Special Experimental Project (SEP-16) To Evaluate Proposals for Delegation of FHWA Responsibilities to States, 38011-38013 [2020-13564]
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0717.
Title: National Air Tours Safety
Standards.
Form Numbers: None.
Type of Review: Renewal of an
information collection.
Background: FAA regulations set
safety and oversight rules for a broad
variety of sightseeing and commercial
air tour flights to improve the overall
safety of commercial air tours by
requiring all air tour operators to submit
information. The FAA uses the
information it collects and reviews to
ensure compliance and adherence to
regulations and, if necessary, take
enforcement action on violators of the
regulations.
Respondents: Approximately 13,751
respondents.
Frequency: Information is collected
on occasion.
Estimated Average Burden per
Response: Burden varies per
respondent.
Estimated Total Annual Burden:
5,182 hours.
Issued in Washington, DC, on June 19,
2020.
Sandra L. Ray,
Aviation Safety Inspector, FAA, Policy
Integration Branch, AFS–270.
Federal Highway Administration
Special Experimental Project (SEP–16)
To Evaluate Proposals for Delegation
of FHWA Responsibilities to States
Federal Aviation Administration
The US Department of Transportation
is committed to providing equal access
to this meeting for all participants. If
you need alternative formats or services
because of a disability, such as sign
language, interpretation, or other
ancillary aids, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
There will be 45 minutes allotted for
oral comments from members of the
public joining the meeting. To
accommodate as many speakers as
possible, the time for each commenter
may be limited. Individuals wishing to
reserve speaking time during the
meeting must submit a request at the
time of registration, as well as the name,
address, and organizational affiliation of
the proposed speaker. If the number of
registrants requesting to make
statements is greater than can be
reasonably accommodated during the
meeting, the FAA may conduct a lottery
to determine the speakers. Speakers are
requested to submit a written copy of
their prepared remarks for inclusion in
Federal Aviation
Administration, Department of
Transportation.
ACTION: Notice of public meeting.
AGENCY:
This notice announces a
meeting of the Research, Engineering,
and Development Advisory Committee
(REDAC).
DATES: The meeting will be held on July
9, 2020, from 9:00 a.m.–4:00 p.m. EDT.
Requests for accommodations to a
disability must be received by June 25,
2020. Individuals requesting to speak
during the meeting must submit a
written copy of their remarks to DOT by
June 25, 2020. Requests to submit
written materials to be reviewed during
the meeting must be received no later
than June 25, 2020.
SUMMARY:
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BILLING CODE 4910–9X–P
The Research, Engineering, and
Development Advisory Committee was
created under the Federal Advisory
Committee Act (FACA), in accordance
with Public Law 100–591 (1988) and
Public Law 101–508 (1990) to provide
advice and recommendations to the
FAA Administrator in support of the
Agency’s Research and Development
(R&D) portfolio.
III. Public Participation
Research, Engineering, and
Development Advisory Committee
(REDAC); Notice of Public Meeting
[FR Doc. 2020–13556 Filed 6–23–20; 8:45 am]
I. Background
DEPARTMENT OF TRANSPORTATION
[DOT–OST–2019–XXXX]
Issued in Washington, DC, this 17 day of
June 2020.
Chinita Roundtree-Coleman,
REDAC PM/Lead, Federal Aviation
Administration.
DEPARTMENT OF TRANSPORTATION
At the meeting, the agenda will cover
the following topics:
• FAA Research and Development
Plan.
• Emergence of new entrant vehicles
and operations into the National
Airspace System.
BILLING CODE 4910–13–P
the meeting records and for circulation
to REDAC members before the deadline
listed in the DATES section. All prepared
remarks submitted on time will be
accepted and considered as part of the
meeting’s record. Any member of the
public may present a written statement
to the committee at any time.
SUPPLEMENTARY INFORMATION:
II. Agenda
[FR Doc. 2020–13606 Filed 6–23–20; 8:45 am]
jbell on DSKJLSW7X2PROD with NOTICES
The meeting will be held
virtually. Virtual attendance
information will be provided upon
registration. A detailed agenda will be
available on the REDAC internet website
at https://www.faa.gov/go/redac at least
one week before the meeting, along with
copies of the meeting minutes after the
meeting.
FOR FURTHER INFORMATION CONTACT:
Chinita Roundtree-Coleman, REDAC
PM/Lead, FAA/U.S. Department of
Transportation, at chinita.roundtreecoleman@faa.gov or (609) 485–7149.
