§ 5206. NATIONAL ARCHITECTURE AND STANDARDS.
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In General.— Development, implementation, and maintenance .— Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note; 110 Stat. 783 ), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology as a component of the surface transportation systems of the United States.
Interoperability and efficiency .— To the maximum extent practicable, the national architecture shall promote interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United States. Use of standards development organizations .— In carrying out this section, the Secretary may use the services of such standards development organizations as the Secretary determines to be appropriate. Report on Critical Standards .— Not later than June 1, 1999 , the Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives identifying which standards are critical to ensuring national interoperability or critical to the development of other standards and specifying the status of the development of each standard identified.
Provisional Standards.— In general .— If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional standard after consultation with affected parties, and using, to the extent practicable, the work product of appropriate standards development organizations. Critical standards .— If a standard identified as critical in the report under subsection
(b)is not adopted and published by the appropriate standards development organization by January 1, 2001 , the Secretary shall establish a provisional standard after consultation with affected parties, and using, to the extent practicable, the work product of appropriate standards development organizations. Period of effectiveness .— A provisional standard established under paragraph
(1)or
(2)shall be published in the Federal Register and remain in effect until the appropriate standards development organization adopts and publishes a standard. Waiver of Requirement To Establish Provisional Standard.— In general .— The Secretary may waive the requirement under subsection (c)(2) to establish a provisional standard if the Secretary determines that additional time would be productive or that establishment of a provisional standard would be counterproductive to achieving the timely achievement of the objectives identified in subsection (a). Notice .— The Secretary shall publish in the Federal Register a notice describing each standard for which a waiver of the provisional standard requirement has been granted, the reasons for and effects of granting the waiver, and an estimate as to when the standard is expected to be adopted through a process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 [ Pub. L. 104–113 ] ( 15 U.S.C. 272 note; 110 Stat. 783 ). Withdrawal of waiver .— At any time the Secretary may withdraw a waiver granted under paragraph (1). Upon such withdrawal, the Secretary shall publish in the Federal Register a notice describing each standard for which a waiver has been withdrawn and the reasons for withdrawing the waiver. Conformity With National Architecture.— In general .— Except as provided in paragraphs
(2)and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available from the Highway Trust Fund, including funds made available under this subtitle to deploy intelligent transportation system technologies, conform to the national architecture, applicable standards or provisional standards, and protocols developed under subsection (a). Secretary’s discretion .— The Secretary may authorize exceptions to paragraph
(1)for— projects designed to achieve specific research objectives outlined in the National ITS Program Plan under section 5205 or the transportation research and development strategic plan under section 6503 of title 49 , United States Code; or the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this subtitle [ June 9, 1998 ], if the Secretary determines that the upgrade or expansion— would not adversely affect the goals or purposes of this subtitle; is carried out before the end of the useful life of such system; and is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). Exceptions .— Paragraph
(1)shall not apply to funds used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this subtitle. Spectrum .— The Federal Communications Commission shall consider, in consultation with the Secretary, spectrum needs for the operation of intelligent transportation systems, including spectrum for the dedicated short-range vehicle-to-wayside wireless standard. Not later than January 1, 2000 , the Federal Communications Commission shall have completed a rulemaking considering the allocation of spectrum for intelligent transportation systems.
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- Pub. L. 104-113
- 110 Stat. 783
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