2018 required replacement dates and allow agencies to replace signs based on available resources instead. Agencies are still required to establish a method of ensuring minimum retroreflectivity through management or assessment, and maintain those levels. The date was originally January 22, 2012, and has now been changed to June 13, The 2015 and 2018 required replacement dates for certain types of signs have been officially eliminated with this revision. Section 2A.08 in the 2009 Manual on Uniform Traffic Control Devices (MUTCD) discusses Maintaining Minmum Retroreflectivity. Paragraph 2 of Section 2A.08 states, Public agencies or officials having jurisdiction shall use an assessment or management method that is designed to maintain sign retroreflectivity at or above the minimum levels in Table 2A-3. The specific provision and compliance date pertaining to Maintaining Minimum Retroreflectivity is found in Table I-2, Target Compliance Dates Established by the FHWA, in the 2009 MUTCD. The provision refers to Section 2A.08 of the MUTCD and reads, Implementation and continued use of an assessment or management method that is designed to maintain regulatory and warning sign retroreflectivity at or above the established minimum levels. The compliance date in Table I-2 is, 2 years from the effective date of this revision of the 2009 MUTCD, specifically June 13, Types of signs other than regulatory and warning are to be added to an agency s management or assessment method as resources allow.to view a copy of the 2009 MUTCD with the May 2012 revisions, go to pdfs/2009r1r2/pdf_index.htm on the FHWA website. Sign Retroreflectivity Compliance Dates FAQ s The May 2012 revisions to the 2009 Manual on Uniform Traffic Control Devices (MUTCD) has changed the compliance date for the provision for maintaining minimum retroreflectivity from January 22, 2012 to June 13, The revisions have also eliminated the compliance dates for the replacement of specific sign types. So what does this mean for your agency? Any sign a jurisdiction identifies as not meeting the established minimum retroreflectivity levels would still need to be replaced. However, there is no specific date to replace those signs and there is flexibility to determine when the replaced will be scheduled. The jurisdiction will also need to be prepared to defend the sign replacement scheduling decisions if liability issues arise.

6 Does the MUTCD still require replacing signs based on retroreflectivity? Yes. Even though a recently issued final rule eliminated most specific compliance dates, signs identified through an agency s method as below the minimum established retroreflectivity levels have exhausted their useful service life and need to be replaced because they do not meet the needed function of being adequately visible at night. Schedules for replacing the signs should be based on resources and relative priorities. Do I have to develop an inventory of my signs to be in compliance with the MUTCD? No. Although a documented inventory (computer or other form) is very useful, particularly for the management methods, there is no specific requirement in the MUTCD for an inventory. Each agency will need to determine whether a sign inventory is appropriate to help manage their signs. If there is a compliance date, does that mean our new installations don't have to comply with the new provision of the MUTCD until that date? No. All new or reconstructed devices installed anytime after a new MUTCD is adopted must be in compliance with the new MUTCD provisions, regardless of whether or not there is a compliance date established for a given provision in the Manual. Compliance dates apply to existing devices in the field that don't meet the new MUTCD provisions. Those existing non-compliant devices must be replaced with compliant devices by the stated compliance date. If there is no compliance date for one of the new requirements, when do devices in the field have to be upgraded to meet the requirement? Each State, in cooperation with its political subdivisions, is required by Federal law (23 U.S.C. 402(a)) to have a program for the systematic upgrading of substandard traffic control devices and for the installation of needed devices to achieve conformity with the MUTCD. The program should include dedicated time to properly assess traffic control operations and needs, budgeting of funds required for implementing MUTCD changes and, to the extent possible, and accomplishing the changes either when the devices are no longer serviceable because they reach the end of their service life or otherwise need to be replaced, or when other events such as highway improvement or reconstruction projects occur. Specific compliance dates have been established for only a few new requirements in the MUTCD that are of critical safety importance justifying upgrading existing devices before they may be at the end of their service life, or in cases where the new MUTCD requirement is for an action, such as a study, that is not related to service life. What is the penalty for not meeting a compliance date? Failure to replace non-compliant devices for which a compliance date is established could result in withdrawal of Federal-aid funds. Now that most States no longer have sovereign immunity, tort liability in lawsuits is another possible penalty for non-compliance, especially in situations where a crash has occurred that might be attributed to inadequate, inappropriate, or noncompliant traffic control devices. Sources:Professional Pavement Products, Inc.

