[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Notices]
[Pages 51838-51842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18429]
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DEPARTMENT OF TRANSPORTATION
[Docket No. FHWA-2020-0007]
Federal Highway Administration
Tribal Technical Assistance Program
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation.
ACTION: Notice; request for comments.
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SUMMARY: This notice requests comments on the future delivery models
proposed for the Tribal Technical Assistance Program (TTAP).
DATES: Comments must be received on or before September 21, 2020.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Ave. SE, Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
Instructions: You must include the agency name and docket
number at the beginning of your comments. All comments received will be
posted without change to http://www.regulations.gov including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: For questions about the TTAP, contact
Victoria Peters, FHWA Center for Local Aid Support, (720) 963-3522, or
by email at [email protected]. For legal questions, please
contact Vivian Philbin, FHWA Office of the Chief Counsel, (720) 963-
3445, or by email at [email protected]. Business hours for FHWA
are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may retrieve a copy of the notice through the Federal
eRulemaking portal at: http://www.regulations.gov. The website is
available 24 hours a day. Electronic submission and retrieval help and
guidelines are available under the help section of the website. An
electronic copy of this document may also be downloaded from the Office
of the Federal Register's home page at: http://www.archives.gov/federal_register and the Government Publishing Office's web page at:
http://www.gpoaccess.gov.
Background
The legislative authority to deliver TTAP is contained in 23 U.S.C.
504(b). The Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training, technical
assistance, and related support services described in 23 U.S.C. 504(b).
TTAP was added to the Local Technical Assistance Program in 1991,
with the primary objective of building transportation professional
capacity within the federally recognized Tribes to support the
management of their transportation assets. The program started with
four centers and expanded to seven centers by 1996. In 2018, in order
to focus more program resources on core training and technical
assistance, the program piloted a national delivery model for 2 years;
this pilot concluded in December 2019.
Throughout the 2-year pilot, FHWA received feedback from the Tribes
on the model and its performance. In response, FHWA held four
consultation sessions in the summer of 2019 to solicit more direct
feedback on the national model. Tribes provided feedback that they
wanted more input in the development of future TTAP objectives and
program delivery.
In acknowledgement of the feedback received and to accommodate more
direct and more extensive Tribal involvement, FHWA conducted 13
additional consultation sessions, including at least one in each of the
12 Bureau of Indian Affairs (BIA) regions during late 2019 and early
2020. These facilitated consultation sessions focused on two questions:
(1) Within the framework of the enabling legislation, what objectives
did the Tribes want to see the TTAP accomplish; and (2) What is the
best delivery model to achieve those objectives?
[[Page 51839]]
This notice summarizes the feedback received from the 13
consultation sessions and proposes 2 delivery models for the
advancement of TTAP. FHWA is interested in receiving further input on
the proposed models.
While the face-to-face training of TTAP is currently suspended as
potential delivery models for TTAP are being assessed, online training
and technical assistance are still available during the temporary
suspension of face-to-face trainings.
Summary of the National Pilot
In 2018-2019, FHWA piloted a national delivery model for TTAP to
assess whether reshaping the program could feasibly increase the amount
of transportation training and associated technical assistance
available to Tribal transportation professionals and provide data to
serve as a baseline against which future improvements could be
measured. Administered from a central location with the virtual
delivery of face-to-face training, the pilot tested a means to provide
broader national coverage. The goal was to deliver training in core
transportation focus areas, centralize subject matter expertise, ensure
consistency in training delivery, share best practices and innovation,
enable technical assistance from subject matter experts (SMEs), test a
Road Scholars certification program, and create program awareness with
the Tribal transportation workforce. The pilot was funded at the same
level as previous TTAP efforts. A brief summary of the pilot follows:
Centralizing the administrative functions (e.g.,
developing training material; coordinating and scheduling training
sessions and technical assistance; sharing best practices/innovation
via a newsletter; and hosting a website that provided information on
annual training schedules and locations, available resources, toolkits,
fact sheets and regulatory links) in one center substantially reduced
overhead, reduced redundancy, and increased the resources available for
training and technical assistance.
Over 60 core curriculum courses were developed in 5 core
transportation areas and were offered in the following formats: online
self-paced, online 4-week instructor-led, and face-to-face. The pilot
also included a special emphasis area of motor vehicle injury
prevention.
The pilot provided in-depth training on topics and skills
with the face-to-face training classes that were 3.5 hours or longer.
These courses were offered primarily to Tribes, but others could attend
on a space-available basis. During the pilot, these sessions averaged
participation of 78 percent Tribal and 22 percent non-Tribal; this was
comparable to the previous 5 years of the TTAP, which had average
participation of 70 percent Tribal and 30 percent non-Tribal attendees.
