81_FR_46895 81 FR 46758 - Notice of Funding Opportunity for the Tribal Transportation Program Safety Funding

81 FR 46758 - Notice of Funding Opportunity for the Tribal Transportation Program Safety Funding

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 137 (July 18, 2016)

Page Range46758-46764
FR Document2016-16875

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

Federal Register, Volume 81 Issue 137 (Monday, July 18, 2016)
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Notices]
[Pages 46758-46764]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16875]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Funding Opportunity for the Tribal Transportation 
Program Safety Funding

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

ACTION: Notice of funding opportunity.

-----------------------------------------------------------------------

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

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

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

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

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

Table of Contents

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

[[Page 46759]]

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

A. Program Description

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

B. Federal Award Information

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

[[Page 46760]]

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

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

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

C. Eligibility Information

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

1. Eligible Applicants

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

2. Cost Sharing or Matching

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

D. Application and Submission Information

1. Address To Request Application Package

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

2. Content and Form of Application Submission

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

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

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

[[Page 46761]]

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

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

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

4. Submission Dates and Time

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

5. Intergovernmental Review

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

6. Funding Restrictions

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

7. Other Submission Requirements

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

E. Application Review Information

 1. Criteria

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

[[Page 46762]]

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

2. Review and Selection Process

    The TTPSF grant applications will be evaluated in accordance with 
evaluation process discussed below. The FHWA will establish an 
evaluation team to review each application received by FHWA prior to 
the application deadline. The FHWA will lead the evaluation team, which 
will include members from the BIA. The evaluation team will include 
technical and professional staff with relevant experience and expertise 
in tribal transportation safety issues. The evaluation team will be 
responsible for evaluating and rating all eligible projects. The 
evaluation team will review each application against the evaluation 
criteria in each of the categories and assign a rating of ``Highly 
Qualified,'' ``Qualified,'' or ``Not Qualified'' to each application 
for the FHWA Administrator's review. The FHWA Administrator will 
forward funding recommendations to the Office of the Secretary. The 
final funding decisions will be made by the Secretary of 
Transportation.
    All applications will be evaluated and assigned a rating of 
``Highly Qualified,'' ``Qualified,'' or ``Not Qualified.'' The ratings, 
as defined below, are proposed within each priority funding category as 
follows:
i. Safety Plans and Safety Planning Activities \1\
---------------------------------------------------------------------------

    \1\ The development of a tribal safety plan is the cornerstone 
for all future tribal safety activities. Because of the importance 
of developing, completing, or updating a tribal safety plan and for 
this one category only, applications will be deemed either ``highly 
qualified'' or ``not qualified.'' All applications to develop a new 
tribal safety plan, update an incomplete safety plan, or update an 
existing tribal safety plan more than 3 years old are deemed to be 
highly qualified. Applications not directed to developing, updating 
or completing existing a tribal safety plan or which address a plan 
not older than 3 years are deemed ``Not Qualified.''
---------------------------------------------------------------------------

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

[[Page 46763]]

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

F. Federal Award Administration Information

1. Federal Award Notice

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

2. Administrative and National Policy Requirements

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

[[Page 46764]]

3. Reporting

    Required reporting follows the requirements for regular TTP funds.

