Local Empowerment for Accelerating Projects (LEAP) Pilot Program, 74490-74494 [2016-25894]

Download as PDF 74490 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices Twenty Sixth RTCA SC–225 Rechargeable Lithium Batteries and Battery Systems Plenary. DATES: The meeting will be held November 29 to December 01, 2016, 9:00 a.m.–5:00 p.m. ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th Street NW., Suite 910, Washington, DC 20036. FOR FURTHER INFORMATION, CONTACT: Karan Hofmann at khofmann@rtca.org or 202–330–0680, or The RTCA Secretariat, 1150 18th Street NW., Suite 910, Washington, DC, 20036, or by telephone at (202) 833–9339, fax at (202) 833–9434, or Web site at http:// www.rtca.org. Pursuant to section 10(a) (2) of the Federal Advisory Committee Act (Pub. L. 92– 463, 5 U.S.C., App.), notice is hereby given for a meeting of the Twenty Sixth RTCA SC–225 Rechargeable Lithium Batteries and Battery Systems Plenary. The agenda will include the following: Tuesday, November 29, 2016 9:00 a.m. to 5:00 p.m. 1. Introductions and administrative items (including DFO & RTCA Statement) (15 min) 2. Review agenda (5 min) 3. Review and approve summary from the last Plenary (10 min) 4. Review and approve Working Group FRAC disposition (0.5 hours) 5. Adjourn to Working Group; disposition of comments (2 hours) 6. Lunch (12:00 p.m. EDT—1 hour) 7. Adjourn to Working Group; disposition of comments (4 hours) 8. Adjourn Wednesday, November 30, 2016 9:00 a.m. to 5:00 p.m. 1. Convene Plenary to approve previous Working Group efforts 2. Adjourn to Working Group; disposition of comments 3. Lunch (12:00 p.m. EDT—1 hour) 4. Working Group disposition of comments 5. Adjourn Thursday, December 1, 2016 9:00 a.m. to 5:00 p.m. 1. Convene Plenary to approve previous Working Group efforts 2. Adjourn to Working Group; disposition of comments 3. Lunch (12:00 p.m. EDT—1 hour) 4. Convene Plenary 5. Delegate any remaining actions to Working Group as applicable 6. Schedule additional Plenary if required 7. Adjourn Attendance is open to the interested public but limited to space availability. With the approval of the chairman, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on October 21, 2016. Mohannad Dawoud, Management & Program Analyst, Partnership Contracts Branch, ANG–A17, NextGen, Procurement Services Division, Federal Aviation Administration. [FR Doc. 2016–25874 Filed 10–25–16; 8:45 am] BILLING CODE 4910–13–P asabaliauskas on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2016–107] Petition for Exemption; Summary of Petition Received; B/E Aerospace, Inc.—FSI Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of the FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATE: Comments on this petition must identify the petition docket number involved and must be received on or before November 15, 2016. ADDRESSES: You may send comments identified by docket number FAA– 2016–9004 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments digitally. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building SUMMARY: PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM–113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356, email Lynette.Mitterer@faa.gov, phone (425) 227–1047. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on October 20, 2016. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2016–9004. Petitioner: B/E Aerospace, Inc.—FSI. Section of 14 CFR Affected: § 25.813(e). Description of Relief Sought: The petitioner is seeking relief to install up to 24 doors in any zone for mini-suites of a Boeing 777. [FR Doc. 2016–25825 Filed 10–25–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No: FHWA–2016–0030] Local Empowerment for Accelerating Projects (LEAP) Pilot Program Federal Highway Administration, U.S. Department of Transportation. ACTION: Notice. Solicitation of interest and participation in Direct Aid Pilot Program. AGENCY: E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices The Federal Highway Administration (FHWA) is announcing a pilot program to permit, on an experimental basis, direct delivery of Federal-aid funding of up to five Local Public Agencies (LPAs). These LPAs will be subject to Federal oversight, and the State DOT will be relieved of direct oversight and accountability for projects funded under the LEAP pilot program. The pilot program will be carried out for a period of 5 years (unless extended). It will be implemented in accordance with FHWA’s experimental authority provided by the project flexibility authority granted under section 1420 of the Fixing America’s Surface Transportation Act. DATES: Applications must be received by November 25, 2016. ADDRESSES: To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means: • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting applications. • Electronic mail: LEAPFRN@ Sharepointmail.dot.gov. • Mail: U.S. Department of Transportation, Dockets Management Facility, Room W12–140, 1200 New Jersey Ave. SE., Washington, DC 20590– 0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Ave. SE., between 9 a.m. and 5p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. All applications must include the docket number DOT–FHWA–2016–0030 at the beginning of the submission. FOR FURTHER INFORMATION CONTACT: Mr. Robert (Bob) Wright, Local Public Agencies Program Manager, 1200 New Jersey Avenue SE., Washington, DC 20590, 202–366–4630, Robert.Wright@ dot.gov., or Mr. Steve Rochlis, Office of Chief Counsel, 202–366–1395, Steve.Rochlis@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: asabaliauskas on DSK3SPTVN1PROD with NOTICES Electronic Access A copy of this notice and the related Attachment A: Sequencing of Certain Key Direct Recipient Requirements is available for download and public inspection under the docket number noted above at the Federal eRulemaking portal at: http://www.regulations.gov. The Web site is available 24 hours each day, 365 days each year. Electronic retrieval help and guidelines are available under the help section of the Web site. VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 An electronic copy of this document may also be downloaded from the Office of the Federal Register’s home page at: https://www.federalregister.gov/ and the Government Publishing Office’s Web page at: https://www.gpo.gov/fdsys/. Background The Federal-aid highway program is a federally funded, State-administered program, under which State DOTs are responsible for determining which projects are federally funded, including highway projects within the boundaries of the LPAs. The American Public Works Association (APWA), National Association of County Engineers (NACE), and other local entities have advocated for improvements to the Federal-aid Highway Program delivery to LPAs. The FHWA is aware of concerns expressed by LPAs related to cost and time delays in delivery of projects, inadequate communication and collaboration among transportation partners, accessibility to Federal funding, and the need for improved statewide consistency in project administration and oversight, including the need