Notice of Funding Opportunity for the Tribal Transportation Program Safety Funding, 46758-46764 [2016-16875]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46758-46764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16875]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Funding Opportunity for the Tribal Transportation 
Program Safety Funding

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice of funding opportunity.

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SUMMARY: This notice announces a funding opportunity and requests grant 
applications for FHWA's Tribal Transportation Program Safety Funds 
(TTPSF). In addition, this notice identifies selection criteria, 
application requirements, and technical assistance during the grant 
solicitation period for the TTPSF.
    The TTPSF is authorized within the Tribal Transportation Program 
(TTP) under the Fixing America's Surface Transportation (FAST) Act. The 
FHWA will distribute these funds as described in this notice on a 
competitive basis in a manner consistent with the selection criteria.

DATES: Applications must be submitted electronically no later than 
11:59 p.m., e.t. on September 16, 2016 (the ``application deadline''). 
Applicants are encouraged to submit applications in advance of the 
application deadline; however, applications will not be evaluated, and 
awards will not be made until after the application deadline.
    The FHWA plans to conduct outreach regarding the TTPSF in the form 
of a Webinar on August 3, 2016 at 2:00 p.m., e.t. To join the Webinar, 
please click this link then enter the room as a guest: https://connectdot.connectsolutions.com/tribaltrans/. The audio portion of the 
Webinar can be accessed from this teleconference line: TOLL FREE 1-888-
251-2909; ACCESS CODE 4442306. The Webinar will be recorded and posted 
on FHWA's Web site at: https://www.flh.fhwa.dot.gov/programs/ttp/safety/. A TDD is available for individuals who are deaf or hard of 
hearing at 202-366-3993.

ADDRESSES: Applications must be submitted electronically through the 
Web site: https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
this notice please contact Russell Garcia, TTPSF Program Manager, via 
email at russell.garcia@dot.gov; by telephone at 202-366-9815; or by 
mail at Federal Highway Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m. 
e.t., Monday through Friday, except Federal holidays. For legal 
questions, please contact Ms. Vivian Philbin, Office of the Chief 
Counsel, by telephone at (720) 963-3445; by email at 
vivian.philbin@dot.gov; or by mail at Federal Highway Administration, 
Central Federal Lands Highway Division, 12300 West Dakota Avenue, 
Lakewood, CO 80228. Office hours are from 7:30 a.m. to 4:00 p.m. m.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On August 5, 2013, FHWA published the first 
notice of funding availability for the TTPSF (78 FR 47480). On November 
13, 2013, FHWA awarded 183 tribes a total of $8.6 million for 193 
safety projects. On May 14, 2014, FHWA published the second notice of 
funding availability for the TTPSF (79 FR 27676). On March 10, 2015, 
FHWA awarded 82 tribes a total of $8.5 million for 94 projects to 
improve transportation safety on tribal lands. On June 26, 2015, FHWA 
published the third notice of funding availability for the TTPSF (80 FR 
36885). On December 9, 2015, FHWA awarded 36 tribes a total of $449,500 
for 36 projects for developing tribal safety plans. On April 26, 2016, 
FHWA awarded 35 tribes a total of $8 million for 54 projects. The FHWA 
is publishing this fourth notice to announce an additional round of 
funding and request grant applications for Fiscal Year 2016.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
    1. Eligible Applicants
    2. Cost Sharing or Matching
D. Application and Submission Information
    1. Address To Request Application Package
    2. Content and Form of Application Submission
    3. Unique Entity Identifier and System for Award Management 
(SAM)
    4. Submission Dates and Time
    5. Intergovernmental Review
    6. Funding Restrictions
    7. Other Submission Requirements
E. Application Review Information

[[Page 46759]]

    1. Criteria
    i. Safety Plans and Safety Planning Activities (Funding Goal 40 
Percent of TTPSF)
    ii. Other Eligible Activities as Listed in 23 U.S.C. 148(a)(4) 
(Funding Goal 60 Percent of TTPSF)
    2. Review and Selection Process
    i. Safety Plans and Safety Planning Activities
    ii. Other Eligible Activities as Listed in 23 U.S.C. 148(a)(4)
F. Federal Award Administration Information
    1. Federal Award Notice
    2. Administrative and National Policy
    3. Reporting
G. Federal Awarding Agency Contact(s)
H. Other Information
1. Protection of Confidential Business Information

