Request for Nominations for the Working Group on Covered Resources to the Federal Highway Administration Publication: Federal Register Agency: Federal Highway Administration Byline: Shailen P. Bhatt Date: 9 January 2024 Subjects: American Government , Roads & Highways

[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Notices]
[Pages 1139-1141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00251]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Request for Nominations for the Working Group on Covered 
Resources to the Federal Highway Administration

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

ACTION: Notice to solicit members for the Working Group on Covered 
Resources.

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SUMMARY: The FHWA announces a request for nominations to the Working 
Group on Covered Resources (Working Group). The Working Group members 
will be appointed for a term of 2 years. The Working Group will conduct 
a study on access to covered resources for infrastructure projects. In 
carrying out the study, the Working Group shall analyze the use of 
covered resources in transportation projects funded with Federal 
dollars; how the proximity of covered resources to such projects 
affects the cost and environmental impact of those projects; whether 
and how State, Tribal, and local transportation and planning agencies 
consider covered resources when developing transportation projects; and 
any challenges for transportation project sponsors regarding access and 
proximity to covered resources. The Working Group shall submit to the 
Secretary of Transportation the findings of its study and any 
recommendations to preserve access to and reduce the costs and 
environmental impacts of covered resources in infrastructure projects.

DATES: The deadline for nominations for the Working Group membership is 
March 11, 2024.

ADDRESSES: All nomination materials should be emailed to 
Richard.Duval@dot.gov or mailed attention to Designated Federal Officer 
Mr. Richard Duval c/o Mrs. Gina Ahlstrom, Federal Highway 
Administration, Office of Infrastructure, Room E75-332, 1200 New Jersey 
Avenue SE, Washington, DC 20590. Any person needing accessibility 
accommodations should contact Richard Duval at (202) 515-1030.

FOR FURTHER INFORMATION CONTACT: Mr. Richard B. Duval, Office of 
Infrastructure, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 
515-1030 or via email at Richard.Duval@dot.gov; or Ms. Alissa Dolan, 
Office of the Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 
20590, (202) 631-3393 or via email at Alissa.Dolan@dot.gov.

SUPPLEMENTARY INFORMATION: Section 11526 of the Bipartisan 
Infrastructure Law (BIL), enacted as the Infrastructure Investment and 
Jobs Act (Pub. L. 117-58), requires the establishment of a ``Working 
Group on Covered Resources.'' The term ``covered resource'' means a 
common variety material used in transportation infrastructure 
construction and maintenance, including stone, sand, and gravel. The 
Working Group will conduct a study on access to covered resources for 
infrastructure projects. Pursuant to BIL section 11526(d), in carrying 
out the study, the Working Group shall analyze the use of covered 
resources in transportation projects funded with Federal dollars; how 
the proximity of covered resources to such projects affects the cost 
and environmental impact of those projects; whether and how State, 
Tribal, and local transportation and planning agencies consider covered 
resources when developing transportation projects; and any challenges 
for transportation project sponsors regarding access and proximity to 
covered resources.
    In conducting this study, BIL section 11526(e) requires the Working 
Group to consult, as appropriate, with chief executive officers of 
States; State, Tribal, and local transportation and planning agencies; 
other relevant State, Tribal, and local agencies, including State 
agencies associated with covered resources protection; members of the 
public with industry experience with respect to covered resources; 
other Federal entities that provide funding for transportation 
projects; and any other stakeholder the Working Group determines 
appropriate.

[[Page 1140]]

