Agency Information Collection Activities: Request for Comments for a New Information Collection

Agency Information Collection Activities: Request for Comments for a New Information Collection

Publication: Federal Register
Agency: Federal Highway Administration
Byline: Jazmyne Lewis
Date: 18 October 2023
Subjects: American Government

, Roads & Highways

[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Notices]
[Pages 71924-71926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22997]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2023-0041]

Agency Information Collection Activities: Request for Comments
for a New Information Collection

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FHWA invites public comments about our intention to
request the Office of Management and Budget's (OMB) approval for an
information collection, which is summarized below under SUPPLEMENTARY
INFORMATION. We are required to publish this notice in the Federal
Register by the Paperwork Reduction Act of 1995.

DATES: Please submit comments by December 18, 2023.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
0041 by any of the following methods:
Website: For access to the docket to read background documents or
comments received go to the Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
Hand Delivery or Courier: U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carlos B. McCloud, (225)-433-2892_
carlos.mccloud@dot.gov or David Harris, (202) 366-2825_
dave.harris@dot.gov, FHWA Office of Transportation Management (HOTM)
USDOT HQ E84-471, 1200 New Jersey Avenue SE, Washington, DC 20590.
Office hours are from 8 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.

SUPPLEMENTARY INFORMATION:
Title: Strategic Innovation for Revenue Collection (SIRC) Program
Grant Application, Agreement, and Project Management.
Background: In adherence with 5 CFR 1320.13, this is a request for
approval for an emergency clearance for processing of information
related to a new collection of information for the SIRC Program grant
application submission and quarterly reporting requirements for FY
2023-2024 program of projects awards. The collection of information
will support implementation of Title III--Research, Technology, and
Education, Sec. 13001. Strategic Innovation for Revenue Collection (a)
and (b) of the Infrastructure Investment and Jobs Act (Pub. L. 117-58
or also referred to as the Bipartisan Infrastructure Law-BIL (see
Exhibit A page 12). The Office of the Secretary of Transportation (OST)
and the Federal Highway Administration (FHWA) has coordinated on the
development of public information to solicit responses to a Notice of
Funding Opportunity (NOFO) for the SIRC Program. Awarded funds to
eligible applicants will test the feasibility of a road usage fee and
other user-based alternative revenue mechanisms (referred to in this
section as ``user based alternative revenue mechanisms'') to help
maintain the long-term solvency of the Highway Trust Fund.
The information will be received by the FHWA to fulfill
the grant application submittal requirements and agreements prescribed
in the NOFO.
The collection of information will include grant
application forms and narratives, grant agreements, and project
management quarterly reporting.
The purpose of the collection is to receive information
relevant to evaluating applications to the SIRC grant program, per the
NOFO, and reporting requirements agreed to by recipients of the Grants.
The obligation to respond to the collection of information
is voluntary and is required to obtain or retain a benefit.
The Strategic Innovation for Revenue Collection (SIRC) Program
seeks to fund pilot projects that test the implementation of user-based
alternative revenue mechanisms that utilize a road user fee structure
for eligible entities to test the feasibility of the program objectives
outlined in Section 133001 (b)(3), as prescribed in Exhibit A of this
document. Grant awards test innovative ways to replace or supplement
the Federal gas tax to maintain the long-term solvency of the Highway
Trust Fund. The collection of information is necessary to receive
applications for grant funds, evaluate the effectiveness of projects
that have been awarded grant funds, and monitor project financial
conditions and project progress pursuant to Section 133001 (b) (3). FY
2023-FY 2024 is the first year of implementation for the SIRC Program.
FHWA implemented a similar predecessor program, the Surface
Transportation System Funding Alternatives (STSFA) program authorized
by section 6020 of the Fixing America's Surface Transportation (FAST)
Act, Public Law 114-94, FY 2016-2021, which was repealed with the
passage of BIL. Information about awards funded under the STSFA program
is available at: https://ops.fhwa.dot.gov/stsfa/index.htm.
FHWA requests information from applicants in the form an electronic
application, which will represent 100% of the submissions. The
application will assist in soliciting proposals for funding from
eligible applicants for the five-year grant program, to monitor the
grant program recipients, project progress, assess project outcomes and
permit evaluation. The reporting requirements are submitted by
recipients and will be completed during the application stage, grant
agreement, and the project management stages. FHWA will continue to use
the information collected in the application phase to evaluate
proposals and make decisions to award grants to applicants for any
future similar appropriations. FHWA will use the information to monitor
the progress of projects that have been awarded SIRC Program funds, and
to monitor the proper expenditure of Federal funds. The project
management information will be collected by grant recipients.
Much of the information will be produced and collected through the
normal process of project management, so the additional burden of
Government information collection is small in comparison to the data
management related to information that grant recipients already collect
to manage their projects properly. The information collected from grant
recipients is project specific and the information is not available
other than from the grantees.

