Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36495 

Rail Corridor Service Program 

Combined Final Tier 1 Program EIS/ 

EIR and Record of Decision, Review 

Period, Contact: Amanda Ciampolillo 

617–866–9398. 

Under 23 U.S.C. 139(n)(2), FRA has 

issued a single document that consists 

of a final environmental impact 

statement and record of decision. 

Therefore, the 30-day wait/review 

period under NEPA does not apply to 

this action. 

EIS No. 20220079, Draft, EPA, IBWC, 

CA, United States-Mexico-Canada 

Agreement Mitigation of 

Contaminated Transboundary Flows 

Project, Comment Period Ends: 08/01/ 

2022, Contact: Elizabeth A. Borowiec 

415–972–3419. 

EIS No. 20220080, Draft, FERC, IL, 

Three Rivers Interconnection Project, 

Comment Period Ends: 08/01/2022, 

Contact: Office of External Affairs 

866–208–3372. 

EIS No. 20220081, Final, FHWA, MD, I– 

495 & I–270 Managed Lanes Study 

Final Environmental Impact 

Statement and Final Section 4(f) 

Evaluation, Review Period Ends: 07/ 

18/2022, Contact: Jeanette Mar 410– 

779–7152. 

EIS No. 20220082, Draft, USDA, OR, 

Powder River Mining, Comment 

Period Ends: 08/01/2022, Contact: 

Kendall Cikanek 541–523–1301. 

EIS No. 20220083, Third Revised Draft, 

USACE, FL, Lake Okeechobee 

Watershed Restoration Project Third 

Revised Draft Integrated Project 

Implementation Report and 

Supplemental Environmental Impact 

Statement, Comment Period Ends: 08/ 

01/2022, Contact: Melissa Nasuti 904– 

232–1368. 

Dated: June 14, 2022. 

Cindy S. Barger, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2022–13100 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9901–01–OW] 

Notice of Funding Availability for 

Credit Assistance Under SWIFIA 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of funding availability. 

SUMMARY: In the Further Consolidated 

Appropriations Act, 2022, signed by the 

President on March 15, 2022, Congress 

provided $5 million in budget authority 

solely for the cost of direct loans or 

guaranteed loans to state infrastructure 

financing authority borrowers for 

projects described in Section 5026(9) of 

the Water Infrastructure Finance and 

Innovation Act of 2014 (WIFIA). The 

state infrastructure financing authority 

WIFIA (SWIFIA) program will use this 

amount to cover the subsidy required to 

provide a much larger amount of credit 

assistance. The U.S. Environmental 

Protection Agency (EPA) estimates that 

this budget authority may provide 

approximately $1 billion in credit 

assistance and may finance 

approximately $2 billion in water 

infrastructure investment. The purpose 

of this notice of funding availability 

(NOFA) is to solicit letters of interest 

(LOIs) from prospective state 

infrastructure financing authority 

borrowers seeking credit assistance from 

EPA under the SWIFIA program. 

ADDRESSES: Prospective borrowers 

should submit all LOIs electronically 

via EPA’s SharePoint site. To be granted 

access to the SharePoint site, 

prospective borrowers should contact 

wifia@epa.gov and request a link to the 

SharePoint site, where they can securely 

upload their LOIs and then email wifia@

epa.gov once the complete LOI package 

has been uploaded to the SharePoint 

site. 

EPA will notify prospective borrowers 

that their LOI has been received via a 

confirmation email. 

Prospective borrowers can access 

additional information, including the 

WIFIA program handbook and 

application materials, on the WIFIA 

website: https://www.epa.gov/wifia. 

SUPPLEMENTARY INFORMATION: 

A. Submission and Review of Letters of 

Interest on a Rolling Basis 

EPA is changing the way it accepts 

LOIs to respond to both market 

conditions, including cost inflation and 

supply chain shortages and unparalleled 

Federal investment through the 

Infrastructure Investment and Jobs Act 

and the American Rescue Plan Act. The 

WIFIA program will be responsive to 

these conditions by moving to a rolling 

selection process, whereby LOIs may be 

submitted by prospective borrowers and 

received by EPA at any time throughout 

the year. A rolling selection process 

allows EPA to provide year-round 

access to WIFIA funding and quicker 

selection decisions to prospective 

borrowers. 