The face-to-face class sizes during the pilot ranged from
2 to 26 participants for an average of 5 registrations per class.
Comparing the average number of face-to-face training session
participants, the 5-year average of the former centers was almost
double that of the pilot. However, the pilot metric does not include
attendees participating in national and regional conference face-to-
face training sessions as was previously included; it only includes
attendees at the 3.5-hour training classes.
The training was delivered by 10 SMEs in safety, planning
& procurement, project delivery, maintenance & operations, and asset &
data management. The SMEs were located across the country and worked
remotely. All training was geographically dispersed across the country
to provide equitable access to the full range of training opportunities
for all the Tribes.
The pilot delivered 4,754 hours of face-to-face training
over a 21-month period. Converted to an annual number, this represents
a 60 percent increase over the 5-year annual average for face-to-face
training hours delivered in the previous 5 years of the TTAP. An
additional 1,364 contact hours were earned by Tribal participants from
the online learning delivered under the pilot.
Upon request, the TTAP SMEs provided customized technical
assistance to help build the technical knowledge and capabilities of
Tribal workforces. Serving as technical mentors, SMEs provided guidance
and resources beyond the classroom. Over the course of the pilot, the
SMEs provided an average of 36 technical assistance hours per month to
the Tribal workforce.
The pilot included a Road Scholar Certification Program
that offered the opportunity to become certified in several roadway and
heavy equipment operation topics. The certification center was located
in Oklahoma City, Oklahoma. Blending both online and in-person testing,
all applicants were emailed a study packet to facilitate passing the
online pre-examination before proceeding with the practical examination
process (hands-on for several topics). Many applicants did not proceed
after receiving the initial study packet. Nine applicants pretested in
multiple topics, and two moved into the practical examination phase. To
address concerns expressed regarding the difficulty of the
certification exams, the program was also tested with 15 local public
agency employees from the Oklahoma City area, ranging in skill level
from newly employed with little to no experience to seasoned
maintenance workers. The more experienced local workers advanced to
practical testing.
Centralizing the administrative function of the program
lost the regional interface between the Tribes and TTAP. An important
component of the TTAP's efficacy is the relationship between the TTAP
staff and the Tribes. While centralizing the administrative function of
the program reduced the cost of maintaining multiple physical centers
and administrative staff, the program lost the existing interface
between the Tribes and the TTAP. A centralized program resolved
limitations with respect to subject matter expertise as well as the
scope and amount of training provided under the prior TTAP model.
However, the TTAP will need to reestablish the connection between the
TTAP staff and Tribes. Moving forward, a regional connection needs to
be reestablished.
The understanding and provision of culturally relevant
information between the SMEs and the Tribes was an issue throughout the
pilot. The SMEs were hired for their experience in particular
specialties and the application of these specialties in different
transportation programs and localities. However, the SMEs'
understanding of the Tribal program was limited and some initially
lacked the information and skills necessary to translate their
recognition into their face to face interaction. As they integrated
class discussions of regional and Tribal issues into the standardized
curriculum, their understanding of the Tribal program and its issues
continued to evolve. To improve engagement, SMEs will need to be
conversant in, and pay close attention to, the delivery characteristics
of the Tribal program.
Discussion of Consultation Outcomes
During late 2019 and early 2020, FHWA conducted 13 consultation
sessions, including at least one in each of the 12 BIA regions. These
facilitated consultation sessions focused on two questions: (1) Within
the framework of the enabling legislation, what objectives did the
Tribes want to see the program accomplish; and (2) What is the best
delivery model to achieve those objectives? Each consultation session
generated a list of prioritized objectives. During the consultations,
program
[[Page 51840]]
objectives were initially identified by individual consultation
participants and then collectively discussed and consolidated. This
section discusses the objectives and delivery models that arose from
consultation discussions.
Objectives
Below are the objectives of TTAP listed in the order most
frequently heard at the consultation sessions:
Technical Assistance--Provide technical assistance
relevant to the training curriculum and Tribal needs.
Innovation--Bring new innovations in technology and
practice to the attention of the Tribes and incorporate applicable
innovation in the training and technical assistance.
Core Training Curriculum--Deliver skills-based training on
core competencies for transportation program requirements. To the
extent possible, provide supporting technical manuals and guidance
documents for key courses.
Workforce Development--Facilitate or enable professional
training that leads to certification for transportation construction-
related trades, including heavy equipment operation.
