PUBLIC LAW 106-346—APPENDIX 114 STAT. 1356A-31 rule or proposed amendment to a rule contained in the Notice of Proposed Rulemaking issued on April 24, 2000 (Docket No. FMCSA-97 -2350-953); (2) to adopt any rule or amendment to a rule similar in substance to a proposed rule or proposed amendment to a rule contained in such Notice; or (3) if any such proposed rule or proposed amendment to a rule has been adopted prior to enactment of this section, to enforce such rule or amendment to a rule: Provided, That nothing in this section shall apply to issuing and proceeding, through all stages of rulemaking other than adoption of a final rule, under subchapter II of chapter 5 of title 5, United States Code on a supplemental notice of proposed rulemaking to be issued in Docket No. FMCSA-97-2350-953 that contains proposed rules and proposed amendments to rules that take appropriate account of the information received for filing in the docket on the Notice of Proposed Rulemaking (Docket No. FMCSA-97-2350-953). SEC. 336. Section 3038(e) of Public Law 105-178 is amended by striking "50" and inserting "90". SEC. 337. Item number 273 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended by striking "Reconstruct 1-235 and improve the interchange for access to the MLKing Parkway." and inserting "Construction of the north-south segments of the Martin Luther King Jr. Parkway in Des Moines.". SEC. 338. Item number 328 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178) is amended by inserting before "of the following: "or construction". SEC. 339. Section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 256) is amended— (1) by striking item number 63, relating to Ohio; and (2) in item number 186, relating to Ohio, by striking "3.75" and inserting "7.5". SEC. 340. (a) Of the funds apportioned to the Commonwealth of Massachusetts under each of subsections (b)(1), (b)(2), (b)(3), and (b)(4) of section 104 and section 105 of title 23, United States Code, the Secretary shall withhold obligation of Federal funds and all project approvals for the Central Artery/Tunnel project in fiscal year 2001 and each fiscal year thereafter unless the Secretary of the Department of Transportation determines that the Commonwealth meets each of the following criteria: (1) The Commonwealth is in full compliance with the partnership agreement that was executed on June 22, 2000, between the Federal Highway Administration, the Massachusetts Turnpike Authority, the Massachusetts Highway Department, and the Massachusetts Executive Office of Transportation and Construction. (2) The Commonwealth is in full compliance with the balanced statewide program memorandum of understanding entered into by the Massachusetts Highway Department, the Executive Office of Transportation and Construction, and metropolitan planning organizations in the Commonwealth of Massachusetts. (3) The Commonwealth of Massachusetts shall spend no less than $400,000,000 each year for construction activities and specific transportation projects as defined in the Balanced
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