G. Federal Awarding Agency Contact(s)

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

H. Other Information

1. Protection of Confidential Business Information

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

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

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



                                                    46758                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    Battery Systems Twenty-Fourth                            listed in the FOR FURTHER INFORMATION                 individuals who are deaf or hard of
                                                    Meeting.                                                 CONTACT   section. Members of the public              hearing at 202–366–3993.
                                                                                                             may present a written statement to the                ADDRESSES: Applications must be
                                                    SUMMARY:   The FAA is issuing this notice                committee at any time.                                submitted electronically through the
                                                    to advise the public of a meeting of                                                                           Web site: http://flh.fhwa.dot.gov/
                                                    RTCA Special Committee 225,                                Issued in Washington, DC, on July 13,
                                                                                                             2016.                                                 programs/ttp/safety/ttpsf.htm.
                                                    Rechargeable Lithium Battery and
                                                                                                             Mohannad Dawoud,                                      FOR FURTHER INFORMATION CONTACT: For
                                                    Battery Systems Twenty-Fourth
                                                                                                             Management & Program Analyst, Partnership             further information concerning this
                                                    Meeting.
                                                                                                             Contracts Branch, ANG–A17, NextGen,                   notice please contact Russell Garcia,
                                                    DATES:   The meeting will be held August                 Procurement Services Division, Federal                TTPSF Program Manager, via email at
                                                    9, 2016, 9:00 a.m. to 5:00 p.m.                          Aviation Administration.                              russell.garcia@dot.gov; by telephone at
                                                    ADDRESSES: The meeting will be held at:                  [FR Doc. 2016–16926 Filed 7–15–16; 8:45 am]           202–366–9815; or by mail at Federal
                                                    https://rtca.webex.com/rtca/j.php                        BILLING CODE 4910–13–P                                Highway Administration, 1200 New
                                                    ?MTID=m49080be6d09ca112b2f0aaef27                                                                              Jersey Avenue SE., Washington, DC
                                                    e66d49.                                                                                                        20590. Office hours are from 8:00 a.m.
                                                       Meeting number: 630 710 609.                          DEPARTMENT OF TRANSPORTATION                          to 4:30 p.m. e.t., Monday through
                                                       Meeting password: August 2016.                                                                              Friday, except Federal holidays. For
                                                       Join by phone 1–877–668–4493 Call-                    Federal Highway Administration                        legal questions, please contact Ms.
                                                    in toll-free number (U.S./Canada), 1–                                                                          Vivian Philbin, Office of the Chief
                                                    650–479–3208 Call-in toll number (U.S./                  Notice of Funding Opportunity for the                 Counsel, by telephone at (720) 963–
                                                    Canada), Access code: 630 710 609.                       Tribal Transportation Program Safety                  3445; by email at vivian.philbin@
                                                                                                             Funding                                               dot.gov; or by mail at Federal Highway
                                                    FOR FURTHER INFORMATION CONTACT:
                                                    Jennifer Iversen at jiversen@rtca.org or                 AGENCY: Federal Highway                               Administration, Central Federal Lands
                                                    (202) 330–0662 or The RTCA                               Administration (FHWA), Department of                  Highway Division, 12300 West Dakota
                                                    Secretariat, 1150 18th Street NW., Suite                 Transportation (DOT).                                 Avenue, Lakewood, CO 80228. Office
                                                    910, Washington, DC 20036, or by                         ACTION: Notice of funding opportunity.
                                                                                                                                                                   hours are from 7:30 a.m. to 4:00 p.m.
                                                    telephone at (202) 833–9339, fax at (202)                                                                      m.t., Monday through Friday, except
                                                    833–9434, or Web site at http://                         SUMMARY:    This notice announces a                   Federal holidays.
                                                    www.rtca.org.                                            funding opportunity and requests grant                SUPPLEMENTARY INFORMATION: On August
                                                                                                             applications for FHWA’s Tribal                        5, 2013, FHWA published the first
                                                    SUPPLEMENTARY INFORMATION:      Pursuant
                                                                                                             Transportation Program Safety Funds                   notice of funding availability for the
                                                    to section 10(a)(2) of the Federal
                                                                                                             (TTPSF). In addition, this notice                     TTPSF (78 FR 47480). On November 13,
                                                    Advisory Committee Act (Pub. L. 92–
                                                                                                             identifies selection criteria, application            2013, FHWA awarded 183 tribes a total
                                                    463, 5 U.S.C., App.), notice is hereby
                                                                                                             requirements, and technical assistance                of $8.6 million for 193 safety projects.
                                                    given for a meeting of the RTCA Special
                                                                                                             during the grant solicitation period for              On May 14, 2014, FHWA published the
                                                    Committee 225, Rechargeable Lithium
                                                                                                             the TTPSF.                                            second notice of funding availability for
                                                    Battery and Battery Systems Twenty-
                                                                                                                The TTPSF is authorized within the                 the TTPSF (79 FR 27676). On March 10,
                                                    Fourth Meeting. The agenda will
                                                                                                             Tribal Transportation Program (TTP)                   2015, FHWA awarded 82 tribes a total
                                                    include the following:
                                                                                                             under the Fixing America’s Surface                    of $8.5 million for 94 projects to
                                                    Tuesday, August 9, 2016                                  Transportation (FAST) Act. The FHWA                   improve transportation safety on tribal
                                                    1. Introductions and administrative                      will distribute these funds as described              lands. On June 26, 2015, FHWA
                                                         items (including DFO & RTCA                         in this notice on a competitive basis in              published the third notice of funding
                                                         Statement) (15 min)                                 a manner consistent with the selection                availability for the TTPSF (80 FR
                                                    2. Review agenda (5 min)                                 criteria.                                             36885). On December 9, 2015, FHWA
                                                    3. Review and approve summary from                       DATES: Applications must be submitted                 awarded 36 tribes a total of $449,500 for
                                                         the last Plenary (10 min)                           electronically no later than 11:59 p.m.,              36 projects for developing tribal safety
                                                    4. Review and approve Multi-Cell                         e.t. on September 16, 2016 (the                       plans. On April 26, 2016, FHWA
                                                         Thermal Runaway test (3.5 hours)                    ‘‘application deadline’’). Applicants are             awarded 35 tribes a total of $8 million
                                                    5. Lunch (1:00 p.m. EDT)                                 encouraged to submit applications in                  for 54 projects. The FHWA is publishing
                                                    6. Final review of document including:                   advance of the application deadline;                  this fourth notice to announce an
                                                         (3.5 hr)                                            however, applications will not be                     additional round of funding and request
                                                       —Changes made to document                             evaluated, and awards will not be made                grant applications for Fiscal Year 2016.
                                                         between plenary 23 and 24                           until after the application deadline.                 Table of Contents
                                                       —Document reformat                                       The FHWA plans to conduct outreach
                                                       —Requirements (section 2.2)                           regarding the TTPSF in the form of a                  A. Program Description
                                                       —Test Procedures (section 2.4)                        Webinar on August 3, 2016 at 2:00 p.m.,               B. Federal Award Information
                                                    7. Approve document for Final Review                                                                           C. Eligibility Information
                                                                                                             e.t. To join the Webinar, please click                  1. Eligible Applicants
                                                         and Comment (FRAC) (10 min)                         this link then enter the room as a guest:               2. Cost Sharing or Matching
                                                    8. Establish Agenda, location, and time                  https://                                              D. Application and Submission Information
                                                         for next Plenary (10 min)                           connectdot.connectsolutions.com/
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                     1. Address To Request Application Package
                                                    9. Adjourn                                               tribaltrans/. The audio portion of the                  2. Content and Form of Application
                                                       Attendance is open to the interested                  Webinar can be accessed from this                          Submission
                                                    public but limited to space availability.                teleconference line: TOLL FREE 1–888–                   3. Unique Entity Identifier and System for
                                                                                                             251–2909; ACCESS CODE 4442306. The                         Award Management (SAM)
                                                    With the approval of the chairman,
                                                                                                                                                                     4. Submission Dates and Time
                                                    members of the public may present oral                   Webinar will be recorded and posted on                  5. Intergovernmental Review
                                                    statements at the meeting. Persons                       FHWA’s Web site at: http://                             6. Funding Restrictions
                                                    wishing to present statements or obtain                  www.flh.fhwa.dot.gov/programs/ttp/                      7. Other Submission Requirements
                                                    information should contact the person                    safety/. A TDD is available for                       E. Application Review Information



                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00119   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                               46759