for clarity and consistency as to direction and interpretation. The FHWA has long supported innovative approaches to project delivery and is constantly searching for new and better ways to oversee, accelerate, and reduce the cost of the delivery of highway projects. FHWA’s goals in launching the LEAP pilot program are twofold. The first is to evaluate the impact of direct Federal-aid funding on the effectiveness, efficiency, and expediency of projects delivered by LPAs utilizing innovative approaches to project delivery. The second is to assess the cost and benefit of direct Federal-aid funding of LPAs as well as FHWA’s ability, administrative costs, and resources needed to oversee an expanded base of direct aid recipients by using various approaches to oversight. Objective of the Leap Pilot Program The objectives of the LEAP pilot program are as follows: 1. To determine whether qualified LPAs can deliver Federal-aid highway projects more expeditiously and at a lower cost via innovative approaches to project delivery when the LPA is a direct Federal-aid recipient and employs its own project delivery processes, in compliance with Federal and State requirements. 2. To assess the additional costs and other impacts to FHWA associated with providing effective and efficient stewardship and oversight to an PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 74491 expanded number of direct Federal-aid recipients, and to explore various approaches to stewardship and oversight. Leap Pilot Program Description The Federal-aid highway program (FAHP), under which the LEAP pilot program is being administered, is a Federally-assisted, State administered program. The FAHP supports States and localities by providing financial assistance for the design, construction, preventive maintenance, and other Federal eligible costs associated with about 25 percent of the 3.9 million mile highway network of the United States, including the Interstate Highway System and the National Highway System, as well as primary highways and other major collector roads. Federal funds and obligation authority are distributed to the State DOTs, which act on behalf of the States in accordance with 23 U.S.C. 145, 302, and 23 CFR 1.3. State DOTs, in turn, make subawards of Federal-aid highway funds to LPAs. These subrecipient LPAs are jointly responsible with the State DOTs for meeting Federal and State requirements. The LEAP pilot program, carried out pursuant to authority in 23 U.S.C. 502(b)(1)(B), 502(b)(5) and 23 U.S.C. 104(f)(3)(A), will rely upon a cooperative partnership among State DOTs, participating LPAs, and FHWA to fund and administer the program and to assess its impact on project delivery and on FHWA’s ability to carry out the additional responsibilities that the direct aid to the LPAs would require. The LPAs (primarily counties, cities, and towns) own and operate about 43 percent of the roughly 1.0 million miles of the Nation’s Federal-aid highways. These LPAs build and maintain this network using a variety of funding sources, including FAHP funding. An estimated 7,000 LPAs deliver about $7 billion annually in Federal-aid projects, or roughly 15 percent of the total Federal-aid program. As noted in the Background Section above, LPAs have requested direct accessibility to Federal funding. At the same time, some States are experiencing budgetary constraints that result in oversight challenges and project delivery delays associated with LPA administered projects. The LEAP pilot program will reduce State DOTs’ oversight responsibility of their LPAs for projects delivered under the LEAP pilot program. The pilot program will also test the impact of direct LPA funding on project delivery efficiency and effectiveness. FHWA believes this pilot program is in alignment with the findings of the draft report Beyond Traffic: Trends and E:\FR\FM\26OCN1.SGM 26OCN1 74492 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES Choices 2045. Beyond Traffic was released by the Department in February 2015. It examines the long-term and emerging trends affecting our Nation’s transportation system and the implications of those trends. It describes how demographic and economic trends, as well as changes in technology, governance, and our climate, will increase the importance of our metropolitan regions in making decisions that cross State, political, socioeconomic, and often transportation planning lines. By 2045, the population is anticipated to increase by 70 million people, with most of that growth occurring in metropolitan areas. Providing LPAs with direct funding is consistent with these trends. Application and Submission Information for the Leap Pilot Program Applications must include all of the information below. Incomplete applications will not be considered. The FHWA may ask any applicant to supplement data in its application, but expects the applications to be complete upon submission. The FHWA will expect finalist LPAs to provide additional information described in the participant selection section, if requested. Applications must include all of the following information for it to be considered for the LEAP pilot program: Title page: The title page must include the name, location, and population of the LPA, Federal program funding size, total program funding size (Federal plus other), and primary point of contact for the LEAP pilot program. Structure: The LPA must show its organizational structure and clearly articulate that it is adequately staffed and suitably equipped to administer the Federal-aid program and deliver Federal-aid projects in compliance with Federal requirements. Narrative: The narrative should include and address the following: (1) Describe and quantify how participation in the LEAP pilot program will accelerate project delivery and improve efficiency and accessibility to the benefits derived from the Federalaid highway program, generally and specifically, with regard to LPA program administration in the applicant’s State. The benefits discussion must address the anticipated overall program and project delivery cost and schedule savings. The LPAs should compare the anticipated savings between current and proposed delivery and oversight approaches utilizing innovations, streamlined processes and procedures, and technology. The LPAs should identify administrative impediments or VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 delays associated with the current project delivery and oversight process that would be modified or eliminated under the LEAP pilot program. (2) Describe and quantify how participation in the LEAP pilot program will provide added value to the LPA, FHWA, community, and project delivery (e.g., creates jobs and paves the way for business, particularly small and disadvantaged business enterprises; provides Americans with safe, reliable, and affordable connections to employment, education, healthcare, and other essential services; lifts up neighborhoods and regions by attracting new opportunities, jobs, and housing; ensures intellectual opportunity to improve