PUBLIC LAW 105-178—JUNE 9, 1998 112 STAT. 457 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 (15 U.S.C. 272 note; 110 Stat. 783). (3) 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the Secretary shall publish in the Federal Register a notice describing each standard for which a waiver has been withdrawn and the reasons for withdrawing the waiver. (e) CONFORMITY WITH NATIONAL ARCHITECTURE.— (1) 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). (2) SECRETARY'S DISCRETION.— The Secretary may authorize exceptions to paragraph (1) for— (A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under section 5205 or the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code; or (B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of this subtitle, if the Secretary determines that the upgrade or expansion— (i) would not adversely affect the goals or purposes of this subtitle; (ii) is carried out before the end of the useful life of such system; and (iii) is cost-effective as compared to alternatives that would meet the conformity requirement of paragraph (1). (3) 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. (f) 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. SEC. 5207. RESEARCH AND DEVELOPMENT. 23 USC 502 note. (a) IN GENERAL. —The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure systems, and other similar activities that are necessary to carry out this subtitle.
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