Any committee related request should
be sent to the person listed in this
section.
ADDRESSES:
38011
PO 00000
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Sfmt 4703
Federal Highway
Administration (FHWA), U.S
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
The FHWA is expanding the
Special Experimental Project (SEP–16),
originally announced in a Federal
Register notice published on September
20, 2018. The SEP–16 permits testing
and evaluation of delegations to States
of FHWA program-level actions. The
FHWA is expanding SEP–16 to allow
experimentation with delegation of
FHWA responsibilities related to project
delivery. This new SEP–16 scope
includes potential experimentation with
responsibilities not previously
considered subject to assumption under
Stewardship and Oversight Agreements
between FHWA and State departments
of transportation (State DOT).
DATES: This expanded SEP–16 Project is
effective on June 24, 2020.
FOR FURTHER INFORMATION CONTACT: For
technical information: Peter Stephanos,
Office of Stewardship, Oversight, and
Management, (202) 366–0027; for legal
information: Janet Myers, Office of the
Chief Counsel (HCC), (202) 366–2019,
1200 New Jersey Avenue SE,
Washington, DC 20590. Office hours are
from 8:00 a.m. to 4:30 p.m., ET, Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
An electronic copy of this notice may
be downloaded from the Federal
Register’s home page at: https://
www.archives.gov; the Government
Publishing Office’s database at: https://
www.gpo.gov/fdyss/; or the specific
docket page at: www.regulations.gov.
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38012
Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
Background
For information on the background
and legal authority for SEP–16 pursuant
to 23 U.S.C. 502(b), please refer to the
Federal Register notice announcing
SEP–16, published on September 20,
2018 (83 FR 47674) (SEP–16 notice).
After announcing SEP–16, FHWA
received expressions of interest from
States wishing to experiment with types
of delegation not expressly included
within the scope of the SEP–16 notice.
Several of the requests related to actions
that, to date, FHWA has not treated as
subject to assumption under 23 U.S.C.
106(c) or other authorities.
After consideration, FHWA
concluded that expanding SEP–16 into
a general authority for experimentation
with delegation to States of FHWA
program/project authorities could
provide useful information for future
determinations about administration of
the Federal-aid Highway Program
(FAHP). This supplemental notice
expands SEP–16 to allow
experimentation with delegations of
authority for FAHP program/project
actions where FHWA determines such
experimentation is appropriate.
The scope of permissible
experimentation is subject to the
conditions described in the SEP–16
notice (83 FR 47675) except as modified
in this notice. This expanded authority
may be used to experiment with project
development, construction, and postconstruction actions relating to a
specific project, group of projects, or a
program. The SEP–16 experimental
authority continues to exclude from
testing and evaluation the Federal
decisions relating to eligibility,
obligation, reimbursement,
authorization, and compliance. In
addition, SEP–16 experimental
authority will not be available to test
delegations relating to the
environmental review process, as there
are statutes and regulations that
expressly address assignment of
FHWA’s environmental responsibilities
(see, e.g., 23 U.S.C. 327).
This expansion of SEP–16 will allow
FHWA to understand more fully the
potential implications of delegating
FAHP decisions not previously subject
to assumption or delegation under 23
U.S.C. 106(c) and other authorities. The
lessons learned from SEP–16 will aid
FHWA in developing comprehensive
policies and inform stakeholders if the
delegation of FHWA authorities is
appropriate.
To facilitate public access to SEP–16
information, all SEP–16 proposals,
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18:20 Jun 23, 2020
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workplans, and reports will be posted
on a public facing website.1
Solicitation of Letters of Interest
This notice announces the expanded
SEP–16 and requests Letters of Interest
for experimentation with FHWA actions
relating to program/project delivery.
Entities eligible to submit letters
(‘‘Applicants’’) are State DOTs as
defined in 23 U.S.C. 101. Letters of
Interest, which should be submitted to
the appropriate FHWA Division Office,
initiate the application process
described below. The Letter of Interest
should include a high-level description
of the Applicant’s proposal, reasons for
wanting to assume the authority, and
the anticipated resulting improvements
to program/project delivery. Ideally, the
Applicant will quantify the resulting
improvements in terms of time and/or
cost savings. The Applicant should
include enough detail to allow FHWA to
determine how the proposal deviates
from current law (including regulations)
and practice, and how the actions
covered by the proposal are addressed
in current policy. The Letter of Interest
should reference the specific legal
authority(ies) under Title 23 being
requested for delegation. Further, the
Applicant should provide specific
examples that demonstrate experience
with delegation in the affected area(s),
or in areas the Applicant deems similar
in nature, if applicable. The Applicant
should describe the level of
collaboration conducted so far with
relevant FHWA Division or program
offices about the proposal.
