81 FR 59715 - Assumption of Authorities

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range		59715-59717
FR Document		2016-20818

The Fixing America's Surface Transportation (FAST) Act builds on the authorities and requirements in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and the Moving Ahead for Progress in the 21st Century Act (MAP-21). The FAST Act also builds on efforts under FHWA's Every Day Counts to accelerate delivery of surface transportation projects by institutionalizing best practices and expediting complex infrastructure projects. The Secretary, in cooperation with the States, must submit recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate recommendations on legislation to permit the assumption of additional authorities by States. The FAST Act specifically asks for recommendations in the areas of real estate acquisition and project design. In order to implement section 1316 of the FAST Act, FHWA is soliciting feedback from States and other stakeholders on additional authorities to assume under title 23, including real estate acquisition and project design. The FHWA will collect suggestions during a 60-day period. At the end of that period, FHWA will assess suggestions prior to providing a Report to Congress.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59715-59717]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20818]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No: FHWA-2016-0018]


Assumption of Authorities

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

ACTION: Notice; request for comments.

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SUMMARY: The Fixing America's Surface Transportation (FAST) Act builds 
on the authorities and requirements in the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
and the Moving Ahead for Progress in the 21st Century Act (MAP-21). The 
FAST Act also builds on efforts under FHWA's Every Day Counts to 
accelerate delivery of surface transportation projects by 
institutionalizing best practices and expediting complex infrastructure 
projects.
    The Secretary, in cooperation with the States, must submit 
recommendations to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Environment and 
Public Works of the Senate recommendations on legislation to permit the 
assumption of additional authorities by States. The FAST Act 
specifically asks for recommendations in the areas of real estate 
acquisition and project design.
    In order to implement section 1316 of the FAST Act, FHWA is 
soliciting feedback from States and other stakeholders on additional 
authorities to assume under title 23, including real estate acquisition 
and project design. The FHWA will collect suggestions during a 60-day 
period. At the end of that period, FHWA will assess suggestions prior 
to providing a Report to Congress.

DATES: Comments must be received by October 31, 2016.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Electronic Mail: [email protected].
     Mail: U.S. Department of Transportation, Dockets 
Management Facility, Room W12-140, 1200 New Jersey Ave. SE., 
Washington, DC 20590- 0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE., between 9 a.m. 5p.m., Monday through Friday, 
except Federal holidays. The telephone number is (202) 366-9329.
    All comments must include the docket number DOT-FHWA-2016-0018 at 
the beginning of the submission.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Howell, Office of 
Information Technology Services, (202) 366-5707, 
[email protected], Federal Highway Administration, 1200 New Jersey 
Avenue SE., Washington, DC 20590, Ms. Janet Myers, Office of Chief 
Counsel, 202-366-2019,

[[Page 59716]]

[email protected], Federal Highway Administration, 1200 New Jersey 
Avenue SE., Washington, DC 20590, or Ms. Cynthia Essenmacher, Office of 
Infrastructure (Detail), Federal Highway Administration, 315 W. Allegan 
St., Ste. 201, Lansing, MI 48913, (517) 702-1839, 
[email protected], Office Hours are from 8:00 a.m. to 4:30 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Background

