Notice of Funding Opportunity for Surface Transportation System Funding Alternatives Program |
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Gregory G. Nadeau
Federal Highway Administration
29 March 2016
[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Pages 17543-17548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07045]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-2016-0006]
Notice of Funding Opportunity for Surface Transportation System
Funding Alternatives Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of Funding Opportunity.
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SUMMARY: Section 6020 of the Fixing America's Surface Transportation
(FAST) Act directs the DOT to establish the Surface Transportation
System Funding Alternatives (STSFA) program to provide grants to States
to demonstrate user-based alternative revenue mechanisms that utilize a
user fee structure to maintain the long-term solvency of the Federal
Highway Trust Fund. Section 6020 provides $15 million for fiscal year
(FY) 2016 and $20 million for each of FYs 2017-2020 out of funds set
aside in section 6002(a)(1), which authorizes funds for the Highway
Research and Development Program. These grants shall make up no more
than 50 percent of total proposed project costs, with the remainder
coming from non-Federal sources. This Notice of Funding Opportunity for
the STSFA program seeks applications from States or groups of States.
DATES: Applications must be submitted by 3:00 p.m., e.t., on or by May
20, 2016. The Grants.gov ``Apply'' function will open by March 29,
2016. Applications should be submitted through http://www.grants.gov.
ADDRESSES: Applications must be submitted through www.Grants.gov. Only
applicants who comply with all submission requirements described in
this notice and submit applications through www.Grants.gov will be
eligible for award.
FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the FHWA via email at STSFA@dot.gov. For
questions about the STSFA program, contact Mr. Robert Arnold, Director,
FHWA Office of Transportation Management, telephone 202-366-1285, or
via email at Robert.Arnold@dot.gov; or Angela Jacobs, Program Manager,
telephone 202-366-0076, or via email at Angela.Jacobs@dot.gov. For
legal questions, please contact Mr. Adam Sleeter, Attorney-Advisor,
FHWA Office of the Chief Counsel, telephone 202-366-8839, or via email
at Adam.Sleeter@dot.gov. Business hours for the FHWA are from 8:00 a.m.
to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. A
telecommunications device for the deaf (TDD) is available at 202-366-
3993. Additionally, the DOT will regularly post answers to questions,
requests for clarification, and information about Webinars for further
guidance at http://www.grants.gov/.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded from the
Federal
[[Page 17544]]
Register's Web site at http://www.archives.gov and the Government
Printing Office's database at http://www.access.gpo.gov/nara.
SUPPLEMENTARY INFORMATION: This notice solicits applications for the
STSFA program for FY 2016 from States or groups of States to
demonstrate user-based alternative revenue mechanisms that utilize a
user fee structure to maintain the long-term solvency of the Federal
Highway Trust Fund. Each section of this notice contains information
and instructions relevant to the application process for STSFA grants.
The applicant should read this notice in its entirety to submit
eligible and competitive applications.
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
A. Program Description
Section 6020 of the FAST Act (Pub. L. 114-94) directs the DOT to
establish a program to provide grants to States or groups of States to
demonstrate user-based alternative revenue mechanisms that utilize a
user fee structure to maintain the long-term solvency of the Highway
Trust Fund. This solicitation seeks applications that meet the
following objectives:
To test the design, acceptance, and implementation of a
user-based alternative revenue mechanisms.
To improve the functionality of such user-based
alternative revenue mechanisms.
To conduct outreach to increase public awareness regarding
the need for alternative funding sources for surface transportation
programs and to provide information on possible approaches.
To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
To minimize the administrative cost of deploying any
potential user-based alternative revenue mechanisms.
Minimize the administrative costs associated with the
collection of fees.
Though pilot projects of any size or scope may be proposed, the DOT is
most interested in funding larger scale pilots, rather than smaller
scale proof of concept projects, and in awarding funds to both single
State and multi-State pilots.