B. Funding Availability Period 

LOIs may be submitted by prospective 

borrowers and will be received by EPA 

on a rolling basis. The LOI submittal 

period will begin on September 6, 2022 

and end on the earlier of (i) the date on 

which all budget authority made 

available under this NOFA is committed 

(notice of such to be provided on the 

WIFIA website: https://www.epa.gov/ 

wifia), and (ii) publication of a 

subsequent notice ending this LOI 

submittal period or replacing this NOFA 

with an updated NOFA. 

In addition, EPA reserves the right to 

make additional awards using FY2022 

appropriated funding or funding 

authority carried over from previous 

fiscal years, consistent with agency 

policy and guidance, if additional 

funding is available after the original 

selections are made. Any funding 

authority not obligated in the fiscal year 

for which it is authorized remains 

available for obligation in subsequent 

years. 

C. Summary of NOFA and Submission 

Instructions 

EPA will evaluate and select proposed 

projects described in the LOIs using the 

selection criteria established in the 

statute and regulation, and further 

described in this NOFA as well as the 

WIFIA program handbook. This NOFA 

explains budgetary scoring factors to 

determine budgetary scoring 

compliance and outlines the process 

that prospective borrowers should 

follow to be considered for SWIFIA 

credit assistance. 

For a project to be considered during 

the availability period, EPA must 

receive an LOI, via SharePoint, before 

the end of the availability period. EPA 

anticipates any future NOFA will 

include sufficient notice of the end of 

the period for borrowers to complete 

LOIs in progress. 

When writing an LOI, prospective 

borrowers should complete the SWIFIA 

LOI form and follow the guidelines 

contained on the WIFIA program 

website: https://www.epa.gov/wifia/ 

wifia-application-materials. Prospective 

borrowers should provide the LOI and 

any attachments as Microsoft Word 

documents or searchable PDF files, 

whenever possible, to facilitate EPA’s 

review. Additionally, state 

infrastructure financing authority 

prospective borrowers should ensure 

that financial information, including the 

pro forma financial statement, is in a 

formula-based Microsoft Excel 

document. Section VI of this NOFA 

provides additional details on the LOI’s 

content. 

EPA will invite each prospective 

borrower whose project proposal is 

selected for continuation in the process 

to submit a final application. Final 

applications should be received by EPA 


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1This estimated loan volume is provided for 

reference only. Consistent with the Federal Credit 

Reform Act of 1990 and the requirements of the 

Office of Management and Budget, the actual 

subsidy cost of providing credit assistance is based 

on individual project characteristics and calculated 

on a project-by-project basis. Thus, actual lending 

capacity may vary. 

within 365 days of the invitation to 

apply, but EPA may extend the deadline 

on a case-by-case basis if the LOI 

schedule signals additional time may be 

needed. 

D. Opportunities To Learn More About 

the SWIFIA Program 

EPA will host a webinar to provide 

state infrastructure financing authority 

prospective borrowers further 

information about the SWIFIA loans and 

submitting an LOI. The webinar date 

and registration instructions can be 

found on the WIFIA program website: 

https://www.epa.gov/wifia/wifiawebinars. 

Prospective borrowers with questions 

about the program or interest in meeting 

with the WIFIA program staff may send 

a request to wifia@epa.gov. EPA will 

meet with all prospective borrowers 

interested in discussing the program 

prior to submission of an LOI. 

Table of Contents 

I. Background 

II. Program Funding 

III. Program Priorities 

IV. Eligibility Requirements 

V. Budgetary Scoring Determination for NonFederal Projects 

VI. Types of Credit Assistance 

VII. Letters of Interest and Applications 

VIII. Fees 

IX. Selection Criteria 

X. Federal Requirements 

I. Background 

Congress enacted WIFIA as part of the 

Water Resources Reform and 

Development Act of 2014 (WRRDA). 

