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Agency Information Collection Activities: Approval Request Publication: Federal Register Agency: Federal Highway Administration Byline: Michael Howell Date: 2 May 2023 Subjects: American Government  , Roads & Highways
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27556-27559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09314]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2023-0012]
Agency Information Collection Activities: Approval Request
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: FHWA invites public comments about our intention to request
the Office of Management and Budget's (OMB) approval for a new
information collection. In compliance with the Paperwork Reduction Act
of 1995, the Department of Transportation (DOT) provides notice that it
will submit an information collection request (ICR) to the Office of
Management and Budget (OMB) for approval of a proposed information
collection. This collection involves applicants to submit a proposal
for discretionary grant funding, under the Charging and Fueling
Infrastructure Program established by the Infrastructure Investment and
Jobs Act of 2021, November 15, 2021, ``Bipartisan Infrastructure Law'',
or ``BIL''. FHWA is requesting emergency approval due to the urgency of
making the associated funds available to applicants that meet the
eligibility requirements under the law. The continued viability of
these funds is critical in supporting the transportation infrastructure
needs across the United States.
DATES: Please submit comments by July 3, 2023.
ADDRESSES: You may send comments within 60 days to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW, Washington, DC 20503, Attention DOT Desk Officer.
You are asked to comment on any aspect of this information collection,
including: (1) whether the proposed collection is necessary for the
FHWA's performance; (2) the accuracy of the estimated burden; (3) ways
for the FHWA to enhance the quality, usefulness, and clarity of the
collected information; and (4) ways that the burden could be minimized,
including the use of electronic technology, without reducing the
quality of the collected information. All comments should include the
Docket number FHWA-2023-0012.
FOR FURTHER INFORMATION CONTACT: Gary Jensen, Director Office of
Natural Environment, Federal Highway Administration, Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: This is a request for Office of Management
and Budget (OMB) emergency clearance for a new information collection
request (ICR) to enable the Department of Transportation (DOT) Federal
Highway Administration (FHWA) to implement the Charging and Fueling
Infrastructure Discretionary Grant Program. This program provides two
grant categories: (1) Community Program and (2) Corridor Program. The
CFI was authorized in the Bipartisan Infrastructure Law (BIL), enacted
as the Infrastructure Investment and Jobs Act (Act) (Pub. L. 117-58) on
November 15, 2021. This historic Act is a once-in-a-generation
opportunity to support transformational investments in our Nation's
transportation infrastructure that will create good jobs, modernize our
infrastructure, improve safety, tackle the climate crisis, and invest
in communities that have too often been left behind. The program will
strategically deploy publicly accessible electric vehicle charging
infrastructure, and hydrogen, propane, or natural gas fueling
infrastructure along designated alternative fuel corridors or in
community locations that will be accessible to all drivers of electric
vehicles, hydrogen vehicles, propane vehicles, and natural gas
vehicles.
The CFI Grant Program is critical to enabling eligible entities to
accelerate an electrified and alternative fuel transportation system
that is convenient, affordable, reliable, equitable, and safe. This
program will support a future where everyone can ride and drive
electric and have alternative fuel options. The FHWA is seeking to
award CFI projects that proactively address emission reductions,
infrastructure reliability, development of a skilled and diverse
workforce, community engagement and equity including the decades of
underinvestment in disadvantaged communities--communities that are
underserved and overburdened.
The statutory requirements of the CFI Grant Program are found under
Subtitle D section 11401 of the BIL and codified at 23 U.S.C. 151. In
BIL, Congress authorized funding for five Fiscal Years (including FY
2022/2023), totaling up to $2.5B (FY 2022 $300M, FY 2023 $400M, FY 2024
$500M, FY 2025 $600M, and FY 2026 $700M) to CFI eligible projects. For
FY 2022/2023, a total of $700 M is available under one NOFO for awards
under two funding categories: Community Program and Corridor Program.
The statute defines eligible applicants for the CFI Grant Program
as State or political subdivision of a State; a metropolitan planning
organization; a unit of local government; a special purpose district or
a public authority with a transportation function; an Indian Tribe; a
territory of the United States; or an authority, agency, or
instrumentality of, or an entity owned by, 1 or more entities described
above; a group of entities as described above; and a State or local
authority with ownership of publicly accessible transportation
facilities (Community Program only).:
Title: Charging and Fueling Infrastructure Discretionary Grant
Program.
