[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_
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f19290839d9e82df9c92929d9e8495b1959e85df969e87">[email protected]</a> or David Harris, (202) 366-2825_
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d9bdb8afbcf7b1b8ababb0aa99bdb6adf7beb6af">[email protected]</a>, 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.
    <bullet> The information will be received by the FHWA to fulfill 
the grant application submittal requirements and agreements prescribed 
in the NOFO.
    <bullet> The collection of information will include grant 
application forms and narratives, grant agreements, and project 
management quarterly reporting.
    <bullet> 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.
    <bullet> 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]
BILLING CODE 4910-22-P


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