Codified at 33 U.S.C. 3901–3914, WIFIA 

authorizes a Federal credit program for 

water infrastructure projects to be 

administered by EPA. WIFIA authorizes 

EPA to provide Federal credit assistance 

in the form of secured (direct) loans or 

loan guarantees for eligible water 

infrastructure projects. 

Congress amended WIFIA in 

America’s Water Infrastructure Act of 

2018 (AWIA) to authorize Federal credit 

assistance exclusively for state 

infrastructure financing authority 

borrowers. 

The WIFIA program’s mission is to 

accelerate investment in our nation’s 

water, wastewater, and stormwater 

infrastructure by providing long-term, 

low-cost, supplemental credit assistance 

under customized terms to creditworthy 

water infrastructure projects of national 

and regional significance. 

II. Program Funding 

Congress appropriated $5 million in 

funding to cover the subsidy cost of 

providing SWIFIA credit assistance. The 

subsidy cost covers the Federal 

government’s risk that the loan may not 

be paid back. EPA anticipates that the 

average subsidy cost for SWIFIA-funded 

projects will be relatively low; therefore, 

this funding can be leveraged into a 

much larger amount of credit assistance. 

EPA estimates that this appropriation 

will allow the agency to provide 

approximately $1 billion 1 in long-term, 

low-cost financing to water 

infrastructure projects and accelerate 

approximately $2 billion in 

infrastructure investment around the 

country. 

III. Program Priorities 

This year, EPA identified the 

following priorities to address the water 

sector’s most pressing public health and 

environmental challenges: 

A. Increasing Investment in 

Economically-Stressed Communities 

EPA encourages the submission of 

projects that address the ever increasing 

needs of economically-stressed and 

disadvantaged communities to ensure 

they benefit from investments in water 

infrastructure, and therefore improve 

the public health and livability of these 

communities. 

B. Making Rapid Progress on Lead 

Service Line Replacement 

Many drinking water systems still 

have lead service lines. EPA encourages 

the submission of drinking water 

infrastructure projects that will help 

make rapid progress on replacing lead 

service lines so we can reduce exposure 

to lead and improve public health. 

C. Addressing PFAS and Emerging 

Contaminants 

EPA encourages the submission of 

projects that focus on reducing people’s 

exposure to perfluoroalkyl and 

polyfluoroalkyl substances (PFAS) and 

other emerging contaminants through 

drinking water and/or projects that help 

address discharges of emerging 

contaminants from wastewater and/or 

stormwater systems. 

D. Supporting One Water Innovation 

and Resilience 

One of the defining features of WIFIA 

is the broad range of eligible projects 

that EPA can fund to flexibly support 

priority needs. EPA encourages 

borrowers to submit applications for 

water infrastructure projects that are 

new and innovative in regards to energy 

efficiency, addressing drought, or 

reducing water pollution and 

contaminants. In addition, EPA 

encourages the submission of water 

infrastructure projects that are more 

resilient to all threats—whether it is 

natural disasters (e.g., flooding, 

hurricanes), climate change, or threats 

such as bioterrorism and cyber-attacks. 

IV. Eligibility Requirements 

The WIFIA statute and implementing 

rules set forth eligibility requirements 

for prospective borrowers, projects, and 

project costs. The requirements outlined 

below are described in greater detail in 

the WIFIA program handbook. 

A. Eligible Applicants 

Prospective borrowers must be a state 

infrastructure financing authority to be 

eligible for SWIFIA credit assistance. 

EPA defines state infrastructure 

financing authority as the state entity 

established or designated by the 

Governor of a state to receive a 

capitalization grant provided by, or 

otherwise carry out the requirements of, 

title VI of the Federal Water Pollution 

Control Act (33 U.S.C. 1381 et. seq.) or 

section 1452 of the Safe Drinking Water 

Act (42 U.S.C. 300j–12). 

