[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25728-25736]
[FR Doc No: 2023-08907]

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DEPARTMENT OF TRANSPORTATION

Regional Infrastructure Accelerator Demonstration Program

AGENCY: Build America Bureau, U.S. Department of Transportation (DOT).

ACTION: Notice of Funding Opportunity (NOFO).

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SUMMARY: The Build America Bureau (the Bureau) is issuing this NOFO to
solicit applications from eligible parties for $24 million in Regional
Infrastructure Accelerator (RIA) grants. RIA grants assist entities in
developing improved infrastructure priorities and financing strategies
for the accelerated development of a project that is eligible for
funding under the Transportation Infrastructure Finance and Innovation
Act (TIFIA) Credit Program under Chapter 6 of Title 23, United States
Code. These grants are intended to support RIAs that: (1) serve a
defined geographic area; (2) act as a resource to qualified entities in
the geographic area; and (3) demonstrate the effectiveness of the RIA
to expedite the delivery of projects eligible for the TIFIA credit
program. Projects are not required to apply for or receive TIFIA credit
assistance to be eligible; however, applicants who are considering the
appropriateness of innovative financing methods to accelerate the
delivery of eligible projects are strongly encouraged to apply.

SUPPLEMENTARY INFORMATION: Each section of this notice contains
information and instructions relevant to the application process for
the RIA grants. All applicants should read this notice in its entirety
so that they have the information they need to submit eligible and
competitive applications.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    1. Background: The Bureau is responsible for driving transportation
infrastructure development projects in the United States through
innovative financing programs. Its mission is to provide access to the
Bureau's credit programs in a streamlined, expedient, and transparent
manner. In accomplishing its mission, the Bureau also provides
technical assistance and encourages innovative best practices in
project planning, financing, delivery, and monitoring. The Bureau draws
upon the full resources of DOT to best utilize the expertise of DOT's
Operating Administrations while promoting a culture of innovation and
customer service. Section 1441 of the FAST Act \1\ authorized the
Program. In 2021, the Bureau selected the first five Regional
Infrastructure Accelerators: (1) Fresno Council of Governments, (2)
Chicago Metropolitan Agency for Planning, (3) Northeast Ohio Areawide
Coordinating Agency (4), San Diego Association of Governments, and (5)
Pacific Northwest Economic Region. In 2022, five additional Regional
Infrastructure Accelerators were selected: (1) Central Ohio Transit
Authority (COTA), (2) Dona Ana County, New Mexico, (3) Panhandle
Regional Planning Commission, Texas, (4) Resilient SR 37 Program,
California and, (5) Suffolk County, New York Midway Crossing Project.
The Consolidated Appropriations Act, 2022,\2\ appropriated $12 million
for the Program and the Consolidated Appropriations Act, 2023,\3\
appropriated an additional $12 million for the Program, which are
collectively the source of funding for this NOFO.
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    \1\ Public Law 114-94, 129 Stat. 1312, 1435 (Dec. 4, 2015).
    \2\ Public Law 117-103, div. L, tit. I, 136 Stat. 49, 699 (Mar.
15, 2022).
    \3\ Public Law 117-328, div. L, tit. I (Dec. 29, 2022).
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    The intent of this Program is to demonstrate and evaluate the
viability and effectiveness of a small number of accelerators in
expediting the development and delivery of specific transportation
projects within the geographic area of each RIA designated by the
Bureau. It is the intent of the Bureau to expand the Program coverage
building on the earlier designation of RIAs. Therefore, the Bureau
continues to be keenly interested in testing several RIA models to
address needs based on common transportation infrastructure make-up and
challenges within regions, particularly those with less capacity or
experience in using innovative financing and project delivery methods,
and those supporting eligible entities that are likely to be first time
users of the Bureau's credit programs, such as the TIFIA credit
program. The Bureau plans to select between six and ten RIAs for awards
under this program based on proposals submitted by eligible applicants
in response to this notice. Ideally, when considering both the first
and the second rounds of awards under this program, there will be a
diversity of RIAs selected for awards based on geography (e.g., rural,
urban, disadvantaged community), organizational structure (e.g., within
a State or Metropolitan Planning Organization), operational business
model and focus.
    2. Regional Designation: For the purpose of this Program, the
Bureau will consider regional designation as broadly defined in the
following categories:
    a. State or Multi-State: An RIA that serves one State or a group of
State entities with common interest in transportation projects being
delivered.
    b. Urban or Metropolitan Planning Organization (MPO): An RIA that
serves a local government or group of local jurisdictions with
transportation functions within a metropolitan area.

For this Program, if the RIA serves MPOs sharing State boundaries, it
would be considered under this category.
    c. Rural: An RIA that serves a region of rural communities as
defined in this notice. An RIA serving multiple rural communities
across state lines would be considered under this category. To be
considered a rural RIA, most of the projects listed in the proposal
must meet the definition of rural in Section C.5 of this notice.
    d. Other: Any proposal that includes multiple jurisdictions with
shared priorities and interest, such as a river basin, transportation
corridor, etc.
    3. Program Goals: The primary intent for the Program is to
establish regional infrastructure accelerators to assist entities in
accelerating TIFIA-eligible projects through innovative financing
strategies. This assistance can be in the form of any of the following,
based on the needs of the project(s) that the applicant proposes to
assist:
    a. Project planning;
    b. Studies and analysis, including feasibility, market analysis,
project costs, cost-benefit analysis, value for money, public benefit,
economic assessments, and environmental reviews;
    c. Revenue forecasting, funding and financing options analyses,
application of best practices, innovative financing/procurement, and
public-private partnerships, where appropriate;
    d. Preliminary engineering and design work;
    e. Statutory and regulatory compliance analyses;
    f. Evaluation of opportunities for private financing, project
bundling and/or phasing;
    g. Enhancement of rural project sponsors' capacity to use the TIFIA
credit program and to the extent applicable, the RRIF credit program,
PABs, and other innovative financing methods, helping to bundle
projects across multiple smaller jurisdictions to create a project at a
scale that is more appropriate for the Bureau's credit assistance, and
pool the jurisdictions' resources to apply for TIFIA credit assistance
and, to the extent applicable, RRIF credit assistance and PABs, as well
as leveraging DOT's Rural Opportunities to Use Transportation for
Economic Success (ROUTES) Initiatives' \4\ products and offerings; and
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    \4\ https://www.transportation.gov/rural.
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    h. Other direct, project-specific support as appropriate.
    Funding, in the form of and pursuant to a cooperative agreement,
will be provided for a period of two years, with an option for a third
year for an RIA that meets or exceeds agreed-upon performance targets
and subject to the availability of funding. Competitive proposals that
demonstrate long-term self-sustainability will be given greater
consideration. The Bureau intends to work closely with grant recipients
in developing and, as applicable, financing projects within the RIA's
geographic area.
    4. Changes from the FY 2022 NOFO: This FY 2023 Regional
Infrastructure Accelerator Demonstration Program NOFO updates the FY
2022 NOFO to further reflect this Administration's priorities for
creating good-paying jobs, improving safety, applying transformative
technology, and explicitly addressing climate change and advancing
racial equity. Therefore, the Bureau added transit-oriented development
(TOD) as an additional point of consideration under the Transformative
Projects criterion to clarify how the long-term project outcomes should
align with the Administration's priorities in a competitive
application. While the Program is not exclusive to TOD projects,
proposals to aid projects that incorporate (1) economic development and
related infrastructure activities and (2) public infrastructure/joint
development opportunities will be more competitive than those that do
not. Applicants should refer to Section E of this NOFO for descriptions
of the selection criteria, including the new Transformative Projects
criterion. Additionally, this NOFO clarifies what would be required of
the Applicant to receive a STRONG rating for evaluation Criteria, where
applicable, as further described in Section E.1.