A. Program Description

    Since the TTPSF was created under Moving Ahead for Progress in the 
21st Century (MAP-21), FHWA has awarded $17.1 million to 336 Indian 
tribes for 377 projects, including development of safety plans, to 
address safety issues in Indian country over three rounds of 
competitive grants. The intent of the TTPSF is to prevent and reduce 
deaths or serious injuries in transportation-related crashes on tribal 
lands where statistics are consistently higher than the rest of the 
Nation as a whole.
    The TTPSF emphasizes the development of strategic Transportation 
Safety Plans using a data-driven process as a means for tribes to 
determine how transportation safety needs will be addressed in tribal 
communities. Tribal Transportation Safety Plans are a tool used to 
identify risk factors that lead to serious injury or death and organize 
various entities to strategically reduce risk; projects submitted must 
be data-driven, must be consistent with a comprehensive safety 
strategy, and must correct or improve a hazardous road location or 
feature or address a highway safety problem.
    Throughout the past three grant cycles, TTPSF awards have supported 
safety planning, engineering, enforcement and emergency services, and 
education (the 4Es) projects. Successful TTPSF projects leverage 
resources, encourage partnership, and have the data to support the 
applicants' approach in addressing the prevention and reduction of 
death or serious injuries in transportation-related crashes. A listing 
of the safety projects/activities that tribes previously submitted and 
were awarded TTP safety funds, as well as additional safety-related 
information can be found on the TTP Safety Web site at https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm. However, the FAST Act 
made some changes to the types of projects and activities that will be 
eligible for TTPSF grants in Fiscal Year 2016 and future years.
    Under MAP-21, the Highway Safety Improvement Program (HSIP) 
included a range of eligible HSIP projects. The list of eligible 
projects was non-exhaustive, and a State could use HSIP funds on any 
safety project (infrastructure-related or non-infrastructure) that met 
the overarching requirements that the project be consistent with the 
State's Strategic Highway Safety Plan (SHSP) and correct or improve a 
hazardous road location or feature or address a highway safety problem. 
Although the FAST Act continued these overarching requirements under 
HSIP, it limited eligibility to the projects and activities listed in 
section 148(a)(4) of title 23, United States Code, most of which are 
infrastructure-safety related.
    As a result of the FAST Act amendments, in Fiscal Year (FY) 2016, 
the TTPSF will only fund highway safety improvement projects eligible 
under the HSIP as listed in 23 U.S.C. 148(a)(4). For purposes of 
awarding funds under this program in FY 2016, FHWA has identified two 
eligibility categories and intends to focus approximately 40 percent of 
the funding on safety plans and safety planning activities, and the 
remaining 60 percent on other eligible activities as listed in 23 
U.S.C. 148(a)(4).

B. Federal Award Information

    The FAST Act authorized TTPSF as a set aside of not more than 2 
percent of the funds made available under the TTP for FY 2016. This 
notice of funding opportunity solicits proposals under the TTPSF for FY 
2016. Section 202(e) of title 23, United States Code, provides that the 
Secretary shall allocate funds based on an identification and analysis 
of highway safety issues and opportunities on tribal lands, as 
determined by the Secretary, on application of the Indian tribal 
governments for HSIP eligible projects described in 23 U.S.C. 
148(a)(4). Eligible projects described in section 148(a)(4) include 
strategies, activities, and projects on a public road that are 
consistent with a State strategic highway safety plan and correct or 
improve a hazardous road location or feature, or address a highway 
safety problem.
    Under 23 U.S.C. 148(a)(4), eligible projects are limited to the 
following:
    (i) An intersection safety improvement.
    (ii) Pavement and shoulder widening (including addition of a 
passing lane to remedy an unsafe condition).
    (iii) Installation of rumble strips or another warning device, if 
the rumble strips or other warning devices do not adversely affect the 
safety or mobility of bicyclists and pedestrians, including persons 
with disabilities.
    (iv) Installation of a skid-resistant surface at an intersection or 
other location with a high frequency of crashes.
    (v) An improvement for pedestrian or bicyclist safety or safety of 
persons with disabilities.
    (vi) Construction and improvement of a railway-highway grade 
crossing safety feature, including installation of protective devices.
    (vii) The conduct of a model traffic enforcement activity at a 
railway-highway crossing.
    (viii) Construction of a traffic calming feature.
    (ix) Elimination of a roadside hazard.
    (x) Installation, replacement, and other improvement of highway 
signage and pavement markings, or a project to maintain minimum levels 
of retroreflectivity, that addresses a highway safety problem 
consistent with an SHSP.
    (xi) Installation of a priority control system for emergency 
vehicles at signalized intersections.
    (xii) Installation of a traffic control or other warning device at 
a location with high crash potential.
    (xiii) Transportation safety planning.
    (xiv) Collection, analysis, and improvement of safety data.
    (xv) Planning integrated interoperable emergency communications 
equipment, operational activities, or traffic enforcement activities 
(including police assistance) relating to work zone safety.
    (xvi) Installation of guardrails, barriers (including barriers 
between construction work zones and traffic lanes for the safety of 
road users and workers), and crash attenuators.
    (xvii) The addition or retrofitting of structures or other measures 
to eliminate or reduce crashes involving vehicles and wildlife.
    (xviii) Installation of yellow-green signs and signals at 
pedestrian and bicycle crossings and in school zones.
    (xix) Construction and operational improvements on high risk rural 
roads.
    (xx) Geometric improvements to a road for safety purposes that 
improve safety.
    (xxi) A road safety audit.
    (xxii) Roadway safety infrastructure improvements consistent with 
the recommendations included in the publication of the Federal Highway 
Administration entitled ``Highway Design Handbook for Older Drivers and 
Pedestrians'' (FHWA-RD-01-103),