[[Page 27557]]
Expected Number of Respondents: 550.
Frequency: Application submission and project agreement execution
will occur one time while project management will occur over three
years.
Estimated Average Burden per Response: $3,280 (application
submission, project agreement execution, and 3 years of project
management).
Estimated First Year Burden: $1,408,000.
Abstract: On November 15, 2021, the Infrastructure Investment and
Jobs Act of 2021 (Pub. L. 117-58).
``Bipartisan Infrastructure Law (BIL)'' was enacted. Section 1118
established the Charging and Fueling Infrastructure (CFI) Program.
Application Stage
In order to be considered to receive a grant, a project sponsor
must submit an application to FHWA containing a project narrative, as
detailed in the Notice of Funding Opportunity. The application should
contain the information necessary for the FHWA to determine that the
project satisfies eligibility requirements as required by law.
The FHWA will receive applications from project sponsors and
reports from grant recipients electronically via email and via websites
upon approval from OMB. In order to minimize the burden on applicants,
OMB approved standard forms are being used to collect information where
possible. Such standard forms include the Application for Federal
Assistance (SF-424), available online at https://apply07.grants.gov/apply/forms/sample/SF424_2_1-V2.1.pdf, and the post-award Federal
Financial Reports form (SF-425), available online at https://apply07.grants.gov/apply/forms/sample/SF425_2_0-V2.0.pdf.
All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public. If the application includes information the applicant considers
to be a trade secret or confidential commercial or financial
information, the applicant should do the following: (1) Note on the
front cover that the submission ``Contains Confidential Business
Information (CBI)''; (2) mark each affected page ``CBI''; and (3)
highlight or otherwise denote the CBI portions. DOT protects such
information from disclosure to the extent allowed under applicable law.
In the event DOT receives a Freedom of Information Act (FOIA) request
for the information, DOT will follow the procedures described in its
FOIA regulations at 49 CFR 7.17. Only information that is ultimately
determined to be confidential under that procedure will be exempt from
disclosure under FOIA. This grant program is voluntary. No entity
eligible to apply is required to participate. However, applicants will
be expected to provide the following information.
The FHWA will collect the following information:
Legal Name of the Applicant (i.e., the legal name of eligible
entity) as well as any other identities under which the applicant may
use.
Address, telephone, and email contact information for the
applicant.
Name and title of the authorized representative of the
applicant (who will attest to the required certifications).
DOT may also require the identity of external parties
involved in preparation of the application, who may be assisting the
applicant that is applying for assistance under this program.
The specific statutory criteria that the applicant and
project meet for eligibility under this program.
Eligible Applicants
The statute defines eligible applicants for the CFI Corridor Grants
as: (1) a State or political subdivision of a State; (2) a metropolitan
planning organization; (3) a unit of local government; (4) a special
purpose district or a public authority with a transportation function;
(5) an Indian tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)); (6) a
territory of the United States; (7) an authority, agency, or
instrumentality of, or an entity owned by, 1 or more entities listed
above; or (8) a group of entities as described above in 1-7.
The statute defines eligible applicants for the CFI Community
Grants as a group of entities as listed above in the Corridor Grant
Program and a State or local authority with ownership of publicly
accessible transportation facilities.
Eligible Projects
The statute defines eligible projects to include:
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Eligible projects
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Community grants Corridor grants
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Project that is expected to reduce Acquisition and installation of
greenhouse gas emissions and to expand publicly accessible electric
or fill gaps in access to publicly vehicle charging
accessible electric vehicle charging infrastructure, hydrogen
infrastructure, hydrogen fueling fueling infrastructure,
infrastructure, propane fueling propane fueling
infrastructure, or natural gas fueling infrastructure, or natural gas
infrastructure. (23 U.S.C. 151 fueling infrastructure that is
(f)(8)((D)). directly related to the
charging or fueling of a
vehicle. (23 U.S.C.
151(f)(6)(A)).
Development phase activities, including Operations Assistance.
planning, feasibility analysis, Operating assistance for the
revenue forecasting, environmental first 5 years of operations
review, preliminary engineering and after the installation of
design work, and other preconstruction publicly available electric
activities. (23 U.S.C. vehicle charging
151(f)(8)(D)(i)). infrastructure, hydrogen
fueling infrastructure,
propane fueling
infrastructure, or natural gas
fueling infrastructure while
the facility transitions to
independent system operations.