B. Federal Award Information

    The Bureau hereby requests applications from all interested parties
to result in the award of between six and ten cooperative agreement(s),
each containing substantial involvement on the part of the Federal
government in accordance with 31 U.S.C. 6305. The Bureau anticipates
substantial involvement between it and the recipient during this
Program, which will include:
     Technical assistance and guidance to the recipients;
     Close monitoring of performance;
     Involvement in technical decisions; and
     Participation in status meetings including kick off
meeting and annual technical and budget reviews.
    1. Program Funding and Awards:
    a. Number of Awards: The Bureau intends to select between six and
ten RIAs, based on the number and viability of applications.
    b. Size of Award: A total of $24 million is available for this
Program. The size of individual awards will be determined by the number
of RIAs selected and the funding needed for each to meet the Program
objectives. Depending on the strength of applications and total amount
requested, the Bureau anticipates providing grants in the range of $2
million to $4 million to establish between six and ten new RIAs.
However, the Bureau may make smaller or larger awards depending on the
applications received.
    2. Funding Period: The Bureau intends to award funds on a yearly
basis for a base period of two years under a cooperative agreement. A
third option year of funding may be provided subject to RIA performance
and the availability of funds.

C. Eligibility Information

    1. Eligible Applicants: To be selected as an RIA, an applicant must
be an eligible applicant. An eligible applicant is: A U.S. public
entity, including a state, multi-state or multi-jurisdictional group,
municipality, county, a special purpose district or public authority
with a transportation function including a port authority, a tribal
government or consortium of tribal governments, MPO, regional
transportation planning organization (RTPO), Regional Transportation
Commission, or a political subdivision of a State or local government,
or combination of two or more of the foregoing.
    If more than one public entity is applying in a single proposal,
one of the entities must be designated as the lead applicant. Such
applicant will be authorized to negotiate and enter into a cooperative
agreement with the Government on behalf of the entities, will be
responsible for performance, and will be accountable for Federal funds.
Applications will be accepted from a partnership between one or more
eligible applicants and another U.S. party, such as a private entity,
consulting or engineering firms, etc., as long as one of the eligible
public entities is designated as the lead applicant and that entity
will enter into the cooperative agreement, with the shared goal of
establishing and operating the RIA. The location of all RIA application
parties, their entire jurisdictions and all proposed projects must be
located solely in the United States and its territories. Proposed
projects and project sponsors must meet the eligibility requirements
for TIFIA credit assistance as further defined in Chapter 3 of the
Bureau's

Credit Program Guide (https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29). In
addition, the Bureau will consider the extent to which an applicant
demonstrates the capacity to accelerate projects eligible for the TIFIA
credit program using innovative financing strategies, including but not
limited to the TIFIA and RRIF credit programs, PABs, project bundling,
and private investment. Further, the Bureau will consider applications
from any RIA that was designated pursuant to the prior NOFO to the
extent that funding is available, and only after giving primary
consideration to applicants who have not received any funding under
this Program.
    2. Cost sharing or Matching: There is no requirement for cost
sharing or matching the grant funds.
    3. Other: For the purposes of this Program, the following terms
apply:
    a. Rural Infrastructure Project: Consistent with the definition of
``rural infrastructure project'' for the TIFIA credit program,
``rural'' for the purposes of this notice is defined as a surface
transportation infrastructure project located outside of an urban area
with a population greater than 150,000 individuals, as determined by
the Bureau of the Census in the 2020 decennial Census (https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural.html).
    b. A proposed region whose geographic authority is in both an urban
and a rural area will be designated as urban if the majority of the
projects listed in the proposal are in urban areas. Conversely, a
proposed region located in both an urban area and a rural area will be
designated as rural if the majority of the projects listed in the
proposal are in rural areas.
    c. Urban/Rural Project determination: A project located in both an
urban and a rural area will be designated as urban if less than \1/2\
of the project's costs are spent in a rural area. If \2/3\ or more of a
project's costs are spent in a rural area, the project will be
designated as rural. For projects where between \1/2\ and \2/3\ of
their costs are in a rural area, the project will be designated as
rural if the applicant demonstrates that \2/3\ or more of the project's
benefits accrue to users in rural areas; if the applicant does not make
such demonstration, the project will be designated as urban.

D. Application and Submission Information

    1. Address to Request Application Package: Applicants must submit
all applications through www.Grants.gov. Instructions for submitting
applications can be found at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program.
    2. Content and Form of Application Submission: The application must
include the Standard Form 424 (Application for Federal Assistance),
cover page, and the application narrative.
    a. Cover Page: Each application should include a cover page that
contains, at minimum, name of the applicant and sponsor, if applicable,
the location; the region of designation; category of designation for
which the applicant is to be considered; and RIA budget amount.
    b. Application Narrative: The application narrative should follow
the basic outline below to address the Program requirements and assist
evaluators in locating relevant information.

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                 Section                         Section explained
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(1) Applicant............................  See D.2.c(1).
(2) Description of Proposed Geographic/    See D.2.c(2).
 Jurisdictional Region.
(3) Accelerator Proposal.................  See D.2.c(3).
(4) Budget, Sources and Uses for Full      See D.2.c(4).
 Accelerator Funds.
(5) Selection Criteria...................  See D.2.c(5).
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    The application narrative should include the information necessary
for the Bureau to determine that the applicant(s) proposed regional
focus, the overall accelerator proposal, list of intended projects,
budget, and other information satisfy the eligibility requirements set
forth in this notice as described in Section C and to assess the
selection criteria specified in Section E.1. To the extent practicable,
applicants should provide supporting data and documentation in a form
that is directly verifiable by the Bureau. The Bureau may ask any
applicant to supplement data in its application but expects
applications to be complete upon submission.
    c. Additional Application Requirements: In addition to the
information requested elsewhere in this notice, the proposal should
include a table of contents, maps, and graphics, as appropriate, to
make the information easier to review. The Bureau recommends that the
proposal be prepared with standard formatting preferences (a single-
spaced document, using a standard 12-point font such as Times New
Roman, with 1-inch margins). The proposal narrative should not exceed
30 pages in length, excluding cover pages and table of contents. The
only substantive portions that may exceed the 30-page limit are
documents supporting assertions or conclusions made in the 30-page
project narrative. If possible, applicants should provide website links
to supporting documentation rather than copies of these supporting
materials. If supporting documents are submitted, applicants should
clearly identify within the project narrative the relevant portion of
the project narrative that each supporting document supports. The
Bureau recommends using appropriately descriptive file names (e.g.,
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding'' and
``Letters of Support,'' etc.) for all attachments.
    (1) Applicant: This section of the narrative should include
information describing the organizational structure and formal/informal
relationships between parties associated with the RIA application. It
should directly address the eligibility requirements discussed in
section C.1 of this notice. The applicant should use this section to
explain the organization's history, qualifications, and experience of
key individuals who will be working in the proposed RIA. This section
should also include descriptions of previous projects relevant to the
RIA's activities envisioned in this notice that the organization or its
individuals completed. The narrative should place the projects into a
broader context of transportation infrastructure investments being
pursued by the proposed RIA and its sponsors, and how it will benefit
communities within the region.
    (2) Description of Proposed Geographic/Jurisdictional Region: This
portion of the narrative should precisely identify the geographic
region, the jurisdictions, and the agencies the RIA would serve and
identify which of the four categories of RIA identified in Section A.2
that this proposal falls under and explain why. The narrative should
explain the commonalities and shared interests of parties in the
proposed region as the rationale for establishing a region of this
construct, along with the affiliations within the proposed region.
Consistent with the Department's ROUTES Initiative (https://www.transportation.gov/rural), the Department encourages applicants to
describe how activities proposed in their application would address the
unique challenges facing rural transportation networks, regardless of

