Fixing America's Surface Transportation Act or "FAST Act"

January 2016

• Issued Notice of Apportionment of Federal-Aid Highway Program Funds

  On January 8, FHWA got money out the door by distributing (via an apportionment notice) 92% of its FY16 FAST Act funding by formula to let states know what resources they have so they can put the formula dollars to use. On February 17, FHWA released supplementary funding tables to provide additional detail on this funding.

• Developed (and Presented) Summary of FAST Act Highway Provisions

  FHWA summarized (in PowerPoint format) the FAST Act’s highway provisions and made it publicly available. FHWA staff across the country presented this material to a wide range of audiences, including Division Offices who are on the front lines answering stakeholder questions.

• Issued Initial FAST Act Guidance

  FHWA began publishing guidance on FAST Act topics. One notable example was meeting the 60-day statutory deadline to issue guidance related to indexing the dollar level that triggers a "categorical exclusion" from some federal environmental review requirements for projects with limited federal assistance.

February 2016

• Posted Fact Sheets on FAST Act Highway Provisions

  In February, FHWA posted nearly 30 fact sheets detailing the FAST Act’s highway programs and provisions. These fact sheets help inform the public, our state partners and others about new FAST Act initiatives and changes that it made to existing FHWA programs and policies.

• Issued Guidance on the New National Highway Freight Program

  FHWA acted quickly to issue guidance on the new National Highway Freight Program— the first federal highway formula program dedicated to freight projects.

• Issued Guidance on FAST Act Truck Size and Weight Provisions

  FHWA posted guidance to ensure accurate and consistent implementation of federal truck size and weight requirements.

• Issued Safety Guidance and Q&As

  FHWA issued guidance and answers to questions clarifying eligibility under the Highway Safety Improvement Program (HSIP), a core Federal-aid program with the purpose of achieving a significant reduction in fatalities and serious injuries on all public roads, including non-state-owned public roads and roads on tribal land.

• Issued Guidance Memo on the National Highway System

  In advance of a 90-day requirement under the FAST Act, FHWA issued a memo directing its Division Offices to work with their respective state departments of transportation that request assistance in reviewing classification of, and modifications to, certain roads on the National Highway System (NHS).

March 2016

• Issued Guidance on Other Key Highway Formula Programs

  With the publication of guidance on the National Highway Performance Program, the Surface Transportation Block Grant Program, and several aspects of the Highway Safety Improvement Program in March, FHWA issued guidance on 4 of the 6 large-scale, core highway formula programs in just over three months since the FAST Act became law.

• Called for Applications for Two Competitive Grant Programs

  FHWA requested applications for two new programs under the FAST Act.

  The first is the Advanced Transportation and Congestion Management Technologies Deployment Initiative, which will fund cutting-edge transportation improvement technologies that will improve safety, efficiency, system performance, and infrastructure return on investment. Applications are due by June 3, 2016.

  The second is the Surface Transportation System Funding Alternatives Program, which will support state efforts to demonstrate innovative and alternative ways to fund surface transportation and to help sustain the long-term solvency of the Highway Trust Fund. Applications are due by May 20, 2016.

• Issued Two Final Rules Related to Safety

  FHWA issued two Final Rules related to highway safety: the Final Rule for the Highway Safety Improvement Program and the Final Rule for safety performance measures. Together, these regulations will improve data, foster transparency and accountability, and guide states and MPOs as they establish safety performance targets and put federal dollars to use to help reduce highway deaths and injuries, including those among people walking and bicycling. FHWA streamlined its rulemaking efforts by incorporating FAST Act changes into two ongoing rulemakings instead of undertaking new rulemakings.

• Encouraged and Emphasized Efforts to Support Pollinators

  In harmony with the FAST Act’s new emphasis on efforts to support bees and other pollinators, FHWA directed its Division Offices to share with their state partners FHWA’s newly-developed resources that, among other things, identify best management practices for managing roadside vegetation to reduce harm to pollinators, and to work with their state partners to promote efforts focused on expanding and improving pollinator habitat on transportation assets across the country.