                                                       1. Criteria                                           some changes to the types of projects                    (iii) Installation of rumble strips or
                                                       i. Safety Plans and Safety Planning                   and activities that will be eligible for              another warning device, if the rumble
                                                          Activities (Funding Goal 40 Percent of             TTPSF grants in Fiscal Year 2016 and                  strips or other warning devices do not
                                                          TTPSF)
                                                                                                             future years.                                         adversely affect the safety or mobility of
                                                       ii. Other Eligible Activities as Listed in 23
                                                          U.S.C. 148(a)(4) (Funding Goal 60
                                                                                                                Under MAP–21, the Highway Safety                   bicyclists and pedestrians, including
                                                          Percent of TTPSF)                                  Improvement Program (HSIP) included                   persons with disabilities.
                                                       2. Review and Selection Process                       a range of eligible HSIP projects. The list              (iv) Installation of a skid-resistant
                                                       i. Safety Plans and Safety Planning                   of eligible projects was non-exhaustive,              surface at an intersection or other
                                                          Activities                                         and a State could use HSIP funds on any               location with a high frequency of
                                                       ii. Other Eligible Activities as Listed in 23         safety project (infrastructure-related or             crashes.
                                                          U.S.C. 148(a)(4)                                   non-infrastructure) that met the                         (v) An improvement for pedestrian or
                                                    F. Federal Award Administration                          overarching requirements that the                     bicyclist safety or safety of persons with
                                                          Information
                                                       1. Federal Award Notice
                                                                                                             project be consistent with the State’s                disabilities.
                                                       2. Administrative and National Policy                 Strategic Highway Safety Plan (SHSP)                     (vi) Construction and improvement of
                                                       3. Reporting                                          and correct or improve a hazardous road               a railway-highway grade crossing safety
                                                    G. Federal Awarding Agency Contact(s)                    location or feature or address a highway              feature, including installation of
                                                    H. Other Information                                     safety problem. Although the FAST Act                 protective devices.
                                                    1. Protection of Confidential Business                   continued these overarching                              (vii) The conduct of a model traffic
                                                          Information                                        requirements under HSIP, it limited                   enforcement activity at a railway-
                                                    A. Program Description                                   eligibility to the projects and activities            highway crossing.
                                                                                                             listed in section 148(a)(4) of title 23,                 (viii) Construction of a traffic calming
                                                       Since the TTPSF was created under                     United States Code, most of which are                 feature.
                                                    Moving Ahead for Progress in the 21st                    infrastructure-safety related.                           (ix) Elimination of a roadside hazard.
                                                    Century (MAP–21), FHWA has awarded                          As a result of the FAST Act                           (x) Installation, replacement, and
                                                    $17.1 million to 336 Indian tribes for                   amendments, in Fiscal Year (FY) 2016,                 other improvement of highway signage
                                                    377 projects, including development of                   the TTPSF will only fund highway                      and pavement markings, or a project to
                                                    safety plans, to address safety issues in                safety improvement projects eligible                  maintain minimum levels of
                                                    Indian country over three rounds of                      under the HSIP as listed in 23 U.S.C.                 retroreflectivity, that addresses a
                                                    competitive grants. The intent of the                    148(a)(4). For purposes of awarding                   highway safety problem consistent with
                                                    TTPSF is to prevent and reduce deaths                    funds under this program in FY 2016,                  an SHSP.
                                                    or serious injuries in transportation-                   FHWA has identified two eligibility                      (xi) Installation of a priority control
                                                    related crashes on tribal lands where                    categories and intends to focus                       system for emergency vehicles at
                                                    statistics are consistently higher than                  approximately 40 percent of the funding               signalized intersections.
                                                    the rest of the Nation as a whole.                       on safety plans and safety planning                      (xii) Installation of a traffic control or
                                                       The TTPSF emphasizes the                              activities, and the remaining 60 percent              other warning device at a location with
                                                    development of strategic Transportation                  on other eligible activities as listed in 23          high crash potential.
                                                    Safety Plans using a data-driven process                 U.S.C. 148(a)(4).                                        (xiii) Transportation safety planning.
                                                    as a means for tribes to determine how                                                                            (xiv) Collection, analysis, and
                                                    transportation safety needs will be                      B. Federal Award Information                          improvement of safety data.
                                                    addressed in tribal communities. Tribal                     The FAST Act authorized TTPSF as a                    (xv) Planning integrated interoperable
                                                    Transportation Safety Plans are a tool                   set aside of not more than 2 percent of               emergency communications equipment,
                                                    used to identify risk factors that lead to               the funds made available under the TTP                operational activities, or traffic
                                                    serious injury or death and organize                     for FY 2016. This notice of funding                   enforcement activities (including police
                                                    various entities to strategically reduce                 opportunity solicits proposals under the              assistance) relating to work zone safety.
                                                    risk; projects submitted must be data-                   TTPSF for FY 2016. Section 202(e) of                     (xvi) Installation of guardrails,
                                                    driven, must be consistent with a                        title 23, United States Code, provides                barriers (including barriers between
                                                    comprehensive safety strategy, and must                  that the Secretary shall allocate funds               construction work zones and traffic
                                                    correct or improve a hazardous road                      based on an identification and analysis               lanes for the safety of road users and
                                                    location or feature or address a highway                 of highway safety issues and                          workers), and crash attenuators.
                                                    safety problem.                                          opportunities on tribal lands, as                        (xvii) The addition or retrofitting of
                                                       Throughout the past three grant                       determined by the Secretary, on                       structures or other measures to
                                                    cycles, TTPSF awards have supported                      application of the Indian tribal                      eliminate or reduce crashes involving
                                                    safety planning, engineering,                            governments for HSIP eligible projects                vehicles and wildlife.
                                                    enforcement and emergency services,                      described in 23 U.S.C. 148(a)(4). Eligible               (xviii) Installation of yellow-green
                                                    and education (the 4Es) projects.                        projects described in section 148(a)(4)               signs and signals at pedestrian and
                                                    Successful TTPSF projects leverage                       include strategies, activities, and                   bicycle crossings and in school zones.
                                                    resources, encourage partnership, and                    projects on a public road that are                       (xix) Construction and operational
                                                    have the data to support the applicants’                 consistent with a State strategic                     improvements on high risk rural roads.
                                                    approach in addressing the prevention                    highway safety plan and correct or                       (xx) Geometric improvements to a
                                                    and reduction of death or serious                        improve a hazardous road location or                  road for safety purposes that improve
                                                    injuries in transportation-related                                                                             safety.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             feature, or address a highway safety
                                                    crashes. A listing of the safety projects/               problem.                                                 (xxi) A road safety audit.
                                                    activities that tribes previously                           Under 23 U.S.C. 148(a)(4), eligible                   (xxii) Roadway safety infrastructure
                                                    submitted and were awarded TTP safety                    projects are limited to the following:                improvements consistent with the
                                                    funds, as well as additional safety-                        (i) An intersection safety                         recommendations included in the
                                                    related information can be found on the                  improvement.                                          publication of the Federal Highway
                                                    TTP Safety Web site at http://                              (ii) Pavement and shoulder widening                Administration entitled ‘‘Highway
                                                    flh.fhwa.dot.gov/programs/ttp/safety/                    (including addition of a passing lane to              Design Handbook for Older Drivers and
                                                    ttpsf.htm. However, the FAST Act made                    remedy an unsafe condition).                          Pedestrians’’ (FHWA–RD–01–103),


