[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Notices]
[Pages 77446-77450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8107]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA-2005-23328
Implementation of the Highways for LIFE Pilot Program
AGENCY: Federal Highway Administration (FHWA), USDOT.
ACTION: Notice; request for comments on proposed implementation of
Highways for LIFE Pilot Program.
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SUMMARY: This document contains the proposed implementation plan of
Section 1502 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for the
Highways for LIFE (HfL) Pilot Program to offer the opportunity for
comment into the development of the final implementation document. LIFE
is an acronym for ``Long-lasting, Innovative, Fast construction of
Efficient and safe pavements and bridges.'' The purpose of the HfL
Pilot Program is to accelerate the rate of adoption of innovations and
technologies, thereby improving safety and highway quality while
reducing congestion caused by construction. This will be accomplished
through technology transfer, technology partnerships, information
dissemination, incentive funding of up to 20 percent, but not more than
$5 million on Federal-aid highway projects (eligible for assistance
under Chapter 1 of title 23, United States Code) and HfL program
accountability.
DATES: Comments must be received on or before February 28, 2006.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room PL-401, 400 Seventh
Street, SW., Washington, DC 20590, or submit electronically at http://dms.dot.gov or fax comments to (202) 493-2251. Alternatively, comments
may be submitted via the Federal eRulemaking Portal at http://www.regulations.gov. All comments should include the docket number that
appears in the heading of this document. All comments received will be
available for examination and copying at the above address from 9 a.m.
to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments must include a self-
addressed, stamped postcard or may print the acknowledgment page that
appears after submitting comments electronically. Anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Persons making comments may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78), or may visit
http://dems.dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Bergeron, Office of
Infrastructure, HIHL-1, (202) 366-5508; Mr. Michael Harkins, Office of
the Chief Counsel, HCC-30, (202) 366-4928; Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit or retrieve online through the Document Management
system (DMS) at: http://dmses.dot.gov/submit. The DMS is available 24-
hours each day, 365 days each year. Electronic submission and retrieval
help and guidelines are available under the help section of the Web
site.
An electronic copy of this document may be downloaded by using the
Internet to reach the Office of the Federal Register's Home page at
http://www.archives.gov and the Government Printing Office's Web site
at http://www.access.gpo.gov/nara.
HfL Pilot Program
This notice presents the proposed implementation plan for the HfL
Pilot
[[Page 77447]]
Program, as outlined in Sections 1101 and 1502 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005), and it
provides an opportunity for comment into the development of the final
implementation document.
Reflecting on the condition of existing highways and the
traditional processes used for building new ones, the American public
has expressed, through national and local surveys, public meetings, and
other means, a need for an improved driving experience. Elements such
as reducing congestion in construction work zones, reducing
construction time, a need for improved levels of safety and quality,
and more cost effective approaches have become the subject of much
concern.
Congress intended the HfL pilot program to incentivize the use of
innovative technologies and practices with the expectation that safe,
efficient highways and bridges can be built faster, and with greater
durability. The legislation reflects an understanding that the best
approach to improving the quality of the highway system is made by
working through the individuals and organizations charged with
designing, building, and operating it. HfL intends to create an
atmosphere that encourages and enables the rapid adoption of
innovations in the design, construction and operation of highways.
The HfL program has six program elements, which are discussed in
detail below. These program elements are as follows: Technology
transfer, technology partnerships, information dissemination, projects,
funding, and accountability.
Technology Transfer
The key approach for improving the quality of the highway system is
the application of existing but under-utilized, high payoff highway
innovations, such as, equipment, techniques, processes, materials and
management processes. The key to using these innovations is a
knowledgeable workforce that is aware of the benefits and committed to
improving the driving experience of all Americans.