The purpose of the STSFA grants is for a State or group of States
to test the design, acceptance, and implementation of a user-based
alternative revenue mechanism. An application shall address or describe
how the proposed demonstration has already addressed:
Implementation, interoperability, public acceptance and
potential hurdles to adoption of the demonstrated user-based
alternative revenue mechanism. There are a number of logistical,
technological, and societal issues that will need to be addressed in
any alternative to the current user fee structure. These range from
potential additional logistical burdens imposed by the mechanism to
explaining to the public why the current gas tax is no longer a
sustainable funding source. While some demonstrations of the
effectiveness of alternative funding mechanisms to date have focused on
light vehicles, the consideration of the impacts on heavy vehicles is
also of interest.
Privacy protection. The current system provides almost
complete privacy protection. Any new mechanism would have to provide
the same level of protection by design, either perceived or real, or
employ mitigating strategies that reduce the risk to acceptable levels.
This extends into the area of data security and access beyond the
requirements of the user fee collection.
Use of independent and private third party vendors. The
use of private sector third party vendors to administer and operate a
system could reduce such costs, off-set administrative costs by
offering value-added services, or alleviate privacy concerns generated
by government administration of the user fee collection process.
However, other concerns could be raised depending on the degree of
private sector involvement envisioned.
Congestion mitigation impacts. To the extent market forces
or governmental incentives under the mechanism might positively or
negatively impact roadway congestion or be used to leverage congestion
reduction strategies, those impacts should be addressed in the
proposal.
Equity concerns (including impacts on differing income
groups, various geographic areas and relative burdens on rural and
urban drivers). The implementation of alternative user-based revenue
mechanisms may alter the distribution of cost burdens among different
classes of users of the transportation system relative to those imposed
by current mechanisms for funding surface transportation. Those burdens
could result from changes in the basis of assessing user fees (such as
from fuel consumption to miles traveled) and from new administrative
processes for collecting fees (such as purchasing the necessary
technology and reporting vehicle use). Of particular concern are
changes that could increase the relative cost burdens on economically
disadvantaged populations who would be least able to afford such a
change. New mechanisms could also shift the relative costs paid by
drivers in different regions of a State, particularly between urban and
rural areas.
Ease of user compliance. The current collection system for
fuel taxes (the predominant source of highway user-based fees) is
mostly transparent to the user; does not require any additional action
beyond fuel purchasing; and is relatively invulnerable to avoidance by
consumers. Any new mechanism would need to carefully consider and
evaluate how compliance can be enforced without imposing undue costs or
other burdens on different classes of users.
Reliability and security on the use of technology. Threats
to the success of the mechanism can be both malicious (e.g., hacking
attacks) and non-malicious (e.g., equipment failures). Any system
should address the robustness of the technology and processes to
withstand and recover from such events.
The application for the pilot project may address:
The flexibility and choices of user-based alternative
revenue mechanisms, including the ability of users to select from
various technology and payment options;
The cost of administering the user-based alternative
revenue mechanism; and
The ability of the administering entity to audit and
enforce user compliance.
It is anticipated that up to $15 million will be awarded during FY
2016 for these three types of proposals, with larger awards for new
demonstration projects and extensions or enhancements of existing
demonstration projects, and smaller awards for pre-demonstration
activities. Projects receiving awards for pre-demonstration activities
in FY 2016 are not guaranteed to receive future funding for
demonstration activities.
B. Federal Award Information
Per section 6020 of the FAST Act, the planned award type is a grant
to a State or group of States.
C. Eligibility Information
1. Eligible Applicants
To be selected for an STSFA award, an applicant must be a State or
group of
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States. However, in the case of a group of States, this solicitation
requires that a single State Department of Transportation (State DOT)
serve as the lead agency for administering the program funding through
the Federal-aid highway program. Another State agency or a State agency
in a different State (if the project involves a group of States) may be
responsible for providing day-to-day project oversight. It is expected
that at all relevant State agencies (e.g., Departments of Motor
Vehicles, Departments of Revenue) needed to initiate a full-scale
deployment of the proposed revenue mechanism will be actively involved
in the planning and operation of the demonstration.
2. Cost Sharing or Matching
Cost sharing or matching is required, with the maximum Federal
share being 50 percent of future eligible costs. Therefore, a minimum
non-Federal cost share of 50 percent is required. Cost sharing or
matching means the portion of project costs not paid by Federal funds.