[[Page 46760]]

dated May 2001 or as subsequently revised and updated.
    (xxiii) Truck parking facilities eligible for funding under section 
1401 of the MAP-21.
    (xxiv) Systemic safety improvements.
    (xxv) Installation of vehicle-to-infrastructure communication 
equipment.
    (xxvi) Pedestrian hybrid beacons.
    (xxvii) Roadway improvements that provide separation between 
pedestrians and motor vehicles, including medians and pedestrian 
crossing islands.
    (xxviii) A physical infrastructure safety project not described in 
clauses (i) through (xxvii).
    For more information regarding eligible activities under HSIP, 
please see FHWA guidance at:

https://safety.fhwa.dot.gov/legislationandpolicy/fast/guidance.cfm
https://safety.fhwa.dot.gov/hsip/rulemaking/docs/hsip_ig42216_final.pdf

    Section 202(e) further specifies that in applying for TTPSF, an 
Indian tribal government, in cooperation with the Secretary of the 
Interior and, as appropriate, with a State, local government, or 
metropolitan planning organization, shall select projects from the 
transportation improvement program (TIP), subject to the approval of 
the Secretary of Transportation and the Secretary of the Interior.
    Upon award, successful applicants will receive the TTPSF funds 
through their existing TTP contracting methodology with either the FHWA 
or Bureau of Indian Affairs (BIA). Upon completion of a TTPSF project, 
funds that are not expended are to be recovered and returned to the 
FHWA to be made available for the following year's TTPSF grant cycle.

C. Eligibility Information

    To be selected for a TTPSF award, an applicant must be a federally 
recognized Indian tribe and the project must be an eligible project.

1. Eligible Applicants

    Eligible applicants for TTPSF discretionary grants are federally 
recognized tribes identified on the list of ``Indian Entities 
Recognized and Eligible to Receive Services from the Bureau of Indian 
Affairs'' (published at 81 FR 26826). Other entities may partner with a 
tribal government to submit an application, but the eligible applicant 
must be a federally recognized Indian tribe. A tribe may submit more 
than one application; however, only one project may be included in each 
application.
    Recipients of prior TTPSF funds may submit applications during this 
current round according to the selection criteria. However, to be 
competitive, the applicant should demonstrate the extent to which the 
previously funded project or projects has been able to meet estimated 
project schedules and budget, as well as the ability to realize the 
outcomes for previous awards.

2. Cost Sharing or Matching

    There is no matching requirement for the TTPSF. However, if the 
total amount of funding requested for applications rated ``highly 
qualified'' or ``qualified'' exceeds the amount of available funding, 
FHWA will give priority consideration to those projects that show a 
commitment of other funding sources to complement the TTPSF funding 
request. Therefore, leveraging a TTPSF request with other funding 
sources identified in Section E is encouraged.

