[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Pages 68297-68298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26145]



Federal Highway Administration

[Docket No. FHWA-2021-0021]

Infrastructure and Investment Jobs Act Request for Information

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

ACTION: Notice; request for information (RFI).


SUMMARY: FHWA seeks public input on the implementation of the 
Infrastructure and Investment Jobs Act.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit all comments by only one of the following ways:
    [ssquf] Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting 
    [ssquf] Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590-
    [ssquf] Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE, Washington, DC 20590-0001, between 9 a.m. and 
5 p.m. e.t., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    [ssquf] Instructions: You must include the agency name and the 
docket number, FHWA-2021-0021, at the beginning of your comments. All 
comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
    [ssquf] Privacy Act: Except as provided below, all comments 
received into the docket will be searchable by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477) or at http://www.regulations.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For questions about this RFI, please 
contact Dan Stillson, FHWA Office of Policy, 202-366-9202, or via email 
at [email protected] or email [email protected]. Office hours for 
FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, 
except Federal holidays.


Electronic Access

    A copy of this Notice, all comments received on this Notice, and 
all background material may be viewed online at https://www.regulations.gov using the docket number listed above. Electronic 
retrieval help and guidelines are also available at https://www.regulations.gov. An electronic copy of this document may be 
downloaded from the Office of the Federal Register's website at: 
www.FederalRegister.gov and the Government Publishing Office's database 
at: www.GovInfo.gov.


    On November 15, 2021, President Joseph R. Biden, Jr. signed the 
Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure 
Investment and Jobs Act, Public Law 117-58 (Nov. 15, 2021). The BIL is 
a once-in-a-generation investment in infrastructure, which will grow 
the economy, enhance U.S. competitiveness in the world, create good 
jobs, and make the U.S. economy more sustainable, resilient, and 
equitable. It includes the largest dedicated bridge investment since 
the construction of the Interstate System, and the largest investment 
in electric vehicle charging infrastructure in history. Specific to 
FHWA, the BIL provides more than $350 billion over 5 fiscal years (FY 
22-26) for surface transportation programs. This represents, on an 
average annual basis, nearly 29 percent more Federal-aid funding for 
highway programs and activities than under prior law, and it also 
establishes more than a dozen new highway programs.
    The BIL focuses on investing in safety, bridges, equity and 
reconnecting communities, addressing climate change, and promoting 
resilience. In addition, there are several new programs offering new 
opportunities for local governments and other non-traditional entities 
to receive highway funding. More information on the BIL can be located 
at www.whitehouse.gov or at www.congress.gov/bill/117th-congress/house-bill/3684.
    In order to make the most of the BIL's historic investment and 
opportunities, FHWA is seeking your input on the FHWA-related sections 
of the BIL. Most of those provisions are contained in Title I of 
Division A and in Title VIII of Division J. Through this RFI, FHWA is 
soliciting information and suggestions from the public and a broad 
array of stakeholders across public and private sectors on how best to 
facilitate FHWA's implementation of the BIL.

Request for Information

    This RFI is intended to solicit information on: (i) Potential 
opportunities and challenges for implementing new BIL programs; (ii) 
potential opportunities and challenges for implementing existing 
programs modified by the BIL; (iii) solutions or suggestions as to how 
FHWA might implement the BIL; (iv) necessity for additional guidance, 
FAQs, or program changes; and (v) areas requiring new and continued 

Content of Comments

    The Department will review all comments submitted to the docket 
associated with this Notice, FHWA-2021-0021. To maximize useful 
comments, FHWA encourages commenters to provide the following 
    1. Specific Reference. A specific reference to the section number 
of the BIL that the comment discusses (and the associated section of 
the U.S. Code that

[[Page 68298]]

the bill amends, if applicable). A specific reference will assist FHWA 
in identifying the requirements and relevant documentation that may 
describe the legislative history of the requirements.
    2. Detailed description of the action you think FHWA should take in 
response to the opportunity or challenge identified.
    3. Detailed information that you think FHWA should consider while 
implementing the provision(s).

Scope of Comments

    Although FHWA is seeking comments on the new programs and other 
changes in the BIL, FHWA is particularly interested in any comments on 
how best it can implement highway formula programs continued by the 
BIL. For example, the BIL continues the Surface Transportation Block 
Program, with some additional eligibilities, under 23 U.S.C. 133. The 
FHWA is interested not only in comments on the new eligibilities, but 
also if there are additional opportunities to make improvements or 
changes to the existing program as FHWA implements the BIL. The same 
goes for other existing programs such as the National Highway 
Performance Program, the Highway Safety Improvement Program, the 
National Highway Freight Program, and the Congestion Mitigation and Air 
Quality Improvement Program.
    Although FHWA is seeking public input on the implementation of the 
BIL, it will issue guidance and begin other activities related to 
implementation while this docket remains open.
    Under this Notice, FHWA is not soliciting petitions for rulemaking 
or comments on any ongoing rulemaking action.

Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2021-26145 Filed 11-30-21; 8:45 am]