B. Eligible Projects 

To be eligible for SWIFIA credit 

assistance, the SWIFIA project must be 

a combination of projects, each of which 

is eligible for assistance under section 

603(c) of the Federal Water Pollution 

Control Act (33 U.S.C. 1383(c)) or 

section 1452(a)(2) of the Safe Drinking 

Water Act (42 U.S.C. 300j–12(a)(2)), for 

which a state infrastructure financing 

authority submits to the Administrator a 

single application. 

C. Eligible Costs 

As defined under 33 U.S.C. 3906 and 

described in the WIFIA program 

handbook, eligible project costs are 

costs for the SWIFIA project associated 

with the following activities: 

(i) Development-phase activities, 

including planning, feasibility analysis 

(including any related analysis 

necessary to carry out an eligible 

project), revenue forecasting, 

environmental review, permitting, 

preliminary engineering and design 

work, and other preconstruction 

activities; 

(ii) Construction, reconstruction, 

rehabilitation, and replacement 

activities; 

(iii) The acquisition of real property 

or an interest in real property (including 

water rights, land relating to the project, 

and improvements to land), 


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environmental mitigation (including 

acquisitions pursuant to 33 U.S.C. 

3905(8)), construction contingencies, 

and acquisition of equipment; and 

(iv) Capitalized interest necessary to 

meet market requirements, reasonably 

required reserve funds, capital issuance 

expenses, and other carrying costs 

during construction. Capitalized interest 

on WIFIA credit assistance may not be 

included as an eligible project cost. 

D. Threshold Requirements 

For a project to be eligible for SWIFIA 

credit assistance, a SWIFIA project must 

meet the following criteria: 

(i) The SWIFIA project and obligor 

shall be creditworthy; 

(ii) A SWIFIA project shall have 

eligible project costs that are reasonably 

anticipated to equal or exceed $20 

million; 

(iii) SWIFIA project financing shall be 

repayable, in whole or in part, from 

state or local taxes, user fees, or other 

dedicated revenue sources that also 

secure the senior SWIFIA project 

obligations of the SWIFIA project; shall 

include a rate covenant, coverage 

requirement, or similar security feature 

supporting the SWIFIA project 

obligations; and may have a lien on 

revenues subject to any lien securing 

SWIFIA project obligations; and 

(iv) The project shall have an 

operations and maintenance plan that 

identifies adequate revenues to operate, 

maintain, and repair the project during 

its useful life. 

V. Budgetary Scoring Determination for 

Non-Federal Projects 

To comply with Public Law 116–260, 

a project selected for WIFIA financing 

using funding appropriated in FY2022 

will be assessed using two initial 

screening questions and sixteen scoring 

factors. These questions will help the 

Office of Management and Budget 

(OMB) determine compliance with 

budgetary scoring rules, a process that 

will be conducted in parallel to EPA’s 

LOI evaluation process outlined in this 

NOFA. The questions may be found in 

Federal Register publication: Water 

Infrastructure Finance and Innovation 

Act Program (WIFIA) Criteria Pursuant 

to Public Law 116–94 (85 FR 39189, 

June 30, 2020). These questions are also 

published in the WIFIA program 

handbook and further information about 

the scoring process may be referenced 

therein. EPA encourages project 

applicants to review the scoring criteria 

and provide sufficient information in 

the LOI or as an attachment to the LOI 

to facilitate EPA and OMB review of the 

prospective project considering the 

scoring criteria. 

VI. Types of Credit Assistance 

Under SWIFIA, EPA is offering senior 

loans, on parity with a state 

infrastructure financing authority’s 

other senior capital market debt of the 

same credit quality, to help the state 

infrastructure financing authority lend 

to multiple projects throughout the 

state. The maximum amount of SWIFIA 

credit assistance to a state infrastructure 

financing authority is 49 percent of 

estimated eligible total costs of the 

eligible projects that are included in the 

SWIFIA project. Prospective SWIFIA 

borrowers may request one the 

following loan structures: 

(i) EPA accepts the state infrastructure 

financing authority’s existing capital 

market debt indenture (to the extent the 

terms are permissible under Federal law 

and regulation and WIFIA program 

policies); or 

(ii) The state infrastructure financing 

authority accepts EPA’s standard terms. 