Application Process
The FHWA is retaining the
application process announced in the
SEP–16 notice which is repeated here
for reference. The application process is
three-tiered, with each step developing
more specifics of the proposed
assumption(s) for FHWA consideration
and feedback. The FHWA will evaluate
each step to determine whether a
proposal falls within the scope of
section 502(b) and is appropriate for this
experimental process before inviting
and working with an Applicant to
proceed to the next step for more
detailed proposal development.
The first step in the application
process is the Letter of Interest
described above. The FHWA will
acknowledge receipt of the Letter of
Interest and provide an anticipated
timeframe for initially evaluating the
proposal and providing a formal
response. After review of the proposal,
1 https://www.fhwa.dot.gov/innovativeprograms/
sep-16/.
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Frm 00193
Fmt 4703
Sfmt 4703
FHWA will provide a formal response
that will either request the Applicant to
proceed with submitting a Concept
Paper, or provide FHWA’s explanation
for not advancing the proposal.
If a Concept Paper is requested, the
Applicant should submit to the
appropriate FHWA Division Office a
narrative further detailing the
Applicant’s proposal. This Concept
Paper should not exceed 5 pages and be
formatted single-spaced, using a
standard 12-point font with 1-inch
margins. Charts, tables, and other items
may also be submitted as attachments to
supplement the narrative and do not
count toward the 5-page limit. The
Concept Paper should demonstrate that
the State has the necessary laws,
regulations, controls, and resources in
place to assume the Federal role for the
responsibilities requested. If applicable,
the Applicant may use experience with
assumption of authorities under 23
U.S.C. 106(c) and other authorities to
demonstrate readiness to assume the
requested responsibilities. If any
necessary piece is missing, the
Applicant should outline a plan and
timeline anticipated to put pieces in
place. In addition, the Concept Paper
should detail supporting analysis for the
anticipated program/project delivery
improvements and consider a risk
assessment of the expected impact the
assumption of authority may have on
the State’s program—specifically on
resources, processes, and stakeholders—
and include measures the State would
use to ensure the responsibilities are
carried out in accordance with Federal
requirements. The Concept Paper
should also summarize any preparation
the Applicant may need to make if the
experiment is approved and the time
necessary for that preparation (e.g.,
provide training for staff, make needed
changes to procedures, organization
charts). The FHWA will evaluate the
Concept Paper, and either request the
Applicant to proceed to the Detailed
Proposal stage, or provide an
explanation for not advancing the
request.
Since the requirements for the
Detailed Proposal will vary depending
on the complexity of the proposed
delegation and the results of FHWA’s
evaluation of the Concept Paper, the
appropriate FHWA Division will
coordinate with the Applicant in
preparing the Detailed Proposal. At a
minimum, the Applicant’s Detailed
Proposal should: (1) Propose a duration
for conducting the experiment,
including a timeline for any transition
activities; (2) identify key personnel and
contacts with proposed roles and
responsibilities; and (3) recommend an
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices
Evaluation Plan with reporting
mechanisms, performance measures,
goals, and other evaluation criteria, and
frequency of reviews. To provide
consistency among the SEP–16
experiments, FHWA will provide the
Applicant certain performance measures
and evaluation criteria common to all
SEP–16 Evaluation Plans.
Should FHWA decide to proceed with
the experiment, FHWA and the
Applicant will enter into a
memorandum of understanding and
develop a workplan for the experiment.
Conclusion
The FHWA is committed to
continuing its transition to a risk-based
approach to stewardship and oversight
of the FAHP. To this end, SEP–16 is
designed to provide FHWA with a better
understanding of the implications of
allowing States to assume program/
project authorities currently exercised
by FHWA. This notice supplements the
SEP–16 notice published on September
20, 2018, by expanding SEP–16 to allow
experimentation with delegation of
FHWA authorities relating to program
and project delivery, and amending the
application process to reflect this
expansion.
(Authority: 23 U.S.C. 315 and 502).
Nicole R. Nason,
Administrator, Federal Highway
Administration.
