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The Week in Review
May 22, 2006

Amendment Delays Deadline for Passport Requirements 

The Senate has passed an amendment that would push back the deadline for the immigration reform legislation requirements' implementation. Adopted by voice vote, the amendment was added to the comprehensive immigration overhaul legislation (S. 2611) being considered in the Senate. The amendment proposes that travelers crossing the Northern border should begin carrying a passport or equivalent by June 1, 2009. The original deadline included in the Intelligence Reform Act of 2004 was Jan. 1, 2008.

Alberta Makes Judgment on Operator's License Image Requirement 

On May 8, 2006, Justice LoVecchio of the Alberta Court of Queen's Bench ruled that the Alberta government's requirement that all driver's licenses bear the photo of the licensee is unconstitutional and impairs the freedom of religion of members of the Hutterian Brethren of Wilson Colony of Alberta. This decision strikes down the 2003 amendment to the Operator Licensing and Vehicle Control Regulation that made images mandatory for all operator's licenses. The Government of Alberta takes seriously its responsibility to protect citizens' rights under the Charter of Rights and Freedoms; however, it also aims to ensure that Alberta's licenses and licensing system remain secure. It is the government's position that photographs are an essential part of the security of operator's licenses. Therefore, the government is appealing this decision.

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NHTSA to Hold Technical Workshop and Seminar 

The National Highway Traffic Safety Administration (NHTSA) will hold a technical workshop to present information and answer questions on the Office of Vehicle Safety Compliance (OVSC) Laboratory Test Procedure (TP) for the agency’s safety standard on new pneumatic radial tires for use on motor vehicles (other than motorcycles and low-speed vehicles) that have a gross vehicle weight rating (GVWR) of 10,000 pounds or less. The one-day technical workshop will be limited to discussing the TP, and will include a tour of a local compliance test laboratory and a working lunch. Tire manufacturers, tire importers, vehicle manufacturers, tire suppliers, tire testers, and other interested persons with technical interest and knowledge of light vehicle tire compliance testing are invited to attend. Attendance requires registration and a small fee. The technical workshop and tour will be held on July 11, 2006 from 8:30 a.m. to 5 p.m. at the Sheraton Suites Akron/Cuyahoga Falls, 1989 Front Street, Cuyahoga Falls, Ohio 44221. For registration, contact Lorri Hamn, Office of Vehicle Safety Compliance, at (202) 366-9896 or lorri.hamn@nhtsa.dot.gov.

President Signs Executive Order on ID Theft 

President Bush has signed an Executive Order that will strengthen efforts to protect against identity theft. It will include the establishment of an identity theft task force. For more details, see the White House official Web site.

Executive Director Named for National Highway Funding Commission 

U.S. Transportation Secretary Norman Y. Mineta has named Quintin C. Kendall the new Executive Director of the Surface Transportation Policy and Revenue Commission. The Commission's 12-member panel will have its first meeting on Wednesday, May 24 in Washington, DC. It is charged with studying new ways to pay for the nation's highway and transit systems. Kendall will be responsible for the day-to-day operations of the commission, including development of the commission’s final product, a report to Congress due by July 1, 2007. He previously served as Mineta’s White House Liaison in June 2002 before becoming the Deputy Assistant Secretary for Management and Budget in April 2005.

AAMVA Signs Contract for Manufacture of the AAMVA OVD 

AAMVA has signed a contract licensing Leonhard Kurz GmbH & Co. KG to manufacture the AAMVA OVD, referred to in the AAMVA DL/ID Card Design Specification as the Common Level One Security Device. Kurz will begin taking orders for the AAMVA OVD in two or three weeks and expects to be able to deliver product later this summer. AAMVA will soon publish a guidelines document that draws together important information that jurisdictions and their contractors will need concerning the AAMVA OVD. AAMVA is still pursuing negotiations with several other prospective manufacturers and hopes to eventually have more than one licensed manufacturer. If you have questions concerning the AAMVA OVD program, contact Rich Carter at rcarter@aamva.org or (703) 908-8296. For details of their product offering, contact John Peters of Kurz at John.Peters@kinegram.com.

FMCSA to Conduct Public Listening Sessions 

The Federal Motor Carrier Safety Administration (FMCSA) will hold two public listening sessions this summer. These meetings will continue dialogue on the National Registry of Certified Medical Examiners (NRCME) program for interstate commercial motor vehicle drivers and the comprehensive review of Federal Motor Carrier Safety Regulations medical standards. All are encouraged to attend, including medical examiners, motor carriers, drivers, representatives of medical associations, certification and accreditation organizations, medical training organizations, state motor carrier enforcement agencies and safety organizations. The meetings will be held on June 29, 2006, at the Hilton San Diego Airport/Harbor Island in San Diego, California, and on July 26, 2006, at the Renaissance Grand in St. Louis, Missouri. For more information and to register, see the NCRME Web site.