For a more complete definition, please see the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards at part 200, title 2, Code of Federal Regulations (2 CFR 200),
including section 200.306 on cost sharing or matching. Other Federal
funds using the appropriate matching share may be leveraged for the
deployment but cannot be considered as part of the STSFA matching
funds, unless otherwise supported by statute.
D. Application and Submission Information
1. Address
Applicants may obtain application forms at www.grants.gov under the
Notice of Funding Opportunity Number cited herein. The applicant must
complete and submit all forms included in the application package for
this notice as contained at www.grants.gov.
2. Content and Form of Application Submission
The application must include the Standard Form (SF) 424
(Application for Federal Assistance), SF 424A (Budget Information for
Non-Construction Programs), SF 424B (Assurances for Non-Construction
Programs), Grants.gov Lobbying Form, cover page, and the Project
Narrative. The SFs are available online at http://www.grants.gov/web/grants/forms/sf-424-family.html. More detailed information about the
cover page and project narrative follows.
a. Cover Page Including the Following Table
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Project name
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Previously Incurred Project Cost........... $
Future Eligible Project Cost............... $
Total Project Cost......................... $
STSFA Request.............................. $
Total Federal Funding (including STSFA).... $
Are matching funds restricted to a specific Yes/No.
project component? If so, which one?.
State(s) in which the project is located
Is the project currently programmed in the: Yes/No--please specify in
Transportation Improvement Program which plans the project is
(TIP) currently programmed.
Statewide Transportation
Improvement Program (STIP)
Metropolitan Planning Organization
(MPO) Long Range Transportation Plan
State Long Range Transportation
Plan
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b. Project Narrative
The application must include information required for the DOT to
determine that the project satisfies requirements described in sections
A, B, and C and to assess the selection criteria specified in section
E.1. To the extent practicable, applicants should provide data and
evidence of project merits in a form that is verifiable or publicly
available. The DOT may ask any applicant to supplement data in its
application, but expects applications to be complete upon submission.
The DOT recommends that the project narrative adhere to the
following basic outline of a project description, staffing description,
and funding description to clearly address the program requirements and
make critical information readily apparent. In addition to a detailed
statement of work, detailed project schedule, and detailed project
budget, the project narrative should include a table of contents, maps,
and graphics as appropriate to make the information easier to review.
The DOT recommends that the project narrative be prepared with standard
formatting preferences (i.e., a single-spaced document, using a
standard 12-point font such as Times New Roman, with 1-inch margins).
The project narrative may not exceed 25 pages in length, excluding
cover pages and table of contents. The only substantive portions that
may exceed the 25-page limit are documents to support assertions or
conclusions made in the project narrative, or r[eacute]sum[eacute]s of
key staff described in the project narrative. If supporting documents
are submitted, applicants must clearly identify the relevant portion of
the project narrative that each supporting document supports within the
project narrative.
c. Project Description
(1) An introduction that provides a one to two-page summary of the
proposed technology deployment(s).
(2) A description of the entity that will be entering into the
agreement with FHWA including:
(a) Membership of any partnership or entity proposed to carry out
the deployment; and
(b) A description of how the entity will manage the program
including project funding
In the case of a group of States, applicants should show evidence that
a memorandum of understanding, or other organizational mechanism can be
executed in a reasonable timeframe after selection
(3) A description of the geographic area or jurisdiction the
deployment will service.
(4) A description of any challenges in the regulatory, legislative,
or institutional environments or other obstacles to deployment.
(5) A schedule for conducting the demonstration and for completion
of all proposed activities.
(6) Criteria contained in FAST Act section 6020(d) (see section A
``Program Description'' that explains what a pilot project shall and
may address).
d. Organizational Information
In addition to the forms, provide answers to the following
organizational information questions in a pdf format:
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(1) Identify any exceptions to the anticipated award terms and
conditions as contained in section F (Federal Award Administration
Information). Identify any preexisting intellectual property that you
anticipate using during award performance, and your position on its
data rights during and after the award period of performance.
(2) The use of a Dun and Bradstreet Data Universal Numbering System
(DUNS) number is required on all applications for Federal grants.
Please provide your organization's DUNS number in your budget
application.
