[Federal Register Volume 64, Number 210 (Monday, November 1, 1999)]
[Notices]
[Pages 59012-59013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28517]



[[Page 59011]]

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Part VI





Department of Transportation





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Federal Highway Administration



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Transportation Equity Act for the 21st Century; Use of Uniformed Police 
Officers on Federal-Aid Highway Construction Projects; Notice

  Federal Register / Vol. 64, No. 210 / Monday, November 1, 1999 / 
Notices  

[[Page 59012]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. FHWA-1999-5387]


Transportation Equity Act for the 21st Century; Use of Uniformed 
Police Officers on Federal-Aid Highway Construction Projects

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; request for comments.

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SUMMARY: This notice invites public comments on issues relating to the 
legislative requirement to conduct a study and report to the Congress 
on the extent and effectiveness of use by States of uniformed police 
officers on Federal-aid highway construction projects. This is provided 
in section 1213 (c) of the Transportation Equity Act for the 21st 
Century (TEA-21).

DATES: In order for comments responding to issues raised by this notice 
to be considered during the critical early stages of the study, they 
should be submitted no later than January 3, 2000.

ADDRESSES: Signed, written comments should refer to the docket number 
that appears at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Docket, Room PL-401, 400 Seventh Street, SW., 
Washington, D.C. 20590-0001. All comments received will be available 
for examination at the above address between 9 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Michael E. Robinson, Office of 
Highway Safety Infrastructure (HMHS-20), (202) 366-2193; or Ms. Grace 
Reidy, Office of the Chief Counsel (HCC-32), (202)366-6226, Federal 
Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours each day, 365 days each 
year. Please follow the instructions online for more information and 
help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202)512-1661. Internet 
users may reach the office of the Federal Register's home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's web 
page at: http://www.access.gpo.gov/nara.

Background

    Some States use uniformed police officers very extensively on their 
highway construction projects, while other States use virtually no 
police officers for work zone traffic control. Work zone safety has 
been a high priority issue for the FHWA, traffic engineering 
professionals and highway agencies. Section 1213 (c) of TEA-21, Public 
Law 105-178, 112 Stat. 107, 200(1998), Use of Uniformed Police Officers 
on Federal-aid Highway Construction Projects, requires the Department 
of Transportation to submit a report to Congress on the results of the 
study concerning use of uniformed police officers on Federal-aid 
highway construction sites no later than two years after the date of 
this section. Specific provisions are as follows:
    (1) STUDY.--The Secretary of Transportation is required to conduct 
a study with States, State transportation departments, and law 
enforcement organizations, on the extent and effectiveness of use of 
uniformed police officers on Federal-aid highway construction projects.
    (2) REPORT.--A report on the results of the study is to be 
submitted to Congress by June 9, 2000.
    Although this study is mandated to be conducted with States, State 
transportation departments, and law enforcement organizations, other 
interested parties may comment where applicable. Comments received in 
response to this notice will constitute the informational basis for the 
study required by Section 1213(c). The results of this study will be 
used in the formulation of a report to Congress as to effectiveness of 
uniformed police officers on Federal-aid highway construction projects.
    Comments and suggestions are invited concerning the extent and 
effectiveness of the use by States of uniformed police officers on 
Federal-aid highway construction projects. Of particular concern are 
safety, operational, and financial factors. Comments are requested 
specifically on the following questions; however, interested persons 
are encouraged to provide any information relevant to their experience 
and in whatever format proves most effective for conveying such 
information.
    To the extent feasible, we encourage commenters to formulate their 
responses with reference to the questions provided below. This will 
assist the FHWA in evaluating study results and formulating an 
effective report to Congress. We recognize, however, that certain 
interested persons or organizations may wish to introduce information 
that is useful to our study but not conducive to the question/answer 
format prescribed here. We encourage and will actively consider any 
information responsive to the issue of stationing uniformed police 
officers on Federal-aid highway construction projects.

Questions

    1. Please provide the name of a person in your agency that we might 
contact to obtain follow-up information.

NAME/RANK/ (OPTIONAL)--------------------------------------------------

    2. Law enforcement agencies please provide the following 
information:

ORGANIZATION-----------------------------------------------------------

SIZE OF YOUR LAW ENFORCEMENT AGENCY------------------------------------

(No. of Officers)

NAME OF JURISDICTION---------------------------------------------------

TYPE OF JURISDICTION {time}  State {time}  County {time}  Municipal 
{time}  Other (please provide description)

POPULATION of JURISDICTION (Check One):

{time}  Less than 25,000 {time}  25-50,000 {time}  50-100,000 
{time}  100,000 or more

APPROXIMATE NUMBER OF HIGHWAY CONSTRUCTION PROJECTS IN WHICH YOUR 
AGENCY HAS BEEN INVOLVED (per year) ________

    3. Does your agency have a policy to provide uniformed police 
officers to increase safety and operation on Federal-aid highway 
construction projects?

____YES ____NO

    4. If you responded YES to Question 3, please answer the following:
    {time}  Please explain the policy and provide a copy.
    {time}  Who developed the policy?
    {time}  What has been the effect of the policy on the following: 
crashes, deaths, injuries, operations and public relations?
    5. Since implementation of the policy, what has been the effect on 
injuries and fatalities on Federal-aid highway construction projects?
    6. How many citations have been issued on Federal-aid highway 
construction projects in the last year?
    7. Does your State conduct a training program for uniformed police 
officers regarding construction projects?
    8. Does the training program include recognition and proper 
placement of

[[Page 59013]]

traffic control devices and other safety and operational factors?
    9. Do uniformed police officers use marked police vehicles along/on 
highway construction projects? If yes, are the officers required to be 
out of the vehicles and visible to traffic?
    10. Are only off-duty uniformed police officers used on Federal-aid 
highway construction projects or can on-duty police officers be used as 
well?
    11. Who determines the number of uniformed police officers to be 
used in Federal-aid highway construction projects?

{time}  Highway agency
{time}  Law enforcement agency
{time}  Joint effort (please state between whom)
{time}  Other (please describe)

    12. How is the number of uniformed police officers determined and 
deployed in Federal-aid construction projects?
    13. Do you believe that the use of uniformed police officers on/
along Federal-aid highway construction projects improves the safety and 
operations in work zones?
    14. In addition to being in uniform, do police officers on Federal-
aid construction projects wear any protective or high visibility 
clothing?
    15. Do you believe that the use of uniformed police officers 
reduces the liability of the highway construction contractor?
    16. Are there certain circumstances when uniformed police officers 
are always used (e.g., nighttime construction, high-speed/high volume 
highways, etc.)? Please describe those circumstances.
    17. Are other law enforcement activities effective due to the use 
of uniformed police officers on Federal-aid highway construction 
projects?
    18. What is the source of funding for the use of uniformed police 
officers on Federal-aid highway construction projects?

{time}  Highway construction funds
{time}  Highway Administration funds
{time}  Law enforcement appropriation funds
{time}  Other (Please identify funding sources)

    19. Have studies been conducted by your agency on the use of 
uniformed police officers in work zones?
    20. Are uniformed police officers included during the planning 
process of a construction project?

    Authority: 23 U.S.C. 315; sec. 1213(c), Pub. L. 105-178, 112 
Stat. 107, 200(1998); 49 CFR 1.48.

    Issued on: October 15, 1999.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 99-28517 Filed 10-29-99; 8:45 am]
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