7 MINK Local Roads Conference 2012, By: Dennis Smith It is not too late to register for the upcoming MINK Local Roads Conference held in St. Joseph, MO on September 26 27, Last year was a record attendance for this conference and they hope to top that again this year. Besides local agency road employees, Federal and State transportation representatives attend this from the four state area: MO, IA, NE and KS. Dinner on September 26 is a good opportunity to find out what issues, concerns (good, bad or ugly) other locals deal with from the other states and a chance to voice those opinions and concerns to the state and federal representatives in attendance. These casual discussions have generated good participation in past conferences. There is workforce development funding available from NDOR to reimburse Nebraska local agency transportation employees to attend this conference registration, mileage, lodging and meals. This year s agenda includes: Sept. 26 Available High-Tech GIS on a Low Budget Federal Aid Essentials for Local Public Agencies Applications of Roller Compacted Concrete Teaming up to Improve Local Road Safety How Multi-Disciplinary Partners Succeed Local Applications of Ultra High Performance Concrete for Innovative Bridge Designs Sept. 27 Is it Better to Be a Stone Arch bridge or an Historic Stone Arch Bridge? Making Asphalt Pavements last Longer with Surface Treatments Innovations and Research in Roadside and Median Barriers GPS Survey Applications in Iowa Counties Low Cost Bridge Improvements To register click on this link for a registration form: 20form_final.pdf For more information contact Dennis Smith at Nebraska or dsmith20@unl.edu Hope to see you there.

8 Wetlands Delineations & 404 Permit Applications, By: Jim Wilkinson The window of opportunity to do wetlands delineations this season is starting to close. There is no magic date, but around October 20 is an approximation of when the field work for delineations should be completed. It could be before or after that date, depending on the weather. Don t push it; the snow could come early. Despite the drought! Regarding 404 permit applications for your Federal-aid projects, the process is the same as we have been using with one additional instruction (see the bold font): 1)The LPA forwards all delineations or wetland reviews to NDOR Local Projects Division Project Coordinator (PC) with a copy to the NDOR s Highway Environmental Biologist (Steve Duecker) prior to drafting the 404 permit application. 2) After the delineations have been approved by NDOR, the LPA drafts the 404 permit application and submits to NDOR for review. 3) NDOR returns the 404 permit application back to the LPA with approval or comments. 4) The LPA submits the NDOR-reviewed 404 permit application to USACE. NEW: Notify NDOR s Project Coordinator and the Local Environmental Unit Head, Jon Barber, when that submittal is made; this is important in order to get the application into the queue for prioritizing and dedicating resources at the USACE. If NDOR is not notified, the project application may not get put onto the priority list right away and the permit authorization may be delayed. 5) The USACE issues the permit to the LPA upon approval. 6)The LPA sends a copy of the 404 permit to NDOR Environmental Section and the Local Projects Division PC.

9 ELearning Update, By: William Bivin Coming soon: Erosion Control Inspector Recertification Training LTAP is working with NDOR to make the half-day erosion control inspector recertification training class an online offering. This is a half day training class for people who have already been certified by passing the full day NDOR Erosion and Sediment Control Basics for Inspectors. This means Erosion Control Inspectors will be able to do their three-year renewals quickly and easily right from their desks. Look for this offering in the coming months and check out our other online courses including Pavement Design training and Approved Local Public Agency ROW Representatives - Compensation Estimate/Negotiator training at campus.extension.org in the transportation course category.

10 Don t forget to register for Future Conferences Oct 16-17: Metro Bridge Conference, C.B Dec 12-14: NACO Annual Conference. Younes Center, Kearney NE Jan : Nebraska Concrete Paving Conference Feb 12-13: Asphalt Conference, Younes Center, Kearney NE Sign up for Courses NOW!! Oct 2: 2012 Annual RC Workshop; Holiday Inn, Kearney, NE Oct 9: 2012 Annual RC Workshop; Quality Inn, Grand Island, NE Oct 16-18: NHI : Metropolitan Transportation Planning, Mahoney Nov 13-14: 2012 Annual RC Workshop; Mahoney State Park Nov 20-21: 2012 Annual RC Workshop; Country Inn and Suites, Lincoln, NE Nov 27-28: NHI : Construction Inspection Workmanship & Quality; Country Inn and Suites, Lincoln, NE Dec 4-5: Strategic Communication, Mahoney Dec 6-7: Effective Meeting Facilitation, Mahoney Please take a moment to click on the link below to update your information with us! Keeping us current. Keeps you informed.