the LPA staffing abilities and/ or strategic delivery capability; fosters effective and efficient stewardship and oversight as well as integrity of the FAHP funds; promotes sustainability; captures higher impact opportunities; and includes technological or collaborative processes and procedures). (3) Describe how the LPA will evaluate the effects of applicable Federal-aid project delivery requirements on the LPA’s project delivery capacity under the LEAP pilot program. In doing so, the LPA should consider comparing the costs and efficiency of project delivery as a subrecipient of the State DOT with delivery as a direct recipient under the LEAP pilot program. (4) Describe how the LPA currently administers State funded (State only and Federal-aid funds subawarded by the State) capital improvement projects and the level of State administration and oversight associated with these projects. Application Review and Selection This section outlines the process and factors that FHWA will use to evaluate and select applicants to participate in the LEAP pilot program. The FHWA will use a two-step process for the selection of LEAP pilot program participants. Step 1—Selection of Finalists The FHWA will provide an initial evaluation of applicants by reviewing the application information with particular consideration of the rating factors listed below. Rating Factors 1. Anticipated project delivery cost savings; 2. Anticipated project delivery time savings; 3. The added value of the proposed approaches to the LPA, FHWA, community, and project delivery (e.g., PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 creates jobs and paves the way for business, particularly small and disadvantaged business enterprises; provides Americans with safe, reliable, and affordable connections to employment, education, healthcare, and other essential services; lifts up neighborhoods and regions by attracting new opportunities, jobs, and housing; ensures intellectual opportunity to improve the LPA staffing abilities and/ or strategic delivery capability; fosters effective and efficient stewardship and oversight as well as integrity of the FAHP funds; promotes sustainability; captures higher impact opportunities; and includes technological or collaborative processes and procedures); and 4. The population affected by the projects included in the pilot. Step 2—Selection of Leap Pilot Program Participants FHWA intends to ask specific LPAs, based on the initial evaluation in Step 1 above, to provide the following supplemental information for further evaluation of their applications: (1) A certification verifying that: a. The applicant LPA has legal authority under State law to act independently or on behalf of the State to fulfill the State’s responsibilities under title 23 of the United States Code. b. The State has agreed or will agree to transfer to FHWA (i) formula funds and obligation authority in accordance with 23 U.S.C. 104(f)(3)(A) for purposes of the LEAP pilot program and (ii) a schedule of the annual amount of such funds and obligation authority to be transferred. c. The LPA and/or partnering State has agreed or will agree to a voluntary contribution from non-Federal funds (LPA, State, or other) in an amount equal to one percent (for the first year) of the funds transferred to FHWA. The FHWA will use these non-Federal funds to administer the pilot program and provide direct stewardship and oversight of the LPA’s delivery of Federal-aid projects that would have otherwise been provided by the State. The amount is to be deposited into a special account, as authorized by 23 U.S.C. 502(b)(5). The LPA must identify the source of the funds and certify that those funds can and will be used for this purpose. The LPA and/or State will need to acknowledge that FHWA may adjust this amount annually to ensure that adequate funds are allocated for the proper administration and associated experimental activities of the pilot program. (2) Input from the State DOT as to whether the applicant LPA: E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES a. Has an adequate project delivery system as required in 23 U.S.C. 106(g); and b. has in place the necessary financial management systems and processes to carry out government requirements outlined in 23 U.S.C. 106(g) and 2 CFR 200.302–303. (3) The auditor’s reports of the LPA’s last 5 years of Federal and/or State required audits, including those conducted in accordance with 2 CFR 200 Subpart F. (4) A description of the funding categories and annual amounts the State DOT agrees to transfer to FHWA under 23 U.S.C. 104(f)(3)(A) for purposes of the LEAP pilot program. (5) A description of the state of the LPA’s Federal-aid obligation and expenditure history over the last 5 years, with a particular emphasis on inactive obligations (see 23 CFR 630.106(a)(4)–(6)). If the LPA has a high rate of inactive obligations, the LPA should explain the circumstances associated with that high inactive obligation rate and quantify how the LEAP pilot program would increase the effectiveness and efficiency associated with use of Federal funds and project delivery. The FHWA will use the supplemental information above to assess the LPA’s likelihood of success, readiness, and capability to successfully deliver Federal-aid projects effectively, efficiently, and in compliance with Federal and State requirements. Based upon this evaluation, the FHWA will select up to five LPA applicants as LEAP pilot program participants, pending further verification as described below. Verification of Leap Pilot Program Participants Before FHWA can grant authority for direct administration of Federal Funds, LPAs selected as LEAP pilot program participants must fulfill key Federal-aid requirements as shown in Attachment A. As deemed necessary by FHWA, participating LPAs must verify their capability to comply with requirements applicable to State DOTs under 23 U.S.C. 302. In particular, eligible LPAs, including cities and counties that apply with a State DOT partner, must be adequately staffed and suitably equipped and have (or able to quickly integrate) requisite project delivery, financial, accounting, recordkeeping, and internal controls to carry out the FAHP as a direct recipient of FAHP funding. The LPAs must match direct aid in accordance with 23 U.S.C. 120 and other applicable cost sharing requirements. Finally, LPAs must VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 contribute funds at the beginning of each pilot year from non-Federal (State, local, or other) resources to cover FHWA’s administration, oversight, and other pilot costs. This amount will be equal to one percent of the LPA’s annual Federal-aid allotment and may be adjusted annually by FHWA as needed, based upon administrative costs. The verification required may include, but is not limited to, the following: • Evaluation of the LPA’s financial management and project delivery systems in accordance with 23 U.S.C. 106 (g)(2)(A) and (g)(3); • compliance assessment of the LPA’s financial controls and project delivery