The purpose of the technology transfer initiative is to train,
inform, motivate, enable and equip the highway community workforce to
more efficiently deliver projects that meet the HfL Pilot Program
performance goals using the above mentioned innovations. Components of
the technology transfer program may include technology training for
public and private sector personnel, a knowledge exchange Web site
where practitioners can log on and share ideas, technology workshops,
and HfL project showcases demonstrating the actual use of the
technology. The phrase, ``technology transfer'' has long been used to
describe the process for taking such infrequently used innovations and
making them standard approaches that a transportation agency is
comfortable using on a day-to-day basis. Unfortunately, it has
traditionally taken years or even decades to bring about such
adoptions. This delay is not merely a factor of limited resources,
workload, lack of awareness, and conservatism on the part of agency
staffs, but also a lack of a standard concentrated approach for rolling
out innovations. As part of the HfL program, a major effort will be
undertaken to develop an improved technology transfer process to
significantly speed the adoption of innovations. This improved
technology transfer process will be piloted focusing on a few
innovations.
Specifically, FHWA is proposing an innovation in each of the areas
of safety, congestion and quality. These innovations need to be
national in scope and have the potential for adding significant
benefits to the highway community and highway users. The FHWA has
already proposed three innovations that meet the HfL criteria:
Prefabricated Bridge Systems and Elements; \1\ Road Safety Audits; \2\
and ``Making Work Zones Work Better.'' \3\ Focusing on these three
innovations does not mean that they are requirements for any proposed
HfL-funded project. On the contrary, as outlined later in this
document, any innovation that addresses the HfL performance goals may
be used in an HfL-funded project.
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\1\ For more information on Prefabricated Bridge Elements and
systems go to: http://www.fhwa.dot.gov/bridge/prefab/.
\2\ For more information on Road Safety Audits go to: http://safety.fhwa.dot.gov/index.htm.
\3\ For more information on ``Making Work Zones Work Better'' go
to: http://www.ops.fhwa.dot.gov/wz/index.asp.
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Additional technology transfer efforts would be provided by the HfL
program through an innovations workshop for each HfL-funded project.
The workshop may be similar in scope and structure to the Accelerated
Construction Technology Transfer \4\ workshops sponsored by the
American Association of State Highway and Transportation Officials
(AASHTO) and FHWA.
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\4\ For more information on ACTT go to: http://www.fhwa.dot.gov/construction/accelerated.
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Technology Partnerships
Within the HfL Pilot Program, Technology Partnerships are intended
to foster the development, improvement and creation of innovative
technologies and facilities, including the use of proprietary products,
technologies or methodologies. Due to limited resources, the FHWA
intends to focus this element of the HfL program on refining and
improving existing innovations for application on highway construction.
The FHWA would enter into either a grant or cooperative agreement with
public or private organizations to jointly fund or otherwise
participate in adapting and/or making market-ready innovations to
support the HfL Pilot Program. These agreements may be with traditional
partners in the highway construction business or other organizations
outside of the highway industry, which have promising innovations that
can be made ready for timely implementation.
The HfL Technology Partnerships have a two-fold purpose: First,
they are intended to foster the implementation of under-utilized
innovations that will improve the safety, speed of highway
construction, quality, cost effectiveness, and durability of pavements
and bridges. Second, they provide an opportunity for those not involved
in construction of the HfL projects aspect of the program to
participate in, contribute to, and benefit from the program.
The HfL Technology Partnerships would provide financial impetus
needed to move some of the many proven but underutilized innovations
and methods into routine practice in the highway industry. Innovations
brought forward through the technology partnerships may be used in the
HfL Projects and promoted through HfL technology transfer and
information dissemination.
To be considered for participation, the innovation must have been
used successfully in highway, transportation, or in some related venue
which has a clear potential for successful use in the United States
highway industry.
A detailed approach to technology partnerships has not yet been
developed because this is an area where stakeholder and industry input
is needed. Due to the desire to obtain input, as well as the lower
level of funding in the first year of the HfL program, it is proposed
that funding for Technology Partnerships would begin in fiscal year
2007. However some deviations may be necessary, since the HfL
technology partnerships effort focuses on proven technologies, rather
than research. The FHWA is interested in feedback on approaches to
technology partnerships.