In-person Training Locations--To the maximum extent
possible, deliver in-person training at locations that are readily
accessible to the maximum number of Tribes.
Instructor knowledge of Tribes and Tribal issues--Provide
trainers and technical advisors who have demonstrable Tribal
experience.
Tiered Training--Provide multi-tiered training (e.g.,
basic, intermediate, advanced) for selected courses.
Establish and Leverage Relationships--Leverage
relationships with transportation partners and direct Tribes to
information, data, resources, and expertise that are not provided as
part of TTAP.
Regional Specificity--Provide training that is relevant to
Tribal needs in terms of regional climate, geology, and local
experience.
Tribal Input into Courses and Training Calendar--
Incorporate Tribal input into what training is delivered and where and
when it is delivered. This includes Tribal input on what training is
developed.
Multiple Course Delivery Options--Deliver curriculum
through multiple methods (e.g., face-to-face, online, peer-to-peer
exchanges, electronic media).
Program Communication--Ensure that TTAP communicates
appropriately and effectively with all Tribes about program activities,
understands Tribal needs, and shares what TTAP can provide.
Relationship Building--Provide a designated TTAP point-of-
contact (POC) as a first resource for outreach and to address issues of
interest to Tribes within the regions.
Instructor Competency--Provide instructors who are SMEs.
Funding Resources--Provide information and links to
available funding resources.
Other topics discussed at the consultations include developing a
knowledge portal, creating job competencies, sharing information on
road maintenance programs, addressing multi-jurisdictional issues, and
teaching job-specific duties.
Delivery Models
Each consultation session identified several potential delivery
models. During the consultation sessions, for brainstorming purposes
only, no financial constraints were placed on the proposed delivery
models. Instead, those involved in the brainstorming were asked to
consider scalability in the models they proposed. The delivery models
were not fully formulated, but the key elements that sought to address
the prioritized objectives were identified.
The outcomes of the 13 consultation sessions were discussed with
the Tribal Transportation Program Coordinating Committee (TTPCC) during
its February 2020 meeting in Albuquerque, New Mexico. During this
discussion, commonalities and themes were explored with the TTPCC. This
led to a grouping of the objectives and a review of the potential
delivery models' abilities to deliver the maximum number of these
objectives.
Delivery Models Not Advanced
The following models were analyzed for feasibility and
effectiveness in meeting legislative intent and Tribal objectives.
These models were deemed less effective in meeting these criteria.
1. Physical Office/Center in Each Region--A physical office incurs
costs for rent, services, equipment, and a structure of administrative
positions in each office. These overhead expenses are an annual
obligation out of program resources, diminishing the resources
available to deliver the core training and education mission.
2. Direct Funding--This model would allocate TTAP funding directly
to the Tribes, shifting the responsibility of training and education to
each Tribe. It would use the established Tribal Transportation Program
(TTP) distribution formula, resulting in 456 Tribes receiving less than
$2,000 annually to meet their transportation training and education
needs. Each Tribe would need to provide FHWA with a document that
ensured the funds were being used for the intended purpose prior to
receiving the allocation. The administrative burden of this model
renders it ineffective. In addition, 80 percent of the Tribes would
receive very limited funding to meet their training and technical
assistance needs.
3. Intertribal/Train-the-Trainer--This model sought to establish
the training capacity within the Tribal community itself. This model's
effectiveness is challenged by the Tribes' capacity to supply trainers
(e.g., time available to be away from their position/Tribe to provide
training), the need to develop and maintain the trainers' instructional
techniques and capacity (this would be ongoing as individuals entered
and left this function), ensure subject matter expertise, and maintain
training and technical assistance consistency and currency across a
broad spectrum of trainers. However, exploring how to integrate the
concept of a train-the-trainer element into TTAP can be explored as
TTAP is deployed.
4. National Delivery Only--The national model does not include a
regional presence to establish and maintain relationships with the
Tribes in a region. The significance of this presence to communicate
with and understand regional Tribal needs and priorities was clearly
expressed during the consultations and can improve the receptivity for
training and education opportunities. However, there are programmatic
elements (e.g., online course delivery, core training development,
internet website that includes resource information) that are more
effectively managed and administered at the national level.
5. Community College-Driven Program--This model sought to leverage
the 32 fully accredited Tribal Colleges and Universities across the
U.S. to deliver the TTAP. Most of these academic institutions are 2-
year schools, and 11 provide pathways to engineering and material
sciences. Working with a number of these institutions to effectively
integrate TTAP courses and training material into their programs would
be time-intensive and would not meet the immediate or near-term needs
of Tribal transportation. However, exploring potential partnerships at
the national and regional levels with these colleges and universities
that could share faculty, curricula, equipment, and/or instructional
supplies could be conducted as part of the leveraging partnerships
objective that is part of each of the advanced delivery models.