program in accordance with government-wide requirements in 2 CFR 200.302–303; and • review and assessment of critical core program areas. Based upon the verification above and the associated documentation, FHWA will confirm, or adjust as necessary, the selected LPAs as LEAP pilot program participants. The amount of direct aid funding, the formula fund categories, and obligation authority that a selected LPA will ultimately receive depends upon the cooperative relationship between the LPA and the State DOT. A State DOT and LPA that desire to participate in the LEAP pilot program should assess current annual and out-year program needs at the State and local levels. Collaboratively, they should develop a budget that addresses current and projected required budgetary resources to be made available by the State DOT to FHWA, and then in turn by FHWA to the LPA throughout the term of the pilot. This budget should be based upon the formula (apportioned) contract authority, program funding, and obligation authority the State DOT agrees to transfer. For any LPA that is selected for the pilot, the State DOT must submit a request to transfer formula program funding and obligation authority to FHWA in accordance with 23 U.S.C 104(f)(3)(A). After receipt and processing of the transfer request and the receipt of FHWA’s anticipated administrative expenses from nonFederal funds, FHWA will directly award the transferred funding and obligation authority to the participating LPA. Under the LEAP pilot program, the State DOT is not accountable for the funding transferred by the State to FHWA and directly awarded by FHWA to the LPA. Other Pertinent Requirements The FHWA will establish a special account under 23 U.S.C. 502(b)(5) to PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 74493 which a selected participating LPA (or State) will contribute from non-Federal resources an amount equal to one percent (for the first year) from the LPA’s Federal-aid allotment that a State transfers to FHWA. The FHWA will use these funds to administer the pilot and provide direct stewardship and oversight of LPAs that the LPA’s State DOT would have provided otherwise under the FAHP. The LPA agrees to deposit such amount on an annual basis within 30 days of acceptance into the LEAP pilot program and annually thereafter, no later than October 15 of each succeeding year. The FHWA may adjust this amount annually to ensure that adequate funds are allocated for the proper administration and associated experimental activities of the pilot program. When adjusted, FHWA will provide the LPAs and/or States with a 60-day advance notice. The FHWA will carry out the LEAP pilot program for a period of five years, unless FHWA elects to extend the program. Performance of Leap Pilot Program Participants An LPA selected to participate in the LEAP pilot program will assume responsibility under this section for compliance with all procedural and substantive requirements as would apply if that responsibility were carried out by the State DOT. These requirements include LEAP pilot program specific reporting, regular Federal-aid reporting, right-of-way acquisition, environmental compliance, engineering, civil rights, design and inspection, procurement, construction administration, financial administration, performance management, and all other applicable Federal requirements, unless FHWA determines that such assumption of responsibility for one or more of the procedural or substantive requirements is not appropriate. Each applicant selected for the LEAP pilot program must work with FHWA to develop and implement a plan to collect information and report on the LPA’s performance with respect to the relevant objectives outlined in the LEAP pilot program. Each recipient will enter into a Memorandum of Agreement (MOA) with FHWA and its respective State DOT. The MOA will have a term of no more than 5 years, with the option to extend if approved by FHWA. The MOA will also require the LPA to provide to FHWA any information that FHWA considers necessary to ensure that the LPA carries out the requirements of the LEAP pilot program, the Federal-aid Highway Program, and project related E:\FR\FM\26OCN1.SGM 26OCN1 74494 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices requirements. To ensure compliance with the LEAP pilot program by participating LPAs, FHWA will conduct audits, reviews, and/or assessments during the pilot program. Such audits will be in addition to any of FHWA’s other stewardship and oversight responsibilities relating to the LEAP pilot program, as well as any other projects and/or other activities carried out under the LEAP pilot program. The FHWA will assess the partnership developed under this pilot program in accordance with existing requirements. The FHWA may terminate the agreement and/or pilot program at any time or for any reason consistent with 2 CFR 200.339, including, but not limited to, inadequate LPA performance or inadequate FHWA resources to administer the LEAP pilot program. The participating LPA may also terminate the pilot program upon FHWA’s receipt of a 90-day notice from both the LPA and State DOT. Authority: 23 U.S.C. 502; Sec. 1420, Pub. L. 114–94, 129 Stat.1423; 49 CFR 1.85. Issued on: October 21, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016–25894 Filed 10–25–16; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2016–0033] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 18 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted September 29, 2016. The exemptions expire on September 29, 2018. asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On August 29, 2016, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (81 FR 59266). That notice listed 18 applicants’ case histories. The 18 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 18 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their limitation and demonstrated their ability to drive safely. The 18 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, prosthetic eye, cataract, complete loss of vision, congenital coloboma, macular scar, and retinal detachment. In most cases, their eye conditions were not recently developed. Fifteen of the applicants were either born with their vision impairments or have had them since childhood. The 3 individuals that sustained their vision conditions as adults have had them for a range of 9 to 27 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor’s opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors’ opinions are supported by the applicants’ possession of valid commercial driver’s licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or nonCDL, these 18 drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven CMVs with their limited vision in careers ranging for 3 to 40 years. In the past three years, 3 drivers were involved in crashes and no drivers were E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74490-74494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25894]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No: FHWA-2016-0030]


