[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49193-49195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17761]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / 
Proposed Rules

[[Page 49193]]


Federal Highway Administration

23 CFR Chapter I

[Docket No. FHWA-2016-0002]
RIN 2125-AF70

Tribal Transportation Self-Governance Program; Negotiated 
Rulemaking Proposed Committee Membership and First Meeting

AGENCY: Federal Highway Administration, DOT.

ACTION: Notice of rulemaking committee meeting.


SUMMARY: As required by the Negotiated Rulemaking Act, the Secretary of 
Transportation has selected the proposed members of a committee to 
develop proposed rules for the Tribal Transportation Self-Governance 
Program (TTSGP). Tribes in each of the 12 Bureau of Indian Affairs 
(BIA) Regions, as well as national and regional tribal organizations 
were invited to nominate a primary and alternate representative to 
serve on the committee. After considering the nominations received, the 
Secretary proposes to appoint the persons named in this document as 
committee members. Tribes, tribal organizations, and individual tribal 
members who believe that their interests will not be adequately 
represented by the persons identified in this document may submit 
comments on the proposed selection, apply for membership on the 
committee, or submit other nominations. Additionally, the Agency 
announces that the first meeting of the TTSGP committee will be held 
August 16-18, 2016. The meeting is open to the public.

DATES: Comments on the proposed committee membership to this negotiated 
rulemaking committee must be received no later than August 26, 2016.
    The meeting will be held on August 16-18, 2016, from 8 a.m. to 5 
p.m., ET.

ADDRESSES: The meeting will be held at the Eastern Federal Lands 
Highway Division, Loudoun Tech Center, 21400 Ridgetop Circle, Sterling, 
VA 20166-6511. Attendance is open to the public up to the room's 
capacity. Copies of the TTSPG Committee materials and an agenda will be 
made available in advance of the meeting at https://flh.fhwa.dot.gov/programs/ttp/.
    Send nominations and comments to Mr. Robert Sparrow, Designated 
Federal Official, Federal Highway Administration, Room E61-314, 1200 
New Jersey Ave. SE., Washington, DC 20590. Or email to: [email protected].
    Nominations and comments received by FHWA will be available for 
inspection at the address listed above from 9 a.m. to 4 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Robert W. Sparrow, Designated Federal 
Official, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 
(202) 366-9483 or at [email protected]. Vivian Philbin, Assistant 
Chief Counsel, 12300 West Dakota Avenue, Lakewood, CO 80228. Telephone: 
(720) 963-3445 or at [email protected]. Additional information may 
be posted on the FHWA Tribal Transportation Program Web site at https://flh.fhwa.dot.gov/programs/ttp/ as it comes available.


I. Background

    As required by Section 1121 of the Fixing America's Surface 
Transportation (FAST) Act, the Secretary shall, pursuant to a 
negotiated rulemaking process, develop a Notice of Proposed Rulemaking 
(NPRM) that contains the regulations required to carry the TTSGP. 
Section 1121 also requires that in establishing this committee, the 
Secretary will (1) apply the procedures of negotiated rulemaking under 
subchapter III of chapter 5 of title 5 (the Negotiated Rulemaking Act) 
in a manner that reflects the unique government-to-government 
relationship between the Indian tribes and the United States and (2) 
select the tribal representatives for the committee from among elected 
officials of tribal governments (or their designated employees with 
authority to act on their behalf), acting in their official capacities. 
To the maximum extent possible, FHWA considered geographical location, 
size, and existing transportation and self-governance experience, in 
selecting tribal committee representatives.
    The Secretary invites organizations and individuals to comment on 
the nominations in this document or nominate other persons for 
membership on the committee. The Secretary intends that the proposed 
committee (including any additional members selected) reflect balanced 
interests as follows:
    (1) Members of geographically diverse small, medium, and large 
Indian tribes;
    (2) Members of tribes identified as Self-Governance Tribes in 
transportation or other programs as well as from tribes whose tribes 
have existing Title 23 U.S.C. funding agreements with the Department; 
    (3) Members of tribes with various levels and types of experience 
in the diverse concerns of transportation, management, and leadership.
    On April 25, 2016 (81 FR 24158), FHWA announced its intent to 
establish a negotiated rulemaking committee to negotiate and develop 
proposed regulations to implement Section 1121 of the FAST Act and to 
solicit applications for nominations for membership on the TTSGP 
committee. A total of 33 nominations were received for tribal 
membership to the committee. This included multiple nominations from 
tribes located within 10 of the 12 BIA Regions. Only one nomination was 
received from tribes located within the BIA Midwest Region as well as 
the BIA Rocky Mountain Region. In addition, nominations and letters of 
support were received from national and regional tribal organizations.
    The Secretary has selected 12 primary regional tribal 
representatives, 2 tribal representatives that received backing and 
support from national or regional tribal organization/committees, and 4 
additional tribal representatives based on their experience and 
knowledge as well as to improve the overall diversity of the committee. 
In addition, the Secretary has selected 7 Federal representatives for 
the committee, bringing the total proposed committee membership to 25, 
which meets the requirements of Negotiated Rulemaking Act (5 U.S.C. 
565). Five additional alternate representatives were also selected. 
Generally, tribal members selected to the committee as either

[[Page 49194]]

representing a tribal organization or a Secretarial selection will also 
perform as a regional alternate if required. After careful review of 
all of the individuals nominated to be TTSGP committee members, the 
Secretary of Transportation hereby proposes the following committee 

Federal Representatives

     Robert Sparrow, Designated Federal Official, FHWA, 
Washington, DC.
     Vivian Philbin, Assistant Chief Counsel, FHWA, Lakewood, 
     Basharat Siddiqi, Division Administrator, FHWA, Oklahoma 
City, OK.
     Kenneth Martin, Deputy Assistant Secretary for Tribal 
Government Affairs, Office of the Secretary, USDOT, Washington, DC.
     Elan Flippin, Tribal Transit Program Manager, FTA, 
Washington, DC.
     (TBD), USDOT, Washington, DC.
     LeRoy Gishi, Chief, BIA Division of Transportation, 
Washington, DC.

Primary Tribal Representatives

     ALASKA REGION--Denise Michaels, Director of 
Transportation, Kawerak, Inc., Nome, AK.
     EASTERN REGION--Wesley Woodruff, Facilities Division 
Director, Poarch Band of Creek Indians, Atmore, AL.
     EASTERN OKLAHOMA REGION--Palmer S. Mosely V, Executive 
Officer of Self-Determination, The Chickasaw Nation, Ada, OK.
     GREAT PLAINS REGION--Ron His Horse is Thunder, 
Transportation Director, Standing Rock Sioux Tribe, Ft. Yates, SD.
     MIDWEST REGION--David Conner, Self-Governance Coordinator, 
Red Lake Band of Chippewa Indians, Red Lake, MN.
     NAVAJO REGION--Darryl Bradley, Principal Civil Engineer, 
Navajo Nation, Window Rock, AZ.
     NORTHWEST REGION--Timothy Ballew II, Tribal Chairman, 
Lummi Nation, Bellingham, WA.
     PACIFIC REGION--Michael Hostler, Transportation Director, 
Hoopa Valley Tribe, Hoopa, CA.
     ROCKY MOUNTAIN REGION--John Smith, Transportation 
Director, Eastern Shoshone and Northern Arapaho Tribes' Joint Business 
Council on the Wind River Indian Reservation, Arapahoe, WY.
     SOUTHERN PLAINS REGION--Beverly Edwina Butler Wolfe, 
Governor, Absentee Shawnee Tribe of Oklahoma, Shawnee, OK.
     SOUTHWEST REGION--Joe Garcia, Head Councilman, Ohkay 
Owingeh Pueblo, Ohkay Owingeh, NM.
     WESTERN REGION--Jennifer Lynn Jack, Roads Manager, Salt 
River Pima-Maricopa Indian Community, Scottsdale, AZ.

Other Tribal Representatives

     Mickey Peercy, Executive Director of Self-Governance, 
Choctaw Nation of Oklahoma, Tishomingo, OK, proposed by the DOI Self-
Governance Workgroup.
     Jody Clark, Director--Seneca Nation DOT, Seneca Nation, 
Salamanca, NY, proposed by United Southern and Eastern Tribes (USET). 
Will also act as the Alternate representative for the Eastern Region, 
if required.
     Gerald Hope, Transportation Director, Sitka Tribe of 
Alaska, Sitka, AK. Will also act as the Alternate representative for 
the Alaska Region, if required.
     Karen Woodard, Administrator--Realty, Planning, 
Construction Services and Facilities, Morongo Band of Mission Indians, 
Banning, CA. Will also act as the Alternate representative for the 
Pacific Region, if required.
     Elizabeth Kay Wallace Rhoads, Principal Chief--Sac and Fox 
Nation, Meeker, OK. Will also act as the Alternate representative for 
the Southern Plains Region, if required.
     Royce Gchachu, Transportation Director, Zuni Pueblo, Zuni, 
NM. Will also act as the Alternate representative for the Southwest 
Region, if required.

Alternate Tribal Representatives

     EASTERN OKLAHOMA REGION--Lindsay Earls, Legislative 
Counsel for Government Relations, The Cherokee Nation, Tahlequah, OK.
     GREAT PLAINS REGION--David Kelly, Transportation Director, 
Oglala Sioux Tribe, Pine Ridge, SD.
     NAVAJO REGION--Jonah Begay, GIS Supervisor, Navajo Nation, 
Window Rock, AZ.
     NORTHWEST REGION--Mary Beth Frank-Clark, Transportation 
Planner, Nez Pierce Tribe, Lewiston, ID.
     WESTERN REGION--Octavio Machado, Transit Manager, Ak-Chin 
Indian Community, Maricopa, AZ.
    If you believe that your interests will not be adequately 
represented by any person identified as being a member of the 
committee, you may apply or nominate another person for membership on 
the committee. Each application or nomination must include:
    (1) The name of the nominee.
    (2) The tribal interest(s) to be represented by the nominee (based 
on the interests listed above).
    (3) Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person proposed to 
    (4) The reasons that the proposed members of the committee 
identified in this document do not represent the interests of the 
person submitting the application or nomination.
    (5) Your name, address, telephone number, and the name of the tribe 
or tribal organization with which you are affiliated. To be considered, 
comments and nominations must be received by the close of business on 
August 26, 2016, at the location indicated in the ADDRESSES section.

II. Meeting Participation

    The meeting will be open to the public. Time has been set aside 
during each day of the meeting for members of the public to contribute 
to the discussion and provide oral comments.
    The committee will dedicate a substantial amount of time at the 
first meeting to establishing the rules, procedures, and process of the 
committee, such as outlining the voting rights of the committee members 
and defining the meaning of ``consensus.''

III. Submitting Written Comments

    Members of the public may submit written comments on the topics to 
be considered during the meeting by August 1, 2016, to Federal Docket 
Management System (FDMS) Docket Number FHWA-2016-0002. If you submit a 
comment, please include the docket number for this document (FHWA-2016-
0002). You may submit your comments and material online or by fax, 
mail, or hand delivery, but please use only one of these means. The 
FHWA recommends that you include your name and a mailing address, an 
email address, or a phone number in the body of your document so that 
FHWA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FHWA-2016-0002, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the

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docket number, FHWA-2016-0002, in the keyword box, and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
E.T., Monday through Friday, except Federal holidays.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. The DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 

IV. Future Committee Meetings and Rulemaking Calendar

    Decisions with respect to future meetings will be made at the first 
meeting and from time to time thereafter. Notices of all future 
meetings will be shown on the FHWA TTP Web site at https://flh.fhwa.dot.gov/programs/ttp/ at least 15 calendar days prior to each 
meeting. The FHWA has developed a provisional schedule of committee 
meetings, running through June 2017, which we plan to finalize with the 
committee during the first meeting. The FHWA intends to complete the 
negotiated rulemaking process for the proposed rule within the first 
half of 2017 and to publish a NPRM, followed by a Final Rule in 2018. 
After the conclusion of the committee meetings, the Agency will draft 
the NPRM, which is expected to take approximately 6-8 weeks, depending 
on the degree of consensus on the issues and the supporting data 
developed by the committee. The NPRM will then be reviewed by DOT's 
Office of the Secretary and the Office of Management and Budget (OMB). 
The Agency will then publish the NPRM for public comment. Following the 
close of the public comment period the Agency will evaluate and respond 
to public comments as it drafts a final rule, which will also undergo 
Departmental and OMB review. Although the time needed to address public 
comments to an NPRM that has been developed through a successful 
negotiated rulemaking process is typically shorter than for rules 
conducted through the ordinary informal notice and comment process, the 
Agency must nonetheless address substantive public comments in the 
final rule, in accordance with the Administrative Procedure Act. While 
the Agency cannot state with certainty the time required to complete 
the negotiated rulemaking process and notice and comment rulemaking, 
the target date for publication of an NPRM is September 2017.

    Issued on: July 21, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-17761 Filed 7-26-16; 8:45 am]