[FR Doc. 2020–13564 Filed 6–23–20; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
This notice provides
information regarding FHWA’s finding
that a Buy America waiver is
appropriate for procurement of a mobile
harbor crane constructed with foreign
iron and steel components for the
International Marine Terminal (IMT) at
the Port of Portland in the State of
Maine.
SUMMARY:
The applicable date of the waiver
is June 25, 2020.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, or via email at
Gerald.Yakowenko@dot.gov. For legal
jbell on DSKJLSW7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
18:20 Jun 23, 2020
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questions, please contact Mr. Patrick
Smith, FHWA Office of the Chief
Counsel, (202) 366–1345, or via email at
Patrick.C.Smith@dot.gov. Office hours
for FHWA are from 8:00 a.m. to 4:30
p.m., E.S.T., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
Publishing Office’s database at: https://
www.access.gpo.gov/nara.
Background
The FHWA’s Buy America regulation
in 23 CFR 635.410 requires a domestic
manufacturing process for any steel or
iron products (including protective
coatings) that are permanently
incorporated in a Federal-aid
construction project. The regulation also
provides for a waiver of the Buy
America requirements when the
application would be inconsistent with
the public interest or when satisfactory
quality domestic steel and iron products
are not produced in the United States in
sufficient and reasonably available
quantities. This notice provides
information regarding FHWA’s finding
that a Buy America waiver is
appropriate for use of non-domestic iron
and steel components associated with a
mobile harbor crane for the IMT at the
Port of Portland in the State of Maine.
The mobile harbor crane is not available
to be produced using 100 percent
domestic steel or iron.
Maine Intermodal Port Productivity
Project: On July 1, 2016, DOT selected
the Maine Department of Transportation
(MaineDOT) to receive a grant of funds
for the Maine Intermodal Port
Productivity Project (Project) at the Port
of Portland under the FASTLANE
discretionary grant program. On
February 6, 2017, FHWA executed a
term sheet with MaineDOT, formalizing
the scope, schedule, and budget of the
award. Improvements under the Project
included: (i) Removing the existing
maintenance facility and infill of the
wharf; (ii) installing a new mobile
harbor crane and other cargo handling
equipment; (iii) constructing a highway
and rail crossing upgrade; and (iv)
building a new terminal operations and
maintenance center. The projected cost
of the new mobile harbor crane was $4.5
million, with $2.25 million from the
FASTLANE Program, $1.3 million from
the Congestion Mitigation and Air
Quality Improvement Program, and
$950,000 from a State bond. The U.S.
Maritime Administration (MARAD) was
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Frm 00194
Fmt 4703
Sfmt 4703
38013
designated as the DOT Operating
Administration responsible for
overseeing the Project, but FHWA also
retained certain responsibilities related
to the project agreement(s), overseeing
the reimbursement process, and final
close-out.
MaineDOT and MARAD determined
that the improvements under the Project
each had independent utility or
independent significance. Thus, each
improvement proceeded under a
different development timeline and
separate Categorical Exclusion (CE)
under the National Environmental
Policy Act, including a separate CE for
the mobile harbor crane.
In early 2017, MaineDOT determined
that mobile harbor cranes meeting its
needs for the Project were not produced
in the United States. Based on this
determination, it submitted a Buy
America waiver request to FHWA for
the mobile harbor crane on March 8,
2017. Outside the scope of the
FASTLANE grant, MaineDOT
purchased a new mobile harbor crane
for the IMT at the Port of Portland in
2018 using State funds only. However,
MaineDOT continues to need the mobile
harbor crane under the FASTLANE
grant to replace the older of the two
cranes it now has at the IMT at the Port
of Portland.
As of the date of this notice, the
Project improvements are complete
except for purchasing the mobile harbor
crane. Without a Buy America waiver,
MaineDOT cannot proceed with
purchasing a crane using FASTLANE
grant funds because the only known
manufacturer for this type of crane is in
Germany.
Mobile Harbor Crane Needed by
Maine DOT: MaineDOT continues to
need one mobile harbor crane, which is
suited for port operations in a marine
environment for use in container or
spreader loading and unloading
operations. The crane must be mobile
and equipped with rubber tires, feature
level luffing, and include an enclosed
cabin and staircase. The crane must be
capable of simultaneous and
independent operations of slewing,
main hoist, and boom hoist motions
under full load and speed. The crane
must have the capability to lift
containers of 41 metric tons (90,000 lbs.)
while at a 101 foot (31 meter) working
radius when operating within the
limited outrigger footprint. The crane
Load Moment Indicator must also have
a pre-programmed mode to take this
limited footprint into consideration.