                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00120   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                    46760                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    dated May 2001 or as subsequently                          Recipients of prior TTPSF funds may                    Applicants must attach a
                                                    revised and updated.                                     submit applications during this current               supplemental narrative to their
                                                       (xxiii) Truck parking facilities eligible             round according to the selection criteria.            submission to successfully complete the
                                                    for funding under section 1401 of the                    However, to be competitive, the                       application process. Applicants must
                                                    MAP–21.                                                  applicant should demonstrate the extent               include the supplemental narrative in
                                                       (xxiv) Systemic safety improvements.                  to which the previously funded project                the attachments section of the form.
                                                       (xxv) Installation of vehicle-to-                     or projects has been able to meet                        Applicants must identify the
                                                    infrastructure communication                             estimated project schedules and budget,               eligibility category for which they are
                                                    equipment.                                               as well as the ability to realize the                 seeking funds in the project narrative. In
                                                       (xxvi) Pedestrian hybrid beacons.                     outcomes for previous awards.                         addition, applicants should address
                                                       (xxvii) Roadway improvements that                                                                           each question or statement in their
                                                    provide separation between pedestrians                   2. Cost Sharing or Matching                           applications. It is recommended that
                                                    and motor vehicles, including medians                      There is no matching requirement for                applicants use standard formatting (e.g.,
                                                    and pedestrian crossing islands.                         the TTPSF. However, if the total amount               a single-spaced document, using a
                                                       (xxviii) A physical infrastructure                    of funding requested for applications                 standard 12-point font, such as Times
                                                    safety project not described in clauses                  rated ‘‘highly qualified’’ or ‘‘qualified’’           New Roman, with 1-inch margins) to
                                                    (i) through (xxvii).                                     exceeds the amount of available                       prepare their application narratives. An
                                                       For more information regarding                        funding, FHWA will give priority                      application must include any
                                                    eligible activities under HSIP, please see               consideration to those projects that                  information needed to verify that the
                                                    FHWA guidance at:                                        show a commitment of other funding                    project meets the statutory eligibility
                                                    http://safety.fhwa.dot.gov/                              sources to complement the TTPSF                       criteria in order for the FHWA to
                                                       legislationandpolicy/fast/                            funding request. Therefore, leveraging a              evaluate the application against TTPSF
                                                       guidance.cfm                                          TTPSF request with other funding                      rating criteria.
                                                    http://safety.fhwa.dot.gov/hsip/                         sources identified in Section E is                       Applicants should demonstrate the
                                                       rulemaking/docs/hsip_ig42216_                         encouraged.                                           responsiveness of their proposals to any
                                                       final.pdf                                                                                                   pertinent selection criteria with the
                                                                                                             D. Application and Submission                         most relevant information that
                                                      Section 202(e) further specifies that in               Information                                           applicants can provide, and
                                                    applying for TTPSF, an Indian tribal                     1. Address To Request Application                     substantiated by data, regardless of
                                                    government, in cooperation with the                      Package                                               whether such information is specifically
                                                    Secretary of the Interior and, as                                                                              requested, or identified, in the final
                                                    appropriate, with a State, local                            Application package can be                         notice. Applicants should provide
                                                    government, or metropolitan planning                     downloaded from the TTPSF Web site:                   evidence of the feasibility of achieving
                                                    organization, shall select projects from                 http://flh.fhwa.dot.gov/programs/ttp/                 certain project milestones, financial
                                                    the transportation improvement                           safety/ttpsf.htm. Applicants may also                 capacity, and commitment in order to
                                                    program (TIP), subject to the approval of                request a paper copy of this application              support project readiness.
                                                    the Secretary of Transportation and the                  package by contacting Russell Garcia at                  Consistent with the requirements for
                                                    Secretary of the Interior.                               202–366- 9815. For a Telephone Device                 an eligible highway safety improvement
                                                      Upon award, successful applicants                      for the Deaf (TDD) please call 202–366–               project under 23 U.S.C. 148(a)(4),
                                                    will receive the TTPSF funds through                     3993. The applications must be                        applicants must describe clearly how
                                                    their existing TTP contracting                           submitted electronically through the                  their project would correct or improve
                                                    methodology with either the FHWA or                      following Web site: http://                           a hazardous road location or feature, or
                                                    Bureau of Indian Affairs (BIA). Upon                     flh.fhwa.dot.gov/programs/ttp/safety/                 would address a highway safety
                                                    completion of a TTPSF project, funds                     ttpsf.htm. Applicants are encouraged to               problem. The application must include
                                                    that are not expended are to be                          submit applications in advance of the                 supporting data.
                                                    recovered and returned to the FHWA to                    application deadline; however,                           For ease of review, FHWA
                                                    be made available for the following                      applications will not be evaluated, and               recommends that the project narrative
                                                    year’s TTPSF grant cycle.                                awards will not be made until after the               generally adhere to the following basic
                                                                                                             application deadline.                                 outline, and include a table of contents,
                                                    C. Eligibility Information                                                                                     project abstract, maps, and graphics:
                                                                                                             2. Content and Form of Application
                                                       To be selected for a TTPSF award, an                  Submission                                               a. Project Abstract: Describe project
                                                    applicant must be a federally recognized                                                                       work that would be completed under
                                                    Indian tribe and the project must be an                     The FHWA may request additional                    the project, the hazardous road location
                                                    eligible project.                                        information, including additional data,               or feature or the highway safety problem
                                                                                                             to clarify an application, but FHWA                   that the project would address, and
                                                    1. Eligible Applicants                                   encourages applicants to submit the                   whether the project is a complete
                                                       Eligible applicants for TTPSF                         most relevant and complete information                project or part of a larger project with
                                                    discretionary grants are federally                       they can provide. The FHWA also                       prior investment (maximum five
                                                    recognized tribes identified on the list of              encourages applicants, to the extent                  sentences). The project abstract must
                                                    ‘‘Indian Entities Recognized and Eligible                practicable, to provide data and                      succinctly describe how this specific
                                                    to Receive Services from the Bureau of                   evidence of project merits in a form that             request for TTPSF would be used to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Indian Affairs’’ (published at 81 FR                     is publicly available or verifiable.                  complete the project.
                                                    26826). Other entities may partner with                     The applicants should include the                     b. Project Description: Include
                                                    a tribal government to submit an                         following information in their                        information on the expected users of the
                                                    application, but the eligible applicant                  applications:                                         project, a description of the hazardous
                                                    must be a federally recognized Indian                    i. Fill out an online form similar to SF–             road location or feature or the highway
                                                    tribe. A tribe may submit more than one                        424 at: http://flh.fhwa.dot.gov/                safety problem that the project would
                                                    application; however, only one project                         programs/ttp/safety/ttpsf.htm                   address, and how the project would
                                                    may be included in each application.                     ii. Narrative                                         address these challenges;


                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00121   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                              46761