April 2016

• Developed and Posted a Comprehensive Summary of the FAST Act Highway Provisions

  FHWA drafted and released a comprehensive summary of highway-specific provisions in the FAST Act. This summary—almost 15 pages in length—offers the public and stakeholders a broad overview of the FAST Act’s key features, including discussions on how the FAST Act improves mobility on America’s highways, creates jobs and supports economic growth, accelerates project delivery, and promotes innovation.

• Developed and Posted Additional Fact Sheets on FAST Act Highway Provisions

  FHWA added to the count 5 additional fact sheets on FAST Act highway programs and provisions. These fact sheets seek to continue informing the public and our state partners on the FAST Act’s impacts on existing FHWA programs and policies. These fact sheets cover tolling and high-occupancy vehicles, design standards, intelligent transportation systems, performance management, and the statewide and nonmetropolitan planning process.

• Developed and Issued Extensive Safety Guidance

  On April 22, FHWA issued its comprehensive Highway Safety Improvement Program (HSIP) implementation guidance. This guidance is designed to support the implementation of the Final Rule for the HSIP and the Final Rule for Safety Performance Management Measures that became effective on April 14, 2016. This guidance–over 60 pages in length–provides states with the information needed to implement successfully this core FHWA program designed to achieve a significant reduction in fatalities and serious injuries on all public roads.

• Developed Additional Guidance on the New National Highway Freight Program (NHFP)

  FHWA created additional guidance to complement its already thorough implementation guidance on the new NHFP – the first federal highway formula program dedicated to freight projects. This additional guidance covers the designation of critical rural and urban freight corridors and includes 15 questions and answers, as well as templates that states or MPOs can use in the development of materials to comply with FAST Act requirements.

• Issued Guidance on Three Finance Topics Under the FAST Act

  FHWA’s Chief Financial Officer issued guidance on three finance-related topics under the FAST Act, including funding and apportionments, obligation limitation, and the transferability of apportioned funds between programs. Combined, these documents include over 20 questions and answers, and provide states and others with vital financial information on key FHWA programs such as the Highway Safety Improvement Program (HSIP) and Surface Transportation Block Grant Program (STBG).

• Developed and Issued Guidance on the Suballocation of Apportioned Federal-Aid Highway Program Funds

  FHWA issued questions and answers on the FAST Act-required suballocation of annual state apportionment under the Surface Transportation Block Grant (STBG) Program and the set-aside from the STBG for Transportation Alternatives to areas within states based on their relative share of the total population. This guidance will assist states and MPOs in understanding how these apportioned federal dollars are suballocated, and who makes the decisions on the use of suballocated funds.

• Issued Guidance on Highway Research, Technology Deployment, and Education (RT&E)

  FHWA issued guidance on Highway RT&E. This guidance provides transparency in how and when highway research funding is distributed, and it details the FAST Act’s impact on State Planning and Research funds, RT&E program funds, the Advanced Transportation and Congestion Management Technologies Deployment program, and other research activities.

• Issued Cross-Modal Guidance on Efficient Environmental Reviews for Project Decisionmaking

  FHWA collaborated with the Federal Railroad Administration (FRA) and the Federal Transit Administration (FTA) to develop questions and answers on the applicability of the FAST Act’s changes to the Section 139 environmental review process to FHWA, FRA, and FTA projects.

May 2016

• Issued Comprehensive Guidance on the Transportation Alternatives (TA) Set-Aside

  FHWA developed and released comprehensive implementation guidance for the TA Set-Aside. This guidance provides states, MPOs, and the public with detailed information on the TA Set-Aside, including a thorough discussion of eligible projects, such as pedestrian and bicycle facilities, recreational trails, safe routes to school projects, and community improvements.