[[Page 77448]]
Information Dissemination
An essential component of transferring technology is information
dissemination, including the communication of the HfL goals, concepts
and services. Communicating the HfL story is critical for several
reasons: First, without a high level of communication, there would be
no ``technology transfer;'' innovative approaches would remain with
those people who initially employed them. Secondly, recounting others'
successes tends to instill within organizations a higher level of
competition and peer-pressure to keep up with the rest of the
community.
Although Information Dissemination is a major element of Technology
Transfer, the importance of this communication element within the
overall HfL Pilot Program is sufficient to create a separate category
of activities. One key reason is that others, outside the primary
audience of individuals and organizations who design, build, and
operate the nation's highways, need to be informed as well about safer,
less congested and improved quality highways and bridges. The driving
public, for example, needs to be a key recipient because they are the
ultimate beneficiaries of the overall effort. Providing the information
starts the dialog to ensure that activities undertaken within the
program really are pertinent to improving the public's driving
experience. Finally, the public needs to be informed because public
opinion can be a major motivator to getting individuals and
organizations who are slow to adopt innovations to move faster. Telling
the public about the highway community's push for better roads and the
HfL projects builds goodwill and shows an appropriate level of
responsiveness to the public's need. It demonstrates that the highway
community is being a good steward of the public trust. It also has the
potential to show highway builders the benefits of using HfL approaches
on more of their projects.
A key tool for information dissemination would be the publicizing
HfL success stories, showing how innovation can improve safety, reduce
construction-related congestion, and improve quality, and why it is
beneficial to pursue non-traditional approaches and innovations.
Communication tools such as publications, videos, special events,
media relations, the Internet, and a web-based Community of Practice
can be employed in getting information on the various elements of the
HfL program to different audiences. Specifically, those audiences may
include the highway community, academia, associated industries and
private sector groups, schools, elected officials, media, and the
public in general.
Another facet of information dissemination will be publicizing the
success of each of the HfL demonstration projects. This will be
accomplished at the local, regional and national levels and will be
done during and after construction. The focus in publicizing the HfL
project success stories will be on the innovations, the resulting
benefits and the people in the State DOT, Industry and Division Office
that made it happen. One technique may be the establishment of an
annual awards program and celebration for the HfL projects. Another
technique would be a ribbon cutting ceremony for the HfL project.
Additionally, HfL can work with other organizations such as the
national Partnership on Highway Quality, industry associations,
American Automobile Association, American Trucking Associations, State
DOT Public Affairs offices in publicizing HfL projects and the people
involved in constructing the projects. Positive information
dissemination coupled with recognition will be used as a means to
perpetuate the behavior and outcomes achieved on the HfL projects.
Projects
While training such as that outlined previously in the technology
transfer section is important, the challenge is to get the
transportation professional to put that training to use on an actual
project. Such on-the-job experience will be provided through the
Projects activity of the HfL program. State transportation agencies
will be asked to submit applications to the FHWA Division Offices for
HfL incentives for specific projects where it intends to employ
innovations that it was not used or rarely used in its State.
Funding construction projects within the HfL program will allow for
detailed documentation of the potential improvements in safety,
construction-related congestion and quality that can be achieved
through the application of innovations on actual projects. It may also
serve as a new business model for how a State manages its highway
project delivery process. The demonstration will involve showing the
highway community and the public how the HfL projects are designed,
built, and perform. Widespread demonstration of successes will, in
turn, provide the impetus for more widespread application of the
performance goals and innovations in the future.