(23 U.S.C. 151(f)(6)(C)).
[[Page 27558]]
The acquisition and installation of Traffic Control Devices.\1\
electric vehicle charging Acquisition and installation of
infrastructure, hydrogen fueling traffic control devices
infrastructure, propane fueling located in the right-of-way to
infrastructure, or natural gas fueling provide directional
infrastructure that is directly information to publicly
related to the charging or fueling of accessible electric vehicle
a vehicle, including any related charging infrastructure,
construction or reconstruction and the hydrogen fueling
acquisition of real property directly infrastructure, propane
related to the project, such as fueling infrastructure, or
locations described in section 3.d of natural gas fueling
this NOFO, to expand access to infrastructure acquired,
electric vehicle charging installed, or operated with
infrastructure, hydrogen fueling the grant. (23 U.S.C.
infrastructure, propane fueling 151(f)(6)(D)(i)).
infrastructure, or natural gas fueling Use of funds for the
infrastructure. 23 U.S.C. acquisition and installation
151(f)(8)(ii)). traffic control devices must
be for the acquisition and
installation of publicly
accessible electric vehicle
charging infrastructure,
hydrogen fueling
infrastructure, propane
fueling infrastructure, or
natural gas fueling
infrastructure. (23 U.S.C.
151(f)(6)(D)(ii)).
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\1\ Any traffic control device or on-premises sign acquired, installed,
or operated with a grant under this subsection shall comply with: (i)
the Manual on Uniform Traffic Control Devices, if located in the right-
of-way; and (ii) other provisions of Federal, State, and local law, as
applicable. (23 U.S.C. 151(f)(9)(B))).
Statutory Selection Considerations, Priories and Additional
Considerations
The chart below outlines the Statutory Section Criteria that will
be used for the Community Program and the Corridor Program under the
CFI Program Grants.
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Community Corridor
Selection criteria program program
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Secretarial Statutory Selection [check]
Considerations 23 U.S.C. 151(f)(5)...
Secretarial Statutory Selection [check]
Priorities 23 U.S.C. 151(f)(8)(F)....
Secretarial Statutory Additional [check]
Considerations 23 U.S.C. 151(f)(8)(G)
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Secretarial Statutory Selection Considerations--Corridor Program Only
The following are Secretarial Statutory Selection Considerations
for the CFI Program, which are unique to the Corridor Program.
(1) The extent to which the application would improve alternative
fueling corridor networks by (i) converting corridor-pending corridors
to corridor-ready corridors or (ii) in the case of corridor-ready
corridors, providing redundancy (aa) to meet excess demand for charging
or fueling infrastructure; or (bb) to reduce congestion at existing
charging or fueling infrastructure in high-traffic locations (23 U.S.C.
151(f)(5)(A)(i)(I) and (II) (aa) and (bb)).
(2) The extent to which the application would meet current or
anticipated market demands for charging or fueling infrastructure (23
U.S.C. 151(f)(5)(A)(ii)); The extent to which the application would
support a long-term competitive market for electric vehicle charging,
or hydrogen, propane, or natural gas fueling infrastructure, and does
not significantly impair existing charging and fueling infrastructure
providers (23 U.S.C. 151(f)(5)(A)(iv)); and The extent to which the
application would provide access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure in areas with a
current or forecasted need (23 U.S.C. 151(f)(5)(A)(v)).
(3) The extent to which the application would enable or accelerate
the construction of charging or fueling infrastructure that would be
unlikely to be completed without Federal assistance (23 U.S.C.
151(f)(5)(A)(iii)).
(4) The extent to which the application would deploy electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling infrastructure
for medium- and heavy-duty vehicles (including along the National
Highway Freight Networkestablished under section 167(c)) and in
proximity to intermodal transfer stations (23 U.S.C. 151(f)(5)(A)(vi).
(5) The extent to which the application would ensure, to the
maximum extent practicable, geographic diversity among grant recipients
to ensure that electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure is available throughout the United States (23
U.S.C. 151(f)(5)(B)).
(6) Whether the private entity that the eligible entity contracts
with an eligible project (i) submits to the Secretary the most recent
year of audited financial statements and (ii) has experience in
installing and operating electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure(23 U.S.C. 151(f)(5)(C)(i) and (ii)).