the geographic location of those activities.
    (3) Accelerator Proposal: This section of the narrative should
explain how the applicant(s) propose to establish the RIA and the
concept of how it would operate and provide the project-specific
services identified in Section A of this notice, along with a proposed
timeline for establishing the RIA, with key milestones and suggested
performance targets during its operational phase. The applicant should
describe, in sufficient detail, the applicant's approach to identifying
and building the pipeline of projects to be undertaken and how they
will develop such projects utilizing their experience and expertise and
identify an initial pipeline of projects that are eligible for TIFIA
credit assistance and, to the extent applicable, RRIF credit
assistance, PABs, and other innovative financing methods. The narrative
should also contain a list of projects that the applicant(s) propose to
assist under the RIA. This list, to the extent possible, should
include, at a minimum:
     Project name and location;
     Project sponsor;
     Description;
     Bureau program most likely to apply (TIFIA, RRIF, PABs);
     Support activities the applicant envisions the RIA would
provide
     Project costs; and
     Project timeline.
    (4) Budget, Sources, and Uses for Full Accelerator Funds: The
applicant should include a proposed financial plan and budget including
the Federal grant amount requested, non-Federal matching funds, in-kind
contributions, and other sources. The proposed plan should also include
a list of activities and projects as well as all associated costs of
the proposed RIA. For non-Federal matching funds, the application
should identify the sources as well as supporting documentation
indicating the degree to which those funds are committed and dates of
their availability. If the applicant proposes that the RIA will reach a
point of long-term self-sustainability, the narrative should include a
description of how this would happen, and where the long-term funds
would be generated.
    (5) Selection Criteria: This section of the application should
demonstrate how the application aligns with the criteria described in
Section E.1 of this notice. The Bureau intends to select and designate
RIA that demonstrate in their proposal the ability to effectively
assist entities in developing improved infrastructure priorities and
financing strategies for the accelerated development of one or more
projects eligible for funding under the TIFIA program. DOT will
consider the extent to which an RIA is likely to effectively promote
investment in eligible projects, develop a pipeline of regional
transportation projects, and result in the implementation of projects
with innovative financing methods.
    The Bureau encourages applicants to either address each criterion
or expressly state that the project does not address the criterion.
Applicants are not required to follow a specific format, but the
outline suggested addresses each criterion separately and promotes a
clear discussion that assists project evaluators. To minimize redundant
information in the application, the Bureau encourages applicants to
cross-reference from this section of their application to relevant
substantive information in other sections of the application. The
guidance in this section is about how the applicant should organize
their application. Guidance describing how the Bureau will evaluate
projects against the Selection Criteria is in Section E.1 of this
notice. Applicants also should review that section before considering
how to organize their application.
    Executive Order 13858 directs the Executive Branch Departments and
agencies to maximize the use of goods, products, and materials produced
in the United States through the terms and conditions of Federal
financial assistance awards. If selected for an award, grant recipients
must be prepared to demonstrate how they will maximize the use of
domestic goods, products, and materials, as applicable, in establishing
and operating the RIA. Additionally, recipients should be prepared to
demonstrate in their application how the RIA addresses the goals and
priorities of the Department's strategic plan (https://www.transportation.gov/dot-strategic-plan). These include: (1) Safety,
(2) Economic Strength and Global Competitiveness, (3) Climate and
Sustainability, (4) Transformation, and (5) Organizational Excellence.
These can include projects that: (1) Are consistent with the National
Roadway Safety Strategy, (2) Improves access or provides economic
growth opportunities for underserved, overburdened, or rural
communities, (3) Considers climate change and sustainability impacts in
its planning and construction, (4) Have innovative approaches or
delivery methods, and (5) Support Organizational Excellence.
    3. Unique Entity Identifier (UEI) and System for Award Management
(SAM): Each applicant must: (1) be registered in SAM before submitting
its application; (2) provide a valid UEI in its application; and (3)
maintain an active SAM registration with current information at all
times during which it has an active Federal award or an application or
plan under consideration by a Federal awarding agency. The Department
may not make an RIA grant to an applicant until the applicant has
complied with all applicable UEI and SAM requirements and, if an
applicant has not fully complied with the requirements by the time the
Department is ready to make a grant, the Department may determine that
the applicant is not qualified to receive a grant and use that
determination as a basis for making a grant to another applicant.
    4. Submission Dates and Timelines:
    a. Deadline: Applications in response to this NOFO must be
submitted through Grants.gov by 11:59 p.m. EST 30 days after
publication. The Grants.gov ``Apply'' function will open on the date of
publication. The Bureau may hold NOFO information session(s) before the
due date.
    To apply through Grants.gov, applicants must:
    (1) Obtain a Unique Entity Identifier (UEI);
    (2) Register with SAM at www.sam.gov; and
    (3) Create a Grants.gov username and password; and
    (4) The E-business Point of Contact (POC) at the applicant's
organization must also respond to the registration email from
Grants.gov and login at Grants.gov to authorize the POC as an
Authorized Organization Representative (AOR). Please note that there
can only be one AOR per organization.
    Please note that the Grants.gov registration process usually takes
4-6 weeks to complete, and that the Department will not consider late
applications that are the result of failure to register or comply with
Grants.gov applicant requirements in a timely manner. For information
and instruction on each of these processes, please see instructions a
https://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
interested parties experience difficulties at any point during the
registration or application process, please call the Grants.gov
Customer Service Support Hotline at 1(800) 518-4726, Monday-Friday from
7:00 a.m. to 9:00 p.m. EST.
    5. Intergovernmental Review: Applications under this NOFO are not
subject to the State review under E.O. 12372.
    6. Funding Restrictions: The DOT will not reimburse any pre-award
costs or application preparation costs under this