[[Page 51841]]
6. Heavy Equipment Workforce Development--An objective that was
noted in many of the consultation sessions was the establishment of
heavy equipment training capacity within TTAP. During the
consultations, this was defined as the training necessary to become
proficient in heavy equipment operation; this is not a 2-hour or half-
day familiarization event with equipment that may be onsite. To become
proficient in heavy equipment operation, the average accredited ``in-
the-seat'' training program ranges from 4 to 8 weeks to develop skills
for multiple pieces of equipment used in highway maintenance and
construction. These programs are designed to provide the fundamental
skills and knowledge needed to operate heavy equipment safely and
proficiently. Given the current funding level for TTAP, providing
scholarships to attend credentialed programs is not feasible without
forgoing a significant portion of the proposed training and technical
assistance, which is a large component of the statutory mandate.
However, given the interest expressed in this training, FHWA will
explore potential partnership arrangements and access opportunities
with programs administered by other Federal agencies or Departments to
determine options for how TTAP could expand into this area.
The Objectives and the Delivery Models Advanced
A matrix table comparing the objectives to considered models is
available as an attachment within this docket notice and on the FHWA
Center for Local Aid Support website.\1\
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\1\ The Models and Objectives matrix table is available at
https://www.fhwa.dot.gov/clas/ttap/default.aspx.
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The following information is necessary to understanding the
delivery models.
1. Regional Area--In evaluating the regional area in the delivery
models presented below, careful consideration was given to the size and
determination of regional areas that are feasible under currently
available funding for the TTAP ($1.05 million per year) and that
provides equitable training opportunities to all the Tribes within
those regions. To achieve these two elements, FHWA utilized the
statutory formula used to determine the distribution of TTP funding.\2\
The use of this formula is an established methodology and incorporates
multiple parameters (e.g., Tribal population, road mileage, and average
Tribal shares) into the allocation of resources.
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\2\ The Section 6002 of the FAST Act continued this formula
without modification. 23 U.S.C. 202(b).
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2. Key Roles and Responsibilities--the details of the following
responsibilities would be operationalized in a contract with FHWA.
The regional POC will receive regional technical assistance
requests and forward to appropriate individuals and agencies for
resolution; coordinate Tribal input through an annual needs assessment
and work with the FHWA to implement; communicate and market the conduct
of the face-to-face and on-line training delivery; identify and secure
in-person training workshop locations and ensure that they are
compatible with Tribal customs and calendars; collect Tribal issues and
challenges prior to course delivery to support instructor inclusion in
training delivery; establish and leverage local and regional
relationships to ensure that Tribal needs are addressed; build
relationships with the Tribes in the region; develop and maintain a
regional mailing list; and develop and publish a newsletter.
The SMEs will respond to technical assistance requests received
from regional POCs; utilize information collected by the regional POCs
to understand and incorporate regional issues and challenges into the
delivery of training and technical assistance; deliver face-to-face
training in their expertise area; identify and share best practices and
Tribal case studies with regional POCs and the FHWA for distribution to
Tribes; and establish and leverage local and regional relationships to
ensure Tribal needs are addressed.
The FHWA will develop and promulgate information on TTAP and
disseminate in concert with the regional POC; develop and make
available the core training curriculum; identify and disseminate
information on innovative technologies and practices; support and
enable the conduct of the online course delivery options; establish and
leverage national level relationships to ensure Tribal needs are
addressed (this could include potential relationships or partnerships
to advance workforce development); develop and maintain a TTAP website
for sharing program information, resources, best practices, etc.;
develop and share the competencies relevant to job functions; and
identify the training that supports and enables those job functions and
make them available to the Tribes (resource development, tools,
manuals, etc.).
Common Elements of the Delivery Models
All delivery models will utilize the current core curriculum
material. To achieve regional specificity within the curriculum, Tribes
in the regions will be solicited for the challenges or issues they face
due to geography, climate, or local regulations so that those elements
may be included. The SMEs will supplement the core training modules to
integrate the regional elements.
An annual training needs assessment will inform the curriculum that
will be budgeted, designed, and delivered and the locations/venues for
delivery.
All models deliver training in a 3-day training workshop format.
Unlike a conference, the workshops will be a focused educational
setting designed to enhance the skills of participants. No plenary
session or presentations will be delivered. When appropriate, and if
the venue affords the capacity and opportunity, hands-on practice of
new skills will be incorporated into the sessions.