More information on EPA’s standard 

terms is available at www.epa.gov/wifia. 

VII. Letters of Interest and Applications 

Each prospective borrower will be 

required to submit an LOI and, if 

invited, an application to EPA to be 

considered for approval. This section 

describes the LOI submission and 

application submission. 

A. Letter of Interest (LOI) 

Prospective borrowers seeking a 

SWIFIA loan must submit an LOI 

describing the SWIFIA project 

fundamentals and addressing the 

SWIFIA selection criteria. 

The primary purpose of the LOI is to 

provide adequate information to EPA to 

validate the eligibility and 

creditworthiness of the prospective 

borrower and the prospective SWIFIA 

project and determine the extent to 

which the SWIFIA project meets the 

statutory selection criteria. Based on its 

review of the information provided in 

the LOI, EPA will invite prospective 

borrowers to submit applications for 

their projects. Prospective borrowers are 

encouraged to review the WIFIA 

program handbook to help create the 

best justification possible for the project 

and a cohesive and comprehensive LOI 

submittal. 

Prospective borrowers should utilize 

the LOI form on the WIFIA website and 

ensure that sufficient detail about the 

project is provided for EPA’s review. 

EPA will notify a prospective borrower 

if its SWIFIA project is deemed 

ineligible as described in Section IV of 

this NOFA. 

Below is guidance on what EPA 

recommends be included in the LOI. 

1. Loan Information: The prospective 

borrower provides information about its 

legal name, business address, program 

website, employer/taxpayer 

identification number, Unique Entity ID 

from SAM.gov, requested SWIFIA loan 

amount and SWIFIA project cost 

amount, type of SRF loans (clean water, 

drinking water, or both), and requested 

loan structure. 

2. Supporting Documents: The 

prospective borrower provides the most 

recent version of the following 

documents: Intended Use Plan (IUP), 

SRF Operating Agreements with EPA 

Regional Office, documentation of the 

priority setting system, and bond 

indenture (if applicable). 

3. Contact Information: The 

prospective borrower identifies the 

points of contact with whom the WIFIA 

program should communicate regarding 

the LOI. To complete EPA’s evaluation, 

the WIFIA program staff may contact a 

prospective borrower regarding specific 

information in the LOI. 

4. Certifications. The prospective 

borrower certifies that it will abide by 

all applicable laws and regulations, if 

selected to receive funding. 

B. Application 

After EPA concludes its evaluation of 

a complete LOI package, a selection 

committee will invite the prospective 

borrower to apply based on satisfaction 

of the eligibility requirements. So long 

as budget authority remains available, 

EPA expects that all eligible state 

infrastructure financing authority 

prospective borrowers will be invited to 

apply for a SWIFIA loan. 

An invitation to apply for WIFIA 

credit assistance does not guarantee 

EPA’s approval, which remains subject 

to a project’s continued eligibility, 

including creditworthiness, the 

successful negotiation of terms 

acceptable to EPA, and the availability 

of funds at the time at which all 

necessary recommendations and 

evaluations have been completed. 

However, the purpose of EPA’s LOI 

review is to pre-screen prospective 

borrowers to the extent practicable. It is 

expected that EPA will only invite 

prospective borrowers to apply if it 

anticipates that those prospective 

borrowers are able to obtain WIFIA 

credit assistance. Detailed information 

needs for the application are listed in 

the application form and described in 

the WIFIA program handbook. 

VIII. Fees 

There is no fee to submit an LOI. For 

information about application and postclosing costs, please refer to the WIFIA 

fee rule, Fees for Water Infrastructure 


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Project Applications under WIFIA, 40 

CFR 35.10080. 

IX. Selection Criteria 

This section specifies the criteria and 

process that EPA will use to evaluate 

LOIs and award applications for 

SWIFIA assistance. 