proposed agreement. Construction of any project being contemplated or
aided by the proposed RIA is not an allowable activity under this
grant. All non-domestic travel must be approved in writing by the DOT
designated agreement officer prior to incurring costs. Travel
requirements under the cooperative agreement will be met using the most
economical form of transportation available. If economy class
transportation is not available, the request for payment vouchers must
be submitted with justification for use of higher-class travel
indicating dates, times, and flight numbers.
    7. Other Submission Requirements:
    a. Submission Location: Application must be submitted to
Grants.gov.
    b. Consideration of Application: Only applicants who comply with
all submission deadlines described in this notice and submit
applications through Grants.gov will be eligible for award. Applicants
are strongly encouraged to make submissions in advance of the deadline.
    c. Civil Rights: Applications should demonstrate that the recipient
has a plan for compliance with civil rights obligations and
nondiscrimination laws, including Title VI of the Civil Rights Act of
1964 and implementing regulations (49 CFR 21), the Americans with
Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation
Act, and accompanying regulations. This may include, as applicable,
providing a Title VI plan, community participation plan, and other
information about the communities that will be benefited and impacted
by the project. The Department's and DOT Offices of Civil Rights may
provide resources and technical assistance to recipients to ensure full
and sustainable compliance with Federal civil rights requirements.
    d. Late Applications: Applicants experiencing technical issues with
Grants.gov that are beyond the applicant's control must contact
[email protected] prior to the application deadline with the username of the
registrant and details of the technical issue experienced. The
applicant must provide:
     Details of the technical issue experienced;
     Screen capture(s) of the technical issues experienced
along with corresponding
     Grants.gov ``Grant tracking number'';
     The ``Legal Business Name'' for the applicant that was
provided in the SF-424;
     The AOR name submitted in the SF-424;
     The UEI number associated with the application; and
     The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its website; (3) failure to follow all the
instructions in this notice of funding opportunity; and (4) technical
issues experienced with the applicant's computer or information
technology environment. After the Department reviews all information
submitted and contacts the Grants.gov Help Desk to validate reported
technical issues, USDOT staff will contact late applicants to approve
or deny a request to submit a late application through Grants.gov. If
the reported technical issues cannot be validated, late applications
will be rejected as untimely.

E. Application Review Information

    1. Criteria: This section specifies the criteria that the Bureau
will use to evaluate and award applications for Program grants. The
criteria incorporate statutory eligibility requirements. For each
proposed RIA, the Bureau will review the application for the criteria
described in this section. The Bureau does not consider any criterion
more important than the others.
    The Bureau does not consider cost sharing as an independent
criterion, and proposed cost sharing is considered in an application's
merit evaluation only to the extent it is relevant to the criteria
enumerated below in sections E.1.a-k, including Partnerships, Business
Model, Readiness, Value, Equity and Accessibility, and Self-
Sustainability.
    a. Experience/Qualifications: The Bureau will assess whether and to
what extent the applicant(s):
     Possess the ability to evaluate and promote innovative
financing methods for local projects including the use of TIFIA and
RRIF and other Federal assistance programs where applicable;
     Possess the ability to provide technical assistance on
best practices with respect to financing projects;
     Have experience in increasing transparency with respect to
infrastructure project analysis and using innovative financing for
public infrastructure projects;
     Have experience in deploying predevelopment capital
programs designed to facilitate the creation of a pipeline of
infrastructure projects available for investment;
     Have a history of successfully bundling smaller-scale and
rural projects into larger proposals that may be more attractive for
private investment;
     Have demonstrated success in reducing transaction costs
for public project sponsors;
     Demonstrate the capacity to accelerate projects eligible
for the TIFIA credit program through the use of innovative financing
strategies such as the TIFIA and RRIF credit programs, and PABs, but
also other strategies such as project bundling, grant anticipation
revenue vehicles, and incorporating private capital;
     Have experience in the development of project financial
plans, including developing capital structures and identifying funding
and financing sources, as well as a demonstrated track record for
achieving financial close; and
     Have experience in working with private sector project
sponsors and disadvantaged communities, including but not limited to
rural and low resources communities, as well as working on
revitalization projects.
    An applicant that demonstrates substantial experience of 10 years
or more in the development and delivery of projects, including the use
of alternative delivery methods such as design-build and/or public-
private partnerships as related to the items above, and innovative
financing particularly the use of TIFIA, RRIF, or PABs will receive a
STRONG rating in this criterion. Those who demonstrate between 5 and 9
years or more in the development and delivery of projects will receive
a MODERATE rating in this category and those who demonstrate less than
5 years of experience in the development and delivery of projects will
received a MARGINAL in this rating category.
    b. Partnerships: The Bureau will consider the extent to which
applicant(s) demonstrate strong collaboration among a broad range of
stakeholders in the proposed geographic area of the RIA. Applications
with strong partnerships typically involve multiple partners in project
development, funding, and finance. The Bureau will consider applicants
that partner with State, local, and private entities for the
development, funding, financing, and delivery of transportation
projects to have strong partnerships. Evaluators will also consider the
relationship of the RIA with its constituencies and authorities granted
by them. The Bureau will assess the ability of the proposed RIA to
develop projects quickly and effectively by having the support of its
members and

working across jurisdictions. An applicant that can demonstrate
effective partnerships with the public sector, the private sector, and
academic entities will receive a STRONG rating in this criterion.
Partnerships that include participation in other Federal technical
assistance and capacity building programs as part of the Thriving
Communities Network, which includes DOT and HUD's Thriving Communities
Programs, USDA's Rural Partners Network, and the Department of Commerce
Economic Recovery Corps (https://www.transportation.gov/federal-interagency-thriving-communities-network) will receive a STRONG rating.
An applicant that can demonstrate an effective partnership with at
least one of the aforementioned entities (public, private, academic)
will receive a MODERATE rating in this criterion and those who cannot
demonstrate any partnerships will receive a MARGINAL rating. For some
best practices on establishing partnerships, please see DOT's Promising
Practices for Meaningful Public Involvement in Transportation Decision-
Making at https://www.transportation.gov/priorities/equity/promising-practices-meaningful-public-involvement-transportation-decision-making.
    c. Business Model: The Bureau will assess the thoroughness,
viability, and efficiency that the applicant(s) can establish the RIA,
commence operations, and deliver project-specific outcomes. In
conducting this assessment, evaluators will consider:
     The effort, cost, and actions necessary to initially
establish the proposed RIA, including workspaces, fixed and variable
costs, staffing, and the development of relationships necessary to
function effectively in the proposed region.
     How the proposed RIA will operate once established,
including costs, organization, efficiency, availability of the
technical expertise and resources needed to accelerate project
delivery, work plan, and time required to achieve operational status.
    An applicant that can demonstrate the ability to stand up the RIA
and achieve operations status within 6 months of executing a
cooperative agreement will receive a STRONG rating in this criterion.
Those who can demonstrate the ability to begin operations within 9
months will receive a MODERATE rating in this criterion and those who
cannot demonstrate that the RIA will be operational within 9 months
will receive a MARGINAL.
    d. Pipeline: The Bureau will consider the proposed pipeline of
projects and assess whether and to what extent they are likely to be
eligible projects and appropriate for development activities as set
forth in this notice. The proposed pipeline must include one or more
projects likely to be eligible for TIFIA credit assistance. In
evaluating this criterion, the Bureau will consider the number of
eligible projects in the pipeline, the degree of local/regional support
of the projects, and the project status and timeline as they relate to
the likelihood the RIA can impact the project during the performance
period of the cooperative agreement. Evaluators will also assess the
degree to which the skills/experience of the applicant(s) are
appropriate for the proposed projects. The Bureau will also evaluate
the viability and proposed approach the applicant(s) have developed for
attracting new projects into the RIA's pipeline of projects and how
they propose to assist and monitor the development of those projects.
An applicant that can demonstrate one or more projects in their
pipeline that are likely eligible for TIFIA credit assistance, provide
at least two letters indicating the degree of local/regional support
for the projects and demonstrate a timeline that makes receipt of TIFIA
credit assistance likely within the RIA performance period will receive
a STRONG rating in this criterion. Those who can demonstrate at least
one or more projects in their pipeline that are likely eligible for
TIFIA credit assistance and provide at least one letter indicating the
degree of local/regional support for the project(s), but whose
likelihood of receipt of TIFIA credit assistance is not within the RIA
performance period will receive a MODERATE rating in this criterion.
Those who can demonstrate at least one or more projects in their
pipeline that are likely eligible for TIFIA credit assistance but
cannot provide any documentation indicating the degree of local/
regional support for the project(s) or any likelihood of receipt of
TIFIA credit assistance at any point during the RIA performance period
will receive a MARGINAL rating.
    e. Readiness: The Bureau will consider the extent to which the
proposed RIA is prepared to commence operations and begin achieving
project-specific results. Evaluators will also assess the viability of
the proposed budget as it relates to the establishment and successful
operations of the RIA as proposed. In considering this criterion,
evaluators will also determine the likelihood that proposed milestones
will be subject to delay and/or cost overruns and the risk that key
milestones might be missed due to internal or external factors.
Evaluators will also consider the readiness of the proposed RIA to
commence operations, including but not limited to:
     Availability of facilities and equipment necessary to
function;
     Existing governance structure as compared to proposed
future structure; and
     Ability of existing relationships to rapidly deliver
results.
    An applicant that can demonstrate an effective plan to commence
operations in at least the three aforementioned categories will receive
a STRONG rating in this criterion. Those who can demonstrate an
effective plan to commence operations in at least two will receive a
MODERATE and those who cannot demonstrate an effective plan to commence
operations in any of the above three categories will receive a MARGINAL
rating.
    f. Underserved Communities: In support of Executive Order 13985,
Advancing Racial Equity and Support for Underserved Communities Through
the Federal Government (86 FR 7009), the Department encourages
applicants to consider how the project will address the challenges
faced by individuals and underserved communities, including rural areas
and other areas of persistent poverty.
    Where applicable, the Bureau will evaluate the degree to which the
proposal can support individual rural project sponsors. The Bureau will
consider opportunities proposed to overcome common barriers to using
TIFIA and RRIF credit assistance and other innovative financing methods
for rural project sponsors, such as project size or type, financial or
institutional capabilities, and other issues. Consistent with the
Department's ROUTES Initiative (https://www.transportation.gov/rural),
the Department recognizes that rural transportation networks face
unique challenges. To the extent that those challenges are reflected in
the merit criteria listed in this section, the Department will consider
how the activities proposed in the application will address those
challenges, regardless of the geographic location of those activities.
This can include delivering innovative technical assistance and
leveraging the DOT ROUTES Initiative to provide user-friendly
information and other assistance to rural project sponsors. An
applicant that can demonstrate an effective plan to support a rural
project sponsor in overcoming common barriers to using federal credit
assistance and innovative finance methods in at least one proposed
project will receive a STRONG rating in this criterion. An applicant
that can