    The FAST Act builds on the authorities and requirements in SAFETEA-
LU and MAP-21, and on efforts under FHWA's Every Day Counts in an 
effort to accelerate delivery of surface transportation projects by 
institutionalizing best practices and expediting complex infrastructure 
projects. This includes promoting the transition from FHWA project-
level ``full-oversight'' of the Federal-aid highway program (FAHP) to a 
risk-based approach to FHWA oversight activities. The FHWA's use of a 
risk-based approach to stewardship and oversight is intended to 
optimize the successful delivery of projects and to ensure compliance 
with Federal requirements by focusing FHWA resources on activities with 
the highest potential impacts on the success of the FAHP.
    Section 1316(a) of the FAST Act directs the Secretary of 
Transportation to use the authority under 23 U.S.C. 106(c) to the 
maximum extent practicable to allow a State to assume the 
responsibilities described in 23 U.S.C. 106(c) on both a project-
specific and programmatic basis. Section 1316 of the FAST Act seeks to 
expand the use of the 23 U.S.C. 106(c) authority for State assumption 
of responsibilities, and to solicit legislative recommendations for 
additional authorities for State assumption. Assumption is a key part 
of the transition to risk-based oversight of the FAHP. The Secretary, 
in cooperation with the States, must submit recommendations to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate recommendations on legislation to permit the assumption of 
additional authorities by States. The FAST Act specifically asks for 
recommendations in the areas of real estate acquisition and project 
design.
    The FHWA may not assign its decisionmaking responsibilities to a 
State department of transportation (SDOT) unless authorized by law. 
Section 106(c) of title 23, United States Code (U.S.C.), authorizes the 
State to assume project responsibilities for design, plans, 
specifications, estimates, contract awards, and inspections. For 
projects that receive funding under title 23, U.S.C., and are on the 
National Highway System (NHS), including projects on the Interstate 
System, the State may assume the responsibilities unless FHWA, acting 
under a delegation of authority from the Secretary, determines that the 
assumption is not appropriate (23 U.S.C. 106(c)(1)). For non-NHS 
projects, States must assume such responsibilities (23 U.S.C. 
106(c)(2)).
    Section 106(c)(3) requires FHWA and the SDOT to enter into an 
agreement relating to the extent to which the SDOT assumes project and 
program responsibilities. This Stewardship and Oversight Agreement (S&O 
Agreement) includes information on which entity is responsible for 
specific project approvals and related responsibilities. The S&O 
Agreement also contains provisions relating to FHWA oversight of the 
FAHP, as part of the oversight program required by 23 U.S.C. 106(g).
    In 2015 and 2016, all S&O Agreements with the SDOTs were updated 
and executed. The new S&O Agreements contain specific project and 
program level assumptions of responsibilities agreed upon between FHWA 
and the respective SDOTs (Attachment A). Examples of responsibilities 
assumed by some States include approvals and related responsibilities 
affecting real property as provided in 23 CFR 710.201(i) and any 
successor regulation in 23 CFR part 710.
    The agreements also include a broader list of title 23 program 
actions and agency points of contact (Attachment B). In addition, some 
States have assumed authorities under other statutory provisions, such 
as National Environmental Policy Act categorical exclusion approval 
actions assigned though a programmatic agreement pursuant to Section 
1318(d) of MAP-21 and 23 CFR 771.117(g).
    Commenters may wish to consider Attachments A & B, as well as other 
authorities that presently permit or prohibit State assumption, when 
developing their comments on additional authorities for SDOTs to 
assume. The S&O Agreements are available at the following Web site: 
http://www.fhwa.dot.gov/federalaid/stewardship/.

II. Objectives of This Notice

    The FHWA is soliciting feedback from States and other stakeholders 
on additional authorities to permit States to assume responsibilities 
of the Secretary under title 23, U.S.C., including real estate 
acquisition and project design. The intent of this Notice is to seek 
feedback on ways in which FHWA could change existing regulations, 
policies, guidance, and/or administrative practices to better reflect 
the legislative purpose of section 1316, and to seek suggestions on 
legislative changes meeting the requirements of section 1316(b) of the 
FAST Act. Section 1316(b) requires the Secretary, in cooperation with 
the States, to submit recommendations for legislation to permit the 
assumption of additional authorities by States, including with respect 
to real estate acquisition and project design. This notice gives States 
and other stakeholders an opportunity to share comments and make 
recommendations to allow further State assumption of authorities for 
any project phase.

III. Request for Comments

    In accordance with section 1316 of the FAST Act, FHWA seeks input 
from States and other stakeholders on what legislation, regulations, or 
policy they believe would accelerate project delivery. Recommendations 
may address any aspect of the FAHP, including, but not limited to, 
project design, real estate acquisition, plans, specifications, 
estimates, contract awards, and inspection of projects, on both a 
project-specific and programmatic basis.
    The FHWA is soliciting feedback from States and other stakeholders 
on additional authorities States may wish to assume under title 23, 
including real estate acquisition and project design. The FHWA's goal 
is to understand which additional authorities of the Secretary States 
might wish to assume, and what revisions to existing legislation, 
regulations, policies, guidance and/or administrative practices are 
needed to permit such assumptions. Specifically, FHWA welcomes 
suggestions on:
    (1) Additional authorities States could assume for project plans, 
specifications, estimates, contract awards, and inspection of projects,
    (2) Additional authorities States could assume for the real estate 
acquisition and project design process, and
    (3) Additional project or program level authorities, including new 
laws, regulations and policies, that would accelerate project delivery.
    Commenters are encouraged to address any or all of the areas above. 
In responding, commenters may wish to address: Current assumptions 
contained in State S&O agreements, the additional responsibilities the 
commenter would like States to be able to assume, the

[[Page 59717]]

commenter's specific goals for proposed assumption of additional 
authorities, changes to legislation, non-legislative actions FHWA might 
take to achieve those goals, the benefits and costs associated with the 
proposed assumption of authority, whether the proposal affects only 
FHWA or may have impacts on the responsibilities of other Federal 
agencies, the rationale and evidence to support the recommendation, and 
the roles of other stakeholders. Legislative recommendations and 
specific, actionable proposals for the revision of existing 
regulations, policies, guidance, and/or administrative practices are 
most useful. As a result, commenters are encouraged to focus on matters 
within the control of FHWA and Congress.