Specially designed outrigger pads will
also need to be included to
accommodate the structural limitations
of the pier. The crane will need to have
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]]>Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 38011-38013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13564]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Special Experimental Project (SEP-16) To Evaluate Proposals for
Delegation of FHWA Responsibilities to States
AGENCY: Federal Highway Administration (FHWA), U.S Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FHWA is expanding the Special Experimental Project (SEP-
16), originally announced in a Federal Register notice published on
September 20, 2018. The SEP-16 permits testing and evaluation of
delegations to States of FHWA program-level actions. The FHWA is
expanding SEP-16 to allow experimentation with delegation of FHWA
responsibilities related to project delivery. This new SEP-16 scope
includes potential experimentation with responsibilities not previously
considered subject to assumption under Stewardship and Oversight
Agreements between FHWA and State departments of transportation (State
DOT).
DATES: This expanded SEP-16 Project is effective on June 24, 2020.
FOR FURTHER INFORMATION CONTACT: For technical information: Peter
Stephanos, Office of Stewardship, Oversight, and Management, (202) 366-
0027; for legal information: Janet Myers, Office of the Chief Counsel
(HCC), (202) 366-2019, 1200 New Jersey Avenue SE, Washington, DC 20590.
Office hours are from 8:00 a.m. to 4:30 p.m., ET, Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this notice may be downloaded from the
Federal Register's home page at: https://www.archives.gov; the
Government Publishing Office's database at: https://www.gpo.gov/fdyss/;
or the specific docket page at: www.regulations.gov.
[[Page 38012]]
Background
For information on the background and legal authority for SEP-16
pursuant to 23 U.S.C. 502(b), please refer to the Federal Register
notice announcing SEP-16, published on September 20, 2018 (83 FR 47674)
(SEP-16 notice).
After announcing SEP-16, FHWA received expressions of interest from
States wishing to experiment with types of delegation not expressly
included within the scope of the SEP-16 notice. Several of the requests
related to actions that, to date, FHWA has not treated as subject to
assumption under 23 U.S.C. 106(c) or other authorities.
After consideration, FHWA concluded that expanding SEP-16 into a
general authority for experimentation with delegation to States of FHWA
program/project authorities could provide useful information for future
determinations about administration of the Federal-aid Highway Program
(FAHP). This supplemental notice expands SEP-16 to allow
experimentation with delegations of authority for FAHP program/project
actions where FHWA determines such experimentation is appropriate.
The scope of permissible experimentation is subject to the
conditions described in the SEP-16 notice (83 FR 47675) except as
modified in this notice. This expanded authority may be used to
experiment with project development, construction, and post-
construction actions relating to a specific project, group of projects,
or a program. The SEP-16 experimental authority continues to exclude
from testing and evaluation the Federal decisions relating to
eligibility, obligation, reimbursement, authorization, and compliance.
In addition, SEP-16 experimental authority will not be available to
test delegations relating to the environmental review process, as there
are statutes and regulations that expressly address assignment of
FHWA's environmental responsibilities (see, e.g., 23 U.S.C. 327).
This expansion of SEP-16 will allow FHWA to understand more fully
the potential implications of delegating FAHP decisions not previously
subject to assumption or delegation under 23 U.S.C. 106(c) and other
authorities. The lessons learned from SEP-16 will aid FHWA in
developing comprehensive policies and inform stakeholders if the
delegation of FHWA authorities is appropriate.
To facilitate public access to SEP-16 information, all SEP-16
proposals, workplans, and reports will be posted on a public facing
website.\1\
---------------------------------------------------------------------------
\1\ https://www.fhwa.dot.gov/innovativeprograms/sep-16/.
---------------------------------------------------------------------------
Solicitation of Letters of Interest
This notice announces the expanded SEP-16 and requests Letters of
Interest for experimentation with FHWA actions relating to program/
project delivery. Entities eligible to submit letters (``Applicants'')
are State DOTs as defined in 23 U.S.C. 101. Letters of Interest, which
should be submitted to the appropriate FHWA Division Office, initiate
the application process described below. The Letter of Interest should
include a high-level description of the Applicant's proposal, reasons
for wanting to assume the authority, and the anticipated resulting
improvements to program/project delivery. Ideally, the Applicant will
quantify the resulting improvements in terms of time and/or cost
savings. The Applicant should include enough detail to allow FHWA to
determine how the proposal deviates from current law (including
regulations) and practice, and how the actions covered by the proposal
are addressed in current policy. The Letter of Interest should
reference the specific legal authority(ies) under Title 23 being
requested for delegation. Further, the Applicant should provide
specific examples that demonstrate experience with delegation in the
affected area(s), or in areas the Applicant deems similar in nature, if
applicable. The Applicant should describe the level of collaboration
conducted so far with relevant FHWA Division or program offices about
the proposal.