(3) A statement to indicate whether your organization has
previously completed an A-133 Single Audit and, if so, the date that
the last A-133 Single Audit was completed.
(4) A statement regarding conflicts of interest. The applicant must
disclose in writing any actual or potential personal or organizational
conflict of interest in its application that describes in a concise
manner all past, present or planned organizational, contractual or
other interest(s), which may affect the applicants' ability to perform
the proposed project in an impartial and objective manner. Actual or
potential conflicts of interest may include but are not limited to any
past, present or planned contractual, financial, or other
relationships, obligations, commitments, and responsibilities, which
may bias the applicant or affect the applicant's ability to perform the
agreement in an impartial and objective manner. The Agreement Officer
(AO) will review the statement(s) and may require additional relevant
information from the applicant. All such information, and any other
relevant information known to DOT, will be used to determine whether an
award to the applicant may create an actual or potential conflict of
interest. If any such conflict of interest is found to exist, the AO
may disqualify the applicant, or determine that it is otherwise in the
best interest of the United States to contract with the applicant and
include appropriate provisions to mitigate or avoid such conflict in
the agreement pursuant to 2 CFR 200.112.
(5) A statement to indicate whether a Federal or State organization
has audited or reviewed the applicant's accounting system, purchasing
system, and/or property control system. If such systems have been
reviewed, provide summary information of the audit/review results to
include, as applicable, the summary letter or agreement, date of audit/
review, and Federal or State point of contact (POC) for such review.
(6) Terminated Contracts. List any contract/agreement that was
terminated for convenience of the Government within the past 3 years,
and any contract/agreement that was terminated for default within the
past 5 years. Briefly explain the circumstances in each instance.
(7) The applicant is directed to review 2 CFR 170 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title02/2cfr170_main_02.tpl), dated September 14, 2010, and Appendix A thereto,
and acknowledge in its application that it understands the requirement,
has the necessary processes and systems in place, and is prepared to
fully comply with the reporting described in the term if it receives
funding resulting from this notice. The text of Appendix A will be
incorporated in the award document as a General Term and Condition as
referenced under this notice's section F (Federal Award Administration
Information).
(8) Disclose any violations of Federal criminal law involving
fraud, bribery, or gratuity violations. Failure to make required
disclosures can result in any of the remedies described in 2 CFR
200.338 (remedies for noncompliance, including suspension or
debarment). (See also 2 CFR 180 and section 3321, title 31, United
States Code (31 U.S.C. 3321).)
c. Funding Description
Applications must include a breakdown of estimated costs across
project work areas or tasks, including an identification of funding
sources and amounts.
Unique identifier and system for award (SAM). The applicant is
required to: (1) Be registered in SAM before submitting its
application; (2) provide a valid unique entity identifier in its
application; and (3) continue to maintain an active SAM registration
with current information while it has an active Federal award,
application, or plan under consideration by a Federal awarding agency.
The Federal awarding agency may not make a Federal award to an
applicant until the applicant has complied with all applicable unique
entity identifier and SAM requirements. If an applicant has not fully
complied with the requirements by the time the Federal awarding agency
is ready to make a Federal award, it may determine that the applicant
is not qualified and use that determination as a basis for denial.
Submission dates and times.
3. Deadline
Applications must be submitted through www.grants.gov by 3:00 p.m.,
e.t., by May 20, 2016, which is the date and time by which the FHWA
must receive the full and completed application, including all required
sections.
To submit an application through Grants.gov, applicants must:
(a) Obtain a DUNS number;
(b) Register with the SAM at www.sam.gov;
(c) Create a Grants.gov username and password; and
(d) The E-business POC at the applicant's organization must respond
to the registration email from Grants.gov and login to authorize the
POC as an Authorized Organization Representative (AOR). Please note
that there can only be one AOR per organization.
Please note that the Grants.gov registration process usually takes
2-4 weeks to complete and late applications that are the result of
failure to register or comply with Grants.gov applicant requirements in
a timely manner will not be considered. For information and instruction
on each of these processes, please see instructions at http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If interested
parties experience difficulties at any point during the registration or
application process, please call the Grants.gov Customer Service
Support Hotline at 800-518-4726, from 7:00 a.m. to 9:00 p.m., e.t.,
Monday through Friday.