                                                       c. Applicant information and                          5. Intergovernmental Review                           state_links.cfm), and promotes a
                                                    coordination with other entities: Identify                  The TTPSF is not subject to the                    comprehensive approach to addressing
                                                    the Indian tribal government applying                    Intergovernmental Review of Federal                   safety needs by including all 4Es, is a
                                                    for TTPSF, a description of cooperation                  Programs.                                             critical step in improving highway
                                                    with other entities in selecting projects                                                                      safety. Additional information on
                                                    from the TIP as required under 23                        6. Funding Restrictions                               developing a tribal safety plan can be
                                                    U.S.C. 202(e)(2), and information                           There are no funding restrictions on               found at: http://flh.fhwa.dot.gov/
                                                    regarding any other entities involved in                 any applications. However, FHWA                       programs/ttp/safety/. Accordingly,
                                                    the project;                                             anticipates high demand for this limited              FHWA will award TTPSF for
                                                       d. Grant Funds and Sources/Uses of                    amount of funding and encourages                      developing and updating tribal safety
                                                    Project Funds: Include information                       applications with scalable requests that              plans, and other safety planning
                                                    about the amount of grant funding                        allow more tribes to receive funding and              activities. The FHWA will use the
                                                    requested for the project, availability/                 for requests that identify a commitment               following criteria in the evaluation of
                                                    commitment of funds sources and uses                     of other funding sources to complement                TTPSF funding requests for tribal safety
                                                    of all project funds, total project costs,               the TTPSF funding request. Applicants                 plans: (1) Development of a tribal safety
                                                    percentage of project costs that would                   should demonstrate the capacity to                    plan where none currently exists, and
                                                    be paid for with the TTPSF, and the                      successfully implement the proposed                   (2) age or status of an existing tribal
                                                    identity and percentage shares of all                    request in a timely manner, and ensure                safety plan.
                                                    parties providing funds for the project                  that cost estimates and timelines to                     The FHWA will use the following
                                                    (including Federal funds provided                        complete deliverables are included in                 criteria in the evaluation of TTPSF
                                                    under other programs);                                   their applications.                                   funding requests for safety planning
                                                                                                                                                                   activities: (1) Inclusion of the activity in
                                                       e. Include a description of how the                   7. Other Submission Requirements
                                                                                                                                                                   a completed State SHSP or tribal
                                                    proposal meets the Selection Criteria                       Applications must be submitted                     transportation safety plan that is no
                                                    identified in Section E, Subsection 1                    electronically through the following                  more than 5 years old; (2) submission of
                                                    Criteria.                                                Web site: http://flh.fhwa.dot.gov/                    supporting data that demonstrates the
                                                    3. Unique Entity Identifier and System                   programs/ttp/safety/ttpsf.htm.                        need for the activity; (3) leveraging of
                                                    for Award Management (SAM)                               E. Application Review Information                     private or other public funding; or (4)
                                                                                                                                                                   the project is part of a comprehensive
                                                      The TTPSF requires applicants to                       1. Criteria                                           approach to safety which includes other
                                                    provide their Data Universal Numbering                                                                         safety efforts.
                                                                                                                The FHWA will award TTPSF funds
                                                    System (DUNS) number with their                                                                                   Examples of eligible safety planning
                                                                                                             based on the selection criteria and
                                                    application.                                                                                                   activities include:
                                                                                                             policy considerations as outlined below.
                                                    4. Submission Dates and Time                             However, to be competitive, the                          • Development or Updating of Tribal
                                                                                                             applicant should demonstrate the extent               Safety Plans;
                                                       i. Deadline—Applications must be                      to which a previously funded project or                  • Collection, analysis, and
                                                    submitted electronically no later than                   projects has been able to meet estimated              improvement of safety data; and
                                                    11:59 p.m., e.t. on September 16, 2016                   project schedules and budget, as well as
                                                    (the ‘‘application deadline’’).                                                                                   • Road safety audits/assessments.
                                                                                                             the ability to realize the outcomes for
                                                       ii. Applicants are encouraged to                      previous awards.                                      ii. Other Eligible Activities as Listed in
                                                    submit applications in advance of the                       The FHWA intends to allocate the                   23 U.S.C. 148(a)(4) (Funding Goal 60
                                                    application deadline; however,                           TTPSF between two categories as                       Percent of TTPSF)
                                                    applications will not be evaluated, and                  follows: (1) Safety plans and safety
                                                                                                                                                                      The FHWA will use the following
                                                    awards will not be made until after the                  planning activities (40 percent); and (2)
                                                                                                                                                                   criteria in the evaluation of funding
                                                    application deadline.                                    other eligible activities as listed in 23
                                                                                                                                                                   requests under this category: (1)
                                                                                                             U.S.C. 148(a)(4) (60 percent). These
                                                       iii. Upon submission of the                                                                                 Inclusion of the project or activity in a
                                                                                                             proposed allocation amounts provide
                                                    applications electronically through the                                                                        completed State SHSP or tribal
                                                                                                             substantial funding for tribal safety
                                                    following Web site: http://                                                                                    transportation safety plan that is no
                                                                                                             plans and planning activities to reflect
                                                    flh.fhwa.dot.gov/programs/ttp/safety/                                                                          more than 5 years old, or inclusion of
                                                                                                             the strong need that has been identified
                                                    ttpsf.htm, the applicants will receive                                                                         the activity in a completed road safety
                                                                                                             in this area and to ensure that all tribes
                                                    automatic reply confirming transmittal                                                                         audit, engineering study, impact
                                                                                                             have an opportunity to assess their
                                                    of the application to the FHWA. Please                                                                         assessment or other engineering
                                                                                                             safety needs and prioritize safety
                                                    contact Russell Garcia at 202–366–9815,                                                                        document; (2) submission of supporting
                                                                                                             projects. These percentages are only
                                                    should you not receive any confirmation                                                                        data that demonstrates the need for the
                                                                                                             funding goals and may be adjusted to
                                                    from the FHWA.                                                                                                 project; (3) ownership of the facility, if
                                                                                                             reflect the amounts requested in the
                                                       iv. Late Applications—Applications                                                                          applicable; (4) leveraging of private or
                                                                                                             applications received in response to this
                                                    received after the deadline will not be                                                                        other public funding; (5) years since the
                                                                                                             notice.
                                                    considered except in the case of                                                                               tribe has last received funding for a
                                                    unforeseen technical difficulties that are               i. Safety Plans and Safety Planning                   TTPSF engineering improvement
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    beyond the applicant’s control. The                      Activities (Funding Goal 40 Percent of                project, if applicable; or (6) the project
                                                    FHWA will consider late applications                     TTPSF)                                                is part of a comprehensive approach to
                                                    on a case-by-case basis. Applicants are                     The development of a tribal safety                 safety which includes other safety
                                                    encouraged to submit additional                          plan that is data-driven, identifies                  efforts.
                                                    information documenting the technical                    transportation safety issues, prioritizes                Examples of other eligible activities as
                                                    difficulties experienced, including a                    activities, is coordinated with the State             identified in 23 U.S.C. 148(a)(4) include:
                                                    screen capture of any error messages                     SHSP (all State SHSPs can be found at:                   • An intersection safety
                                                    received.                                                http://safety.fhwa.dot.gov/hsip/shsp/                 improvement;