• Issued Guidance on Emergency Relief for Federally Owned Roads

  FHWA’s Office of Federal Lands Highway issued guidance for the Emergency Relief for Federally Owned Roads (ERFO) Program. This guidance details the FAST Act’s changes to the ERFO Program, which was established to assist federal agencies with the repair or reconstruction of tribal transportation and federal lands transportation facilities, and other federally owned roads open to public travel, found to have suffered serious damage by certain disasters.

• Updated and Reissued Existing Guidance Related to Older Drivers and Pedestrians

  FHWA updated and reissued existing guidance on the Highway Safety Improvement Program’s Special Rule for Older Drivers and Pedestrians, which was created by MAP-21 and continued under the FAST Act. Notably, this guidance clarifies the circumstances in which the Special Rule applies to states, and offers considerations for states in implementing the Special Rule to address increases in older driver and pedestrian fatal and serious injuries rates.

• Issued Final Rule and Guidance Related to Categorical Exclusions Under NEPA

  FHWA and FTA published a Final Rule amending FHWA and FTA categorical exclusions (CEs) for projects receiving limited federal assistance. In the Final Rule, FHWA simultaneously implemented a FAST Act requirement that FHWA revise its regulation on programmatic agreements for CEs, which allows state departments of transportation to make CE determinations under NEPA on FHWA’s behalf, and in turn, produces time savings in the project delivery process. FHWA separately issued guidance and a model programmatic CE agreement template to assist practitioners in drafting CE agreements that meet statutory and regulatory requirements.

June 2016

• Issued Implementation Guidance Related to Federal Lands Programs

  FHWA issued implementation guidance on the Federal Lands Access Program (FLAP) and Federal Lands Planning Program (FLPP), providing states, locals, and FHWA’s federal partners with the information necessary to implement both programs successfully. FLAP provides funds to supplement state and local resources for public roads, transit systems, and other transportation facilities, with an emphasis on high-use recreational sites and economic generators. FLPP funds assist with transportation planning for federal lands and tribal transportation facilities consistent with statewide and metropolitan transportation planning procedures.

• Issued Additional Guidance on the Highway Safety Improvement Program

  FHWA issued additional questions and answers on the Highway Safety Improvement Program (HSIP), the federal-aid highway program aimed at achieving a significant reduction in traffic fatalities and serious injuries on all public roads. The added guidance discusses, among other topics, activities that are eligible for funding under HSIP if program requirements are met, including Safe Routes to School activities and projects to maintain minimum levels of retroreflectivity for traffic signs and pavement markings.

• Issued Guidance on the Relinquishment of Park-and-Ride Lots

  FHWA issued guidance for the new option for a state transportation agency to relinquish a park-and-ride lot facility to a local government agency for highway purposes. The guidance provides the laws, regulations, and process that apply when relinquishing such facilities.

July 2016

• Issued Notice of Funding Opportunity for Tribal Transportation Program Safety Funds

  On July 18, FHWA issued a notice in the Federal Register announcing funding opportunity and requesting grant applications for the agency’s Tribal Transportation Program Safety Funds (TTPSF). The TTPSF, authorized within the Tribal Transportation Program (TTP) under the FAST Act, is intended to prevent and reduce deaths or serious injuries in transportation-related crashes on tribal lands where statistics are consistently higher than the rest of the nation as a whole. Since TTPSF’s creation, FHWA has awarded $17.1 million to 336 Indian tribes for 337 projects. Applications for TTPSF must be submitted no later than September 16, 2016.

• Issued Solicitation for Nominations of Alternative Fuel Corridors

  On July 22, FHWA issued a notice inviting state and local officials to nominate national electric vehicle (EV) charging, hydrogen, propane, and natural gas fueling corridors to assist FHWA in designating such corridors under the FAST Act. Based on the criteria outlined in its solicitation, FHWA will designate alternative fuel corridors with the purpose of improving mobility of passenger and commercial vehicles that employ alternative fueling technologies across the U.S. Nominations must be received on or before August 22, 2016.