demonstrate a plan to support rural project sponsors who are not
immediately in their pipeline will receive a MODERATE rating in this
criterion and those who cannot demonstrate a plan to support rural
sponsors will receive a MARGINAL rating.
    g. Self-Sustainability: The Bureau will consider whether and to
what extent the proposed RIA will achieve self-sustainability during
the proposed award's 2-year base period of performance. If a proposed
RIA does not anticipate achieving self-sustainability, the Bureau will
evaluate the extent to which the execution of a cooperative agreement
for the RIA might deliver long-term benefits as the result of projects
delivered during the 2-year base funding period.
    An applicant that can demonstrate a model of self-sustainability
and continued benefits beyond the base 2-year period of Federal funding
will receive a STRONG rating in this criterion. An applicant that can
demonstrate a plan to achieve self-sustainability within the base 2-
year period of funding based on measurable milestones will receive a
MODERATE in this rating criterion and those who present no plan for
self-sustainability will receive a MARGINAL in this rating.
    h. Risk: The Bureau will assess the risks to successful
implementation and operation of the proposed RIA, and the degree to
which proposed mitigation activities might address/offset those risks.
Evaluators will also assess the practicality of proposed mitigation
activities in terms of cost, complexity, and time required to implement
the actions.
    An applicant that can demonstrate the development of, at minimum,
qualitative risk assessments of proposed projects in meeting Federal
eligibility requirements (see Chapter 3 of the Bureau Credit Programs
Guide: https://www.transportation.gov/sites/buildamerica.dot.gov/files/2019-08/Bureau%20Credit%20Programs%20Guide_March_2017.pdf#page=29) will
receive a STRONG rating in this criterion. An applicant that can
demonstrate a plan to develop, at minimum, qualitative risk assessments
of proposed projects within the base 2-year period of funding will
receive a MODERATE rating in this criterion and those that demonstrate
no risk assessments or plans to develop them will receive a MARGINAL
rating.
    i. Alignment with Department Priorities: The Bureau will consider
the extent to which each proposed project to be aided by the RIA will
address the following Department priorities:
    (1) Safety: DOT will assess the project's ability to foster a safe
transportation system for the movement of goods and people, consistent
with the Department's strategic goal to reduce transportation-related
fatalities and serious injuries across the transportation system.
    (2) Environmental Sustainability: DOT will consider the extent to
which the project incorporates considerations of climate change,
resilience, and environmental justice in the planning stage and in
project delivery, such as through incorporation of specific design
elements that address climate change impacts.
    (3) Equity and Accessibility: DOT will consider the extent to which
the project: (i) increases transportation choices and equity for
individuals; (ii) expands access to essential services for communities
across the United States, particularly for underserved or disadvantaged
communities; (iii) improves connectivity for citizens to jobs, health
care, and other critical destinations, or (iv) proactively addresses
racial equity \5\ and barriers to opportunity, through the planning
process or through incorporation of design elements.
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    \5\ Definitions for ``racial equity'' and ``underserved
communities'' are found in Executive Order 13985, Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government, Sections 2 (a) and (b).
---------------------------------------------------------------------------

    (4) Innovative Technology: Consistent with DOT's objectives to
encourage transformative projects that take the lead in deploying
innovative technologies and practices that drive outcomes in terms of
safety, environmental sustainability, quality of life, and state of
good repair, DOT will assess the extent to which the applicant uses
innovative strategies, including: (i) innovative technologies, (ii)
innovative project delivery, or (iii) innovative financing.
    (5) State of Good Repair: Consistent with the Department's
strategic objective to maintain and upgrade existing transportation
systems, DOT will assess whether and to what extent: (i) the project is
consistent with relevant plans to maintain transportation facilities or
systems in a state of good repair and address current and projected
vulnerabilities; (ii) if left unimproved, the poor condition of the
asset will threaten future transportation network efficiency, mobility
of goods or accessibility and mobility of people, or economic growth;
(iii) the project is appropriately capitalized, including whether
project sponsor has conducted scenario planning and/or fiscal impact
analysis to understand the future impact on public finances; (iv) a
sustainable source of revenue is available for operations and
maintenance of the project and the project will reduce overall life-
cycle costs; (v) the project will maintain or improve transportation
infrastructure that supports border security functions; and (vi) the
project includes a plan to maintain the transportation infrastructure
in a state of good repair. DOT will prioritize projects that ensure the
good condition of transportation infrastructure, including rural
transportation infrastructure, that support commerce and economic
growth. Transit Oriented Development: The Bureau will consider the
extent to which the proposed project addresses Departmental priorities
to improve transportation systems, including: (i) Project Types: DOT
will consider whether the project incorporates economic development and
related infrastructure activities. Additionally, DOT will consider
whether the project supports safety, environmental-sustainability,
equity, and accessibility in a mix of commercial, residential, office,
and entertainment uses; and (ii) Transportation Access: DOT will
consider if the project is accessible to one or more: (a) fixed
guideway transit facilities, (b) passenger rail stations, (c) intercity
bus stations, and (d) intermodal facilities (transit, freight transfer,
etc.).
    An applicant that can demonstrate a pipeline of projects that
address the TOD elements described in item (6) above and four others of
the above-listed Department priorities in this Section E.1(j)
(Transformative Projects) will receive a STRONG rating in this
criterion. An applicant that does not address the TOD elements
described in item (6) but does address at least four of the other
Department priorities listed above in this Section E.1(j) will receive
a MODERATE rating in this criterion and an applicant that does not
address the TOD elements and addresses four or fewer of other
Department priorities listed above in this Section E.1(j) will receive
a MARGINAL rating.
    2. Review and Selection Process: A Review Team will review all
eligible applications received by the deadline. This Review Team will
consist of Modal Liaisons from the Federal Highway Administration
(FHWA), Federal Railroad Administration (FRA) and Federal Transit
Administration (FTA) and Bureau employees designated by the Executive
Director. The Program application review and selection process consists
of two steps: (1) the Review Team will evaluate each proposal and
determine eligibility based on criteria outlined in Section C.1 of

