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

Gregory G. Nadeau
Federal Highway Administration
30 August 2016

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59717-59718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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 
gerald.yakowenko@dot.gov. For legal questions, please contact Ms. 
Jennifer Mayo, FHWA Office of the Chief Counsel, 202-366-1523, or via 
email at jennifer.mayo@dot.gov. 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.gpo.gov/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