Local Empowerment for Accelerating Projects (LEAP) Pilot Program

AGENCY: Federal Highway Administration, U.S. Department of 
Transportation.

ACTION: Notice. Solicitation of interest and participation in Direct 
Aid Pilot Program.

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[[Page 74491]]

SUMMARY: The Federal Highway Administration (FHWA) is announcing a 
pilot program to permit, on an experimental basis, direct delivery of 
Federal-aid funding of up to five Local Public Agencies (LPAs). These 
LPAs will be subject to Federal oversight, and the State DOT will be 
relieved of direct oversight and accountability for projects funded 
under the LEAP pilot program. The pilot program will be carried out for 
a period of 5 years (unless extended). It will be implemented in 
accordance with FHWA's experimental authority provided by the project 
flexibility authority granted under section 1420 of the Fixing 
America's Surface Transportation Act.

DATES: Applications must be received by November 25, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
applications.
     Electronic mail: LEAPFRN@Sharepointmail.dot.gov.
     Mail: U.S. Department of Transportation, Dockets 
Management Facility, Room W12-140, 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE., between 9 a.m. and 5p.m., Monday through 
Friday, except Federal holidays. The telephone number is (202) 366-
9329.
    All applications must include the docket number DOT-FHWA-2016-0030 
at the beginning of the submission.

FOR FURTHER INFORMATION CONTACT: Mr. Robert (Bob) Wright, Local Public 
Agencies Program Manager, 1200 New Jersey Avenue SE., Washington, DC 
20590, 202-366-4630, Robert.Wright@dot.gov., or Mr. Steve Rochlis, 
Office of Chief Counsel, 202-366-1395, Steve.Rochlis@dot.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    A copy of this notice and the related Attachment A: Sequencing of 
Certain Key Direct Recipient Requirements is available for download and 
public inspection under the docket number noted above at the Federal 
eRulemaking portal at: http://www.regulations.gov. The Web site is 
available 24 hours each day, 365 days each year. Electronic retrieval 
help and guidelines are available under the help section of the Web 
site.
    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's home page at: https://www.federalregister.gov/ and the Government Publishing Office's Web 
page at: https://www.gpo.gov/fdsys/.

Background

    The Federal-aid highway program is a federally funded, State-
administered program, under which State DOTs are responsible for 
determining which projects are federally funded, including highway 
projects within the boundaries of the LPAs.
    The American Public Works Association (APWA), National Association 
of County Engineers (NACE), and other local entities have advocated for 
improvements to the Federal-aid Highway Program delivery to LPAs. The 
FHWA is aware of concerns expressed by LPAs related to cost and time 
delays in delivery of projects, inadequate communication and 
collaboration among transportation partners, accessibility to Federal 
funding, and the need for improved statewide consistency in project 
administration and oversight, including the need for clarity and 
consistency as to direction and interpretation.
    The FHWA has long supported innovative approaches to project 
delivery and is constantly searching for new and better ways to 
oversee, accelerate, and reduce the cost of the delivery of highway 
projects. FHWA's goals in launching the LEAP pilot program are twofold. 
The first is to evaluate the impact of direct Federal-aid funding on 
the effectiveness, efficiency, and expediency of projects delivered by 
LPAs utilizing innovative approaches to project delivery. The second is 
to assess the cost and benefit of direct Federal-aid funding of LPAs as 
well as FHWA's ability, administrative costs, and resources needed to 
oversee an expanded base of direct aid recipients by using various 
approaches to oversight.