D. Application and Submission Information

1. Address To Request Application Package

    Application package can be downloaded from the TTPSF Web site: 
https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm. Applicants may 
also request a paper copy of this application package by contacting 
Russell Garcia at 202-366- 9815. For a Telephone Device for the Deaf 
(TDD) please call 202-366-3993. The applications must be submitted 
electronically through the following Web site: https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm. Applicants are encouraged to submit 
applications in advance of the application deadline; however, 
applications will not be evaluated, and awards will not be made until 
after the application deadline.

2. Content and Form of Application Submission

    The FHWA may request additional information, including additional 
data, to clarify an application, but FHWA encourages applicants to 
submit the most relevant and complete information they can provide. The 
FHWA also encourages applicants, to the extent practicable, to provide 
data and evidence of project merits in a form that is publicly 
available or verifiable.
    The applicants should include the following information in their 
applications:

i. Fill out an online form similar to SF-424 at: https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm
ii. Narrative

    Applicants must attach a supplemental narrative to their submission 
to successfully complete the application process. Applicants must 
include the supplemental narrative in the attachments section of the 
form.
    Applicants must identify the eligibility category for which they 
are seeking funds in the project narrative. In addition, applicants 
should address each question or statement in their applications. It is 
recommended that applicants use standard formatting (e.g., a single-
spaced document, using a standard 12-point font, such as Times New 
Roman, with 1-inch margins) to prepare their application narratives. An 
application must include any information needed to verify that the 
project meets the statutory eligibility criteria in order for the FHWA 
to evaluate the application against TTPSF rating criteria.
    Applicants should demonstrate the responsiveness of their proposals 
to any pertinent selection criteria with the most relevant information 
that applicants can provide, and substantiated by data, regardless of 
whether such information is specifically requested, or identified, in 
the final notice. Applicants should provide evidence of the feasibility 
of achieving certain project milestones, financial capacity, and 
commitment in order to support project readiness.
    Consistent with the requirements for an eligible highway safety 
improvement project under 23 U.S.C. 148(a)(4), applicants must describe 
clearly how their project would correct or improve a hazardous road 
location or feature, or would address a highway safety problem. The 
application must include supporting data.
    For ease of review, FHWA recommends that the project narrative 
generally adhere to the following basic outline, and include a table of 
contents, project abstract, maps, and graphics:
    a. Project Abstract: Describe project work that would be completed 
under the project, the hazardous road location or feature or the 
highway safety problem that the project would address, and whether the 
project is a complete project or part of a larger project with prior 
investment (maximum five sentences). The project abstract must 
succinctly describe how this specific request for TTPSF would be used 
to complete the project.
    b. Project Description: Include information on the expected users 
of the project, a description of the hazardous road location or feature 
or the highway safety problem that the project would address, and how 
the project would address these challenges;

[[Page 46761]]

    c. Applicant information and coordination with other entities: 
Identify the Indian tribal government applying for TTPSF, a description 
of cooperation with other entities in selecting projects from the TIP 
as required under 23 U.S.C. 202(e)(2), and information regarding any 
other entities involved in the project;
    d. Grant Funds and Sources/Uses of Project Funds: Include 
information about the amount of grant funding requested for the 
project, availability/commitment of funds sources and uses of all 
project funds, total project costs, percentage of project costs that 
would be paid for with the TTPSF, and the identity and percentage 
shares of all parties providing funds for the project (including 
Federal funds provided under other programs);
    e. Include a description of how the proposal meets the Selection 
Criteria identified in Section E, Subsection 1 Criteria.

3. Unique Entity Identifier and System for Award Management (SAM)

    The TTPSF requires applicants to provide their Data Universal 
Numbering System (DUNS) number with their application.

4. Submission Dates and Time

    i. Deadline--Applications must be submitted electronically no later 
than 11:59 p.m., e.t. on September 16, 2016 (the ``application 
deadline'').
    ii. Applicants are encouraged to submit applications in advance of 
the application deadline; however, applications will not be evaluated, 
and awards will not be made until after the application deadline.
    iii. Upon submission of the applications electronically through the 
following Web site: https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm, the applicants will receive automatic reply confirming 
transmittal of the application to the FHWA. Please contact Russell 
Garcia at 202-366-9815, should you not receive any confirmation from 
the FHWA.
    iv. Late Applications--Applications received after the deadline 
will not be considered except in the case of unforeseen technical 
difficulties that are beyond the applicant's control. The FHWA will 
consider late applications on a case-by-case basis. Applicants are 
encouraged to submit additional information documenting the technical 
difficulties experienced, including a screen capture of any error 
messages received.