    Issued on: August 22, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-20818 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-22-P

Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59715

measures the operator has taken or covered by the provisions of Section Safe, Accountable, Flexible, Efficient
proposes to take to reduce existing non- 47506 of the Act. These functions are Transportation Equity Act: A Legacy for
compatible uses and prevent the inseparable from the ultimate land use Users (SAFETEA–LU) and the Moving
introduction of additional non- control and planning responsibilities of Ahead for Progress in the 21st Century
compatible uses. local government. These local Act (MAP–21). The FAST Act also
The FAA has completed its review of responsibilities are not changed in any builds on efforts under FHWA’s Every
the noise exposure maps and way under Part 150 or through FAA’s Day Counts to accelerate delivery of
accompanying documentation review of noise exposure maps. surface transportation projects by
submitted by the Mayland Aviation Therefore, the responsibility for the institutionalizing best practices and
Administration. The documentation that detailed overlaying of noise exposure expediting complex infrastructure
constitutes the ‘‘Noise Exposure Maps’’ contours onto the map depicting projects.
(NEM) as defined in Section 150.7 of properties on the surface rests The Secretary, in cooperation with the
part 150 includes: 2014 Base Year NEM exclusively with the airport operator States, must submit recommendations to
Figure (20) and 2019 Future Year NEM that submitted those maps, or with the Committee on Transportation and
Figure (21). The Noise Exposure Maps those public agencies and planning Infrastructure of the House of
contain current and forecast agencies with which consultation is Representatives and the Committee on
information, including the depiction of required under Section 47503 of the Environment and Public Works of the
the airport and its boundaries, the Act. The FAA has relied on the Senate recommendations on legislation
runway configurations, and land uses certification by the airport operator, to permit the assumption of additional
such as residential, open space, under Section 150.21 of FAR Part 150, authorities by States. The FAST Act
commercial/office, community facilities, that the statutorily required consultation specifically asks for recommendations
libraries, churches, open space, has been accomplished. in the areas of real estate acquisition
infrastructure, vacant and warehouse Copies of the full noise exposure map and project design.
and those areas within the Day Night documentation and of the FAA’s In order to implement section 1316 of
Average Sound Level (DNL) 65, 70 and evaluation of the maps are available for the FAST Act, FHWA is soliciting
75 noise contours. Estimates for the area examination at the following locations: feedback from States and other
within these contours for the 2014 Base stakeholders on additional authorities to
Federal Aviation Administration,
Year are shown in Table 3–1 and Table assume under title 23, including real
Eastern Region, Airports Division,
15; and in Chapter 5 of the NEM. estate acquisition and project design.
AEA–600, 1 Aviation Plaza, Jamaica,
Estimates of the future residential The FHWA will collect suggestions
New York 11434.
population within the 2019 Future Year during a 60-day period. At the end of
Federal Aviation Administration,
noise contours are shown in Table 15 that period, FHWA will assess
Washington Airports District Office,
and in Chapter 5 of the NEM. Figure 24 suggestions prior to providing a Report
23723 Air Freight Lane, Suite 210,
displays the location of noise to Congress.
Dulles, VA 20166.
monitoring sites. Flight tracks for the
Maryland Aviation Administration, 991 DATES: Comments must be received by
existing and the five-year forecast Noise
Corporate Boulevard, Linthicum, MD October 31, 2016.
Exposure Maps are found in Chapter 4
21090. ADDRESSES: To ensure that you do not
and Appendix F. The type and
frequency of aircraft operations FOR FURTHER INFORMATION CONTACT: duplicate your docket submissions,
(including nighttime operations) are Washington Airports District Office please submit them by only one of the
found in Appendix C. The FAA has (WAS ADO), Marcus Brundage, following means:
determined that these noise exposure Environmental Protection Specialist, • Federal eRulemaking Portal: Go to
maps and accompanying documentation Federal Aviation Administration, WAS http://www.regulations.gov and follow
are in compliance with applicable ADO, 23723 Air Freight Lane, Suite 210, the online instructions for submitting
requirements. This determination is Dulles, VA 17011, Telephone: (703) comments.
effective on August 17, 2016. 661–1354. • Electronic Mail: Section1316FRN@
FAA’s determination on an airport Issued in Dulles, VA, on August 17, 2016.
Sharepointmail.dot.gov.
operator’s noise exposure maps is • Mail: U.S. Department of
Matthew J. Thys,
limited to a finding that the maps were Transportation, Dockets Management
Manager, Washington Airports District Office, Facility, Room W12–140, 1200 New
developed in accordance with the Eastern Region.
procedures contained in Appendix A of Jersey Ave. SE., Washington, DC 20590–
[FR Doc. 2016–20795 Filed 8–29–16; 8:45 am]
FAR Part 150. Such determination does 0001.
not constitute approval of the
BILLING CODE 4910–13–P • Hand Delivery: West Building
applicant’s data, information or plans; Ground Floor, Room W12–140, 1200
or a commitment to approve a noise New Jersey Ave. SE., between 9 a.m.
DEPARTMENT OF TRANSPORTATION 5p.m., Monday through Friday, except
compatibility program or to fund the
implementation of that program. If Federal Highway Administration Federal holidays. The telephone number
questions arise concerning the precise is (202) 366–9329.
relationship of specific properties to [Docket No: FHWA–2016–0018] All comments must include the
noise exposure contours depicted on a docket number DOT–FHWA–2016–0018
Assumption of Authorities at the beginning of the submission.
noise exposure map submitted under
Section 47503 of the Act, it should be FOR FURTHER INFORMATION CONTACT: Mr.
mstockstill on DSK3G9T082PROD with NOTICES

