[Federal Register Volume 90, Number 228 (Monday, December 1, 2025)]
[Notices]
[Pages 55233-55236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-21681]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2024-0400]
Agency Information Collection Activities: Agency Information
Collection Activity Under OMB Review
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: The FHWA has forwarded the information collection request
described in this notice to the Office of Management and Budget (OMB)
to approve a new information collection. We are required to publish
this notice in the Federal Register by the Paperwork Reduction Act of
1995.
DATES: Please submit comments by December 31, 2025.
ADDRESSES: You may submit comments identified by DOT Docket ID Number
0400 by any of the following methods:
Website: For access to the docket to read background documents or
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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: Eva Birk, [email protected], Office of
Natural Environment, Federal Highway Administration, Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590. Office
hours are from 7 a.m. to 4 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION: FHWA published a Federal Register Notice
with a 60-day public comment period on this information collection on
December 3, 2024, at 89 FR 95895. The notice received one comment. This
comment called for a clear grant application process in order ``to
improve trust between local and federal governments.'' FHWA has
considered this comment and will assess options to streamline the
application process during the next round of funding. The burden
summary provided below covers the entire 3-year PRA period and has been
updated since the publication of the 60-Day Federal Register Notice to
reflect a more accurate estimate of total number of applications and
evaluation activities.
Title: Promoting Resilient Operations for Transformative,
Efficient, and Cost-Saving Transportation (PROTECT) Competitive Grant
Program and Voluntary Resilience Improvement Plans.
Background: The Infrastructure Investment and Jobs Act (IIJA)
established the Promoting Resilient Operations for Transformative,
Efficient, and Cost-Saving Transportation (PROTECT) Competitive Grant
Program to plan for and strengthen surface transportation to be more
resilient to current and future weather events, natural disasters, and
changing conditions, such as severe storms, flooding, drought, levee
and dam failures, wildfire, rockslides, mudslides, sea level rise,
extreme weather, including extreme temperature, and earthquakes. The
program includes four grant categories: Planning, Resilience
Improvement, Community Resilience and Evacuation Routes, and At-Risk
Coastal Infrastructure.
Summary of Information Collection Activities
For this competitive grant program, the FHWA issues Notices of
Funding Opportunity (NOFO) that describe the requirements of the
PROTECT Competitive Grant Program, including the criteria that will be
used to evaluate applications. The NOFOs provide a description of the
application requirements. Eligible applicants request PROTECT funds in
the form of an electronic grant application. Additional information
submissions are required for applicants who are selected for a grant
(i.e., the grantees) during the grant agreement, grant implementation
and evaluation phases.
Additionally, State DOTs and MPOs may develop Resilience
Improvement Plans under the PROTECT Program. A Resilience Improvement
Plan is a voluntary, risk-based assessment of vulnerable transportation
assets in immediate and long-term transportation planning that
demonstrates a systemic approach to surface transportation system
resilience (23 U.S.C. 176(e)). A Resilience Improvement Plan can reduce
Non-Federal match by up to 10% for both PROTECT Formula and
Discretionary Grant projects (23 U.S.C. 176(e)(1)(B)). FHWA's Office of
Natural Environment will continue to support ad-hoc resilience and
planning technical assistance for State DOTs and MPOs on a variety of
topics during the PRA covered time frame. These activities may include
voluntary virtual or in-person peer exchanges. Participants choosing to
enroll in a peer exchange are asked to submit a pre-event
questionnaire.
Lastly, FHWA is required by 23 U.S.C. 176(f)(1) to establish
effectiveness metrics and evaluation procedures for the PROTECT
Discretionary Grant Program and select a representative sample of
projects to evaluate with these metrics. FHWA will select a
representative sample of up to 50 funded projects to evaluate their
impact and effectiveness to fulfil this statutory requirement. Projects
selected as part of this representative sample will have additional
reporting requirements.
Burden estimates for each of these PROTECT program components are
described below:
Grant Application, Agreement, Implementation and Evaluation Phase
Activities
Grant Application Phase
Eligible entities that may apply for PROTECT Discretionary grants
vary depending on the type of the competitive grant. Planning Grants,
Resilience Improvement Grants, and Community Resilience and Evacuation
Route Grants have the same statutory rules for eligible applicants. The
At-Risk Coastal Infrastructure Grant category has different statutory
rules for eligible applicants. During the application process
applicants will provide a project narrative and budget information,
Standard Form 424, and Disclosure of Lobbying Activities form (SF-LLL).
--Respondents: PROTECT Grant applicants.
--Frequency: One time per grant application.
--Estimated Average Burden per Response: 166 hours for a Planning Grant
application activities, 217 hours for a Resilience Improvement Grant
application, 217 hours for a Community Resilience and Evacuation Routes
Grant application, and 117 hours for an At-Risk Coastal Infrastructure
Grant application.
--Estimated Total Annual Burden Hours: It is expected that 600
respondents will complete approximately one application during the 3-
year PRA period for an estimated total of 107,926 annual burden hours.
Grant Agreement Phase
All grant recipients must work with FHWA to develop and execute a
grant agreement detailing terms and conditions for use of funds.
Respondents: All Grant Recipients.
Frequency: One time, unless a grant agreement amendment is
necessary.
Estimated Burden: Approximately 30 hours per respondent. Some
capital projects may need to process amendments to the grant agreement
which is expected to take an additional 10-15 hours per amendment.
Grant Implementation Phase
During the grant implementation phase, the grantee completes semi-
annual progress and recertification reports to ensure the project
budget and schedule are maintained to the maximum extent possible, that
compliance with Federal regulations are met, and the project is
completed to the highest degree of quality. Post-award reporting
responsibilities include Semi-Annual Performance Progress Reports
(FHWA-PPR), and a financial status
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report called the SF-425 (also known as the Federal Financial Report or
SF-FFR). Semi-Annual Project Progress Reports are submitted as an
attachment to the SF-425 form. Additionally, grant recipients
requesting advance or reimbursement need to provide an SF 270 and an SF
271 form, respectively. After project close and no later than 120 days
after the end of the period of performance, grant recipients submit a
Final Project Progress Report and Recertification, including a final
Federal Financial Report (SF-425).
Respondents: All Grant recipients:
--Frequency: Semi-Annually During the period of performance; one Final
Progress Report after project close.
--Estimated Burden Hours: Grantees provide a FHWA Project Progress
Report (FHWA-PPR) as an attachment to their Federal Financial Report
(SF 425). Approximately 1 hour for each form.
--Approximately 1 additional hour each time an SF 270 and an SF 271 are
used for an advance or reimbursement.
Grant Evaluation Phase
During the evaluation phase, reporting is necessary to comply with
2 CFR 200.301, to assess program effectiveness for the Federal
Government, and to provide information regarding how the project is
achieving the outcomes that grantees have targeted. Grantees collect
both baseline and project performance measure data unique to their
project as outlined in their grant agreement, and report on their
chosen performance measure(s) via an Annual Performance Report (see
Grant Agreement Schedule G--Performance Measurement). Annual
Performance Reports are submitted electronically to FHWA for three
years post project completion for all project types, followed by a
final performance report.
Respondents: All Grant Recipients:
--Frequency: Annually during a 3-year period of performance
--Estimated Burden: Approximately 2 hours per year.
Total burden hours for PROTECT Competitive Grant agreement,
implementation, and evaluation phases (all recipients):
--Over the three-year PRA period, FHWA estimates that it will take
approximately 42 hours to complete all the post-award activities
outlined above for a Planning Grant, 96 hours to for a Resilience
Improvement Grant, 96 hours for a Community Resilience and Evacuation
Route Grant, and 96 hours for an At-Risk Coastal Infrastructure Grant.
FHWA estimates that 200 award recipients will perform these reporting
activities during the 3-year PRA period, which will result in 16,500
total burden hours.
Resilience Improvement Plans and Related Technical Assistance
Resilience Improvement Plans, resilience planning peer exchanges,
and FHWA on-demand planning and resilience technical assistance are all
voluntary activities completed by State DOTs and MPOs that occur on an
ad-hoc frequency. Resilience Improvement Plans are estimated to require
250 hours to complete. Resilience Planning Peer Exchange pre-event
questionnaires require approximately 1 hour. Information collections to
support related FHWA resilience technical assistance activities will
vary widely. Generally, these activities may include electronic or in-
person submission of project plans and designs, draft technical
materials, and PowerPoint materials from a State DOT or MPO to FHWA and
a peer group. FHWA may conduct informal interviews, focus groups or
additional short electronic questionnaires to support these technical
assistance activities and gauge interest in future trainings and
assistance offerings.
Respondents: State Departments of Transportation and Metropolitan
Planning Organizations.
Frequency: One time.
Estimated Total Annual Burden Hours: It is estimated that 25 State
DOTs and 25 MPOs will complete Resilience Improvement Plans during the
3-year PRA period for an estimated total of 12,500 annual burden hours.
FHWA estimates that approximately 350 participants will complete a peer
exchange pre-event questionnaire for an FHWA peer exchange event,
resulting in an estimated total of 350 burden hours.
PROTECT Metrics and Program Evaluation Activities
A smaller number of grantees selected for further monitoring to
support an FHWA Evidence Act Program Evaluation and fulfill FHWA's
obligations under 23 U.S.C. 176(f)(1)(B) will need to coordinate with
FHWA to provide baseline data in the pre-construction phase. These
grantees will also assist FHWA in gathering annual post-construction
project performance data for 3-5 years. Participants may be asked to
attend interviews and focus groups to verify desktop, primary source,
or field measurement data collected by FHWA. This selected sample of 50
projects will also be administered a survey via electronic form
submittal. The survey is estimated to take 0.5 hours to complete. Since
FHWA may allow additional projects to voluntarily participate in the
survey, we are estimating a high end of survey participants with up to
all 200 grantees electing to participate in the survey.
--Respondents: A representative sample of up to 50 selected grantees
are expected to participate in the PROTECT Discretionary Resilience
Metrics and Program Evaluation data collection.
--Frequency: One-time baseline data collection followed by annual data
project monitoring with FHWA for three to five years after project
completion.
--Estimated Average Burden per Response: FHWA estimates 25 hours of
burden annually per selected project for data collection and
coordination with FHWA for construction projects, and 6 hours of
coordination needed annually for planning grants. An additional 15
hours of burden in the first year for notification, initial
coordination with FHWA and baseline data collection. The evaluation
team will hold quarterly update calls for each project that will take 1
hour. The one-time survey of up to 200 grantees is estimated to take
0.5 hours to complete. Projects selected for metrics monitoring will
also be asked to participate in up to 2 in-depth interviews or focus
groups.
--Estimated Total Annual Burden Hours: These activities are expected to
have an estimated total of 2,792 annual burden hours during the PRA
period.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.
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Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.
Issued on: November 26, 2025.
Jazmyne Lewis,
Information Collection Officer.
[FR Doc. 2025-21681 Filed 11-28-25; 8:45 am]
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