4. Consideration of Application
Only applicants who comply with all submission deadlines described
in this notice and submit applications through Grants.gov will be
eligible for award. Applicants are strongly encouraged to make
submissions in advance of the deadline.
Applicants interested in applying are encouraged to email
STSFA@dot.gov no later than April 22, 2016, with applicant name, State
in which project is located, approximate total project cost, amount of
the STSFA grant request, and a two or three-sentence project
description. The DOT seeks this early notification of interest to
inform its allocation of resources for application evaluations and to
facilitate timely and efficient awards.
5. Late Applications
Applications received after the deadline will not be considered
except in the case of unforeseen technical difficulties outlined below.
6. Late Application Policy
Applicants experiencing technical issues with Grants.gov that are
beyond the applicant's control must contact STSFA@dot.gov prior to the
application
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deadline with the user name of the registrant and details of the
technical issue experienced. The applicant must provide:
(a) Details of the technical issue experienced;
(b) Screen capture(s) of the technical issues experienced along
with corresponding Grants.gov grant tracking number;
(c) The legal business name for the applicant that was provided in
the SF 424;
(d) The AOR name submitted in the SF 424;
(e) The DUNS number associated with the application; and
(f) The Grants.gov Help Desk Tracking Number.
To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) Failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its Web site; (3) failure to follow all of the
instructions in this notice; and (4) technical issues experienced with
the applicant's computer or information technology environment. After
DOT staff review all information submitted and validate reported
technical issues, DOT staff will contact late applicants to approve or
deny a request to submit a late application. If the reported technical
issues cannot be validated, late applications will be rejected as
untimely.
E. Application Review Information
1. Criteria
The DOT will evaluate applications based on the following criteria,
which are of equal importance.
Technical Merit Criteria:
Alignment with program requirements.
Reasonableness that the demonstration could lead to a
viable alternative revenue mechanism.
Maturity or readiness of the technology to demonstrate the
proposed alternative revenue mechanism.
Ability of the applicant to deploy and sustain the
proposed demonstration.
Scalability or portability of the proposed demonstration
mechanism to other jurisdictions.
Clarity, quality, and completeness of the proposal.
Staffing Criteria:
Degree that the Application includes a program/project
management structure or organization that will successfully oversee the
proposed technology deployment.
Expertise and qualifications of key personnel for managing
or conducting appropriate aspects of the proposed technology deployment
through the period of performance.
The FAST Act also requires DOT to consider geographic diversity in
making awards. Additionally, DOT is most interested in funding larger
scale pilots, rather than smaller scale proof of concept projects, and
awarding funds to both single State and multi-State pilots.
2. Review and Selection Process
The DOT will review all eligible applications received before the
application deadline. The STSFA process consists of a technical
evaluation phase and senior review. In the technical evaluation phase,
teams will determine whether each project satisfies statutory
requirements and rate how well it addresses selection criteria. The
senior review team will consider the applications and the technical
evaluations to determine which projects advance to the Secretary for
consideration. Evaluations in both the technical evaluation and senior
review team phases will place projects into rating categories, not
assign numerical scores. The Secretary will select the projects for
award. The DOT reserves the right to use outside expertise and/or
contractor support to perform application evaluation. A panel of Agency
experts will conduct a risk assessment of the applicant prior to award.
The DOT will award the applications that are considered the most
advantageous using the criteria cited above, subject to the results of
an applicant's risk assessment. In addition, per Sec. 6020 (e) of the
FAST Act, the DOT shall ensure, to the extent practicable, that grant
recipients represent diverse geographic areas of the United States.
3. Other Information
Prior to award, each selected applicant will be subject to a risk
assessment required by 2 CFR 200.205. The DOT must review and consider
any information about the applicant in the designated integrity and
performance system that is accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
An applicant may review information in FAPIIS and comment on any
information about itself. The DOT will consider comments by the
applicant, in addition to the other information in FAPIIS, in making a
judgment about the applicant's integrity, business ethics, and record
of performance under Federal awards. The DOT reserves the right to deny
an award based on the results of the risk assessment.