5. Intergovernmental Review

    The TTPSF is not subject to the Intergovernmental Review of Federal 
Programs.

6. Funding Restrictions

    There are no funding restrictions on any applications. However, 
FHWA anticipates high demand for this limited amount of funding and 
encourages applications with scalable requests that allow more tribes 
to receive funding and for requests that identify a commitment of other 
funding sources to complement the TTPSF funding request. Applicants 
should demonstrate the capacity to successfully implement the proposed 
request in a timely manner, and ensure that cost estimates and 
timelines to complete deliverables are included in their applications.

7. Other Submission Requirements

    Applications must be submitted electronically through the following 
Web site: https://flh.fhwa.dot.gov/programs/ttp/safety/ttpsf.htm.

E. Application Review Information

 1. Criteria

    The FHWA will award TTPSF funds based on the selection criteria and 
policy considerations as outlined below. However, to be competitive, 
the applicant should demonstrate the extent to which a previously 
funded project or projects has been able to meet estimated project 
schedules and budget, as well as the ability to realize the outcomes 
for previous awards.
    The FHWA intends to allocate the TTPSF between two categories as 
follows: (1) Safety plans and safety planning activities (40 percent); 
and (2) other eligible activities as listed in 23 U.S.C. 148(a)(4) (60 
percent). These proposed allocation amounts provide substantial funding 
for tribal safety plans and planning activities to reflect the strong 
need that has been identified in this area and to ensure that all 
tribes have an opportunity to assess their safety needs and prioritize 
safety projects. These percentages are only funding goals and may be 
adjusted to reflect the amounts requested in the applications received 
in response to this notice.
i. Safety Plans and Safety Planning Activities (Funding Goal 40 Percent 
of TTPSF)
    The development of a tribal safety plan that is data-driven, 
identifies transportation safety issues, prioritizes activities, is 
coordinated with the State SHSP (all State SHSPs can be found at: 
https://safety.fhwa.dot.gov/hsip/shsp/state_links.cfm), and promotes a 
comprehensive approach to addressing safety needs by including all 4Es, 
is a critical step in improving highway safety. Additional information 
on developing a tribal safety plan can be found at: https://flh.fhwa.dot.gov/programs/ttp/safety/. Accordingly, FHWA will award 
TTPSF for developing and updating tribal safety plans, and other safety 
planning activities. The FHWA will use the following criteria in the 
evaluation of TTPSF funding requests for tribal safety plans: (1) 
Development of a tribal safety plan where none currently exists, and 
(2) age or status of an existing tribal safety plan.
    The FHWA will use the following criteria in the evaluation of TTPSF 
funding requests for safety planning activities: (1) Inclusion of the 
activity in a completed State SHSP or tribal transportation safety plan 
that is no more than 5 years old; (2) submission of supporting data 
that demonstrates the need for the activity; (3) leveraging of private 
or other public funding; or (4) the project is part of a comprehensive 
approach to safety which includes other safety efforts.
    Examples of eligible safety planning activities include:
     Development or Updating of Tribal Safety Plans;
     Collection, analysis, and improvement of safety data; and
     Road safety audits/assessments.
ii. Other Eligible Activities as Listed in 23 U.S.C. 148(a)(4) (Funding 
Goal 60 Percent of TTPSF)
    The FHWA will use the following criteria in the evaluation of 
funding requests under this category: (1) Inclusion of the project or 
activity in a completed State SHSP or tribal transportation safety plan 
that is no more than 5 years old, or inclusion of the activity in a 
completed road safety audit, engineering study, impact assessment or 
other engineering document; (2) submission of supporting data that 
demonstrates the need for the project; (3) ownership of the facility, 
if applicable; (4) leveraging of private or other public funding; (5) 
years since the tribe has last received funding for a TTPSF engineering 
improvement project, if applicable; or (6) the project is part of a 
comprehensive approach to safety which includes other safety efforts.
    Examples of other eligible activities as identified in 23 U.S.C. 
148(a)(4) include:
     An intersection safety improvement;

[[Page 46762]]