August 2016

• Issued Q&As on Increased Federal Share for Project-Level Innovation

  On August 15, FHWA issued questions and answers on section 120(c)(3) of title 23, United States Code, which provides the option of an increased Federal share for projects using innovative project delivery methods. This provision, first established by MAP-21 and amended by the FAST Act, builds on FHWA's Every Day Counts initiative (EDC). EDC is designed to identify and deploy innovation aimed at shortening project delivery, enhancing the safety of our roadways, and protecting the environment. The increased Federal share for innovative techniques will incentivize use of such innovation to help deliver projects more efficiently and to deploy rapidly proven solutions that make a difference.

• Issued Bicycle and Pedestrian Funding Opportunities Table

  FHWA issued a table on August 12, 2016, highlighting potential eligibilities for pedestrian and bicycle projects under U.S. Department of Transportation surface transportation funding programs. This table provides stakeholders a consolidated view of opportunities to use transit, highway, and safety funds for a wide variety of bicycle and pedestrian projects.

• Issued Interim Guidance Related to the Elimination of Barriers to Improve At-Risk Bridges

  On August 17, 2016, FHWA issued guidance pertaining to section 1439 of the FAST Act, which temporarily authorizes, under the Migratory Bird Treaty Act, the taking of nesting swallows between April 1 and August 31 for certain eligible bridge construction projects determined to be "at-risk". This guidance provides information regarding the required procedures for implementation of section 1439. The FHWA developed this guidance in collaboration with the Migratory Bird Program at the U.S. Fish and Wildlife Service.

• Issued Additional Resources to Aid in Implementation of the Safety Performance Measures

  In August, FHWA issued serious injury conversion tables, an MPO safety performance measures fact sheet, a safety performance targets timeline, and guidance providing resources and support for safety performance measures. These newly issued resources will aid stakeholders in implementation of the safety performance measures.

• Public Meetings of Tribal Transportation Self-Governance Committee

  From August 16-18, 2016, the first meetings of the Tribal Transportation Self-Governance Committee were held in Sterling, Virginia. Please see FHWA’s announcement for more details.

September 2016

• Public Meetings of Tribal Transportation Self-Governance Committee

  From September 13-15, 2016, the Tribal Transportation Self-Governance Committee held meetings in Sterling, Virginia. Please see FHWA’s announcement for more details.

• Tribal Transportation Program Safety Funds Applications

  September 16, 2016, was the application deadline for FHWA’s Tribal Transportation Program Safety Funds (TTPSF). The FHWA will now evaluate applications and distribute the funds on a competitive basis. Please see FHWA’s Notice of Funding Opportunity for more details.

• Emergency Route Working Group Nominations

  Nominations for the Emergency Route Working Group (ERWG) were due on September 23, 2016. The ERWG will provide the Secretary of Transportation, through the Administrator of the FHWA, with advice and recommendations for the implementation of best practices for expeditious state approval of special permits for vehicles involved in emergency response and recovery.

• Transfer and Sanction Programs

  The National Highway Traffic Safety Administration published an interim final rule updating the compliance criteria for repeat intoxicated driver laws to reflect section 1414 of the FAST Act and to generally update and improve the clarity of the regulation. This regulation impacts the apportionment of highway funds.

October 2016

• Categorical Exclusion Assignment Program and Surface Transportation Project Delivery Program

  On October 3, FHWA issued Questions and Answers to highlight the new statutory provisions in sections 1307 and 1308 of the FAST Act amending the Categorical Exclusion (CE) Assignment and Surface Transportation Project Delivery Programs (23 U.S.C. §§ 326 and 327, respectively).

• Design Standards Guidance

  On October 6, FHWA issued guidance to implement section 1404 of the FAST Act regarding Design Standards. Flexibility in the design process provides designers with the freedom to develop projects that meet the functional and operational characteristics of drivers, pedestrians, bicyclists, and transit in a way that fits their local context, maintains the desires of and the connections between communities, and is safe for travel. This design standards memorandum and Questions and Answers provide guidance regarding the implementation of provisions contained in the FAST Act that encourage additional flexibility in the design of transportation projects to meet the needs of all users and to improve communities.