F. Federal Award Administration Information
1. Federal Award Notices
Following the evaluation outlined in section E, the DOT will notify
the selected applicants and announce the selected projects. Notice that
an applicant has been selected as a recipient does not constitute
approval of the application as submitted. Before the award, the DOT
will contact the POC listed in the SF 424 to initiate negotiation of a
project specific agreement. If the negotiations do not result in an
acceptable submittal, the DOT reserves the right to terminate the
negotiation and decline to fund the applicant.
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 200, as adopted by DOT at 2 CFR 1201.
Applicable Federal laws, rules, and regulations set forth in 23 U.S.C.
and 23 CFR also apply. For a list of the applicable laws, rules,
regulations, executive orders, polices, guidelines, and requirements
related to STSFA projects, please see http://www.fhwa.dot.gov/aaa/generaltermsconditions.cfm.
3. Reporting
a. Progress Reporting on Grant Activity
Each applicant selected for an STSFA grant must submit the Federal
Financial Report (SF 425) on the financial condition of the project and
its progress, and an Annual Budget Review and Program Plan to monitor
the use of Federal funds and ensure accountability and financial
transparency.
b. Reporting of Matters Related to Integrity and Performance
If the total value of a selected applicant's currently active
grants, cooperative agreements, and procurement contracts from all
Federal awarding agencies exceeds $10 million at any time during the
period of performance, then the applicant must maintain the currency of
SAM and FAPIIS information about civil, criminal, or administrative
proceedings described in paragraph 2 of the award terms and conditions.
This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of
[[Page 17548]]
Public Law 111-212, all information posted in the designated integrity
and performance system on or after April 15, 2011, except past
performance reviews required for Federal procurement contracts, will be
publicly available.
c. Reporting to the Secretary
Per section 6020(h) of the FAST Act, not later than 1 year after
the date on which the first eligible entity receives an STSFA grant,
and each year thereafter, every recipient shall submit a report to the
Secretary that describes:
(1) How the demonstration activities carried out with grant funds
meet the objectives of the STSFA program; and
(2) Lessons learned for future deployment of alternative revenue
mechanisms that utilize a user fee structure.
G. Federal Awarding Agency Contacts
For further information or questions concerning this notice, please
contact the FHWA via email at STSFA@dot.gov. For questions about the
STSFA program discussed herein, contact Mr. Robert Arnold, Director,
FHWA Office of Transportation Management, telephone 202-366-1285, or
via email at Robert.Arnold@dot.gov. A TDD is available at 202-366-3993.
Additionally, the DOT will regularly post answers to questions,
requests for clarification, and information about Webinars for further
guidance at http://www.grants.gov/.
H. Other Information
1. Public Comment
The STSFA program is funded through FY 2020. This notice solicits
applications for FY 2016 only. Because this is the first year
implementing the STSFA program, FHWA invites interested parties to
submit comments about this notice's contents, implementation choices
within the legal bounds of the program, and suggestions for
clarification in future STSFA solicitations. The FHWA seeks input on
whether the information requested in applications is reasonable and
clear and if additional merit criteria should be considered. The FHWA
may consider the submitted comments and suggestions when developing
subsequent STSFA notices and program guidance, but they will not affect
the program's evaluation and selection process for FY 2016 awards.
Applications or comments about specific projects should not be
submitted to the docket. Any application submitted to the document will
not be reviewed. Comments should be sent to Docket Number FHWA-2016-
0006 by July 1, 2016. To the extent practicable, FHWA will consider
late-filed comments.
2. Protection of Confidential Business Information
To the extent practicable, 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. If the application includes information the
applicant considers 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. The DOT protects such
information from disclosure to the extent allowed under applicable law.
In the event DOT receives a Freedom of Information Act (FOIA) request,
it will follow the procedures described in its FOIA regulations at 49
CFR 7.17. Only information that is ultimately determined to be
confidential under that procedure will be exempt from disclosure under
FOIA.
Authority: Section 6020 of the Fixing America's Surface
Transportation Act (FAST Act) (Pub. L. 114-94).
Issued on: March 23, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-07045 Filed 3-28-16; 8:45 am]
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