Objective of the Leap Pilot Program

    The objectives of the LEAP pilot program are as follows:
    1. To determine whether qualified LPAs can deliver Federal-aid 
highway projects more expeditiously and at a lower cost via innovative 
approaches to project delivery when the LPA is a direct Federal-aid 
recipient and employs its own project delivery processes, in compliance 
with Federal and State requirements.
    2. To assess the additional costs and other impacts to FHWA 
associated with providing effective and efficient stewardship and 
oversight to an expanded number of direct Federal-aid recipients, and 
to explore various approaches to stewardship and oversight.

Leap Pilot Program Description

    The Federal-aid highway program (FAHP), under which the LEAP pilot 
program is being administered, is a Federally-assisted, State 
administered program. The FAHP supports States and localities by 
providing financial assistance for the design, construction, preventive 
maintenance, and other Federal eligible costs associated with about 25 
percent of the 3.9 million mile highway network of the United States, 
including the Interstate Highway System and the National Highway 
System, as well as primary highways and other major collector roads. 
Federal funds and obligation authority are distributed to the State 
DOTs, which act on behalf of the States in accordance with 23 U.S.C. 
145, 302, and 23 CFR 1.3. State DOTs, in turn, make subawards of 
Federal-aid highway funds to LPAs. These subrecipient LPAs are jointly 
responsible with the State DOTs for meeting Federal and State 
requirements. The LEAP pilot program, carried out pursuant to authority 
in 23 U.S.C. 502(b)(1)(B), 502(b)(5) and 23 U.S.C. 104(f)(3)(A), will 
rely upon a cooperative partnership among State DOTs, participating 
LPAs, and FHWA to fund and administer the program and to assess its 
impact on project delivery and on FHWA's ability to carry out the 
additional responsibilities that the direct aid to the LPAs would 
require.
    The LPAs (primarily counties, cities, and towns) own and operate 
about 43 percent of the roughly 1.0 million miles of the Nation's 
Federal-aid highways. These LPAs build and maintain this network using 
a variety of funding sources, including FAHP funding. An estimated 
7,000 LPAs deliver about $7 billion annually in Federal-aid projects, 
or roughly 15 percent of the total Federal-aid program. As noted in the 
Background Section above, LPAs have requested direct accessibility to 
Federal funding. At the same time, some States are experiencing 
budgetary constraints that result in oversight challenges and project 
delivery delays associated with LPA administered projects. The LEAP 
pilot program will reduce State DOTs' oversight responsibility of their 
LPAs for projects delivered under the LEAP pilot program. The pilot 
program will also test the impact of direct LPA funding on project 
delivery efficiency and effectiveness.
    FHWA believes this pilot program is in alignment with the findings 
of the draft report Beyond Traffic: Trends and

[[Page 74492]]

Choices 2045. Beyond Traffic was released by the Department in February 
2015. It examines the long-term and emerging trends affecting our 
Nation's transportation system and the implications of those trends. It 
describes how demographic and economic trends, as well as changes in 
technology, governance, and our climate, will increase the importance 
of our metropolitan regions in making decisions that cross State, 
political, socioeconomic, and often transportation planning lines. By 
2045, the population is anticipated to increase by 70 million people, 
with most of that growth occurring in metropolitan areas. Providing 
LPAs with direct funding is consistent with these trends.

Application and Submission Information for the Leap Pilot Program

    Applications must include all of the information below. Incomplete 
applications will not be considered. The FHWA may ask any applicant to 
supplement data in its application, but expects the applications to be 
complete upon submission. The FHWA will expect finalist LPAs to provide 
additional information described in the participant selection section, 
if requested.
    Applications must include all of the following information for it 
to be considered for the LEAP pilot program:
    Title page: The title page must include the name, location, and 
population of the LPA, Federal program funding size, total program 
funding size (Federal plus other), and primary point of contact for the 
LEAP pilot program.
    Structure: The LPA must show its organizational structure and 
clearly articulate that it is adequately staffed and suitably equipped 
to administer the Federal-aid program and deliver Federal-aid projects 
in compliance with Federal requirements.
    Narrative: The narrative should include and address the following:
    (1) Describe and quantify how participation in the LEAP pilot 
program will accelerate project delivery and improve efficiency and 
accessibility to the benefits derived from the Federal-aid highway 
program, generally and specifically, with regard to LPA program 
administration in the applicant's State. The benefits discussion must 
address the anticipated overall program and project delivery cost and 
schedule savings. The LPAs should compare the anticipated savings 
between current and proposed delivery and oversight approaches 
utilizing innovations, streamlined processes and procedures, and 
technology. The LPAs should identify administrative impediments or 
delays associated with the current project delivery and oversight 
process that would be modified or eliminated under the LEAP pilot 
program.
    (2) Describe and quantify how participation in the LEAP pilot 
program will provide added value to the LPA, FHWA, community, and 
project delivery (e.g., creates jobs and paves the way for business, 
particularly small and disadvantaged business enterprises; provides 
Americans with safe, reliable, and affordable connections to 
employment, education, healthcare, and other essential services; lifts 
up neighborhoods and regions by attracting new opportunities, jobs, and 
housing; ensures intellectual opportunity to improve the LPA staffing 
abilities and/or strategic delivery capability; fosters effective and 
efficient stewardship and oversight as well as integrity of the FAHP 
funds; promotes sustainability; captures higher impact opportunities; 
and includes technological or collaborative processes and procedures).
    (3) Describe how the LPA will evaluate the effects of applicable 
Federal-aid project delivery requirements on the LPA's project delivery 
capacity under the LEAP pilot program. In doing so, the LPA should 
consider comparing the costs and efficiency of project delivery as a 
subrecipient of the State DOT with delivery as a direct recipient under 
the LEAP pilot program.
    (4) Describe how the LPA currently administers State funded (State 
only and Federal-aid funds subawarded by the State) capital improvement 
projects and the level of State administration and oversight associated 
with these projects.