                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00122   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                    46762                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                       • Pavement and shoulder widening                        • Truck parking facilities eligible for               update existing tribal safety plans that
                                                    (including addition of a passing lane to                 funding under section 1401 of MAP–21;                   are more than 3 years old.
                                                    remedy an unsafe condition);                               • Systemic safety improvements;                         b. Not Qualified: Projects that do not
                                                       • Installation of rumble strips or                      • Installation of a vehicle to                        meet the eligibility requirements; any
                                                    another warning device, if the rumble                    infrastructure communication                            request to update an existing tribal
                                                    strips or other warning devices do not                   equipment;                                              safety plan that is less than 3 years old.
                                                    adversely affect the safety or mobility of                 • Pedestrian hybrid beacons;                          II. Other Safety Planning Activities
                                                    bicyclists and pedestrians, including                      • Roadway improvements that
                                                    persons with disabilities;                                                                                          a. Highly Qualified: Requests for other
                                                                                                             provide separation between pedestrians
                                                       • Installation of a skid-resistant                    and motor vehicles, including medians
                                                                                                                                                                     safety planning activities that are in a
                                                    surface at an intersection or other                                                                              current State SHSP or tribal safety plan
                                                                                                             and pedestrian crossing islands; and
                                                    location with a high frequency of                                                                                that is not more than 5 years old;
                                                                                                               • Other physical infrastructure safety                submission of data that demonstrates
                                                    crashes;                                                 projects.
                                                       • An improvement for pedestrian or                                                                            the need for the activities; and
                                                    bicyclist safety or safety of persons with               2. Review and Selection Process                         significant leveraging of TTPSF fund
                                                    disabilities;                                                                                                    with private or public funding or are
                                                                                                                The TTPSF grant applications will be
                                                       • Construction and improvement of a                   evaluated in accordance with evaluation
                                                                                                                                                                     part of a comprehensive approach to
                                                    railway-highway grade crossing safety                                                                            safety which includes other safety
                                                                                                             process discussed below. The FHWA                       efforts. If the total amount of funding
                                                    feature, including installation of                       will establish an evaluation team to
                                                    protective devices;                                                                                              requested for applications rated as
                                                                                                             review each application received by
                                                       • The conduct of a model traffic                      FHWA prior to the application deadline.
                                                                                                                                                                     ‘‘highly qualified’’ exceeds the amount
                                                    enforcement activity at a railway-                                                                               of available funding, FHWA will give
                                                                                                             The FHWA will lead the evaluation                       priority funding consideration to
                                                    highway crossing;                                        team, which will include members from
                                                       • Construction of a traffic calming                   the BIA. The evaluation team will
                                                                                                                                                                     funding one or more independent
                                                    feature;                                                                                                         components of a highly qualified
                                                                                                             include technical and professional staff
                                                       • Elimination of a roadside hazard;                                                                           project. To be eligible, a component
                                                                                                             with relevant experience and expertise
                                                       • Installation, replacement, and other                                                                        must meet eligibility criteria and must
                                                                                                             in tribal transportation safety issues.                 be a transportation safety project that
                                                    improvement of highway signage and
                                                                                                             The evaluation team will be responsible                 has independent utility (i.e., is usable
                                                    pavement markings, or a project to
                                                                                                             for evaluating and rating all eligible                  and a reasonable expenditure of Federal
                                                    maintain minimum levels of
                                                                                                             projects. The evaluation team will                      funds even if no other improvements are
                                                    retroreflectivity that addresses a
                                                                                                             review each application against the                     made in the area). In other words,
                                                    highway safety problem consistent with
                                                                                                             evaluation criteria in each of the                      FHWA may fund an independent
                                                    a Tribal or State strategic highway safety
                                                                                                             categories and assign a rating of ‘‘Highly              component of a project, instead of the
                                                    plan;
                                                       • Installation of a priority control                  Qualified,’’ ‘‘Qualified,’’ or ‘‘Not                    full project described in the application,
                                                    system for emergency vehicles at                         Qualified’’ to each application for the                 only if that component provides
                                                    signalized intersections;                                FHWA Administrator’s review. The                        transportation benefits and will be ready
                                                       • Installation of a traffic control or                FHWA Administrator will forward                         for its intended use upon completion of
                                                    other warning device at a location with                  funding recommendations to the Office                   that component.
                                                    high crash potential;                                    of the Secretary. The final funding                        Applicants should be aware that
                                                       • Planning integrated interoperable                   decisions will be made by the Secretary                 while it is anticipated that most of these
                                                    emergency communications equipment,                      of Transportation.                                      projects will be categorical exclusions
                                                    operational activities, or traffic                          All applications will be evaluated and               because they do not lead to construction
                                                    enforcement activities (including police                 assigned a rating of ‘‘Highly Qualified,’’              or have potentially significant traffic or
                                                    assistance) relating to work zone safety;                ‘‘Qualified,’’ or ‘‘Not Qualified.’’ The                other impacts, depending on the
                                                       • Installation of guardrails, barriers                ratings, as defined below, are proposed                 relationship between the overall project
                                                    (including barriers between                              within each priority funding category as                and the independent component, the
                                                    construction work zones and traffic                      follows:                                                National Environmental Policy Act
                                                    lanes for the safety of road users and                   i. Safety Plans and Safety Planning                     (NEPA) review for the independent
                                                    workers), and crash attenuators;                         Activities 1                                            component may have to include
                                                       • The addition or retrofitting of                                                                             evaluation of all project components as
                                                    structures or other measures to                          I. Development of Tribal Safety Plans                   connected, similar, or cumulative
                                                    eliminate or reduce crashes involving                      a. Highly Qualified: Requests (up to a                actions, as detailed at 40 CFR 1508.25.
                                                    vehicles and wildlife;                                   maximum of $12,500) for development                     Priority consideration will also be given
                                                       • Installation of yellow-green signs                  of new tribal safety plans or to update                 to funding requests that include a
                                                    and signals at pedestrian and bicycle                    incomplete tribal safety plans; and                     commitment of other funding sources to
                                                    crossings and in school zones;                           requests (up to a maximum of $7,500) to                 complement the TTPSF, and those
                                                       • Construction and operational                                                                                requests where the applicants
                                                    improvements on high risk rural roads;                      1 The development of a tribal safety plan is the     demonstrate the capacity to successfully
                                                       • Geometric improvements to a road                    cornerstone for all future tribal safety activities.    implement the proposed project in a
                                                    for safety purposes that improve safety;                                                                         timely manner.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             Because of the importance of developing,
                                                       • Roadway safety infrastructure                       completing, or updating a tribal safety plan and for       b. Qualified: Requests for other safety
                                                                                                             this one category only, applications will be deemed
                                                    improvements consistent with the                         either ‘‘highly qualified’’ or ‘‘not qualified.’’ All
                                                                                                                                                                     planning activities that are in a current
                                                    recommendations included in the                          applications to develop a new tribal safety plan,       State SHSP or tribal safety plan that is
                                                    FHWA publication entitled ‘‘Highway                      update an incomplete safety plan, or update an          more than 5 years old; submission of
                                                    Design Handbook for Older Drivers and                    existing tribal safety plan more than 3 years old are   some data that demonstrates the need
                                                                                                             deemed to be highly qualified. Applications not
                                                    Pedestrians’’ (FHWA–RD–01–103, dated                     directed to developing, updating or completing
                                                                                                                                                                     for the activity; and some leveraging of
                                                    May 2001 or as subsequently revised                      existing a tribal safety plan or which address a plan   TTPSF funds with private or public
                                                    and updated;                                             not older than 3 years are deemed ‘‘Not Qualified.’’    funding or is part of a comprehensive


                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00123   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                                                    Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices                                            46763