     Pavement and shoulder widening (including addition of a 
passing lane to remedy an unsafe condition);
     Installation of rumble strips or another warning device, 
if the rumble strips or other warning devices do not adversely affect 
the safety or mobility of bicyclists and pedestrians, including persons 
with disabilities;
     Installation of a skid-resistant surface at an 
intersection or other location with a high frequency of crashes;
     An improvement for pedestrian or bicyclist safety or 
safety of persons with disabilities;
     Construction and improvement of a railway-highway grade 
crossing safety feature, including installation of protective devices;
     The conduct of a model traffic enforcement activity at a 
railway-highway crossing;
     Construction of a traffic calming feature;
     Elimination of a roadside hazard;
     Installation, replacement, and other improvement of 
highway signage and pavement markings, or a project to maintain minimum 
levels of retroreflectivity that addresses a highway safety problem 
consistent with a Tribal or State strategic highway safety plan;
     Installation of a priority control system for emergency 
vehicles at signalized intersections;
     Installation of a traffic control or other warning device 
at a location with high crash potential;
     Planning integrated interoperable emergency communications 
equipment, operational activities, or traffic enforcement activities 
(including police assistance) relating to work zone safety;
     Installation of guardrails, barriers (including barriers 
between construction work zones and traffic lanes for the safety of 
road users and workers), and crash attenuators;
     The addition or retrofitting of structures or other 
measures to eliminate or reduce crashes involving vehicles and 
wildlife;
     Installation of yellow-green signs and signals at 
pedestrian and bicycle crossings and in school zones;
     Construction and operational improvements on high risk 
rural roads;
     Geometric improvements to a road for safety purposes that 
improve safety;
     Roadway safety infrastructure improvements consistent with 
the recommendations included in the FHWA publication entitled ``Highway 
Design Handbook for Older Drivers and Pedestrians'' (FHWA-RD-01-103, 
dated May 2001 or as subsequently revised and updated;
     Truck parking facilities eligible for funding under 
section 1401 of MAP-21;
     Systemic safety improvements;
     Installation of a vehicle to infrastructure communication 
equipment;
     Pedestrian hybrid beacons;
     Roadway improvements that provide separation between 
pedestrians and motor vehicles, including medians and pedestrian 
crossing islands; and
     Other physical infrastructure safety projects.

2. Review and Selection Process

    The TTPSF grant applications will be evaluated in accordance with 
evaluation process discussed below. The FHWA will establish an 
evaluation team to review each application received by FHWA prior to 
the application deadline. The FHWA will lead the evaluation team, which 
will include members from the BIA. The evaluation team will include 
technical and professional staff with relevant experience and expertise 
in tribal transportation safety issues. The evaluation team will be 
responsible for evaluating and rating all eligible projects. The 
evaluation team will review each application against the evaluation 
criteria in each of the categories and assign a rating of ``Highly 
Qualified,'' ``Qualified,'' or ``Not Qualified'' to each application 
for the FHWA Administrator's review. The FHWA Administrator will 
forward funding recommendations to the Office of the Secretary. The 
final funding decisions will be made by the Secretary of 
Transportation.
    All applications will be evaluated and assigned a rating of 
``Highly Qualified,'' ``Qualified,'' or ``Not Qualified.'' The ratings, 
as defined below, are proposed within each priority funding category as 
follows:
i. Safety Plans and Safety Planning Activities \1\
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    \1\ The development of a tribal safety plan is the cornerstone 
for all future tribal safety activities. Because of the importance 
of developing, completing, or updating a tribal safety plan and for 
this one category only, applications will be deemed either ``highly 
qualified'' or ``not qualified.'' All applications to develop a new 
tribal safety plan, update an incomplete safety plan, or update an 
existing tribal safety plan more than 3 years old are deemed to be 
highly qualified. Applications not directed to developing, updating 
or completing existing a tribal safety plan or which address a plan 
not older than 3 years are deemed ``Not Qualified.''
---------------------------------------------------------------------------