Application Review and Selection

    This section outlines the process and factors that FHWA will use to 
evaluate and select applicants to participate in the LEAP pilot 
program. The FHWA will use a two-step process for the selection of LEAP 
pilot program participants.

Step 1--Selection of Finalists

    The FHWA will provide an initial evaluation of applicants by 
reviewing the application information with particular consideration of 
the rating factors listed below.

Rating Factors

    1. Anticipated project delivery cost savings;
    2. Anticipated project delivery time savings;
    3. The added value of the proposed approaches to the LPA, FHWA, 
community, and project delivery (e.g., creates jobs and paves the way 
for business, particularly small and disadvantaged business 
enterprises; provides Americans with safe, reliable, and affordable 
connections to employment, education, healthcare, and other essential 
services; lifts up neighborhoods and regions by attracting new 
opportunities, jobs, and housing; ensures intellectual opportunity to 
improve the LPA staffing abilities and/or strategic delivery 
capability; fosters effective and efficient stewardship and oversight 
as well as integrity of the FAHP funds; promotes sustainability; 
captures higher impact opportunities; and includes technological or 
collaborative processes and procedures); and
    4. The population affected by the projects included in the pilot.

Step 2--Selection of Leap Pilot Program Participants

    FHWA intends to ask specific LPAs, based on the initial evaluation 
in Step 1 above, to provide the following supplemental information for 
further evaluation of their applications:
    (1) A certification verifying that:
    a. The applicant LPA has legal authority under State law to act 
independently or on behalf of the State to fulfill the State's 
responsibilities under title 23 of the United States Code.
    b. The State has agreed or will agree to transfer to FHWA (i) 
formula funds and obligation authority in accordance with 23 U.S.C. 
104(f)(3)(A) for purposes of the LEAP pilot program and (ii) a schedule 
of the annual amount of such funds and obligation authority to be 
transferred.
    c. The LPA and/or partnering State has agreed or will agree to a 
voluntary contribution from non-Federal funds (LPA, State, or other) in 
an amount equal to one percent (for the first year) of the funds 
transferred to FHWA. The FHWA will use these non-Federal funds to 
administer the pilot program and provide direct stewardship and 
oversight of the LPA's delivery of Federal-aid projects that would have 
otherwise been provided by the State. The amount is to be deposited 
into a special account, as authorized by 23 U.S.C. 502(b)(5). The LPA 
must identify the source of the funds and certify that those funds can 
and will be used for this purpose. The LPA and/or State will need to 
acknowledge that FHWA may adjust this amount annually to ensure that 
adequate funds are allocated for the proper administration and 
associated experimental activities of the pilot program.
    (2) Input from the State DOT as to whether the applicant LPA:

[[Page 74493]]

    a. Has an adequate project delivery system as required in 23 U.S.C. 
106(g); and
    b. has in place the necessary financial management systems and 
processes to carry out government requirements outlined in 23 U.S.C. 
106(g) and 2 CFR 200.302-303.
    (3) The auditor's reports of the LPA's last 5 years of Federal and/
or State required audits, including those conducted in accordance with 
2 CFR 200 Subpart F.
    (4) A description of the funding categories and annual amounts the 
State DOT agrees to transfer to FHWA under 23 U.S.C. 104(f)(3)(A) for 
purposes of the LEAP pilot program.
    (5) A description of the state of the LPA's Federal-aid obligation 
and expenditure history over the last 5 years, with a particular 
emphasis on inactive obligations (see 23 CFR 630.106(a)(4)-(6)). If the 
LPA has a high rate of inactive obligations, the LPA should explain the 
circumstances associated with that high inactive obligation rate and 
quantify how the LEAP pilot program would increase the effectiveness 
and efficiency associated with use of Federal funds and project 
delivery.
    The FHWA will use the supplemental information above to assess the 
LPA's likelihood of success, readiness, and capability to successfully 
deliver Federal-aid projects effectively, efficiently, and in 
compliance with Federal and State requirements. Based upon this 
evaluation, the FHWA will select up to five LPA applicants as LEAP 
pilot program participants, pending further verification as described 
below.