AGENCY: Federal Highway
noted that the FAA is not involved in Administration (FHWA); Department of Michael Howell, Office of Information
any way in determining the relative Transportation (DOT). Technology Services, (202) 366–5707,
locations of specific properties with ACTION: Notice; request for comments. michael.howell@dot.gov, Federal
regard to the depicted noise contours, or Highway Administration, 1200 New
in interpreting the noise exposure maps SUMMARY: The Fixing America’s Surface Jersey Avenue SE., Washington, DC
to resolve questions concerning, for Transportation (FAST) Act builds on the 20590, Ms. Janet Myers, Office of Chief
example, which properties should be authorities and requirements in the Counsel, 202–366–2019,

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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59717

commenter’s specific goals for proposed FHWA–2016–0020 by any one of the vehicle safety, public transportation,
assumption of additional authorities, following methods: motor carrier safety, hazardous
changes to legislation, non-legislative Fax: 1–202–493–2251; materials safety, rail, and research,
actions FHWA might take to achieve Mail: U.S. Department of technology and statistics programs.
those goals, the benefits and costs Transportation, Docket Operations, M– Section 1421 of the FAST Act,
associated with the proposed 30, West Building Ground Floor, Room ‘‘Productive and Timely Expenditure of
assumption of authority, whether the W12–140, 1200 New Jersey Avenue SE., Funds,’’ states that the Secretary shall
proposal affects only FHWA or may Washington, DC 20590; develop guidance that encourages the
have impacts on the responsibilities of Hand Delivery: U.S. Department of use of programmatic approaches to
other Federal agencies, the rationale and Transportation, Docket Operations, project delivery, expedited and prudent
evidence to support the West Building Ground Floor, Room procurement techniques, and other best
recommendation, and the roles of other W12–140, 1200 New Jersey Avenue SE., practices to facilitate productive,
stakeholders. Legislative Washington, DC 20590, between 9 a.m. effective, and timely expenditure of
recommendations and specific, and 5 p.m., Monday through Friday, funds for projects eligible for funding
actionable proposals for the revision of except Federal holidays; or under title 23, United States Code. The
existing regulations, policies, guidance, electronically through the Federal Secretary is directed to work with States
and/or administrative practices are most eRulemaking Portal: http:// to ensure that any guidance developed
useful. As a result, commenters are www.regulations.gov. Follow the online under section 1421(a) is consistently
encouraged to focus on matters within instructions for submitting comments. implemented by States and the Federal
the control of FHWA and Congress. Instructions: All submissions must Highway Administration to avoid
include the agency name, docket name unnecessary delays in completing
Issued on: August 22, 2016.
and docket number for this notice projects; minimize cost overruns; and
Gregory G. Nadeau, ensure the effective use of Federal
(FHWA–2016–0020). The DOT posts
Administrator, Federal Highway funding.
Administration.
these comments, without edit, including
any personal information the For the purposes of section 1421,
[FR Doc. 2016–20818 Filed 8–29–16; 8:45 am]
commenter provides, to FHWA interprets the term
BILLING CODE 4910–22–P
www.regulations.gov, as described in ‘‘programmatic approach’’ to mean a
the system of records notice (DOT/ALL– method, procedure, tool, or technique
14 FDMS), which can be reviewed at that promotes increased efficiency by
DEPARTMENT OF TRANSPORTATION taking advantage of economy of scale
www.dot.gov/privacy.
Docket: For access to the docket to (e.g., a construction contract that
Federal Highway Administration provides for the replacement of bridges
read background documents or
at multiple locations in lieu-of separate
[FHWA Docket No. FHWA–2016–0020] comments received, go to http://
contracts for each bridge). The term
www.regulations.gov at any time or to
‘‘programmatic agreement’’ means an
Fixing America’s Surface U.S. Department of Transportation,