The selection criteria described are 

the statutory selection criteria for state 

infrastructure financing authority 

borrowers. Following its eligibility 

determination, EPA will determine the 

extent to which the SWIFIA project 

meets the statutory selection criteria. 

They are as follows: 

(i) The extent to which the project 

financing plan includes public or 

private financing in addition to 

assistance under [WIFIA]. 33 U.S.C. 

3907(b)(2)(B); 40 CFR 35.10055(a)(10). 

(ii) The likelihood that assistance 

under [WIFIA] would enable the project 

to proceed at an earlier date than the 

project would otherwise be able to 

proceed. 33 U.S.C. 3907(b)(2)(C); 40 CFR 

35.10055(a)(2). 

(iii) The extent to which the project 

uses new or innovative approaches. 33 

U.S.C. 3907(b)(2)(D); 40 CFR 

35.10055(a)(3). 

(iv) The amount of budget authority 

required to fund the Federal credit 

instrument made available under 

[WIFIA]. 33 U.S.C. 3907(b)(2)(E). 

(v) The extent to which the project (1) 

protects against extreme weather events, 

such as floods or hurricanes; or (2) helps 

maintain or protect the environment. 33 

U.S.C. 3907(b)(2)(F); 40 CFR 

35.10055(a)(4); 40 CFR 35.10055(a)(5). 

(vi) The extent to which the project 

serves regions with significant energy 

exploration, development, or 

production areas. 33 U.S.C. 

3907(b)(2)(G); 40 CFR 35.10055(a)(6). 

(vii) The extent to which a project 

serves regions with significant water 

resource challenges, including the need 

to address: (1) water quality concerns in 

areas of regional, national, or 

international significance; (2) water 

quantity concerns related to 

groundwater, surface water, or other 

water sources; (3) significant flood risk; 

(4) water resource challenges identified 

in existing regional, state, or multistate 

agreements; or (5) water resources with 

exceptional recreational value or 

ecological importance. 33 U.S.C. 

3907(b)(2)(H); 40 CFR 35.10055(a)(7). 

(viii) The extent to which the project 

addresses identified municipal, state, or 

regional priorities. 33 U.S.C. 

3907(b)(2)(I); 40 CFR 35.10055(a)(8). 

(ix) The readiness of the project to 

proceed toward development, including 

a demonstration by the obligor that 

there is a reasonable expectation that 

the contracting process for construction 

of the project can commence by not later 

than 90 days after the date on which a 

Federal credit instrument is obligated 

for the project under [WIFIA]. 33 U.S.C. 

3907(b)(2)(J); 40 CFR 35.10055(a)(9). 

(x) The extent to which assistance 

under [WIFIA] reduces the contribution 

of Federal assistance to the project. 33 

U.S.C. 3907(b)(2)(K); 40 CFR 

35.10055(a)(11). 

X. Federal Requirements 

All state infrastructure financing 

authorities receiving SWIFIA assistance 

must comply with the applicable 

Federal requirements including (but not 

limited to) those listed below. 

Compliance with Federal requirements 

is not required for submitting a letter of 

interest, being invited to apply for a 

SWIFIA loan, or submitting an 

application. The WIFIA program will 

review selected projects for compliance 

with Federal requirements once they 

have submitted an application. 

Additional information about Federal 

compliance requirements, including 

WIFIA’s BABAA waiver and the WIFIA 

Borrower Guide to Federal 

Requirements, is available at https://

www.epa.gov/wifia/wifia-federalcompliance-requirements. 

