Performance Management Questions & Answers

Posted 9/25/2012

Question 1: Please describe the process that USDOT will utilize to solicit input in the establishment of performance measures?

Answer 1: USDOT is planning to provide opportunities for stakeholders to contribute their input regarding the measures required under 23 U.S.C. 150(c) (newly-established by section 1203 of MAP-21). Information will be provided on the USDOT and FHWA websites soon with more information on these opportunities. In addition, stakeholders can provide their input regarding the required measures by contacting Francine Shaw Whitson by phone at (202) 366-8028, by email at FSWhitson@dot.gov, or mail at Federal Highway Administration, 1200 New Jersey Ave., SE, Washington, D.C. 20590.

Also, for the notice of proposed rulemaking (NPRM), 23 U.S.C. 150(c)(2) requires the Secretary to provide no less than 90 days for the public to comment on the NPRM. The Secretary is also required to take into consideration any comments relating to a proposed regulation received during that comment period.

Question 2: Are States required to set performance targets? If so, when are they due?

Answer 2: States are required to establish targets that reflect the measures established by the USDOT under 23 U.S.C. 150(c), where applicable. A State may, as appropriate, provide for different targets for urbanized and rural areas. To ensure consistency, States must, to the maximum extent practicable, coordinate with the relevant MPO and with providers of public transportation in an urbanized area not represented by an MPO. The State must establish these targets within than 1 year after the USDOT final rule on performance measures. (23 U.S.C. 135 & 150)

Question 3: Are MPOs required to set performance targets? If so, when are they due?

Answer 3: Metropolitan Planning Organizations (MPOs) are required to establish targets for each measure established in 23 U.S.C. 150(c), where applicable. MPOs are required to establish targets in coordination with the relevant State/s and, to the maximum extent practicable, with providers of public transport transportation no later than 180 days after the date on which the relevant State/s or the provider of public transportation establishes their performance targets. (23 U.S.C. 134)

Question 4: MAP-21 sets forth a limited set of areas in which USDOT can establish performance measures. Does USDOT have authority to establish measures for other areas?

Answer 4: USDOT is limited under MAP-21 to establishing national measures on which the States must report to only those listed in the new 23 U.S.C. 150(c).

Question 5: When are the national performance measures expected to be provided?

Answer 5: Under 23 U.S.C. 150(c), USDOT is required to establish national performance measures and standards, through rulemaking, no later than 18 months after the October 1, 2012, date of enactment of MAP-21.

Question 6: Have any nationwide performance measures been established in the Act or will these follow as USDOT rulemaking?

Answer 6: The national performance measures will be established through rulemaking by USDOT in accordance with 23 U.S.C. 150(c). In addition to those measures, MAP-21 requires the use of the following items to carry out provisions in the National Highway Performance Program and the Highway Safety Improvement Program:

• "total deck area of bridges in the State on the National Highway System" under the National Highway Performance Program (23 U.S.C. 119(f)(2));
• fatalities on high risk rural roads; traffic fatalities and serious injuries for older drivers; and fatalities and serious injuries at railway-highway crossings under the Highway Safety Improvement Program (23 U.S.C. 148(g)&(h)).

Question 7: How will USDOT determine if a State is making significant progress toward achieving targets?

Answer 7: USDOT will be issuing more information in the form of questions and answers, guidance, or regulation to outline how this requirement will be administered. Input from stakeholders on this topic can be provided through the USDOT and FHWA websites and/or sent to Francine Shaw Whitson by phone at (202) 366-8028, by email at FSWhitson@dot.gov, or mail at Federal Highway Administration, 1200 New Jersey Ave, SE, Washington, D.C. 20590.

Question 8: Under 23 U.S.C. 119(e)(7) a State is required to document the actions they will undertake if they do not achieve or make significant progress toward achieving the targets of the State for performance measures described in section 150(d) for the National Highway System for 2 consecutive reports. When will the assessment of target achievement occur and what period of time will the assessment address?

Answer 8: 23 U.S.C. 150(e) requires States to submit an initial version of this report to USDOT no later than 4 years after the October 1, 2012, date of enactment of MAP-21, and every 2 years thereafter. Under 23 U.S.C. 119(e)(7), States are required to achieve or make significant progress towards the achievement of targets for 2 consecutive reports, which is a total period of 2 years after the first performance report that is required under 23 U.S.C. 150(e).