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There were nine comments related to how conformity with the final rule would be determined, and by whom. There were 11 comments about how conformity with the regional ITS architecture would be determined, and by whom. Six comments specifically suggested methods for determining conformance, including a process similar to current Federal planning oversight procedures. Six other commenters suggested that determination be made by the MPO or State. For either case, the comments reflected a lack of clarity as to what documentation would be necessary. There were six related comments suggesting the level of documentation be commensurate with the scale of the planned ITS investments in the region.

In the final rule, the FHWA has attempted to clarify the process for determining conformance. Conformance of an ITS project with a regional ITS architecture shall be made prior to authorization of funding for project construction or implementation as provided in 23 U.S.C. 106 and 133.

We do not intend to create new oversight procedures beyond those provided, but in those cases where oversight and approval for ITS projects is assumed by the State, the State will be responsible for ensuring compliance with this regulation and the FHWA's oversight will be through existing processes.

There were 14 comments concerning the documentation requirements of the proposed rule and generally suggesting they be reduced. Certainly the development of a regional ITS architecture and evidence of conformance of a specific project to that regional ITS architecture implies some level of documentation be developed. However, to allow flexibility on the part of the State or local agency in demonstrating compliance with the final rule, no specific documentation is required to be developed or submitted to the FHWA for review or approval. The FHWA recognizes the need to be able to scale the regional ITS architecture and the associated documentation to the needs of the region. Section 940.9(a) of the final rule contains specific language allowing such scaling.