(7) Whether, to the maximum extent practicable, the eligible entity
and the private entity that the eligible entity contracts for an
eligible project enter into an agreement (i) to operate and maintain
publicly available electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or natural gas
infrastructure and (ii) that provides a remedy and an opportunity to
cure if the requirements described in clause (i) are not met (23 U.S.C.
151(f)(5)(D)(i) and (ii)).
Secretarial Statutory Selection Priorities--Community Program Only
The following are Secretarial Statutory Selection Priorities for
the CFI Program, which are unique to the Community Program.
(1) Priority goes to projects that expand access to electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling
[[Page 27559]]
infrastructure within rural areas (23 U.S.C. 151(f)(8)(F)(i));
(2) Priority goes to projects that expand access to electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling infrastructure
within low- and moderate-income neighborhoods (23 U.S.C.
151(f)(8)(F)(ii)); and
(3) Priority goes to projects that expand access to electric
vehicle charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling infrastructure
within communities with a low ratio of private parking spaces to
households or a high ratio of multiunit dwellings to single family
homes, as determined by the Secretary (23 U.S.C. 151(f)(8)(F)(iii)).
Secretarial Statutory Additional Considerations--Community Program Only
The following are Secretarial Statutory Additional Considerations
for the CFI Program which are unique to the Community Program.
(1) The extent to which the project contributes to geographic
diversity among eligible entities, including achieving a balance
between urban and rural communities (23 U.S.C. 151(f)(8)(G)(i)); and
(2) The extent to which the project meets current or anticipated
market demands for charging or fueling infrastructure, including faster
charging speeds with high-powered capabilities necessary to minimize
the time to charge or refuel current and anticipated vehicles (23
U.S.C. 151(f)(8)(G)(ii)).
Application and/or Project Narrative
A description of how the project aligns with the project
merit criteria and statutory application information.
DOT has designated five project merit criteria which will
be used to evaluate and rate the responsiveness of an application to
the statutory required selection considerations will evaluate projects
using the following criteria: (1) Safety, (2) Climate Change,
Resilience and Sustainability, (3) Equity and Justice40, (4) Workforce
Development, Job Quality, and Wealth Creation, and (5) CFI Program
Vision.
A detailed project budget, including the grant request
amount, other Federal funds, and non-Federal contributions. DOT
requires this information to calculate the cost share requirements
outlined in statute. Applicants will be required to provide supporting
documentation in sufficient detail to describe the project cost
breakdown.
Project Readiness.
Other identification numbers, such as their Data Universal
Numbering System (DUNS) number, Unique Entity Identifier under 2 CFR
part 25, etc. All applicants will be required to have pre-registered
with the System for Award Management (SAM) at https://sam.gov/SAM/.
Grant Agreement Stage
The grant agreement is an agreement between FHWA and the recipient.
If a grant recipient under the CFI is a State Department of
Transportation (State DOT), or if a State DOT serves as a pass-through
entity to a non-State DOT recipient, CFI funds will be awarded upon the
execution of a project agreement: a type of grant agreement for
administration of funds allocated to a State DOT in the FHWA Fiscal
Management Information System (FMIS).
If a grant recipient under the CFI is any other eligible applicant
(i.e., not a State DOT), CFI funds will be awarded upon the execution
of a grant agreement between FHWA and the recipient. A non-State DOT
selected to receive a CFI award may elect to have a State DOT
administer the CFI funds, subject to agreement with the State DOT.
Project Management Stage
The reporting requirements under this stage are necessary to ensure
the proper and timely expenditure of Federal funds within the scope of
the approved project. The requirements comply with the Common Grant
Rule. During the project management stage, the grantee will complete
Quarterly Progress and Monitoring Reports to ensure that the project
budget and schedule will be maintained to the maximum extent possible,
that the project will be completed with the highest degree of quality,
and that compliance with Federal regulations will be met. The FHWA may
also require substantive requirements of the report include: The
project's overall status; project significant activities and issues;
action items/outstanding issues; project scope overview; project
schedule; project cost; an SF-425 Federal Financial Report; and
certifications. This reporting requirement will greatly reduce the need
for on-site visits by staff.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.
Respondents: 2,050.
Estimated Average Burden for First Year per Response: 46.
Estimated Total Annual Burden: 25,600.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.
Issued On: April 27, 2023.
Michael Howell,
Information Collection Officer.
[FR Doc. 2023-09314 Filed 5-1-23; 8:45 am]
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