                                                    approach to safety which includes other                  ‘‘highly qualified’’ exceeds the amount               component provides transportation
                                                    safety efforts.                                          of available funding, FHWA will give                  benefits and will be ready for its
                                                       If the total amount of funding                        priority funding consideration to                     intended use upon completion of that
                                                    requested for applications rated as                      funding one or more independent                       component’s construction. Applicants
                                                    ‘‘qualified’’ exceeds the amount of                      components of a highly qualified                      should be aware that, depending on the
                                                    available funding, FHWA will give                        project. To be eligible, a component                  relationship between the overall project
                                                    priority funding consideration to                        must meet eligibility criteria and must               and the independent component, the
                                                    funding one or more independent                          be a transportation improvement that                  NEPA review for the independent
                                                    components of a qualified project. To be                 has independent utility (i.e., is usable              component may have to include
                                                    eligible, a component must meet                          and a reasonable expenditure of Federal               evaluation of all project components as
                                                    eligibility criteria and must be a                       funds even if no other improvements are               connected, similar, or cumulative
                                                    transportation safety project that has                   made in the area). In other words,                    actions, as detailed at 40 CFR 1508.25.
                                                    independent utility (i.e., is usable and a               FHWA may fund an independent                          Priority consideration will also be given
                                                    reasonable expenditure of Federal funds                  component of a project, instead of the                to funding requests that include a
                                                    even if no other improvements are made                   full project described in the application,            commitment of other funding sources to
                                                    in the area). In other words, FHWA may                   only if that component provides                       complement the TTPSF, and those
                                                    fund an independent component of a                       transportation benefits and will be ready             requests where the applicants
                                                    project, instead of the full project                     for its intended use upon completion of               demonstrate the capacity to successfully
                                                    described in the application, only if that               that component’s construction.                        implement the proposed project in a
                                                    component provides transportation                        Applicants should be aware that,                      timely manner.
                                                    benefits and will be ready for its                       depending on the relationship between
                                                    intended use upon completion of that                     the overall project and the independent                 c. Not Qualified: Projects that do not
                                                    component. Applicants should be aware                    component, the NEPA review for the                    meet the eligibility requirements; are
                                                    that while it is anticipated that most of                independent component may have to                     not included in a State SHSP or tribal
                                                    these projects will be categorical                       include evaluation of all project                     safety plan; no data provided in the
                                                    exclusions because they do not lead to                   components as connected, similar, or                  application to support the request; are
                                                    construction or have potentially                         cumulative actions, as detailed at 40                 not included in a road safety audit,
                                                    significant traffic or other impacts,                    CFR 1508.25. Priority consideration will              impact assessment, or other safety
                                                    depending on the relationship between                    also be given to funding requests that                engineering study; have received
                                                    the overall project and the independent                  include a commitment of other funding                 funding for a TTPSF transportation
                                                    component, the NEPA review for the                       sources to complement the TTPSF, and                  safety construction project within the
                                                    independent component may have to                        those requests where the applicants                   last 2 years; or do not have a
                                                    include evaluation of all project                        demonstrate the capacity to successfully              comprehensive approach to safety with
                                                    components as connected, similar, or                     implement the proposed project in a                   other partners.
                                                    cumulative actions, as detailed at 40                    timely manner.
                                                    CFR 1508.25. Priority consideration will                    b. Qualified: Efforts that are in a                F. Federal Award Administration
                                                    also be given to funding requests that                   current State SHSP or tribal safety plan,             Information
                                                    include a commitment of other funding                    but the plan is more than 5 years old,                1. Federal Award Notice
                                                    sources to complement the TTPSF, and                     or the project is in a road safety audit,
                                                    those requests where the applicants                      or impact assessment, or other safety                    The FHWA will announce the
                                                    demonstrate the capacity to successfully                 engineering study that is more than 5                 awarded projects by posting a list of
                                                    implement the proposed project in a                      years old; some data included in the                  selected projects at http://
                                                    timely manner.                                           application that supports the project;                flh.fhwa.dot.gov/programs/ttp/safety/.
                                                       c. Not Qualified: Projects that do not                project is located on a transportation                Following the announcement,
                                                    meet the eligibility requirements; or                    facility not owned by a tribe or BIA; and             successful applicants and unsuccessful
                                                    projects that are not included in a State                some leveraging of TTPSF funds with                   applicants will be notified separately.
                                                    SHSP or tribal safety plan.                              other funding; or is part of a coordinated
                                                                                                             approach with one or two other safety                 2. Administrative and National Policy
                                                    ii. Other Eligible Activities as Listed in                                                                     Requirements
                                                                                                             efforts; the tribe has not received
                                                    23 U.S.C. 148(a)(4)
                                                                                                             funding for a TTPSF transportation                      All awards will be administered
                                                       a. Highly Qualified: Efforts that are in              safety construction project in the last 2
                                                    a current State SHSP or tribal safety                                                                          pursuant to the Uniform Administrative
                                                                                                             to 10 years.
                                                    plan that is less than 5 years old, or the                                                                     Requirements, Cost Principles, and
                                                                                                                If the total amount of funding
                                                    project is in a current road safety audit,                                                                     Audit Requirements for Federal Awards
                                                                                                             requested for applications rated as
                                                    or impact assessment, or other safety                    ‘‘qualified’’ exceeds the amount of                   found in 2 CFR part 200. Applicable
                                                    engineering study; data included in the                  available funding, FHWA will give                     Federal laws, rules, and regulations set
                                                    application that directly supports the                   priority funding consideration to                     forth in title 23, U.S.C., and title 23 of
                                                    project; projects located on a BIA or                    funding one or more independent                       the CFR apply.
                                                    tribal facility; and significant leveraging              components of a qualified project. To be                The TTPSF will be administered the
                                                    of TTPSF funds with other funding; and                   eligible, a component must meet                       same way as all TTP funds: FHWA
                                                    the tribe has not received funding for a                 eligibility criteria and must be a                    Agreement tribes will receive funds in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    TTPSF transportation safety                              transportation improvement that has                   accordance with their Program
                                                    construction project in more than 10                     independent utility (i.e., is usable and a            Agreement through a Referenced
                                                    years or the project is part of a                        reasonable expenditure of Federal funds               Funding Agreement (RFA); BIA
                                                    comprehensive approach to safety                         even if no other improvements are made                Agreement tribes will receive their
                                                    which includes three or more other                       in the area). In other words, FHWA may                funds through their BIA Regional Office;
                                                    safety efforts.                                          fund an independent component of a                    and Compact tribes will receive their
                                                       If the total amount of funding                        project, instead of the full project                  funds through the Department of the
                                                    requested for applications rated as                      described in the application, only if that            Interior’s Office of Self Governance.


                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00124   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                    46764                           Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Notices

                                                    3. Reporting                                             DEPARTMENT OF TRANSPORTATION                          manufactured between December 10,
                                                                                                                                                                   2010 1 and September 9, 2013.
                                                      Required reporting follows the                         National Highway Traffic Safety
                                                    requirements for regular TTP funds.                      Administration                                        III. Noncompliance