(i) Build America, Buy America Act, 

Public Law 117–58, § 70911–70917; 

(ii) American Iron and Steel 

Requirement, 33 U.S.C. 3914, https://

www.epa.gov/cwsrf/state-revolvingfund-american-iron-and-steel-aisrequirement; 

(iii) Labor Standards, 33 U.S.C. 1372, 

https://www.dol.gov/whd/govcontracts/ 

dbra.htm; 

(iv) National Environmental Policy 

Act of 1969, 42 U.S.C. 4321 et seq., 

https://www.epa.gov/nepa; 

(v) Floodplain Management, 

Executive Order 11988, 42 FR 26951, 

May 24, 1977, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11988.html; 

(vi) Archeological and Historic 

Preservation Act, 16 U.S.C. 469–469c, 

https://www.nps.gov/archeology/tools/ 

laws/ahpa.htm; 

(vii) Clean Air Act, 42 U.S.C. 7401 et 

seq., https://www.epa.gov/clean-air-actoverview; 

(viii) Clean Water Act, 33 U.S.C. 1251 

et seq., https://www.epa.gov/aboutepa/ 

about-office-water; 

(ix) Coastal Barrier Resources Act, 16 

U.S.C. 3501 et seq.; 

(x) Coastal Zone Management Act, 16 

U.S.C. 1451 et seq., https://

coast.noaa.gov/czm/about/; 

(xi) Endangered Species Act, 16 

U.S.C. 1531 et seq., https://

www.fws.gov/endangered/; 

(xii) Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, Executive Order 12898, 59 

FR 7629, February 16, 1994, https://

www.archives.gov/files/federal-register/ 

executive-orders/pdf/12898.pdf; 

(xiii) Protection of Wetlands, 

Executive Order 11990, 42 FR 26961, 

May 25, 1977, as amended by Executive 

Order 12608, 52 FR 34617, September 

14, 1987, https://www.epa.gov/cwa-404; 

(xiv) Farmland Protection Policy Act, 

7 U.S.C. 4201 et seq., https://

www.nrcs.usda.gov/wps/portal/nrcs/ 

detail/?cid=nrcs143_008275; 

(xv) Fish and Wildlife Coordination 

Act, 16 U.S.C. 661–666c, as amended, 

https://www.fws.gov/; 

(xvi) Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq., https://

www.fisheries.noaa.gov/resource/

document/magnuson-stevens-fisheryconservation-and-management-act; 

(xvii) National Historic Preservation 

Act, 16 U.S.C. 470 et seq., https://

www.nps.gov/archeology/tools/laws/ 

NHPA.htm; 

(xviii) Safe Drinking Water Act, 42 

U.S.C. 300f et seq., https://

www.epa.gov/ground-water-anddrinking-water; 

(xix) Wild and Scenic Rivers Act, 16 

U.S.C. 1271 et seq., https://rivers.gov/; 

(xx) Debarment and Suspension, 

Executive Order 12549, 51 FR 6370, 

February 18, 1986, https://

www.archives.gov/federal-register/

codification/executive-order/ 

12549.html; 

(xxi) Demonstration Cities and 

Metropolitan Development Act, 42 

U.S.C. 3301 et seq., as amended, and 

Executive Order 12372, 47 FR 30959, 

July 14, 1982, http://portal.hud.gov/

hudportal/HUD?src=/program_offices/ 

comm_planning; 

(xxii) New Restrictions on Lobbying, 

31 U.S.C. 1352, https://www.epa.gov/ 

grants/lobbying-and-litigationinformation-federal-grants-cooperativeagreements-contracts-and-loans; 

(xxiii) Prohibitions relating to 

violations of the Clean Water Act or 

Clean Air Act with respect to Federal 

contracts, grants, or loans under 42 

U.S.C. 7606 and 33 U.S.C. 1368, and 

Executive Order 11738, 38 FR 25161, 

September 12, 1973, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11738.html; 

(xxiv) The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, 42 


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U.S.C. 4601 et seq., https://

www.gpo.gov/fdsys/pkg/FR-2005-01-04/ 

pdf/05-6.pdf; 

(xxv) Age Discrimination Act, 42 

U.S.C. 6101 et seq., https://

www.eeoc.gov/laws/statutes/adea.cfm; 

(xxvi) Equal Employment 

Opportunity, Executive Order 11246, 30 

FR 12319, September 28, 1965, https:// 

www.dol.gov/ofccp/regs/compliance/ 

ca_11246.htm; 

