[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:

------------------------------------------------------------------------
                            Eligible projects
-------------------------------------------------------------------------
            Community grants                     Corridor grants
------------------------------------------------------------------------
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)).
------------------------------------------------------------------------
\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.

------------------------------------------------------------------------
                                           Community         Corridor
          Selection criteria                program          program
------------------------------------------------------------------------
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)
------------------------------------------------------------------------

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]
BILLING CODE P