Performance Goals
Paragraphs (a)(3) and (b)(4)(A) of Section 1502 of SAFETEA-LU makes
reference to ``performance standards.'' In the HfL program, the term
``performance standards'' are also synonymous with ``performance
goals,'' which define the desired end result to be achieved on the
projects. The FHWA has selected performance goals to put the emphasis
on the highway motorist's needs, to foster the acceptance and adoption
of innovations, and to reinforce the need to address all goals--safety,
congestion, user satisfaction, and quality--in every project. The
individual HfL performance goals would be set at levels representing
the best the highway community has and is able to produce.
In proposing performance goals for HfL projects, the FHWA
considered whether a candidate goal has a highway community accepted
definition, metric, measure, method, procedure, process and/or
equipment. Candidate goals were evaluated with these considerations
since it is expected that the State and its contractor(s) will be
monitoring the goals for the design and/or construction of HfL
projects.
It is FHWA's intention that the approved HfL projects would include
the Performance Goals in each of the goal areas. The performance goals
being considered for the first year of HfL projects include:
Safety
Work Zone Safety During Construction--work zone crash rate
of 20 percent less than State-wide average;
Worker Safety During Construction--worker injury rate of
20 percent less than the most recent national average;
Facility Safety After Construction--20 percent reduction
in fatalities and injuries as reflected in 3-year average crash rates,
using pre-construction rates as the baseline.
Construction Congestion
Faster Construction--reduce by 50 percent the duration
that highway users are impacted by construction as compared to
traditional methods;
Trip Time During Construction--less than 10 percent
reduction in the average pre-construction speed using 100 percent
sampling; or
Queue Length During Construction--the line of vehicles
passing through the construction work zone should be less than 0.5 mile
long for traveling speeds less than 10 mph, or less than 1.5 miles long
for traveling at speeds 20 percent or less than the posted speed limit.
[[Page 77449]]
Quality
Smoothness--an inertial Profile, International Roughness
Index (IRI) of less than 48 inches/mile.
Noise--a close Proximity (CPX) noise measurement of less
than 96.0 decibels.
User satisfaction
User satisfaction--project construction surveys will be
used to determine user satisfaction in two areas: (1) How satisfied the
user is with the new facility, compared with its previous condition,
and (2) how satisfied the user is with the approach used to construct
the new facility in terms of minimizing disruption. A five-point Likert
scale \5\ will be used for measurement, and the goal for each area will
be 4+. \6\
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\5\ For more information on the Likert scale go to: http://en.wikipedia.org/wiki/Likert_scale.
\6\ A typical question using a Likert scale poses a statement
and ask the respondent whether he strongly agrees-agrees-is
undecided-disagrees or strongly disagrees.
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The FHWA is interested in feedback concerning the following
specific aspects of application of the HfL performance goals:
Should the performance goals be adjusted to consider
project factors such as class of road, traffic volume, cost of the
project, size of the project, current project conditions as related to
safety, congestion and quality?
Should the performance goals be adjusted to consider State
DOT factors such as the current statewide average conditions for
safety, construction congestion and quality, the current statewide
average conditions for that class of road, or the current design
standards and construction specifications?
Solicitation
An annual solicitation for HfL projects is planned for the Spring
of 2006. The FHWA intends to publish a notice in the Federal Register
requesting submittal of project applications. It is anticipated that a
project solicitation will also be done in 2007, 2008 and 2009.
Additionally, the announcement would be publicized through various
other means, including posting on the World Wide Web, providing
facilitation by the FHWA Division Offices, and through other outreach
to the States. The State DOT would submit applications electronically
to their FHWA Division Office. The application, along with FHWA
Division recommendation would then be forwarded to FHWA headquarters.
Eligibility Criteria
Section 1502(b)(2) of SAFETEA-LU establishes the eligibility
criteria for a project's participation in the HfL pilot program. The
eligibility criteria includes:
The project must construct, reconstruct, or rehabilitate a
route or connection on a Federal-aid highway eligible for assistance
under chapter 1 of title 23, United States Code; and
The project must use innovative technologies,
manufacturing processes, financing, or contracting methods that improve
safety, reduce congestion due to construction, and improve quality.