I. Development of Tribal Safety Plans
    a. Highly Qualified: Requests (up to a maximum of $12,500) for 
development of new tribal safety plans or to update incomplete tribal 
safety plans; and requests (up to a maximum of $7,500) to update 
existing tribal safety plans that are more than 3 years old.
    b. Not Qualified: Projects that do not meet the eligibility 
requirements; any request to update an existing tribal safety plan that 
is less than 3 years old.
II. Other Safety Planning Activities
    a. Highly Qualified: Requests for other safety planning activities 
that are in a current State SHSP or tribal safety plan that is not more 
than 5 years old; submission of data that demonstrates the need for the 
activities; and significant leveraging of TTPSF fund with private or 
public funding or are part of a comprehensive approach to safety which 
includes other safety efforts. If the total amount of funding requested 
for applications rated as ``highly qualified'' exceeds the amount of 
available funding, FHWA will give priority funding consideration to 
funding one or more independent components of a highly qualified 
project. To be eligible, a component must meet eligibility criteria and 
must be a transportation safety project that has independent utility 
(i.e., is usable and a reasonable expenditure of Federal funds even if 
no other improvements are made in the area). In other words, FHWA may 
fund an independent component of a project, instead of the full project 
described in the application, only if that component provides 
transportation benefits and will be ready for its intended use upon 
completion of that component.
    Applicants should be aware that while it is anticipated that most 
of these projects will be categorical exclusions because they do not 
lead to construction or have potentially significant traffic or other 
impacts, depending on the relationship between the overall project and 
the independent component, the National Environmental Policy Act (NEPA) 
review for the independent component may have to include evaluation of 
all project components as connected, similar, or cumulative actions, as 
detailed at 40 CFR 1508.25. Priority consideration will also be given 
to funding requests that include a commitment of other funding sources 
to complement the TTPSF, and those requests where the applicants 
demonstrate the capacity to successfully implement the proposed project 
in a timely manner.
    b. Qualified: Requests for other safety planning activities that 
are in a current State SHSP or tribal safety plan that is more than 5 
years old; submission of some data that demonstrates the need for the 
activity; and some leveraging of TTPSF funds with private or public 
funding or is part of a comprehensive

[[Page 46763]]

approach to safety which includes other safety efforts.
    If the total amount of funding requested for applications rated as 
``qualified'' exceeds the amount of available funding, FHWA will give 
priority funding consideration to funding one or more independent 
components of a qualified project. To be eligible, a component must 
meet eligibility criteria and must be a transportation safety project 
that has independent utility (i.e., is usable and a reasonable 
expenditure of Federal funds even if no other improvements are made in 
the area). In other words, FHWA may fund an independent component of a 
project, instead of the full project described in the application, only 
if that component provides transportation benefits and will be ready 
for its intended use upon completion of that component. Applicants 
should be aware that while it is anticipated that most of these 
projects will be categorical exclusions because they do not lead to 
construction or have potentially significant traffic or other impacts, 
depending on the relationship between the overall project and the 
independent component, the NEPA review for the independent component 
may have to include evaluation of all project components as connected, 
similar, or cumulative actions, as detailed at 40 CFR 1508.25. Priority 
consideration will also be given to funding requests that include a 
commitment of other funding sources to complement the TTPSF, and those 
requests where the applicants demonstrate the capacity to successfully 
implement the proposed project in a timely manner.
    c. Not Qualified: Projects that do not meet the eligibility 
requirements; or projects that are not included in a State SHSP or 
tribal safety plan.
ii. Other Eligible Activities as Listed in 23 U.S.C. 148(a)(4)
    a. Highly Qualified: Efforts that are in a current State SHSP or 
tribal safety plan that is less than 5 years old, or the project is in 
a current road safety audit, or impact assessment, or other safety 
engineering study; data included in the application that directly 
supports the project; projects located on a BIA or tribal facility; and 
significant leveraging of TTPSF funds with other funding; and the tribe 
has not received funding for a TTPSF transportation safety construction 
project in more than 10 years or the project is part of a comprehensive 
approach to safety which includes three or more other safety efforts.
    If the total amount of funding requested for applications rated as 
``highly qualified'' exceeds the amount of available funding, FHWA will 
give priority funding consideration to funding one or more independent 
components of a highly qualified project. To be eligible, a component 
must meet eligibility criteria and must be a transportation improvement 
that has independent utility (i.e., is usable and a reasonable 
expenditure of Federal funds even if no other improvements are made in 
the area). In other words, FHWA may fund an independent component of a 
project, instead of the full project described in the application, only 
if that component provides transportation benefits and will be ready 
for its intended use upon completion of that component's construction. 
Applicants should be aware that, depending on the relationship between 
the overall project and the independent component, the NEPA review for 
the independent component may have to include evaluation of all project 
components as connected, similar, or cumulative actions, as detailed at 
40 CFR 1508.25. Priority consideration will also be given to funding 
requests that include a commitment of other funding sources to 
complement the TTPSF, and those requests where the applicants 
demonstrate the capacity to successfully implement the proposed project 
in a timely manner.
    b. Qualified: Efforts that are in a current State SHSP or tribal 
safety plan, but the plan is more than 5 years old, or the project is 
in a road safety audit, or impact assessment, or other safety 
engineering study that is more than 5 years old; some data included in 
the application that supports the project; project is located on a 
transportation facility not owned by a tribe or BIA; and some 
leveraging of TTPSF funds with other funding; or is part of a 
coordinated approach with one or two other safety efforts; the tribe 
has not received funding for a TTPSF transportation safety construction 
project in the last 2 to 10 years.
    If the total amount of funding requested for applications rated as 
``qualified'' exceeds the amount of available funding, FHWA will give 
priority funding consideration to funding one or more independent 
components of a qualified project. To be eligible, a component must 
meet eligibility criteria and must be a transportation improvement that 
has independent utility (i.e., is usable and a reasonable expenditure 
of Federal funds even if no other improvements are made in the area). 
In other words, FHWA may fund an independent component of a project, 
instead of the full project described in the application, only if that 
component provides transportation benefits and will be ready for its 
intended use upon completion of that component's construction. 
Applicants should be aware that, depending on the relationship between 
the overall project and the independent component, the NEPA review for 
the independent component may have to include evaluation of all project 
components as connected, similar, or cumulative actions, as detailed at 
40 CFR 1508.25. Priority consideration will also be given to funding 
requests that include a commitment of other funding sources to 
complement the TTPSF, and those requests where the applicants 
demonstrate the capacity to successfully implement the proposed project 
in a timely manner.
    c. Not Qualified: Projects that do not meet the eligibility 
requirements; are not included in a State SHSP or tribal safety plan; 
no data provided in the application to support the request; are not 
included in a road safety audit, impact assessment, or other safety 
engineering study; have received funding for a TTPSF transportation 
safety construction project within the last 2 years; or do not have a 
comprehensive approach to safety with other partners.