    In accordance with BIL section 11526(f)(1), not later than 2 years 
after the Working Group is established, it shall submit to the 
Secretary the findings of its study, including a summary of comments 
received during the consultation process required by section 11526(e), 
and any recommendations to preserve access to and reduce the costs and 
environmental impacts of covered resources in infrastructure projects. 
The Secretary will then submit to Congress a summary of the findings of 
the Working Group's report and any recommendations, as appropriate.
    In accordance with section 9 of the Federal Advisory Committee Act 
(FACA), and as directed by BIL section 11526(b), the Secretary has 
established the Working Group on Covered Resources. This document gives 
notice of the member nomination process to potential participants and 
affords them the opportunity to request representation on the Working 
Group. The procedure for requesting such representation is set out 
below. FHWA is aware that there are many more potential organizations 
and participants than there are membership slots on the Working Group. 
Organizations and participants should be prepared to support their 
request for representation on the Working Group.
    Members serve at the pleasure of the Secretary. Members will be 
appointed for a 2-year term with the potential for reappointment. The 
Secretary may extend appointments and may appoint replacements for 
members who have resigned outside of a stated term, as necessary. 
Members may continue to serve until their replacements have been 
appointed. The Working Group shall terminate 180 days after the date on 
which the Secretary receives the report required under BIL section 
11526(f)(1).
    FHWA is hereby soliciting nominations for members of the Working 
Group. Members will have knowledge and expertise in the production and 
transportation of covered resources. As prescribed by BIL Section 
11526(c)(2), the Secretary will appoint not less than one 
representative of each of the following:
    (1) State departments of transportation.
    (2) State agencies associated with covered resources protection.
    (3) State planning and geologic survey and mapping agencies.
    (4) Commercial motor vehicle operators, including small business 
operators and operators who transport covered resources.
    (5) Covered resources producers.
    (6) Construction contractors.
    (7) Labor organizations.
    (8) Metropolitan planning organizations and regional planning 
organizations.
    (9) Indian Tribes, including Tribal elected leadership or Tribal 
transportation officials.
    (10) Any other stakeholders that the Secretary determines 
appropriate.
    Process and Deadline for Submitting Nominations: Qualified 
individuals can self-nominate or be nominated by any individual or 
organization. To be considered for the Working Group, nominators should 
submit the following information:
    (1) Name, title, and relevant contact information (including phone, 
and email address) of the nominee.
    (2) A letter of support containing a brief description of why the 
nominee should be considered for membership.
    (3) A short biography of the nominee, including any relevant 
professional and academic credentials and any prior experience with 
covered resources.
    (4) For nominees seeking to serve in their individual capacity (and 
not seeking appointment to represent the interests of a nongovernmental 
entity, a recognizable group of persons or nongovernmental entities 
such as an industry sector or labor union, or State or local 
governments), an affirmative statement that the nominee is not a 
federally registered lobbyist, and that the nominee understands that if 
appointed, the nominee will not be allowed to continue to serve as a 
Working Group member if the nominee becomes a federally registered 
lobbyist.
    (5) An affirmative statement from the nominee of their availability 
and willingness to serve on the Working Group. Initially, board members 
will be expected to participate in quarterly meetings and are expected 
to attend at least three-quarters of all meetings during their 2-year 
term. Additional meetings may be required.
    (6) An affirmative statement from the nominee of their willingness 
and ability to serve as the chairperson for the Working Group, which 
will require additional time commitment beyond simple membership. 
Chairperson duties are described in DOT Order 1120.3 D, ``Committee 
Management Policy and Procedures.''
    Please do not send company, trade association, or organization 
brochures, or any other information. Materials submitted should total 
three pages or less, not including any letter(s) of support. Should 
more information be needed, DOT staff will contact the nominee, obtain 
information from the nominee's past affiliations, or obtain information 
from publicly available sources, such as the internet.
    It is important to recognize that interested parties who are not 
selected for membership on the Working Group can make valuable 
contributions to the work of the Working Group in several ways. 
Interested persons shall be permitted to attend, appear before, or file 
statements with any advisory committee, subject to such reasonable 
rules or regulations as the FHWA Administrator may prescribe.
    Any member of the public is welcome to attend Working Group 
meetings, and, as provided in FACA, speak to the Working Group. Time 
will be set aside during each meeting for this purpose, consistent with 
the Working Group's need for sufficient time to complete its 
deliberations.
    All nomination materials should be emailed to Richard.Duval@dot.gov 
or mailed attention to Mr. Richard Duval c/o Mrs. Gina Ahlstrom, 
Federal Highway Administration, Office of Infrastructure, Room E75-332, 
1200 New Jersey Avenue SE, Washington, DC 20590. Any person needing 
accessibility accommodations should contact Richard Duval at (202) 515-
1030. Nominations must be received by March 11, 2024. Nominees selected 
for appointment to the Working Group will be notified by return email 
and by a letter of appointment.
    A selection team comprising representatives from DOT offices and 
member(s) of the U.S. Department of the Interior U.S. Geological Survey 
will review the nomination packages. The selection team will make 
recommendations regarding membership to the Secretary through the FHWA 
Administrator based on evaluation criteria including: (1) professional 
or academic expertise, experience, and knowledge; (2) stakeholder 
representation; and (3) skills working on committees and advisory 
panels. The FHWA Administrator will submit a list of recommended 
candidates to the Secretary for review and selection of Working Group 
members.
    Nominations are open to all individuals without regard to race, 
color, religion, sex, national origin, age, mental or physical 
handicap, marital status, or sexual orientation. To ensure that 
recommendations to the Secretary consider the needs of the diverse 
groups served by DOT, membership shall include, to the extent 
practicable, individuals with demonstrated ability to

[[Page 1141]]

represent disadvantaged and under-represented groups.

Shailen P. Bhatt,
Administrator, Federal Highway Administration.
[FR Doc. 2024-00251 Filed 1-8-24; 8:45 am]
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