Application Requirements
Section 1502(b)(1) of SAFETEA- requires States to submit an
application to the Secretary in order for a project to participate in
the HfL pilot program. This application must contain the following
information:
An identification and description of the project,
including when the project will be ready for construction;
An identification and description of the specific
performance goals that are proposed for the project;
A description of the innovative technologies,
manufacturing processes, financing, and contracting methods that will
be used for the proposed projects;
A description of how the project will result in improved
safety, reduced congestion due to construction, improved quality and
user satisfaction; and
Whether the State is willing to (a) participate in
subsequent technology transfer and information dissemination activities
associated with the project(s). Examples of such activities include
conducting an ``open house'' for highway practitioners on the project,
providing information to the FHWA for success stories, and providing
briefings to the FHWA and general public on the success of the
technology and process used; (b) provide information needed by HfL to
evaluate the project and innovations (costs incurred as a result of
supplying this information to FHWA would be an eligible project
expense); and (c) accept FHWA Division Office oversight if the project
is approved by HfL.
Project Selection and Evaluation
Section 1502(b)(4) of SAFETEA-LU establishes the selection criteria
for approving projects for participation in the HfL pilot program. This
criteria requires the Secretary to give priority to projects that:
Address achieving the HfL performance goals for safety,
construction congestion, quality and user satisfaction;
Deliver and deploy innovative technologies, manufacturing
processes, financing, contracting practices, and performance measures
that will demonstrate substantial improvements in safety, congestion,
quality, and cost-effectiveness;
Include innovation that will lead to change in the
administration of the State's transportation program to more quickly
construct long-lasting, high-quality, cost-effective projects that
improve safety and reduce congestion; and
Are or will be ready for construction within one year of
approval of the project application. For purposes of the HfL program,
the FHWA considers a project to be ``ready for construction'' when the
FHWA Division Office concurs in awarding the project.
In addition, the Secretary will also give priority to projects
where the State demonstrates a willingness to participate in subsequent
technology transfer and information dissemination activities associated
with the project(s).
HfL project applications will be evaluated and recommendations for
selection made to the Secretary of Transportation. The evaluation
committee will be composed of FHWA staff who will evaluate project
applications based on the priorities noted above.
Number of Projects
Section 1502 establishes a maximum of 15 projects per year that may
receive HfL funding. In considering such factors as the purpose and
scope of the program available funding and the various associated costs
and activities needed for each HfL construction project to contribute
to the desired outcome, it is proposed that the total number of HfL
projects be kept at 15 per year, with the understanding that FHWA may
consider adding projects to take advantage of unique opportunities.
Funding
SAFETEA-LU, Section 1101(a)(20) established total program funding
at $75,000,000 through 2009, including $15,000,000 for fiscal year
2006, and $20,000,000 for each of fiscal years 2007 through 2009. This
funding includes incentive grants of up to 20 percent, but not more
than $5 million of the total cost of qualifying demonstration projects.
A maximum of 15 projects may receive incentive funds in any fiscal
year. Up to 100 percent Federal share is also allowed on HfL
demonstration projects. There is a goal of providing funds for at least
one project in each
[[Page 77450]]
State by 2009. A State may also use up to 10 percent of its National
Highway System, Surface Transportation Program, Congestion Mitigation
and Air Quality Improvement or Interstate Maintenance funds for HfL
eligible projects as matching funds up to 100 percent in any fiscal
year. Based on the level of incentive funding provided in SAFETEA-LU,
it is anticipated that individual project funding levels will be in the
$500,000 to $1,000,000 range per project.
Spending Plan
The majority of the 2006 HfL funding, in the order of 60 percent,
will be used for projects; a significant portion of the funds,
approximately 30 percent, will be used for technology transfer and the
remainder of the funds would be expended on technology partnerships,
information dissemination and stakeholder input and involvement. This
approximate distribution of funds includes the costs for monitoring and
evaluation for each element. The HfL spending plan will be evaluated
yearly and adjusted accordingly.