An annual national conference will be provided to address
programmatic and mutual topics of national interest.
A regional POC or SME will be selected whose responsibility will
include building relationships with, and disseminating information to,
the Tribes in their assigned region. To the extent possible, SMEs in
the regions would each have different expertise in order to expand and
diversify the training bandwidth of TTAP. Individuals with
instructional knowledge/competency and an understanding of a Tribal
environment will be actively solicited to fill these positions.
The FHWA will continue to leverage partnerships at the national and
regional levels to broaden the resources available to Tribes. The
regional POC or SME would leverage local and regional partnerships.
A national TTAP website will be developed. The website or ``online
resource center'' will provide a variety of materials, tools and
resources relevant to the Tribal program.
Mailing lists will be updated and maintained at the regional level.
The FHWA will continue to provide TTAP updates at conferences and
manage programmatic discussions with Tribes.
To continue employing a blended learning strategy, existing online
curriculum developed by FHWA or one of its partners will remain
available for Tribal use.
All models operate within the currently available funding level of
$1.05 million per year. During the
[[Page 51842]]
national pilot and the previous TTAP delivery model, the annual funding
available for TTAP was approximately $2 million per year and included
funding from the TTP. Due to funding priorities within the TTP, the
program no longer supports the TTAP. In addition, resource limitations
preclude providing a multi-level (basic, intermediate, advanced)
curriculum.
Delivery Models Advanced
The two delivery models described below combine the maximum number
of objectives from the consultation sessions within the annual
available funding for the TTAP--$1.05 million per year. Both models
have the potential for scalability and expansion. Any expansion would
be incremental to ensure program fidelity is maintained. Opportunities
identified during the consultation sessions--developing multi-tiered
training, leveraging Tribal community colleges' assets for both credit
and non-credit training, and providing individual scholarships to
obtain highway craft skills through accredited organizations or those
identified in future needs assessments--may be pursued subject to
additional funding and legislative intent.
Three TTAP Regions with POCs & Part-time SME Support. Under this
model, the FHWA would solicit offers for a POC for each region and
subject matter expertise to support instructional training delivery and
technical assistance. This model offers a minimum of 19 hours of
technical assistance delivered by a SME in each region per month. The
POC would coordinate the technical assistance requests and contact the
appropriate SME or agency for resolution. The model budgets for 11
overnight trips each year for technical assistance calls or networking
in the region. Each region would receive 3 training workshops per year
in a multi-track format, providing an annual availability of 567
training hours (189 face-to-face hours in each of the 3 TTAP regions).
The POC would solicit Tribes in the regions prior to the workshops to
identify challenges and issues to be integrated into the training
topics. The SME would incorporate discussion of these issues and
challenges at the training workshops. At current funding levels, this
model provides for the development of two additional training topics
each year. Topics selected for development would be an outcome of the
annual needs assessment and innovation topics ready for deployment. An
electronic newsletter would be developed by the POC and published for
each region.
BIA Regional Training Workshops & SME Assigned Four BIA Regions.
Under this model, each SME would take on the functions of both POC and
SME for the region. Each of the three SMEs would be responsible for
four BIA regions. The technical assistance hours would be delivered in
the time available to the SME. Each SME would have the ability to
travel overnight 3 times to each BIA region for technical assistance
and networking (a total of 12 overnight trips per year). The training
hours and locations would be expanded from 9 workshops nationally under
the above model to 24 workshops annually. Each BIA region would receive
two 3-day, multi-track workshops for an availability of 1512 hours (126
face-to-face hours in each of the 12 BIA regions). As with the model
above, SMEs would supplement the core training with regional
specificity. At current funding levels, this model provides for the
development of one additional training topic each year. The topic
selected for development would be an outcome of the annual needs
assessment and innovation topics ready for deployment. An electronic
newsletter would be developed by the SME and published for the four BIA
regions that are the SME's responsibility.
Request for Comment
The FHWA is asking the public and specifically Tribal leaders or
their direct designees for comments on the following questions:
1. Of the two proposed delivery models being advanced, which do you
support and why?
2. Are there aspects of either of the two proposed delivery models
being advanced that you think should be adjusted? Which aspects? How
and why should they be adjusted?
3. If you do not support either of the two models, please explain
your rationale and provide any alternatives you believe would meet the
TTAP's legislative intent and maximize the Tribal objectives from the
consultations.
Authority: 23 U.S.C. 504(b).
Nicole R. Nason,
Administrator, Federal Highway Administration.
[FR Doc. 2020-18429 Filed 8-20-20; 8:45 am]
BILLING CODE 4910-22-P