                                                    G. Federal Awarding Agency Contact(s)                                                                             CTA explains that due to a mold
                                                                                                             [Docket No. NHTSA–2016–0003; Notice 2]                error, the number of tread plies
                                                       For further information concerning                                                                          indicated on the sidewall of the subject
                                                    this notice please contact Russell                       Continental Tire the Americas, LLC,                   tires does not match the actual number
                                                    Garcia, TTPSF Program Manager, via                       Grant of Petition for Decision of                     of plies in the tire construction. The
                                                    email at russell.garcia@dot.gov; by                      Inconsequential Noncompliance                         tires are marked ‘‘PLIES: TREAD: 2
                                                    telephone at 202–366–9815; or by mail                                                                          POLYESTER + 2 STEEL + 2
                                                                                                             AGENCY: National Highway Traffic                      POLYAMIDE’’ whereas the correct
                                                    at Federal Highway Administration,
                                                                                                             Safety Administration (NHTSA),                        marking should be: ‘‘PLIES: TREAD: 2
                                                    1200 New Jersey Avenue SE.,
                                                                                                             Department of Transportation (DOT).                   POLYESTER + 2 STEEL + 1
                                                    Washington, DC 20590. Office hours are
                                                    from 8:00 a.m. to 4:30 p.m. e.t., Monday                 ACTION:   Grant of petition.                          POLYAMIDE.’’ As a consequence, these
                                                                                                                                                                   tires do not meet requirements specified
                                                    through Friday, except Federal holidays.
                                                                                                             SUMMARY:   Continental Tire the                       in paragraph S5.5(f) of FMVSS No. 139.
                                                    For legal questions, please contact Ms.
                                                    Vivian Philbin, Office of the Chief                      Americas, LLC (CTA), has determined                   IV. Rule Text
                                                    Counsel, by telephone at (720) 963–                      that certain CTA tires do not fully
                                                                                                             comply with paragraph S5.5(f) of                        Paragraph S5.5(f) of FMVSS No. 139
                                                    3445; by email at vivian.philbin@                                                                              states, in pertinent part:
                                                    dot.gov; or by mail at Federal Highway                   Federal Motor Vehicle Safety Standard
                                                                                                             (FMVSS) No. 139 New Pneumatic                           S5.5 Tire Markings. Except as specified in
                                                    Administration, Central Federal Lands                                                                          paragraph (a) through (i) of S5.5, each tire
                                                                                                             Radial Tires for Light Vehicles. CTA
                                                    Highway Division, 12300 West Dakota                                                                            must be marked on each sidewall with the
                                                                                                             filed a report dated December 11, 2015,
                                                    Avenue, Lakewood, CO 80228. Office                                                                             information specified in S5.5(a) through (d)
                                                                                                             pursuant to 49 CFR part 573, Defect and
                                                    hours are from 7:30 a.m. to 4:00 p.m.                    Noncompliance Responsibility and                      and on one sidewall with the information
                                                    m.t., Monday through Friday, except                                                                            specified in S5.5(e) through (i) according to
                                                                                                             Reports. CTA then petitioned NHTSA                    the phase-in schedule specified in S7 of this
                                                    Federal holidays.                                        under 49 CFR part 556 requesting a                    standard . . .
                                                    H. Other Information                                     decision that the subject noncompliance                 (f) The actual number of plies in the
                                                                                                             is inconsequential to motor vehicle                   sidewall, and the actual number of plies in
                                                    1. Protection of Confidential Business                   safety.                                               the tread area, if different.
                                                    Information
                                                                                                             ADDRESSES:   For further information on               V. Summary of CTA’s Petition
                                                       All information submitted as part of                  this decision contact Abraham Diaz,
                                                    or in support of any application shall                   Office of Vehicle Safety Compliance, the                 CTA described the subject
                                                    use publicly available data or data that                 National Highway Traffic Safety                       noncompliance and stated its belief that
                                                    can be made public and methodologies                     Administration (NHTSA), telephone                     the noncompliance is inconsequential to
                                                    that are accepted by industry practice                   (202) 366–5310, facsimile (202) 366–                  motor vehicle safety.
                                                    and standards, to the extent possible. If                5930.                                                    In support of its petition, CTA
                                                    the application includes information                                                                           submitted the following information
                                                                                                             SUPPLEMENTARY INFORMATION:                            pertaining to the subject
                                                    you consider to be a trade secret or
                                                                                                             I. Overview                                           noncompliance:
                                                    confidential commercial or financial
                                                                                                                                                                      (a) CTA stated that the tires covered
                                                    information, the applicant should do the
                                                                                                                Pursuant to 49 U.S.C. 30118(d) and                 by this petition are labeled with
                                                    following: (1) Note on the front cover                   30120(h) (see implementing regulations                incorrect information regarding the
                                                    that the submission ‘‘Contains                           at 49 CFR part 556), CTA submitted a                  number of tread plies. The company
                                                    Confidential Business Information                        petition for an exemption from the                    noted that while the number of
                                                    (CBI),’’ (2) mark each affected page                     notification and remedy requirements of               polyester and steel plies indicated on
                                                    ‘‘CBI,’’ and (3) highlight or otherwise                  49 U.S.C. Chapter 301 on the basis that               the sidewall is accurate, the number of
                                                    denote the CBI portions.                                 this noncompliance is inconsequential                 polyamide plies indicated is incorrect.
                                                      Authority: Section 1118 of Pub. L. 114–                to motor vehicle safety.                              The company contended, however, that
                                                    94; 23 U.S.C. 202(e).                                       Notice of receipt of the petition was              this mislabeling has no impact on the
                                                                                                             published, with a 30-day public                       operational performance of these tires or
                                                      Issued on: July 11, 2016.
                                                                                                             comment period, on March 25, 2016 in                  on the safety of vehicles on which these
                                                    Gregory G. Nadeau,                                                                                             tires are mounted. The company
                                                                                                             the Federal Register (81 FR 16269). No
                                                    Administrator, Federal Highway                           comments were received. To view the                   asserted that the tires meet or exceed all
                                                    Administration.                                                                                                of the performance requirements of
                                                                                                             petition and all supporting documents
                                                    [FR Doc. 2016–16875 Filed 7–15–16; 8:45 am]              log onto the Federal Docket                           FMVSS No. 139.
                                                    BILLING CODE 4910–22–P                                   Management System (FDMS) Web site                        (b) CTA noted that NHTSA has
                                                                                                             at: http://www.regulations.gov/. Then                 concluded in response to numerous
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             follow the online search instructions to              other petitions that this type of
                                                                                                             locate docket number ‘‘NHTSA–2016–                    noncompliance is inconsequential to
                                                                                                             0003.’’                                               motor vehicle safety. CTA referenced
                                                                                                                                                                   notices that NHTSA has published in
                                                                                                             II. Tires Involved
                                                                                                                                                                      1 Subsequent to the original filing, CTA informed
                                                                                                               Affected are approximately 1,800
                                                                                                                                                                   NHTSA that the original manufacture start date as
                                                                                                             General Tire brand Grabber size LT265/                stated in their part 573 should in fact be November
                                                                                                             75R16 112/109 Q LRC tires that were                   7, 2010.



                                               VerDate Sep<11>2014   17:52 Jul 15, 2016   Jkt 238001   PO 00000   Frm 00125   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1



Document Created: 2016-07-16 02:28:20
Document Modified: 2016-07-16 02:28:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of funding opportunity.
DatesApplications must be submitted electronically no later than 11:59 p.m., e.t. on September 16, 2016 (the ``application deadline''). Applicants are encouraged to submit applications in advance of the application deadline; however, applications will not be evaluated, and awards will not be made until after the application deadline.
ContactFor further information concerning this notice please contact Russell Garcia, TTPSF Program Manager, via email at [email protected]; by telephone at 202-366-9815; or by mail at Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 8:00 a.m. to 4:30 p.m. e.t., Monday through Friday, except Federal holidays. For legal questions, please contact Ms. Vivian Philbin, Office of the Chief Counsel, by telephone at (720) 963-3445; by email at [email protected]; or by mail at Federal Highway Administration, Central Federal Lands Highway Division, 12300 West Dakota Avenue, Lakewood, CO 80228. Office hours are from 7:30 a.m. to 4:00 p.m. m.t., Monday through Friday, except Federal holidays.
FR Citation81 FR 46758 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR