81_FR_59885 81 FR 59717 - Fixing America's Surface Transportation Act-Productive and Timely Expenditure of Funds

81 FR 59717 - Fixing America's Surface Transportation Act-Productive and Timely Expenditure of Funds

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

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

Page Range59717-59718
FR Document2016-20814

By this notice, FHWA announces a new Web site providing information and guidance on the use of programmatic approaches to project delivery in accordance with section 1421 of the Fixing America's Surface Transportation (FAST) Act (``Productive and Timely Expenditure of Funds''). The FHWA requests comments on what procedures, techniques, programmatic approaches, or best practices should be considered for inclusion on the Web site. In addition, FHWA is requesting comment on any information resources that are readily available regarding practices and procedures that avoid unnecessary delays, minimize cost overruns, and ensure the effective use of Federal funds.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59717-59718]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20814]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2016-0020]


Fixing America's Surface Transportation Act--Productive and 
Timely Expenditure of Funds

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

ACTION: Notice; request for comments.

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

SUMMARY: By this notice, FHWA announces a new Web site providing 
information and guidance on the use of programmatic approaches to 
project delivery in accordance with section 1421 of the Fixing 
America's Surface Transportation (FAST) Act (``Productive and Timely 
Expenditure of Funds''). The FHWA requests comments on what procedures, 
techniques, programmatic approaches, or best practices should be 
considered for inclusion on the Web site. In addition, FHWA is 
requesting comment on any information resources that are readily 
available regarding practices and procedures that avoid unnecessary 
delays, minimize cost overruns, and ensure the effective use of Federal 
funds.

DATES: Comments must be received on or before October 31, 2016. Late 
comments will be considered to the extent practicable.

ADDRESSES: You may submit comments identified by the docket number 
FHWA-2016-0020 by any one of the following methods:
    Fax: 1-202-493-2251;
    Mail: U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590;
    Hand Delivery: U.S. Department of Transportation, Docket 
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays; or electronically through the 
Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Instructions: All submissions must include the agency name, docket 
name and docket number for this notice (FHWA-2016-0020). The DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov at any time or to 
U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20950, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald Yakowenko, FHWA Office of 
Program Administration, 202-366-1562, or via email at 
[email protected]. For legal questions, please contact Ms. 
Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, or via 
email at [email protected]. Office hours for the FHWA are from 8 
a.m. to 4:30 p.m., ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal Register's home page at: http://www.archives.gov and the 
Government Printing Office's database at: http://www.access.thefederalregister.org/nara.

Background

    On December 4, 2015, President Obama signed into law the FAST Act. 
The FAST Act authorizes $305 billion over fiscal years 2016 through 
2020 for DOT's highway, highway and motor vehicle safety, public 
transportation, motor carrier safety, hazardous materials safety, rail, 
and research, technology and statistics programs.
    Section 1421 of the FAST Act, ``Productive and Timely Expenditure 
of Funds,'' states that the Secretary shall develop guidance that 
encourages the use of programmatic approaches to project delivery, 
expedited and prudent procurement techniques, and other best practices 
to facilitate productive, effective, and timely expenditure of funds 
for projects eligible for funding under title 23, United States Code. 
The Secretary is directed to work with States to ensure that any 
guidance developed under section 1421(a) is consistently implemented by 
States and the Federal Highway Administration to avoid unnecessary 
delays in completing projects; minimize cost overruns; and ensure the 
effective use of Federal funding.
    For the purposes of section 1421, FHWA interprets the term 
``programmatic approach'' to mean a method, procedure, tool, or 
technique that promotes increased efficiency by taking advantage of 
economy of scale (e.g., a construction contract that provides for the 
replacement of bridges at multiple locations in lieu-of separate 
contracts for each bridge). The term ``programmatic agreement'' means 
an agreement that sets procedures for consultation, review, and 
compliance with Federal laws. Programmatic agreements allow repetitive 
actions to be handled on a program basis rather than on a project-by-
project basis (e.g., an agreement between a State department of 
transportation and an FHWA Division Office concerning the roles and 
responsibilities associated with review and approval of changes in 
Interstate-System Access). Programmatic approaches may include 
programmatic agreements.
    The FHWA invites public comment on the following:
    1. As it relates to section 1421, what procedures, techniques, 
programmatic approaches, or best practices should be considered for 
inclusion on the Web site?
    2. What information resources are readily available that will 
provide documentation regarding procedures that avoid unnecessary 
delays, minimize cost overruns, and ensure the effective use of funds?
    An example list of resources is available at the following Web 
site: http://www.fhwa.dot.gov/construction/contracts/section1421.cfm. 
The FHWA will consider posting information regarding the recommended 
procedures, techniques, programmatic approaches,

[[Page 59718]]

and best practices collected through this public notice and comment 
process.

    Issued on: August 22, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-20814 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-22-P



                                                                               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?
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                                                  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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                                                  59718                        Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices

                                                  and best practices collected through this               comments, go to http://                               resulting in impaired cognitive function
                                                  public notice and comment process.                      www.regulations.gov at any time or                    that occurred without warning in the
                                                    Issued on: August 22, 2016.                           Room W12–140 on the ground level of                   past 12 months and no recurrent (2 or
                                                  Gregory G. Nadeau,
                                                                                                          the West Building, 1200 New Jersey                    more) severe hypoglycemic episodes in
                                                                                                          Avenue SE., Washington, DC, between 9                 the last 5 years. His endocrinologist
                                                  Administrator, Federal Highway
                                                                                                          a.m. and 5 p.m., Monday through                       certifies that Mr. Barr understands
                                                  Administration.
                                                                                                          Friday, except Federal holidays. The                  diabetes management and monitoring,
                                                  [FR Doc. 2016–20814 Filed 8–29–16; 8:45 am]
                                                                                                          Federal Docket Management System                      has stable control of his diabetes using
                                                  BILLING CODE 4910–22–P
                                                                                                          (FDMS) is available 24 hours each day,                insulin, and is able to drive a CMV
                                                                                                          365 days each year. If you want                       safely. Mr. Barr meets the requirements
                                                                                                          acknowledgment that we received your                  of the vision standard at 49 CFR
                                                  DEPARTMENT OF TRANSPORTATION
                                                                                                          comments, please include a self-                      391.41(b)(10). His optometrist examined
                                                  Federal Motor Carrier Safety                            addressed, stamped envelope or                        him in 2016 and certified that he does
                                                  Administration                                          postcard or print the acknowledgement                 not have diabetic retinopathy. He holds
                                                                                                          page that appears after submitting                    an operator’s license from Florida.
                                                  [Docket No. FMCSA–2016–0219]                            comments on-line.                                     John L. Bauers
                                                                                                            Privacy Act: In accordance with 5
                                                  Qualification of Drivers; Exemption                     U.S.C. 553(c), DOT solicits comments                    Mr. Bauers, 56, has had ITDM since
                                                  Applications; Diabetes Mellitus                         from the public to better inform its                  2001. His endocrinologist examined him
                                                  AGENCY: Federal Motor Carrier Safety                    rulemaking process. DOT posts these                   in 2016 and certified that he has had no
                                                  Administration (FMCSA).                                 comments, without edit, including any                 severe hypoglycemic reactions resulting
                                                                                                          personal information the commenter                    in loss of consciousness, requiring the
                                                  ACTION: Notice of applications for
                                                                                                          provides, to www.regulations.gov, as                  assistance of another person, or
                                                  exemptions; request for comments.                                                                             resulting in impaired cognitive function
                                                                                                          described in the system of records
                                                  SUMMARY:   FMCSA announces receipt of                   notice (DOT/ALL–14 FDMS), which can                   that occurred without warning in the
                                                  applications from 37 individuals for                    be reviewed at www.dot.gov/privacy.                   past 12 months and no recurrent (2 or
                                                  exemption from the prohibition against                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                more) severe hypoglycemic episodes in
                                                  persons with insulin-treated diabetes                   Christine A. Hydock, Chief, Medical                   the last 5 years. His endocrinologist
                                                  mellitus (ITDM) operating commercial                    Programs Division, (202) 366–4001,                    certifies that Mr. Bauers understands
                                                  motor vehicles (CMVs) in interstate                     fmcsamedical@dot.gov, FMCSA,                          diabetes management and monitoring,
                                                  commerce. If granted, the exemptions                    Department of Transportation, 1200                    has stable control of his diabetes using
                                                  would enable these individuals with                     New Jersey Avenue SE., Room W64–                      insulin, and is able to drive a CMV
                                                  ITDM to operate CMVs in interstate                      113, Washington, DC 20590–0001.                       safely. Mr. Bauers meets the
                                                  commerce.                                               Office hours are 8:30 a.m. to 5 p.m., e.t.,           requirements of the vision standard at
                                                                                                          Monday through Friday, except Federal                 49 CFR 391.41(b)(10). His
                                                  DATES:  Comments must be received on                                                                          ophthalmologist examined him in 2016
                                                  or before September 29, 2016.                           holidays.
                                                                                                                                                                and certified that he has stable
                                                  ADDRESSES: You may submit comments                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                nonproliferative diabetic retinopathy.
                                                  bearing the Federal Docket Management                   I. Background                                         He holds a Class A CDL from Nebraska.
                                                  System (FDMS) Docket No. FMCSA–
                                                                                                             Under 49 U.S.C. 31136(e) and 31315,                Robert J. Borgese
                                                  2016–0219 using any of the following
                                                                                                          FMCSA may grant an exemption from
                                                  methods:                                                                                                        Mr. Borgese, 68, has had ITDM since
                                                    • Federal eRulemaking Portal: Go to                   the Federal Motor Carrier Safety
                                                                                                                                                                2014. His endocrinologist examined him
                                                  http://www.regulations.gov. Follow the                  Regulations for a 2-year period if it finds
                                                                                                                                                                in 2016 and certified that he has had no
                                                  on-line instructions for submitting                     ‘‘such exemption would likely achieve a
                                                                                                                                                                severe hypoglycemic reactions resulting
                                                  comments.                                               level of safety that is equivalent to or
                                                                                                                                                                in loss of consciousness, requiring the
                                                    • Mail: Docket Management Facility;                   greater than the level that would be
                                                                                                                                                                assistance of another person, or
                                                  U.S. Department of Transportation, 1200                 achieved absent such exemption.’’ The
                                                                                                                                                                resulting in impaired cognitive function
                                                  New Jersey Avenue SE., West Building                    statute also allows the Agency to renew
                                                                                                                                                                that occurred without warning in the
                                                  Ground Floor, Room W12–140,                             exemptions at the end of the 2-year
                                                                                                                                                                past 12 months and no recurrent (2 or
                                                  Washington, DC 20590–0001.                              period. The 37 individuals listed in this
                                                                                                                                                                more) severe hypoglycemic episodes in
                                                    • Hand Delivery: West Building                        notice have recently requested such an
                                                                                                                                                                the last 5 years. His endocrinologist
                                                  Ground Floor, Room W12–140, 1200                        exemption from the diabetes prohibition
                                                                                                                                                                certifies that Mr. Borgese understands
                                                  New Jersey Avenue SE., Washington,                      in 49 CFR 391.41(b) (3), which applies
                                                                                                                                                                diabetes management and monitoring,
                                                  DC, between 9 a.m. and 5 p.m., Monday                   to drivers of CMVs in interstate
                                                                                                                                                                has stable control of his diabetes using
                                                  through Friday, except Federal                          commerce. Accordingly, the Agency
                                                                                                                                                                insulin, and is able to drive a CMV
                                                  Holidays.                                               will evaluate the qualifications of each
                                                                                                                                                                safely. Mr. Borgese meets the
                                                    • Fax: 1–202–493–2251.                                applicant to determine whether granting
                                                                                                                                                                requirements of the vision standard at
                                                    Instructions: Each submission must                    the exemption will achieve the required
                                                                                                                                                                49 CFR 391.41(b)(10). His optometrist
                                                  include the Agency name and the                         level of safety mandated by statute.
                                                                                                                                                                examined him in 2016 and certified that
                                                  docket numbers for this notice. Note                    II. Qualifications of Applicants                      he does not have diabetic retinopathy.
                                                  that all comments received will be
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                He holds a Class B CDL from New
                                                  posted without change to http://                        Scott G. Barr
                                                                                                                                                                Jersey.
                                                  www.regulations.gov, including any                        Mr. Barr, 47, has had ITDM since
                                                  personal information provided. Please                   2014. His endocrinologist examined him                Rodger L. Bratton
                                                  see the Privacy Act heading below for                   in 2016 and certified that he has had no                Mr. Bratton, 68, has had ITDM since
                                                  further information.                                    severe hypoglycemic reactions resulting               2015. His endocrinologist examined him
                                                    Docket: For access to the docket to                   in loss of consciousness, requiring the               in 2016 and certified that he has had no
                                                  read background documents or                            assistance of another person, or                      severe hypoglycemic reactions resulting


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Document Created: 2018-02-09 11:42:53
Document Modified: 2018-02-09 11:42:53
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; request for comments.
DatesComments must be received on or before October 31, 2016. Late comments will be considered to the extent practicable.
ContactMr. Gerald Yakowenko, FHWA Office of Program Administration, 202-366-1562, or via email at [email protected] For legal questions, please contact Ms. Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, or via email at [email protected] Office hours for the FHWA are from 8 a.m. to 4:30 p.m., ET, Monday through Friday, except Federal holidays.
FR Citation81 FR 59717 

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