Accountability
As a means of ensuring appropriate stewardship of public funds, the
HfL program will include several monitoring and evaluation efforts to
measure the effectiveness of the program and projects, as well as
stakeholder input and involvement procedures. Although the individual
activities within the HfL program will require extensive effort and
funding, there will need to be measurements beyond the basic levels of
success or failure of those activities taken individually. The higher
level of evaluation should reflect the primary objective of the program
as a whole: to improve the highway system as indicated by measurement
of safety, construction congestion, quality and user satisfaction on
HfL projects.
Monitor and Evaluation
The FHWA has the lead for monitoring and evaluation of HfL
projects, and would be responsible for data collection, data storage
and access, analysis, and reporting. FHWA personnel and private
contractors will be used for this function. The owners of HfL-funded
projects would supply or provide access to data and information. Costs
associated with these activities are an eligible project expense. The
FHWA Division Offices would serve as points of contact and coordination
between the FHWA's contractor(s) and the State.
The monitoring and evaluation effort will be used to fully describe
and quantify the outputs, results, and outcomes in the goal areas and
to provide an assessment of the benefits derived from the overall
investment. A cost effective economic analysis on HfL projects will be
conducted by the FHWA HfL using economic techniques for measuring and
valuing user cost; this might include but not be limited to Event-Only
Analysis, Life Cycle Cost Analysis or Benefit-Cost Analysis. The
resulting information would serve as a resource to highway program
decision makers on the value of the innovations demonstrated in the HfL
projects, help maintain the momentum needed to achieve the HfL goals,
demonstrate the value of the entire pilot program, and provide the
basis for projecting the benefits gained from expanding such an
approach in the future.
The monitoring and evaluation element would encompass the entire
HfL program. For the HfL projects, information collected prior to,
during, and immediately after construction would include a full array
of highway condition, financing, design, contracting, construction,
operations, and safety data, as well as user statistics and opinions.
The costs, outcomes, impacts, and benefits of the technology
partnerships would also be fully documented. To the extent possible,
information collected for the technology transfer and information
dissemination aspects would include objective measures of the
effectiveness and impact of the individual activities that are
undertaken, in addition to information on the costs of those
activities. The information gathered on the HfL projects, technology
transfer and technology partnerships will also be used in research and
development for the next generation of technologies and innovations and
future technology transfer initiatives.
Stakeholder Input
The HfL stakeholders include highway owners, builders, suppliers,
consultants, academicians, users (commercial motor carriers, motorists,
bicyclist, and pedestrians), and those impacted secondarily by highways
(neighbors and adjacent landowners, receivers of goods shipped over
highways). Through stakeholder input and involvement, the FHWA desires
to refine the approach and implementation of the HfL program as well as
to build ownership for the program. Stakeholder input and involvement
will be an ongoing element of the HfL program in order to evaluate the
progress of the program, consider appropriate redirection in light of
progress, and assess of the overall program results. Stakeholders would
have opportunities to provide input on both the HfL Implementation
plan, and the conduct of the program itself, including:
The HfL performance goals;
Applicable technologies and practices;
Technology partnerships approaches; and
Evaluation of HfL outcomes and benefits including
demonstration projects, technology partnerships, technology transfer
and information dissemination.
The FHWA is considering several stakeholder input and involvement
approaches for the HfL program. Providing information and soliciting
feedback would happen routinely through notices published in the
Federal Register, presentations at highway town hall meetings or
regional forums, and the establishment of a web-based communications
interchange site, or ``Community of Practice'' on the HfL Internet Web
site http://www.fhwa.dot.gov/hfl/.
(Authority: Public Law 109-59 Section 1502, 23 U.S.C. 502 and 23
U.S.C. 315)
Issued on December 23, 2005.
J. Richard Capka,
Acting Federal Highway Administrator.
[FR Doc. E5-8107 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-22-P