this notice and, if deemed eligible; and (2) the Review Team will
evaluate the proposal based on the Selection Criteria in Section E.1 of
this notice. In reviewing the application, each criterion will be given
one of the following qualitative ratings: STRONG, MODERATE, or
MARGINAL. These ratings are based on the proposal's alignment with the
criteria. No one criterion is weighted higher or lower than the others.
A collective overall assessment rating will be assigned to each
application based on the qualitative ratings assigned for each
evaluation criterion. The collective overall assessment will ultimately
reflect how well the proposal meets the goals of the Program as stated
in Section A.3. of the NOFO. Each application will be given an overall
assessment rating of ``high'' if it receives a rating of STRONG in at
least 6 of the evaluation criteria; an overall assessment rating of
``medium'' if it receives a rating of MODERATE or a combination of
STRONG and MODERATE in at least 6 of the evaluation criteria; and an
overall assessment rating of ``low'' if it receives a MARGINAL in 6 or
more categories. The Review Team will present its findings to the
Senior Review Team, which consists of Bureau Leadership, including the
Executive Director. The Executive Director will finalize
recommendations and present them to the Secretary. The final award
decisions will be made by the Secretary of Transportation.
    3. Additional Information: Prior to award, each selected applicant
will be subject to a risk assessment as required by 2 CFR 200.205. The
Department must review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently the Federal Awardee Performance and Integrity
Information System (FAPIIS)). An applicant may review information in
FAPIIS and comment on any information about itself. The Department will
consider comments by the applicant, in addition to the other
information in FAPIIS, in making a judgment about the applicant's
integrity, business ethics, and record of performance under Federal
awards when completing the review of risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation process outlined in Section E.2, the
Secretary will announce awarded projects by posting a list of selected
RIA at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. Notice of selection is
not authorization to begin performance or to incur costs for the
proposed RIA. Following that announcement, the Bureau will contact the
point of contact listed in the SF 424 to initiate negotiation of the
cooperative agreement.

2. Administration and National Policy Requirements

    Performance under the cooperative agreement will be governed by and
in compliance with the following requirements as applicable to the type
of organization of the recipient and any applicable sub-recipients:
    All awards will be administered pursuant to the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part
1201.
    Other terms and condition as well as performance requirements will
be addressed in the cooperative agreement with the recipient. The full
terms and conditions of the resulting cooperative agreements may vary
and are subject to discussions and negotiations.
    In connection with any program or activity conducted with or
benefiting from funds awarded under this notice, recipients of funds
must comply with all applicable requirements of Federal law, including,
without limitation, the Constitution of the United States, statutory,
regulatory, and public policy requirements, including without
limitation, those protecting free speech, religious liberty, public
welfare, the environment, and prohibiting discrimination; the
conditions of performance, non-discrimination requirements, and other
assurances made applicable to the award of funds in accordance with
regulations of the Department of Transportation; and applicable Federal
financial assistance and contracting principles promulgated by the
Office of Management and Budget. In complying with these requirements,
recipients must ensure that no concession agreements are denied, or
other contracting decisions made based on speech or other activities
protected by the First Amendment. If the Bureau determines that a
recipient has failed to comply with applicable Federal requirements,
the Bureau may terminate the award of funds and disallow previously
incurred costs, requiring the recipient to reimburse any expended award
funds.
    Executive Order 13858 directs the Executive Branch Departments and
agencies to maximize the use of goods, products, and materials produced
in the United States through the terms and conditions of Federal
financial assistance awards. If selected for an award, grant recipients
must be prepared to demonstrate how they will maximize the use of
domestic goods, products, and materials, as applicable, in establishing
and operating the RIA. Additionally, recipients should be prepared to
demonstrate in their application how the RIA addresses the goals and
priorities of the Department's new strategic plan. These include: (1)
Safety, (2) Economic Strength and Global Competitiveness, (3) Climate
and Sustainability, (4) Transformation, and (5) Organizational
Excellence. These can include projects that: (1) Are consistent with
the National Roadway Safety Strategy, (2) Improves access or provides
economic growth opportunities for underserved, overburdened, or rural
communities, (3) Considers climate change and sustainability impacts in
its planning and construction, (4) Have innovative approaches or
delivery methods, and (5) Support Organizational Excellence.
    As a condition of grant award, grant recipients may be required to
participate in an evaluation undertaken by DOT or another agency or
partner. The evaluation may take different forms such as an
implementation assessment across grant recipients, an impact and/or
outcomes analysis of all or selected sites within or across grant
recipients, or a benefit/cost analysis or assessment of return on
investment. DOT may require applicants to collect data elements to aid
the evaluation and/or use information available through other
reporting. As a part of the evaluation, as a condition of award, grant
recipients must agree to: (1) make records available to the evaluation
contractor or DOT staff; (2) provide access to program records, and any
other relevant documents to calculate costs and benefits; (3) in the
case of an impact analysis, facilitate the access to relevant
information as requested; and (4) follow evaluation procedures as
specified by the evaluation contractor or DOT staff.
    Recipients and subrecipients are also encouraged to incorporate
program evaluation including associated data collection activities from
the outset of their program design and implementation to meaningfully
document and measure their progress towards meeting an agency priority
goal(s). Title I of the Foundations for Evidence-Based Policymaking Act
of 2018 (Evidence Act), Public Law No. 115-435 (2019) urges Federal
awarding agencies and Federal assistance recipients and subrecipients
to use

program evaluation as a critical tool to learn, to improve equitable
delivery, and to elevate program service and delivery across the
program lifecycle. Evaluation means ``an assessment using systematic
data collection and analysis of one or more programs, policies, and
organizations intended to assess their effectiveness and efficiency.''
5 U.S.C. 311. Credible program evaluation activities are implemented
with relevance and utility, rigor, independence and objectivity,
transparency, and ethics (OMB Circular A-11, Part 6 Section 290).
    For grant recipients receiving an award, evaluation costs are
allowable costs (either as direct or indirect), unless prohibited by
statute or regulation, and such costs may include the personnel and
equipment needed for data infrastructure and expertise in data
analysis, performance, and evaluation. (2 CFR part 200).''

3. Reporting

a. Progress Reporting on Grant Activities
    Each applicant selected for RIA grant funding must submit semi-
annual progress reports as agreed to in the cooperative agreement to
monitor RIA progress and ensure accountability and financial
transparency in the RIA grant program.
b. Performance Reporting
    Each applicant selected for RIA grant funding must collect and
report to the Bureau information on the RIA's performance. The specific
performance information and reporting period will be determined on an
individual basis. It is anticipated that the Bureau and the grant
recipient will hold monthly progress meetings or calls during which the
Bureau will review project activities, schedule, and progress toward
mutually agreed upon performance targets in the cooperative agreement.
If the award is greater than $500,000 over the period of performance,
applicants must adhere to the post award reporting requirements
reflected in 2 CFR part 200 Appendix XII--Award Term and Condition for
Recipient Integrity and Performance Matters.
c. Reporting of Matters Related to Recipient Integrity and Performance
    If the total value of a selected applicant's currently active
grants, cooperative agreements, and procurement contracts from all
Federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this Federal award, then the
applicant during that period of time must maintain the currency of
information reported to the SAM that is made available in the
designated integrity and performance system (currently FAPIIS) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the
Bureau via email at [email protected] or call Carl Ringgold at<PHONE_NUMBER>
or [email protected]. A TDD is available for individuals who are
deaf or hard of hearing at<PHONE_NUMBER>. In addition, the Bureau will
post answers to questions and requests for clarifications on the
Bureau's website at https://www.transportation.gov/buildamerica/financing/tifia/regional-infrastructure-accelerators-program. To ensure
applicants receive accurate information about eligibility or the
Program, the applicant is encouraged to contact the Bureau directly,
rather than through intermediaries or third parties, with questions.
Bureau staff may also conduct briefings on the Program grant selection
and award process upon request.

H. Other Information

    1. Protection of Confidential Business Information: All information
submitted as part of or in support of any application shall use
publicly available data or data that can be made public and
methodologies that are accepted by industry practice and standards, to
the extent possible. If the applicant submits information that the
applicant considers to be a trade secret or confidential commercial or
financial information, the applicant must provide that information in a
separate document, which the applicant may cross-reference from the
application narrative or other portions of the application. For the
separate document containing confidential information, the applicant
must do the following: (1) State on the cover of that document that it
``Contains Confidential Business Information (CBI)''; (2) mark each
page that contains confidential information with ``CBI''; (3) highlight
or otherwise denote the confidential content on each page; and (4) at
the end of the document, indicate whether the CBI is information the
applicant keeps private and is of the type of information the applicant
regularly keeps private. The Bureau/DOT will protect confidential
information complying with these requirements to the extent required
under applicable law. If the Bureau receives a Freedom of Information
Act (FOIA) request for the information that the applicant has marked in
accordance with this section, the Bureau will follow the procedures
described in its FOIA regulations at 49 CFR 7.29.
    2. Publication/Sharing of Application Information: Following the
completion of the selection process and announcement of awards, the
Bureau intends to publish a list of all applications received along
with the names of the applicant organizations and funding amounts
requested. Except for the information properly marked as described in
Section H.1, the Bureau may make application narratives publicly
available or share application information within DOT or with other
Federal agencies if DOT determines that sharing is relevant to the
respective program's objectives.
    3. Department Feedback on Application: The Bureau strives to
provide as much information as possible to assist applicants with the
application process. The Bureau will not review applications in
advance, but Bureau staff are available for technical questions and
assistance.
    4. Rural Opportunities: User-friendly information and resources
regarding DOT's discretionary grant programs relevant to rural
applicants can be found on the Rural Opportunities to Use
Transportation for Economic Success (ROUTES) website at
transportation.gov/rural.

    Issued in Washington, DC.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2023-08907 Filed 4-26-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45843-45845]
[FR Doc No: 2017-21117]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-0885: FRL-9964-91-OAR]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Implementation of the 2008 Ozone National Ambient Air
Quality Standards for Ozone; State Implementation Plan Requirements,
EPA ICR No. 2347.03, OMB Control No. 2060-0695

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that the Environmental Protection Agency (EPA) is
planning to submit a request to renew an existing approved Information
Collection Request (ICR) 2347.02, ``Implementation of the 2008 National
Ambient Air Quality Standards for Ozone,'' to the Office of Management
and Budget (OMB). This existing ICR is scheduled to expire on January
31, 2018. Before submitting the ICR renewal request to OMB for review
and approval, the EPA is soliciting comments on specific aspects of the
proposed information collection as described below.

DATES: Comments must be submitted on or before November 1, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0885, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from http://www.regulations.gov. The EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The web, cloud, or other file sharing system). For additional
submission methods, the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. H. Lynn Dail, Air Quality Policy

Division, Office of Air Quality Planning and Standards, Mail Code C539-
01, Environmental Protection Agency, T.W. Alexander Drive, Research
Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number:
(919) 541-0824; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the Docket and/or submit comments?

    The EPA has established a public docket for this ICR under Docket
ID No. EPA-HQ-OAR-2010-0885, which is available for online viewing at
https://www.regulations.gov, or for in person viewing at the Air Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is<PHONE_NUMBER>.
    Use https://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is the EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and,
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., allowing for electronic
submission of responses (in this case, revisions to State
Implementation Plans (SIPs) to meet planning requirements for
nonattainment areas for the 2008 ozone NAAQS).

What should I consider when I prepare my comments for the EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by the EPA, be sure to identify the
docket ID number assigned to this action in the subject line on the
first page of your response. You may also provide the name, date, and
Federal Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities affected by this action are state and
local air agencies subject to attainment planning requirements for
areas designated nonattainment for the 2008 ozone NAAQS. Such planning
requirements may include attainment demonstrations, Reasonable Further
Progress (RFP) plans, and Reasonably Available Control Technology
(RACT) and Reasonably Available Control Measure (RACM) SIP submissions.
Local, state, and federal agencies are part of the North American
Industrial Classification System Code number 924110. There are other
entities that may be indirectly affected, due to the fact that they may
comment on the draft submissions before air agencies submit them to
EPA. These include potentially regulated entities, representatives of
stakeholder groups, and members of the general public.
    Title: Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements;
Information Collection Request Renewal
    ICR numbers: EPA ICR No. 2347.03, OMB Control No. 2060-0695.
    ICR status: This ICR is currently scheduled to expire on January
31, 2018. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for the
EPA's regulations in title 40 of the Code of Federal Regulations (CFR),
after appearing in the Federal Register when approved, are listed in 40
CFR part 9. They are displayed either by publication in the Federal
Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: The PRA requires the information found in this ICR (No.
2347.03) to assess the burden (in hours and dollars) of meeting the
requirements of the Implementation of the 2008 National Ambient Air
Quality Standards (NAAQS) for Ozone: State Implementation Plan
Requirements; Final Rule. The rule was proposed on June 6, 2013 (78 FR
34178), and promulgated on March 15, 2015 (80 FR 12264). The rule
includes requirements that involve collecting information from states
with areas designated nonattainment for the 2008 8-hour ozone NAAQS.
These information collection milestones include but are not limited to
state submissions of attainment demonstrations, RFP plans, and RACT
determinations. The burden estimate in the original ICR assumed 26
state air agency respondents (state and local air agencies), including
the District of Columbia, responsible for meeting attainment planning
obligations for 46 designated nonattainment areas for the 2008 ozone
NAAQS. The revised burden estimate in this proposed ICR renewal
incorporates changes to the original estimate that affect 17
respondents with jurisdiction over 30 nonattainment areas that are in
various stages of planning for attainment or maintenance of the 2008
ozone NAAQS. The time period covered by this ICR is February 1, 2018,
through January 31, 2021.
    Burden Statement: The estimated public reporting and recordkeeping
burden for the original ICR was 120,000 labor hours for the 3-year
period, for an estimated average burden of 4,615 hours per respondent
(the number of respondents was assumed to be 26). The incremental
public reporting and recordkeeping burden for this proposed collection
of information is estimated to total 62,000 hours, for an average of
3,647 hours per affected respondent (the number of respondents is
assumed to be 17) over the 3-year period covered by this ICR renewal.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a federal agency. This includes the time needed
to review

