Special Experimental Project (SEP-16) To Evaluate Proposals for Delegation of FHWA Responsibilities to States, 38011-38013 [2020-13564]

Download as PDF 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: VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 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 http://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 Frm 00192 Fmt 4703 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: http:// www.archives.gov; the Government Publishing Office’s database at: https:// www.gpo.gov/fdyss/; or the specific docket page at: www.regulations.gov. E:\FR\FM\24JNN1.SGM 24JNN1 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, VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 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/. PO 00000 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 E:\FR\FM\24JNN1.SGM 24JNN1 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 Jkt 250001 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: http:// www.archives.gov and the Government Publishing Office’s database at: http:// 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 PO 00000 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 E:\FR\FM\24JNN1.SGM 24JNN1

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: http://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