agreement that sets procedures for
Transportation Act—Productive and Docket Operations, M–30, West
consultation, review, and compliance
Timely Expenditure of Funds Building Ground Floor, Room W12–140,
with Federal laws. Programmatic
1200 New Jersey Avenue SE.,
AGENCY: Federal Highway agreements allow repetitive actions to
Washington, DC 20950, between 9 a.m.
Administration (FHWA), Department of be handled on a program basis rather
and 5 p.m., Monday through Friday,
Transportation (DOT). than on a project-by-project basis (e.g.,
except Federal holidays.
ACTION: Notice; request for comments. an agreement between a State
FOR FURTHER INFORMATION CONTACT: Mr. department of transportation and an
SUMMARY: By this notice, FHWA Gerald Yakowenko, FHWA Office of FHWA Division Office concerning the
announces a new Web site providing Program Administration, 202–366–1562, roles and responsibilities associated
information and guidance on the use of or via email at gerald.yakowenko@ with review and approval of changes in
programmatic approaches to project dot.gov. For legal questions, please Interstate-System Access). Programmatic
delivery in accordance with section contact Ms. Jennifer Mayo, FHWA approaches may include programmatic
1421 of the Fixing America’s Surface Office of the Chief Counsel, 202–366– agreements.
Transportation (FAST) Act (‘‘Productive 1523, or via email at jennifer.mayo@ The FHWA invites public comment
and Timely Expenditure of Funds’’). dot.gov. Office hours for the FHWA are on the following:
The FHWA requests comments on what from 8 a.m. to 4:30 p.m., ET, Monday 1. As it relates to section 1421, what
procedures, techniques, programmatic through Friday, except Federal holidays. procedures, techniques, programmatic
approaches, or best practices should be SUPPLEMENTARY INFORMATION: approaches, or best practices should be
considered for inclusion on the Web considered for inclusion on the Web
Electronic Access
site. In addition, FHWA is requesting site?
comment on any information resources An electronic copy of this document 2. What information resources are
that are readily available regarding may be downloaded from the Federal readily available that will provide
practices and procedures that avoid Register’s home page at: http:// documentation regarding procedures
unnecessary delays, minimize cost www.archives.gov and the Government that avoid unnecessary delays,
overruns, and ensure the effective use of Printing Office’s database at: http:// minimize cost overruns, and ensure the
effective use of funds?
mstockstill on DSK3G9T082PROD with NOTICES

Federal funds. www.access.gpo.gov/nara.
An example list of resources is
DATES: Comments must be received on Background available at the following Web site:
or before October 31, 2016. Late On December 4, 2015, President http://www.fhwa.dot.gov/construction/
comments will be considered to the Obama signed into law the FAST Act. contracts/section1421.cfm. The FHWA
extent practicable. The FAST Act authorizes $305 billion will consider posting information
ADDRESSES: You may submit comments over fiscal years 2016 through 2020 for regarding the recommended procedures,
identified by the docket number DOT’s highway, highway and motor techniques, programmatic approaches,

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Document Created: 2018-02-09 11:42:29
Document Modified: 2018-02-09 11:42:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Comments must be received by October 31, 2016.
Contact		Mr. Michael Howell, Office of Information Technology Services, (202) 366-5707, [email protected], Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Ms. Janet Myers, Office of Chief Counsel, 202-366-2019, [email protected], Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, or Ms. Cynthia Essenmacher, Office of Infrastructure (Detail), Federal Highway Administration, 315 W. Allegan St., Ste. 201, Lansing, MI 48913, (517) 702-1839, [email protected], Office Hours are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays.
FR Citation		81 FR 59715

81 FR 59715 - Assumption of Authorities

DEPARTMENT OF TRANSPORTATIONFederal Highway Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration