Notice2024-05934
Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation Discretionary Program Metrics
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Published
March 21, 2024
Issuing agencies
Transportation DepartmentFederal Highway Administration
Abstract
The FHWA is establishing metrics for the purpose of evaluating the effectiveness and impacts of projects under the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Discretionary Grant Program. The FHWA will select a representative sample of projects to evaluate using these metrics. This notice fulfills FHWA's requirement to publish the proposed metrics in the Federal Register for public comment.
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<title>Federal Register, Volume 89 Issue 56 (Thursday, March 21, 2024)</title>
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[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Notices]
[Pages 20290-20295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05934]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No.: FHWA-2023-0002]
Promoting Resilient Operations for Transformative, Efficient, and
Cost-Saving Transportation Discretionary Program Metrics
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice; request for comments.
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SUMMARY: The FHWA is establishing metrics for the purpose of evaluating
the effectiveness and impacts of projects under the Promoting Resilient
Operations for Transformative, Efficient, and Cost-Saving
Transportation (PROTECT) Discretionary Grant Program. The FHWA will
select a representative sample of projects to evaluate using these
metrics. This notice fulfills FHWA's requirement to publish the
proposed metrics in the Federal Register for public comment.
DATES: Submit comments on the proposed metrics by May 20, 2024.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
[[Page 20291]]
please submit comments by only one of the following means:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for submitting comments.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590;
<bullet> Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and
5:00 p.m. ET, Monday through Friday, except Federal holidays. The
telephone number is (202) 366-9329;
<bullet> Instructions: You must include the Agency name and docket
number for the notice at the beginning of your comments. All comments
received will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Rebecca Lupes, Office of Natural
Environment; <a href="/cdn-cgi/l/email-protection#50023532353333317e1c2520352310343f247e373f26"><span class="__cf_email__" data-cfemail="297b4c4b4c4a4a4807655c594c5a694d465d074e465f">[email protected]</span></a>, 202-366-7808, 1200 New Jersey
Avenue SE, Washington, DC 20590, or Alla C. Shaw, Esq. HCC-30,
<a href="/cdn-cgi/l/email-protection#ffbe93939ed1ac979e88bf9b908bd1989089"><span class="__cf_email__" data-cfemail="96d7fafaf7b8c5fef7e1d6f2f9e2b8f1f9e0">[email protected]</span></a>, (202) 366-1042, Room E84-463, 1200 New Jersey Avenue
SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 2021, the President signed the Infrastructure
Investment and Jobs Act (IIJA) (Pub. L. 117-58, also known as the
``Bipartisan Infrastructure Law'' (BIL)) into law.
Section 11405 of the BIL established the PROTECT Formula and
Discretionary Grant Programs, which are codified in section 176 of
Title 23, United States Code (U.S.C). Although both the PROTECT Formula
and Discretionary Grant Programs share common activities, this notice
focuses only on the discretionary grants authorized under 23 U.S.C.
176(d). Under 23 U.S.C. 176(f), FHWA is directed to establish metrics
for the purpose of evaluating the effectiveness and impacts of PROTECT
Discretionary Grant Program-funded projects and procedures for
monitoring and evaluating projects based on those metrics. The FHWA is
also required to select a representative sample of projects to be
evaluated based on these metrics and procedures. This notice provides
an opportunity for public comment on the proposed metrics before they
are adopted. (23 U.S.C. 176(f)(2)). The FHWA may adjust these metrics
based on feedback from this notice and from grant recipients, as well
as FHWA's assessment of analytical and data challenges and ongoing
assessment of the utility of each measure.
The vision of the PROTECT Discretionary Grant Program is to fund
projects that address the climate crisis by improving the resilience of
the surface transportation system, including highways, public
transportation, ports, and intercity passenger rail. Projects selected
under this program should be grounded in the best available scientific
understanding of climate change risks, impacts, and vulnerabilities.
Projects should support the continued operation or rapid recovery of
crucial local, regional, or national surface transportation facilities.
Furthermore, selected projects should utilize innovative and
collaborative approaches to risk reduction, including the use of
natural infrastructure, which is explicitly eligible under the program.
Natural infrastructure (also called nature-based solutions) strategies
include conservation, restoration, or construction of riparian and
streambed treatments, marshes, wetlands, native vegetation, stormwater
bioswales, breakwaters, reefs, dunes, parks, urban forests, and shade
trees. Nature-based solutions reduce flood risks, erosion, wave damage,
and heat impacts while also creating habitat, filtering pollutants, and
providing recreational benefits. Projects in the PROTECT Discretionary
Grant Program have the potential to demonstrate innovation in the area
of resiliency and best practices that State and local governments in
other parts of the country can consider replicating.
By funding projects that improve resilience to natural hazards and
climate change impacts, the PROTECT Discretionary Grant Program aims to
reduce damage and disruption to the transportation system, improve the
safety of the traveling public, and improve equity by addressing the
needs of disadvantaged communities that are often the most vulnerable
to hazards. The FHWA will seek to award projects to communities that
demonstrate a strong need for the funding. The program also includes
set asides for rural communities and Indian Tribes.
Under the PROTECT Discretionary Grant Program, similar to the
PROTECT Formula Program, grant funds may only be used for activities
that are primarily for the purpose of resilience or inherently
resilience-related.
There are four categories of funding under the PROTECT
Discretionary Grant Program. One category is for Planning Grants. The
other three categories are for Resilience Improvement, Community
Resilience and Evacuation Routes, and At-Risk Coastal Infrastructure
projects, collectively referred to as Resilience Grants. The FHWA is
seeking input on proposed performance metrics that will enable the
Agency to measure the impact and effectiveness of a representative
sample of grant projects funded under the PROTECT Discretionary Grant
Program. Proposed metrics are located in Section II of this notice.
Definitions
<bullet> Baseline refers to the observed level of performance for a
specified timeframe from which implementation begins, improvement is
judged, or comparison is made.\1\
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\1\ For the purpose of this notice, FHWA is utilizing
definitions for the performance management terms ``baseline'',
``goal'', ``performance measure'', and ``metric'' from the FHWA
Transportation Performance Management (TPM) Guidebook available at
<a href="https://www.tpmtools.org/guidebook/">https://www.tpmtools.org/guidebook/</a>.
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<bullet> Goal is a broad statement of a desired end condition or
outcome; a unique piece of the Agency's vision.
<bullet> Performance Measures are quantifiable and are based upon a
defined metric used to track progress toward goals, objectives, and
achievement of established targets. They should be manageable,
sustainable, and based on collaboration with partners. Measures provide
an effective basis for evaluating strategies for performance
improvement.
<bullet> Metric is an indicator of performance or condition.
<bullet> Effectiveness refers to the extent to which a project is
achieving one or more of the PROTECT Discretionary Grant Program
objectives.\2\
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\2\ The FHWA is utilizing a variation of the U.S. Government
Accountability Office's (GAO) definitions for the terms
``effectiveness'' and ``impact.'' See GAO. Program Evaluation Key
Terms and Concepts. GAO-21-404SP (2021), available at <a href="https://www.gao.gov/assets/gao-21-404sp.pdf">https://www.gao.gov/assets/gao-21-404sp.pdf</a>.
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<bullet> Impact refers to a valuation of a project's outcomes,
including estimating what would have happened in the absence of the
project.
<bullet> Robustness refers to the strength, or the ability of
elements, systems, and other measures of analysis to withstand a given
level of stress or demand without suffering degradation or loss of
function.\3\
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\3\ The FHWA is utilizing Bruneau et.al.'s definitions for the
terms ``Robustness'', ``Redundancy'', ``Resourcefulness'' and
``Rapidity''. See: Bruneau, M., SE Chang, R.T. Eguchi, G.C. Lee,
T.D. O'Rourke, A.M. Reinhorn, M. Shinozuka, K. Tierney, W.A.
Wallace, and D.V. Winterfeldt. 2003. ``A Framework to Quantitatively
Assess and Enhance the Seismic Resilience of Communities.''
Earthquake Spectra 19:733-752.
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<bullet> Redundancy is the extent to which elements, systems, or
other measures of analysis exist that are substitutable, i.e.,
[[Page 20292]]
capable of satisfying functional requirements in the event of
disruption, degradation, or loss of functionality.
<bullet> Resourcefulness refers to the capacity to identify
problems, establish priorities, and mobilize resources when conditions
exist that threatens to disrupt some element, system, or other measures
of analysis.
<bullet> Rapidity is the capacity to meet priorities and achieve
goals in a timely manner in order to contain losses, recover
functionality and avoid future disruption.
Areas Where FHWA Is Seeking Input
<bullet> Number and detail of proposed metrics. The FHWA seeks
comment on the number and level of detail of the proposed metrics.
<bullet> Data availability. The FHWA is seeking comment regarding
the extent to which data resources are readily available to support the
proposed metrics.
<bullet> Decision support. The FHWA intends for the proposed
metrics to provide useful and timely data to inform transportation
decision-making. The FHWA seeks comment on how data collected and
published by the Agency may later be utilized by State departments of
transportation, metropolitan planning organizations, cities, Tribes,
and other stakeholders to deepen the understanding of resilience.
<bullet> Reporting burden. The FHWA seeks general comments on
reporting burden associated with FHWA's collection of resilience metric
data on the projects FHWA selects to monitor, especially PROTECT
Discretionary Program Grant projects located in disadvantaged or
environmental justice communities.
II. Project Metrics
a. Planning Grants
The purpose of PROTECT Discretionary Grant Program Planning Grants
is to enable communities to assess vulnerabilities to current and
future weather events and natural disasters and changing conditions,
including sea level rise, and plan transportation improvements and
emergency response strategies to address those vulnerabilities (23
U.S.C. 176(b)(2)(B)). To assess the effectiveness and impact of
projects in fulfilling this purpose, FHWA established the program
objectives and performance measures identified in Table 1. The FHWA
will monitor progress made on each applicable performance measure using
the associated metrics in Table 1.
Table 1--PROTECT Planning Grant Performance Metrics
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Aligned DOT Program Performance Performance
ID# strategic goal objective Applicability measure metric Data source
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P1....... Climate & Integrate Planning....... Grant recipient Number of grant FHWA interviews
Sustainability. resilience in plans that recipient and the Grant
transportation integrate partner plans recipient to
planning and resilience to that integrate obtain this
programming. ensure resilience to local/self-
alignment with ensure reported data.
long range alignment with
transportation long range
plans (State transportation
or plans (State
metropolitan). or
metropolitan).
P2....... Climate & Integrate Planning....... Grant recipient Number and type FHWA interviews
Sustainability. resilience in procured or of tools the Grant
transportation utilized tools procured or recipient to
planning and for resilience utilized for obtain this
programming. related resilience local/self-
planning related reported data.
analysis to planning
assess hazard analysis to
severity, assess hazard
duration, and severity,
recovery of duration, and
hazard events. recovery of
hazard events.
P3....... Climate & Integrate Planning....... Public Number and type FHWA interviews
Sustainability. resilience in involvement of public the Grant
transportation processes involvement recipient to
planning and (e.g., events processes obtain this
programming. or documents) (e.g., events local/self-
where or documents) reported data.
resilience and where
resilience resilience and
related topics resilience
are discussed. related topics
are discussed.
P4....... Climate & Integrate Planning....... Scenario Qualitative FHWA interviews
Sustainability. resilience in Planning description of the Grant
transportation analyses that how resilience recipient to
planning and include has been obtain this
programming. resilience. incorporated local/self-
into scenario reported data.
planning
processes and
analyses and
how results
have been used.
P5....... Climate & Improve Planning....... Grant recipient Number of FHWA interviews
Sustainability. evacuation and partner evacuation- the Grant
planning and evacuation related plans, recipient to
emergency plans tools, or obtain this
management incorporated procedures local/self-
preparations. into an incorporated reported data.
agency's into Grant
overall recipient's
processes or overall
policies. processes or
policies.
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b. Resilience Grants
The metrics in Table 2 will apply to the three PROTECT
Discretionary Program Resilience Grant categories that fund
construction: Resilience Improvement Grants, Community Resilience &
Evacuation Route Grants, and At-Risk Coastal Infrastructure Grants. The
FHWA will use these metrics to assess the effectiveness and impact of
projects in fulfilling the statutory purpose for these three grant
types, which are described below.
i. Resilience Improvement Grants
An eligible entity may use a resilience improvement grant for one
or more construction activities to improve the ability of an existing
surface transportation asset to withstand one or more elements of a
weather event or natural disaster, or to increase the resilience of
surface transportation infrastructure from the impacts of changing
conditions, such as sea level rise, flooding, wildfires, extreme
weather events, and other natural disasters. (23 U.S.C.
176(d)(4)(A)(ii)(I)).
ii. Community Resilience and Evacuation Route Grants
An eligible entity may use a community resilience and evacuation
route grant for one or more projects that strengthen and protect
evacuation routes that are essential for providing and supporting
evacuations caused by emergency events. (23 U.S.C. 176(d)(4)(B)(ii)(I-
III)).
iii. At-Risk Coastal Infrastructure Grants
An eligible entity may use an at-risk coastal infrastructure grant
for strengthening, stabilizing, hardening, elevating, relocating, or
otherwise
[[Page 20293]]
enhancing the resilience of highway and non-rail infrastructure,
including bridges, roads, pedestrian walkways, and bicycle lanes, and
associated infrastructure, such as culverts and tide gates to protect
highways, that are subject to, or face increased long-term future risks
of, a weather event, a natural disaster, or changing conditions,
including coastal flooding, coastal erosion, wave action, storm surge,
or sea level rise, in order to improve transportation and public safety
and to reduce costs by avoiding larger future maintenance or rebuilding
costs. (23 U.S.C. 176(d)(4)(C)(iii)).
iv. Resilience Grant Performance Metrics
Table 2 below lists proposed metrics that will be used on a subset
of PROTECT Discretionary Grant Program Resilience Grant projects FHWA
selects to monitor. For all selected projects, FHWA will assess
vulnerability and whether the resilience improvement reduced exposure
or sensitivity or increased adaptive capacity of the surface
transportation asset. The FHWA will monitor progress made on each
applicable program objective using the performance measures and metrics
in Table 2. When collecting data on these projects, FHWA may consider
how likely it is that specific hazards will occur (probability) as well
as the consequences of an event occurring. Where possible, FHWA will
request pre- and post- event data to help assess project effectiveness.
For projects that require a baseline year measurement, FHWA will
consult with the recipient to determine an appropriate baseline year to
best measure effectiveness and impact.
v. Four ``R'' Components of Resilience
The FHWA proposes to evaluate the effectiveness of a representative
sample of Resilience Grant projects against the ``Four R'' components
of resilience: Robustness; Redundancy; Resourcefulness; and
Rapidity.\4\
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\4\ Bruneau, M., SE Chang, R.T. Eguchi, G.C. Lee, T.D. O'Rourke,
A.M. Reinhorn, M. Shinozuka, K. Tierney, W.A. Wallace, and D.V.
Winterfeldt. 2003. ``A Framework to Quantitatively Assess and
Enhance the Seismic Resilience of Communities.'' Earthquake Spectra
19:733-752.
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vi. Equity Metrics
The FHWA will collect socioeconomic data from the representative
sample of Resilience Grant projects to evaluate the effectiveness and
impacts of those projects on underserved and disadvantaged communities.
The FHWA will identify disadvantaged communities using the Climate and
Economic Justice Screening Tool, available here: <a href="https://screeningtool.geoplatform.gov/en/">https://screeningtool.geoplatform.gov/en/</a>, and DOT's transportation
disadvantage tool, available here: <a href="https://www.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a_">https://www.arcgis.com/apps/dashboards/d6f90dfcc8b44525b04c7ce748a3674a_</a>.
vii. Metrics Specific to Certain Hazard and/or Project Types
The column titled ``applicability'' in Table 2 indicates whether a
metric applies only to a specific hazard or project type. The FHWA will
apply each metric on projects selected for monitoring based on project
scope, applicable activities, etc. Because of the specific focus on
nature-based solutions (NBS) in the PROTECT Discretionary Program, for
example, some metrics are designed to only apply to projects installing
NBS.
Table 2--Proposed PROTECT Resilience Grant Metrics
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Aligned DOT Program Performance Performance
ID# strategic goal objective Applicability measure metric Data source
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Equity Measures
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R1....... Equity.......... Increase All selected Disadvantaged Number of FHWA may use
transportation projects. or underserved people from the Climate
system communities disadvantaged and Economic
effectiveness with improved or underserved Justice
and access to communities in Screening
reliability critical the project Tool. In
for all users. services, area with addition, FHWA
facilities, or improved may interview
evacuation access (post the Grant
routes. construction) recipient to
to critical obtain data.
services,
facilities, or
evacuation
routes.
R2....... Equity.......... Increase All selected Disadvantaged Reduction in FHWA may use
transportation projects. or underserved number of the Climate
system communities people from and Economic
effectiveness affected by disadvantaged Justice
and hazard- or underserved Screening
reliability impacted communities in Tool. In
for all users. transportation the project addition, FHWA
infrastructure. area affected may interview
by hazard- the Grant
impacted recipient to
transportation obtain data.
infrastructure.
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ROBUSTNESS MEASURES
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R3....... Climate and Improve All selected Improved Change in Life FHWA conducts
Sustainability. transportation projects. performance Cycle Cost Life Cycle
infrastructure and ability of (per facility) Cost
strength and surface or (per mile) Assessment
robustness. transportation for pavement (LCCA)
facilities to system in the comparison of
withstand project area. replacement in
changing kind vs.
climate adaptive
conditions. (resilient)
design.
R4....... Climate and Improve All selected Decrease in Change in FHWA
Sustainability. transportation projects. Annual Projected or coordinates
infrastructure Maintenance Actual Annual with the Grant
strength and Costs. Maintenance/ recipient to
robustness. Repair Costs. obtain this
local/self-
reported data.
R5....... Climate & Improve Flooding/Scour. Reduction in Number of FHWA reviews
Sustainability. transportation roadway, Hydraulic project design
infrastructure bridge, and countermeasure documentation
strength and culvert s, structural submitted by
robustness. vulnerability measures, or the Grant
to floods. road drainage recipient.
features Suggested
installed or references:
enhanced in FHWA Hydraulic
the project Engineering
area. Circular 22
and Hydraulic
Engineering
Circular 23
(Vols 1 & 2).
[[Page 20294]]
R6....... Climate & Improve Flooding/Scour. Reduction in Percent change FHWA interviews
Sustainability. transportation roadway in number of the Grant
infrastructure inundation or coastal and recipient to
strength and overtopping. other low- obtain this
robustness. lying roadway local/self-
overtopping or reported data.
inundation
events (due to
sea level
rise, tides,
and other
factors).
R7....... Climate & Improve Flooding/Scour. Reduction in Number of FHWA reviews
Sustainability. transportation stream/river constructed project design
infrastructure crossing crossings documentation
strength and vulnerability designed to submitted by
robustness. to future accommodate the Grant
projected future recipient.
conditions. projected
precipitation
events or
projected
changes in
land use/land
cover.
R8....... Climate & Improve Flooding/Scour. Reduction in Number of FHWA reviews
Sustainability. transportation stream/river culverts project design
infrastructure crossing installed to documentation
strength and vulnerability withstand the submitted by
robustness. to future 100-year flood. the Grant
projected recipient.
conditions.
R9....... Climate & Improve Geohazards..... Frequency of Annual percent FHWA
Sustainability. transportation slope failures. reduction in coordinates
infrastructure frequency of with the Grant
strength and slope failures recipient to
robustness. in project obtain this
area. local/self-
reported data.
FHWA or FHWA
contractor
determines pre/
post-project
slope
stability
rating using
relevant
project plans
and surveys.
R10...... Climate & Improve Geohazards..... Rockfall impact Annual percent FHWA
Sustainability. transportation incidents to reduction in coordinates
infrastructure roads and rockfall with the Grant
strength and highways. impact recipient to
robustness. incidents to obtain this
roads and local/self-
highways in reported data.
project area.
R11...... Climate & Improve Seismic Seismic Change in FHWA completes
Sustainability. transportation Vulnerability. vulnerability seismic seismic
infrastructure rating. vulnerability vulnerability
strength and rating. rating
robustness. analysis.
R12...... Climate & Improve Projects Erosion rate Annual percent FHWA interviews
Sustainability. transportation incorporating and shoreline change in the the Grant
infrastructure Nature Based position. erosion rate recipient to
strength and Solutions and shoreline obtain this
robustness. (Coastal). position in local/self-
the project reported data.
area. Possible field
work required.
R13...... Climate & Improve Projects Vegetation Annual percent FHWA interviews
Sustainability. transportation incorporating coverage. change in the the Grant
infrastructure Nature Based vegetation recipient to
strength and Solutions. coverage in obtain this
robustness. the project local/self-
area. reported data.
Report in cover Possible field
per square work required.
meter or
number of
stems per
meter.
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REDUNDANCY MEASURES
----------------------------------------------------------------------------------------------------------------
R14...... Climate & Improve All selected Detour lengths Reduction in FHWA reviews
Sustainability. transportation projects. (miles). detour length project design
system (miles) documentation
redundancy. because of the submitted by
project. the Grant
recipient.
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RAPIDITY MEASURES
----------------------------------------------------------------------------------------------------------------
R15...... Climate & Improve All selected Observed Annual percent FHWA interviews
Sustainability. transportation projects. closure hours change in the Grant
system for roads or observed recipient to
rapidity and facilities in closure hours obtain this
responsiveness. project area. for roads or local/self-
facilities in reported data.
project area.
R16...... Climate & Improve Evacuation Travel times Percent change FHWA will use
Sustainability. transportation Routes. before, during in travel National
system and after times before, Performance
rapidity and evacuation during and Management
responsiveness. event. after Research Data
evacuation Set (NPMRDS)
event. data or
equivalent.
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RESOURCEFULNESS MEASURES
----------------------------------------------------------------------------------------------------------------
R17...... Climate & Improve All selected Equipment and Number of FHWA or FHWA
Sustainability. transportation projects. sensor warning contractor
system technology systems or coordinates
resourcefulnes that support sensors that with the Grant
s. rapid were used to recipient to
restoration of improve obtain this
asset or transportation local/self-
system system reported data.
functionality. performance.
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[[Page 20295]]
The FHWA will utilize comments received on these draft metrics to
develop final metrics that will be used to evaluate a representative
sample of PROTECT Discretionary Grant projects. Final metrics will be
posted on the FHWA PROTECT website <a href="https://www.fhwa.dot.gov/environment/protect/discretionary/">https://www.fhwa.dot.gov/environment/protect/discretionary/</a>.
Authority: 23 U.S.C. 176(f).
Shailen P. Bhatt,
Administrator, Federal Highway Administration.
[FR Doc. 2024-05934 Filed 3-20-24; 8:45 am]
BILLING CODE 4910-22-P
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