Inside This Issue...

Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system starting Jan. 15, 2009, to verify their employees’ eligibility to legally work in the United States. In a final rule published in the Nov. 14, 2008 Federal Register, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change. The new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States. Federal contracts awarded and solicitations issued after Jan. 15, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States. More information in the E-Verify system is available on the USCIS Web site.

The Federal Highway Administration (FHWA) announced the new Office of Innovative Program Delivery, which will provide states with stronger and more effective federal support to deliver transportation projects. The office will work with state departments of transportation to help them explore opportunities with innovative financing and congestion pricing and tap into the $400 billion in private funds available worldwide for investment in transportation infrastructure. Existing FHWA activities such as public private partnerships, innovative financing, experimental projects and tolling authorities will be merged into the new office, which will improve access and communication for the states. The Office of Innovative Program Delivery will provide national leadership and advice for states pursuing innovative and non-traditional transportation projects. Contact Nancy Singer at (202) 366-0660 for more information.

The National Highway Traffic Safety Administration (NHTSA) is seeking public comment on a proposed collection of information entitled, Uniform Criteria for State Observational Surveys of Seat Belt Use. This collection would require the respondents, which are the states, the District of Columbia, Puerto Rico and the territories, to provide seat belt use survey information to NHTSA before they receive grant money. The Secretary of Transportation may not approve a state highway safety program which does not provide satisfactory assurance that the state will implement an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of state safety belt use rates to ensure that the measurements are accurate and representative. The surveys must be completed by the end of the calendar year and submitted to NHTSA by March 1 of the following calendar year. For more details, view the Nov. 13, 2008 Federal Register notice. Comments must be received on or before Jan. 12, 2009.

The National Highway Traffic Safety Administration (NHTSA) is seeking public comment on the proposed collection of information entitled, Alcohol-Impaired Driving Countermeasures Section 410 (23 CFR, Part 1313). An impaired driving incentive grant is available to states that have an alcohol fatality rate of 0.5 or less per 100 million vehicle miles traveled as determined by using the most recent Fatality Analysis Reporting System (FARS) data or that are one of the ten states that have the highest alcohol related fatality rates as determined by using the most recent FARS data. States designated as a high fatality rate state must submit a comprehensive plan for conducting high visibility enforcement and a report on the previous year's activities. States may also qualify through meeting specified program criteria. To demonstrate compliance using program criteria, a state must submit an application that shows how they met three of eight criteria in FY 2006, four of eight criteria in FY 2007 and five of eight criteria in FY 2008 and FY 2009. View the Nov. 13 Federal Register notice for more details. Comments must be received on or before Jan. 12, 2009.

The Federal Highway Administration (FHWA) is re-opening the comment period for the notice of proposed rulemaking (NPRM) and request for comments, which was published on Oct. 8, 2008, at 73 FR 58908. That NPRM proposes to amend existing regulations to clarify that fair market value must be negotiated for and received under a concession agreement, and to amend the design-build regulations to allow contracting agencies to incorporate unsuccessful proposers' ideas into a contract upon payment of a stipend. The original comment period closed on Nov. 7, 2008. The extension is based on the FHWA's desire to receive the fullest and most comprehensive comments possible from the broadest group of stakeholders. During the comment period, the FHWA received requests for additional time to analyze and submit comments regarding the rulemaking. The FHWA recognizes those interested in commenting on this important program may not have had the opportunity to provide comments and the comment period should be reopened. Therefore, the comment period is being reopened until Nov. 21, 2008, which will provide those interested in commenting additional time to discuss, evaluate and submit responses to the docket. Comments must be received on or before Nov. 21, 2008. Late-filed comments will be considered to the extent practicable. View the Nov. 13, 2008 Federal Register notice for more details.

The Federal Motor Carrier Safety Administration (FMCSA) announces the availability of Commercial Driver’s License Information System (CDLIS) modernization grant funding as authorized by Section 4123 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This act establishes a program for modernizing CDLIS, including adding additional security features, upgrading the communications network, integrating medical certificate information, improving self-auditing and expanding the system’s capability to exchange information. The goal of this grant program is to assist states in making changes to their licensing systems to incorporate the new CDLIS specifications when they are released in the winter of 2009. Allowable costs under the CDLIS modernization grant awards include, but are not limited to, 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. Please see the full announcement on Grants.gov for complete program information and detailed application instructions.

The House of Representatives Transportation and Infrastructure Committee reached out to AAMVA soliciting comments from its member jurisdictions on the efficiency of Federal Motor Carrier Safety Administration (FMCSA) grant programs. They are conducting a review of the agency and would like to know what works well, what can be improved and how the agency is handling the distribution of funding for their various programs. AAMVA strongly encourages its members to provide comments on what improvements can be made or which aspects of the FMCSA administration are working well. Please submit any comments you would like included in the Congressional review of the grant programs to Cian Cashin at your earliest possible convenience.

AAMVA is modernizing the Commercial Driver License Information System (CDLIS) and is soliciting fixed-price proposals for a contractor to provide system design, development, testing, implementation and maintenance services to modernize CDLIS. This is in response to Title IV (Motor Carrier Safety Reauthorization Act of 2005) of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU), which was signed into law on Aug. 10, 2005. The contract winning vendor must deliver, and host, a fully-tested system and provide ongoing support and maintenance for a period of five years. Organizations interested in bidding must register with AAMVA. Once registered, bidders will receive a copy of the Request for Proposal (RFP) via e-mail and be added to the list of potential bidders. To register at no charge, complete the Bidder Registration Form on the second page of the RFP notice document.  The signed form must be scanned and e-mailed to CDLISRFP@aamva.org. AAMVA will acknowledge all registration forms via e-mail. Complete details are available in the RFP notice document. (Strict adherence to the guidelines set forth in the document are mandatory.)  All communications regarding this RFP must be addressed to CDLISrfp@aamva.org. (Any bidder deviating from this mandate may be subject to disqualification at AAMVA's discretion.)

AAMVA reminds members that comments on the Notice of Proposed Rulemaking (NPRM) implementing the National Motor Vehicle Title Information System (NMVTIS) reporting requirements imposed on junk and salvage yards and insurance carriers pursuant to 49 U.S.C. 30504(c) are due to the U.S. Department of Justice (DOJ) on or before Nov. 21, 2008. Please submit a copy of your comments to AAMVA's Cian Cashin. The "Questions and Answers" from two conference calls held by AAMVA in October are available on AAMVA’s Web site as well as the NPRM from the Federal Register. The rules, posted Sept. 22, 2008 by the DOJ, also clarify the process by which NMVTIS will be funded and clarifies the various responsibilities of the operator of NMVTIS, states, junk yards, salvage yards and insurance carriers regarding NMVTIS. Find out more regarding NMVTIS online at www.aamva.org/nmvtis.

Please assist Kentucky and Pennsylvania with their research by responding to these surveys.

• Medical Review Board Procedures (Kentucky - Ends 11/28/2008)
• Fuel Tanks (Pennsylvania - Ends 12/08/2008)