[[Page 71925]]

The information will be used to monitor projects on a quarterly basis,
and to ensure on an annual basis that the project's plan conforms to
the project's real operating environment.
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. Retention of records will adhere to DOT Order
1351.28 Records Management, 28.4.5 Electronic Records.
The Department will receive application reports electronically via
email and via websites from grant awardees upon approval from OMB.
Certain agencies within the Department have found that delivery of
reports electronically is the most reliable way to collect information
and will use their existing grant administration systems to collect the
information covered under this request. 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.
If the information requested in the reports is not collected, the
Department will not be able to evaluate project progress or financial
conditions in accordance with the 23 U.S.C., Bipartisan Infrastructure
Law and the Notice of Funding Opportunity (NOFO) for the program
published in the Federal Register. The quarterly collection of
financial data ensures that the use of Federal funds can be
appropriately monitored.
Respondents: The primary respondents are the eligible applicants,
which includes a State or a group of States, Metropolitan Planning
Organization (MPO) or a group of Metropolitan Planning Organizations
(as defined in section 134(b) of title 23, United States Code), a local
government or a group of local governments.
Frequency: Every year by December 31st.
Estimated Average Burden per Response: The estimated number of
hours for each of the 15 recipients (annually based on previous STSFA
Program) to compile and submit the requested data is estimated to be no
more than 8 employee hours annually.
Estimated Total Annual Burden Hours: The estimated total annual
burden for 15 recipients is 120 hours annually.
Public Comments Invited: 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 burdens; (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.
The agency will summarize and/or include your comments in the request
for OMB's clearance of this information collection.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.

Issued On: October 13, 2023.
Jazmyne Lewis,
Information Collection Officer.

Exhibit A

Section 13001 Strategic Innovation for Revenue Collection

Title III--Research, Technology, and Education Sec. 13001.
Strategic Innovation for Revenue Collection

(a) In General.--The Secretary shall establish a program to test
the feasibility of a road usage fee and other user-based alternative
revenue mechanisms (referred to in this section as ``user based
alternative revenue mechanisms'') to help maintain the long term
solvency of the Highway Trust Fund, through pilot projects at the
State, local, and regional level.
(b) Grants.--
(1) In General.--The Secretary shall provide grants to eligible
entities to carry out pilot projects under this section.
(2) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Objectives.--The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided under
this section meet the following objectives: (A) To test the design,
acceptance, equity, and implementation of user-based alternative
revenue mechanisms, including among--(i) differing income groups;
and (ii) rural and urban drivers, as applicable. H.R. 3684-195 (B)
To provide recommendations regarding adoption and implementation of
user-based alternative revenue mechanisms. (C) To quantify and
minimize the administrative costs of any potential user-based
alternative revenue mechanisms. (D) To test a variety of solutions,
including the use of independent and private third-party vendors,
for the collection of data and fees from user-based alternative
revenue mechanisms, including the reliability and security of those
solutions and vendors. (E) To test solutions to ensure the privacy
and security of data collected for the purpose of implementing a
user-based alternative revenue mechanism. (F) To conduct public
education and outreach to increase public awareness regarding the
need for user-based alternative revenue mechanisms for surface
transportation programs. (G) To evaluate the ease of compliance and
enforcement of a variety of implementation approaches for different
users of the surface transportation system. (H) To ensure, to the
greatest extent practicable, the use of innovation. (I) To consider,
to the greatest extent practicable, the potential for revenue
collection along a network of alternative fueling stations. (J) To
evaluate the impacts of the imposition of a user-based alternative
revenue mechanism on--(i) transportation revenues; (ii) personal
mobility, driving patterns, congestion, and transportation costs;
and (iii) freight movement and costs. (K) To evaluate options for
the integration of a user based alternative revenue mechanism with--
(i) nationwide transportation revenue collections and regulations;
(ii) toll revenue collection platforms; (iii) transportation network
company fees; and (iv) any other relevant transportation revenue
mechanisms.
(4) Eligible Entity.--An entity eligible to apply for a grant
under this section is--(A) a State or a group of States; (B) a local
government or a group of local governments; or (C) a metropolitan
planning organization (as defined in section 134(b) of title 23,
United States Code) or a group of metropolitan planning
organizations.
(5) Use of Funds.--An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot project
to address 1 or more of the objectives described in paragraph (3).
(6) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this subsection.
(7) Federal Share.--The Federal share of the cost of a pilot
project carried out under this section may not exceed--H.R. 3684-
196.
(A) 80 percent of the total cost of a project carried out by an
eligible entity that has not otherwise received a grant under this
section; and

[[Page 71926]]

(B) 70 percent of the total cost of a project carried out by an
eligible entity that has received at least 1 grant under this
section.
(c) Limitation on Revenue Collected.--Any revenue collected
through a user-based alternative revenue mechanism established using
funds provided under this section shall not be considered a toll
under section 301 of title 23, United States Code.
(d) Recommendations and Report.--Not later than 3 years after
the date of enactment of this Act, the Secretary, in coordination
with the Secretary of the Treasury and the Federal System Funding
Alternative Advisory Board established under section 13002(g)(1),
shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report that--
(1) summarizes the results of the pilot projects under this
section and the national pilot program under section 13002; and
(2) provides recommendations, if applicable, to enable potential
implementation of a nationwide user-based alternative revenue
mechanism.
(e) Funding.--(1) In General.--Of the funds made available to
carry out section 503(b) of title 23, United States Code, for each
of fiscal years 2022 through 2026 $15,000,000 shall be used for
pilot projects under this section.
(2) Flexibility.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications to
meet the requirements of this section for that fiscal year, the
Secretary shall transfer to the national pilot program under section
13002 or to the highway research and development program under
section 503(b) of title 23, United States Code--(A) any funds
reserved for a fiscal year under paragraph (1) that the Secretary
has not yet awarded under this section; and (B) an amount of
obligation limitation equal to the amount of funds that the
Secretary transfers under subparagraph (A).
(f) Repeal.--
(1) In General.--Section 6020 of the FAST Act (23 U.S.C. 503
note; Pub. L. 114-94) is repealed.
(2) Clerical Amendment.--The table of contents in section 1(b)
of the FAST Act (Pub. L. 114-94; 129 Stat. 1312) is amended by
striking the item relating to section 6020.

[FR Doc. 2023-22997 Filed 10-17-23; 8:45 am]
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