F. Federal Award Administration Information

1. Federal Award Notice

    The FHWA will announce the awarded projects by posting a list of 
selected projects at https://flh.fhwa.dot.gov/programs/ttp/safety/. 
Following the announcement, successful applicants and unsuccessful 
applicants will be notified separately.

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards found in 2 CFR part 200. Applicable Federal laws, 
rules, and regulations set forth in title 23, U.S.C., and title 23 of 
the CFR apply.
    The TTPSF will be administered the same way as all TTP funds: FHWA 
Agreement tribes will receive funds in accordance with their Program 
Agreement through a Referenced Funding Agreement (RFA); BIA Agreement 
tribes will receive their funds through their BIA Regional Office; and 
Compact tribes will receive their funds through the Department of the 
Interior's Office of Self Governance.

[[Page 46764]]

3. Reporting

    Required reporting follows the requirements for regular TTP funds.

G. Federal Awarding Agency Contact(s)

    For further information concerning this notice please contact 
Russell Garcia, TTPSF Program Manager, via email at 
russell.garcia@dot.gov; by telephone at 202-366-9815; or by mail at 
Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, 
DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m. e.t., Monday 
through Friday, except Federal holidays. For legal questions, please 
contact Ms. Vivian Philbin, Office of the Chief Counsel, by telephone 
at (720) 963-3445; by email at vivian.philbin@dot.gov; or by mail at 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 West Dakota Avenue, Lakewood, CO 80228. Office hours are from 
7:30 a.m. to 4:00 p.m. m.t., Monday through Friday, except Federal 
holidays.

H. Other Information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any 
application shall use publicly available data or data that can be made 
public and methodologies that are accepted by industry practice and 
standards, to the extent possible. If the application includes 
information you consider to be a trade secret or confidential 
commercial or financial information, the applicant should do the 
following: (1) Note on the front cover that the submission ``Contains 
Confidential Business Information (CBI),'' (2) mark each affected page 
``CBI,'' and (3) highlight or otherwise denote the CBI portions.

    Authority:  Section 1118 of Pub. L. 114-94; 23 U.S.C. 202(e).

    Issued on: July 11, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-16875 Filed 7-15-16; 8:45 am]
 BILLING CODE 4910-22-P