Verification of Leap Pilot Program Participants

    Before FHWA can grant authority for direct administration of 
Federal Funds, LPAs selected as LEAP pilot program participants must 
fulfill key Federal-aid requirements as shown in Attachment A. As 
deemed necessary by FHWA, participating LPAs must verify their 
capability to comply with requirements applicable to State DOTs under 
23 U.S.C. 302. In particular, eligible LPAs, including cities and 
counties that apply with a State DOT partner, must be adequately 
staffed and suitably equipped and have (or able to quickly integrate) 
requisite project delivery, financial, accounting, recordkeeping, and 
internal controls to carry out the FAHP as a direct recipient of FAHP 
funding. The LPAs must match direct aid in accordance with 23 U.S.C. 
120 and other applicable cost sharing requirements. Finally, LPAs must 
contribute funds at the beginning of each pilot year from non-Federal 
(State, local, or other) resources to cover FHWA's administration, 
oversight, and other pilot costs. This amount will be equal to one 
percent of the LPA's annual Federal-aid allotment and may be adjusted 
annually by FHWA as needed, based upon administrative costs.
    The verification required may include, but is not limited to, the 
following:
     Evaluation of the LPA's financial management and project 
delivery systems in accordance with 23 U.S.C. 106 (g)(2)(A) and (g)(3);
     compliance assessment of the LPA's financial controls and 
project delivery program in accordance with government-wide 
requirements in 2 CFR 200.302-303; and
     review and assessment of critical core program areas.
    Based upon the verification above and the associated documentation, 
FHWA will confirm, or adjust as necessary, the selected LPAs as LEAP 
pilot program participants.
    The amount of direct aid funding, the formula fund categories, and 
obligation authority that a selected LPA will ultimately receive 
depends upon the cooperative relationship between the LPA and the State 
DOT. A State DOT and LPA that desire to participate in the LEAP pilot 
program should assess current annual and out-year program needs at the 
State and local levels. Collaboratively, they should develop a budget 
that addresses current and projected required budgetary resources to be 
made available by the State DOT to FHWA, and then in turn by FHWA to 
the LPA throughout the term of the pilot. This budget should be based 
upon the formula (apportioned) contract authority, program funding, and 
obligation authority the State DOT agrees to transfer. For any LPA that 
is selected for the pilot, the State DOT must submit a request to 
transfer formula program funding and obligation authority to FHWA in 
accordance with 23 U.S.C 104(f)(3)(A). After receipt and processing of 
the transfer request and the receipt of FHWA's anticipated 
administrative expenses from non-Federal funds, FHWA will directly 
award the transferred funding and obligation authority to the 
participating LPA. Under the LEAP pilot program, the State DOT is not 
accountable for the funding transferred by the State to FHWA and 
directly awarded by FHWA to the LPA.

Other Pertinent Requirements

    The FHWA will establish a special account under 23 U.S.C. 502(b)(5) 
to which a selected participating LPA (or State) will contribute from 
non-Federal resources an amount equal to one percent (for the first 
year) from the LPA's Federal-aid allotment that a State transfers to 
FHWA. The FHWA will use these funds to administer the pilot and provide 
direct stewardship and oversight of LPAs that the LPA's State DOT would 
have provided otherwise under the FAHP. The LPA agrees to deposit such 
amount on an annual basis within 30 days of acceptance into the LEAP 
pilot program and annually thereafter, no later than October 15 of each 
succeeding year. The FHWA may adjust this amount annually to ensure 
that adequate funds are allocated for the proper administration and 
associated experimental activities of the pilot program. When adjusted, 
FHWA will provide the LPAs and/or States with a 60-day advance notice.
    The FHWA will carry out the LEAP pilot program for a period of five 
years, unless FHWA elects to extend the program.

Performance of Leap Pilot Program Participants

    An LPA selected to participate in the LEAP pilot program will 
assume responsibility under this section for compliance with all 
procedural and substantive requirements as would apply if that 
responsibility were carried out by the State DOT. These requirements 
include LEAP pilot program specific reporting, regular Federal-aid 
reporting, right-of-way acquisition, environmental compliance, 
engineering, civil rights, design and inspection, procurement, 
construction administration, financial administration, performance 
management, and all other applicable Federal requirements, unless FHWA 
determines that such assumption of responsibility for one or more of 
the procedural or substantive requirements is not appropriate. Each 
applicant selected for the LEAP pilot program must work with FHWA to 
develop and implement a plan to collect information and report on the 
LPA's performance with respect to the relevant objectives outlined in 
the LEAP pilot program.
    Each recipient will enter into a Memorandum of Agreement (MOA) with 
FHWA and its respective State DOT. The MOA will have a term of no more 
than 5 years, with the option to extend if approved by FHWA. The MOA 
will also require the LPA to provide to FHWA any information that FHWA 
considers necessary to ensure that the LPA carries out the requirements 
of the LEAP pilot program, the Federal-aid Highway Program, and project 
related

[[Page 74494]]

requirements. To ensure compliance with the LEAP pilot program by 
participating LPAs, FHWA will conduct audits, reviews, and/or 
assessments during the pilot program. Such audits will be in addition 
to any of FHWA's other stewardship and oversight responsibilities 
relating to the LEAP pilot program, as well as any other projects and/
or other activities carried out under the LEAP pilot program.
    The FHWA will assess the partnership developed under this pilot 
program in accordance with existing requirements. The FHWA may 
terminate the agreement and/or pilot program at any time or for any 
reason consistent with 2 CFR 200.339, including, but not limited to, 
inadequate LPA performance or inadequate FHWA resources to administer 
the LEAP pilot program. The participating LPA may also terminate the 
pilot program upon FHWA's receipt of a 90-day notice from both the LPA 
and State DOT.

    Authority:  23 U.S.C. 502; Sec. 1420, Pub. L. 114-94, 129 
Stat.1423; 49 CFR 1.85.

    Issued on: October 21, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-25894 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-22-P