(xxvii) Section 13 of the Clean Water 

Act, Public Law 92–500, codified in 42 

U.S.C. 1251, https://www.epa.gov/ocr/ 

external-civil-rights-compliance-officetitle-vi; 

(xxviii) Section 504 of the 

Rehabilitation Act, 29 U.S.C. 794, 

supplemented by Executive Orders 

11914, 41 FR 17871, April 29, 1976 and 

11250, 30 FR 13003, October 13, 1965, 

https://www.epa.gov/ocr/section-504-

rehabilitation-act-1973#:∼:text=No

%20otherwise%20qualified%20

individual%20with,activity

%20receiving%20Federal%20

financial%20assistance; 

(xxix) Title VI of the Civil Rights Act 

of 1964, 42 U.S.C. 2000d et seq., https:// 

www.epa.gov/environmentaljustice/ 

title-vi-and-environmental-justice; and 

(xxx) Participation by Disadvantaged 

Business Enterprises in Procurement 

under the Environmental Protection 

Agency Financial Assistance 

Agreements, 73 FR 15904, March 26, 

2008, https://www.epa.gov/resourcessmall-businesses. 

Detailed information about some of 

these requirements is outlined in the 

WIFIA program handbook and WIFIA 

Borrower Guide to Federal 

Requirements. Further information can 

be found at the links above. 

Authority: 33 U.S.C. 3901–3914; 40 

CFR part 35. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–12986 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0262; FR ID 91808] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the Federal 

Communications Commission (FCC or 

Commission) invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collection. 

Comments are requested concerning: 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor a 

collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

control number. 

DATES: Written PRA comments should 

be submitted on or before August 16, 

2022. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–0262. 

Title: Section 90.179, Shared Use of 

Radio Stations. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit, non-for-profit institutions, and 

state, local and tribal government. 

Number of Respondents and 

Responses: 43,000 respondents, 43,000 

responses. 

Estimated Time per Response: .25 up 

to .75 hours. 

Frequency of Response: 

Recordkeeping requirement and On 

occasion reporting requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is contained 

in 47 U.S.C. 154(i), 161, 303(g), 303(r) 

and 332(c)(7). 

Total Annual Burden: 43,000 hours. 

Annual Cost Burden: No cost. 

Needs and Uses: The Commission 

was directed by the United States 

Congress, in the Balanced Budget Act of 

1997, to dedicate 2.4 MHz of 

electromagnetic spectrum in the 746– 

806 MHz band for public safety services. 

Section 90.179 requires that Part 90 

licensees that share use of their private 

land mobile radio facility on non-profit, 

cost-sharing basis to prepare and keep a 

written sharing agreement as part of the 

station records. Regardless of the 

method of sharing, an up-to-date list of 

persons who are sharing the station and 

the basis of their eligibility under Part 

90 must be maintained. The 

requirement is necessary to identify 

users of the system should interference 

problems develop. This information is 

used by the Commission to investigate 

interference complaints and resolve 

interference and operational complaints 

that may arise among the users. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2022–13063 Filed 6–16–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[GN Docket No. 17–208; FRS 17381] 

Meeting of the Communications Equity 

and Diversity Council 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, this 

notice announces the July 22, 2022, 

meeting of the Federal Communications 

Commission’s (Commission) 

Communications Equity and Diversity 

Council (CEDC or Council). 

DATES: Friday, July 22, 2022, from 10 

a.m. ET to 4 p.m. ET. 

ADDRESSES: The CEDC meeting will be 

held virtually and be available to the 

public for viewing via the internet at 

http://www.fcc.gov/live. 

FOR FURTHER INFORMATION CONTACT: 

Jamila Bess Johnson, Designated Federal 

Officer (DFO) of the CEDC, (202) 418– 

2608, Jamila-Bess.Johnson@fcc.gov; 

Rashann Duvall, Co-Deputy DFO of the 

CEDC, (202) 418–1438, 

Rashann.Duvall@fcc.gov; or, Keyla 

Hernandez-Ulloa, Co-Deputy DFO of the 


lotter on DSK11XQN23PROD with NOTICES1