FHWA Announces Final Rule on Highway Design Standards 

The Federal Highway Administration (FHWA) has published a final rule (Docket No. FHWA-2005-22476) stating that it is adopting design standards that apply to highway construction and reconstruction projects on the Interstate System. FHWA is adopting as its design standards the current version of the American Association of State Highway and Transportation Officials’ (AASHTO) publication entitled A Policy on Design Standards Interstate System, January 2005. This publication has replaced the previous version of this policy published in 1991. This final rule is effective June 5, 2006. The incorporation by reference of the publication listed in this regulation is approved by the Director of the Office of the Federal Register as of June 5, 2006. For more information, contact Jon Obenberger at (202) 366-2221.

House Committee Approves Privacy Legislation 

On May 17, a House Judiciary Subcommittee approved a measure (H.R. 2840) that would require agencies to issue a privacy impact analysis with notices of proposed rulemaking and final rule. In addition, it would require agencies to periodically consider whether a rule is necessary or whether it could be amended to minimize its impact on privacy.

FHWA Requests Comments on National Standards for Traffic Control Devices 

The Federal Highway Administration (FHWA) is seeking comments on a supplemental notice of proposed amendments (SNPA) regarding the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). In an earlier notice of proposed amendments (NPA), FHWA proposed to amend the Manual to include methods to maintain traffic sign retroreflectivity. Based on the review and analysis of the numerous comments received in response to the NPA, FHWA has decided to substantially revise the proposed amendments to the MUTCD and, as a result, is issuing this SNPA. With this SNPA, FHWA proposes to amend the MUTCD to include a standard for minimum maintained levels of traffic sign retroreflectivity and methods to maintain traffic sign retroreflectivity at or above these levels. Comments must be received on or before November 6, 2006. Mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590, or submit electronically at http://dms.dot.gov, or fax comments to (202) 493-2251. Alternatively, comments may be submitted via the Federal eRulemaking Portal at http://www.regulations.gov. All comments should include docket number FHWA-2003-15149.

House Committee Considers Cyber Crime Legislation 

A House Judiciary subcommittee is considering legislation that would help prosecutors combat computer crimes and data security breaches. The bill (H.R. 5318) would do the following: make it a crime to access certain types of information stored in computers that operate in interstate commerce; criminalize the use of automated "botnet" software programs; allow computer crimes and data theft to be prosecuted under the Racketeer Influenced and Corrupt Organization law; allow the FBI and Secret Service to investigate significant data breaches before consumers are notified; make it a federal crime to cover up data breaches to impede a lawful investigation; and authorize $30 million annually from FY 2007 through 2011 for agencies to investigate and prosecute computer crimes.

FMCSA Announces CDL Improvement Grants 

The Federal Motor Carrier Safety Administration (FMCSA) has announced the availability of grant program funds for Commercial Driver’s License program improvements. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) provides funding for improving implementation of a state’s CDL program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. Grants made under this program may not be used to rent, lease, or buy land or buildings. The agency in each state designated as the primary driver licensing agency responsible for the development, implementation, and maintenance of the CDL program is eligible to apply for and receive grant funding. Applications for grant funding should be sent to the FMCSA Division Office in the State where the applicant is located no later than June 8, 2006. For further information, contact Lloyd Goldsmith at (202) 366–2964 or FMCSA, 400 Seventh Street, SW., Room 8310, Washington, DC 20590.

House Approves Homeland Security Funding Bill 

On May 17, House appropriators approved the fiscal 2007 Homeland Security funding bill. The bill provides $32.08 billion in discretionary funds for the upcoming fiscal year, $1.8 billion above fiscal year 2006 and $165 million below the President’s request. Together, Customs and Border Protection and Immigration and Customs Enforcement would receive $11.8 billion, nearly 13 percent more than this fiscal year. First-responders would receive $3.2 billion under the spending bill, 2 percent less than in fiscal 2006. The bill provides $6.4 billion for the Transportation Security Administration (TSA) and Air Marshals, including $497 million for explosive detection systems and $55 million for air cargo security. The Appropriations Committee also adopted an amendment that would allow DHS to issue regulations requiring security upgrades for the highest-risk chemical plants.

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