Application Process
The FHWA is retaining the application process announced in the SEP-
16 notice which is repeated here for reference. The application process
is three-tiered, with each step developing more specifics of the
proposed assumption(s) for FHWA consideration and feedback. The FHWA
will evaluate each step to determine whether a proposal falls within
the scope of section 502(b) and is appropriate for this experimental
process before inviting and working with an Applicant to proceed to the
next step for more detailed proposal development.
The first step in the application process is the Letter of Interest
described above. The FHWA will acknowledge receipt of the Letter of
Interest and provide an anticipated timeframe for initially evaluating
the proposal and providing a formal response. After review of the
proposal, FHWA will provide a formal response that will either request
the Applicant to proceed with submitting a Concept Paper, or provide
FHWA's explanation for not advancing the proposal.
If a Concept Paper is requested, the Applicant should submit to the
appropriate FHWA Division Office a narrative further detailing the
Applicant's proposal. This Concept Paper should not exceed 5 pages and
be formatted single-spaced, using a standard 12-point font with 1-inch
margins. Charts, tables, and other items may also be submitted as
attachments to supplement the narrative and do not count toward the 5-
page limit. The Concept Paper should demonstrate that the State has the
necessary laws, regulations, controls, and resources in place to assume
the Federal role for the responsibilities requested. If applicable, the
Applicant may use experience with assumption of authorities under 23
U.S.C. 106(c) and other authorities to demonstrate readiness to assume
the requested responsibilities. If any necessary piece is missing, the
Applicant should outline a plan and timeline anticipated to put pieces
in place. In addition, the Concept Paper should detail supporting
analysis for the anticipated program/project delivery improvements and
consider a risk assessment of the expected impact the assumption of
authority may have on the State's program--specifically on resources,
processes, and stakeholders--and include measures the State would use
to ensure the responsibilities are carried out in accordance with
Federal requirements. The Concept Paper should also summarize any
preparation the Applicant may need to make if the experiment is
approved and the time necessary for that preparation (e.g., provide
training for staff, make needed changes to procedures, organization
charts). The FHWA will evaluate the Concept Paper, and either request
the Applicant to proceed to the Detailed Proposal stage, or provide an
explanation for not advancing the request.
Since the requirements for the Detailed Proposal will vary
depending on the complexity of the proposed delegation and the results
of FHWA's evaluation of the Concept Paper, the appropriate FHWA
Division will coordinate with the Applicant in preparing the Detailed
Proposal. At a minimum, the Applicant's Detailed Proposal should: (1)
Propose a duration for conducting the experiment, including a timeline
for any transition activities; (2) identify key personnel and contacts
with proposed roles and responsibilities; and (3) recommend an
[[Page 38013]]
Evaluation Plan with reporting mechanisms, performance measures, goals,
and other evaluation criteria, and frequency of reviews. To provide
consistency among the SEP-16 experiments, FHWA will provide the
Applicant certain performance measures and evaluation criteria common
to all SEP-16 Evaluation Plans.
Should FHWA decide to proceed with the experiment, FHWA and the
Applicant will enter into a memorandum of understanding and develop a
workplan for the experiment.
Conclusion
The FHWA is committed to continuing its transition to a risk-based
approach to stewardship and oversight of the FAHP. To this end, SEP-16
is designed to provide FHWA with a better understanding of the
implications of allowing States to assume program/project authorities
currently exercised by FHWA. This notice supplements the SEP-16 notice
published on September 20, 2018, by expanding SEP-16 to allow
experimentation with delegation of FHWA authorities relating to program
and project delivery, and amending the application process to reflect
this expansion.
(Authority: 23 U.S.C. 315 and 502).
Nicole R. Nason,
Administrator, Federal Highway Administration.
[FR Doc. 2020-13564 Filed 6-23-20; 8:45 am]
BILLING CODE 4910-22-P