instructions; to develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; to adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; to train personnel to be able to respond to a
collection of information; to search data sources; to complete and
review the collection of information; and, to transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of the agency's estimate,
which is only briefly summarized here:
    Respondents/affected entities: State and local governments.
    Estimated total number of affected respondents: 17.
    Frequency of response: Annual.
    Estimated total additional annual burden hours: 20,667 hours.
    Estimated total additional annual cost: $1,404,757. This includes
an estimated burden cost of $0 for capital investment or maintenance
and operational costs.

Are there changes in the estimates from the last approval?

    The total estimated respondent burden during the 3-year period of
this ICR renewal is 62,000 hours, compared with a total estimated
respondent burden of 120,000 hours identified for the 3-year period
covered by the original ICR approved by OMB.

What is the next step in the process for this ICR?

    The EPA will consider the comments received on this proposal and
will amend the ICR as appropriate. The final ICR package will then be
submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At
that time, the EPA will issue another Federal Register notice pursuant
to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB
and the opportunity to submit additional comments to OMB. If you have
any questions about this ICR or the approval process, please contact
the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 10, 2017.
Anna Marie Wood,
Director, Air Quality Policy Division.
[FR Doc. 2017-21117 Filed 9-29-17; 8:45 am]
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[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Page 16409]
[FR Doc No: 2018-07791]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Form 20-F, SEC File No. 270-156, OMB Control No. 3235-0288.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 20-F (17 CFR 249.220f) is used to register securities of
foreign private issuers pursuant to Section 12 of the Securities
Exchange Act of 1934 (``Exchange Act'') (15 U.S.C. 78l) or as annual
and transitional reports pursuant to Sections 13 and 15(d) of the
Exchange Act (15 U.S.C. 78m(a) and 78o(d)). The information required in
the Form 20-F is used by investors in making investment decisions with
respect to the securities of such foreign private issuers. We estimate
that Form 20-F takes approximately 2,645.52 hours per response and is
filed by approximately 680 respondents. We estimate that 25% of the
2,645.52 hours per response (661.38 hours) is prepared by the issuer
for a total reporting burden of 449,738 (661.38 hours per response x
680 responses).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected].

    Dated: April 9, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-07791 Filed 4-13-18; 8:45 am]
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[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27268-27271]
[FR Doc No: 2011-11205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0938; FRL-8872-6]

Glyphosate; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation increases the established tolerance for
residues of glyphosate in or on corn, field, forage. Monsanto Company
requested this tolerance under the Federal Food, Drug, and Cosmetic Act
(FFDCA).

DATES: This regulation is effective May 11, 2011. Objections and
requests for hearings must be received on or before July 11, 2011, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-

OPP-2010-0938. All documents in the docket are listed in the docket
index available at http://www.regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Susan Stanton, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2010-0938 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
July 11, 2011. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0938, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 4, 2011 (76 FR 6465) (FRL-8858-
7), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0F7741) by Monsanto Company, 1300 I St., NW., Suite 450 East,
Washington, DC 20052. The petition requested that 40 CFR 180.364 be
amended by establishing a tolerance for residues of the herbicide
glyphosate, N-(phosphonomethyl) glycine, in or on corn, field, forage
at 13 parts per million (ppm). That notice referenced a summary of the
petition prepared by Monsanto Company, the registrant, which is
available in the docket, http://www.regulations.gov. Comments were
received on the notice of filing. EPA's response to these comments is
discussed in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for glyphosate including
exposure resulting from the tolerances established by this action.
EPA's assessment of exposures and risks associated with glyphosate
follows.
    In the Federal Register of April 8, 2011 (76 FR 19701) (FRL-8866-
8), EPA issued a final rule establishing a tolerance for residues of
glyphosate in or on sweet corn and reducing the established tolerance
for residues of glyphosate and N-acetyl-glyphosate in or on poultry
meat. When the Agency conducted the risk assessment in

support of the April 8, 2011 tolerance action, it considered secondary
residues of glyphosate in livestock commodities from consumption of
glyphosate-treated feed items, including corn forage. The Agency has
determined that increasing the tolerance on corn forage from 6 ppm to
13 ppm will not increase residues of glyphosate in livestock
commodities above those assumed in the previous risk assessment. The
livestock dietary burdens for glyphosate were calculated assuming the
roughage portion of the diet for beef and dairy cattle consisted of
nongrass animal feed and grass forage, which have much higher
tolerances (400 and 300 ppm, respectively) than corn forage. Therefore,
increasing the tolerance for corn forage from 6 to 13 ppm will not
affect the estimated livestock dietary burden or expected residues of
glyphosate in livestock commodities and will not change the estimated
aggregate risks resulting from use of glyphosate, as discussed in the
April 8, 2011 (76 FR 19701; FRL-8866-8) Federal Register. Refer to the
Federal Register document, available at http://www.regulations.gov, for
a detailed discussion of the aggregate risk assessment and
determination of safety.
    Therefore, based on the risk assessment discussed in the final rule
published in the Federal Register of April 8, 2011 (76 FR 19701; FRL-
8866-8) EPA concludes that there is a reasonable certainty that no harm
will result to the general population, or to infants and children from
aggregate exposure to glyphosate residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high-performance liquid
chromatography (HPLC) equipped with a fluorescence detector method; LOQ
= 0.05 ppm) is available to enforce the tolerance expression. The
method may be requested from: Chief, Analytical Chemistry Branch,
Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has established an MRL for residues of glyphosate in or
on maize at 5 ppm. The MRL for maize would cover residues of glyphosate
on corn (maize) forage. This MRL is different than the tolerance being
established for glyphosate on field corn forage in the United States
due to differences in Codex and U.S. residue definitions. The U.S.
tolerance of 13 ppm for corn, field, forage is necessarily higher than
the Codex MRL to account for residues of both glyphosate and its
metabolite N-acetyl glyphosate. N-acetyl glyphosate is found in
genetically modified (GMO) glyphosate-resistant commodities, including
corn, grown in the U.S. Therefore, it is included in the U.S. tolerance
but not the Codex expression, accounting for the difference in the
established MRLs.

C. Response to Comments

    EPA received comments from two individuals expressing concerns
about pesticides generally and objecting to the presence of any
pesticide residues in food. The Agency understands the commenters'
concerns and recognizes that some individuals believe that pesticides
should be banned completely. However, the existing legal framework
provided by section 408 of the Federal Food, Drug and Cosmetic Act
(FFDCA) contemplates that tolerances greater than zero may be set when
persons seeking such tolerances or exemptions have demonstrated that
the pesticide meets the safety standard imposed by that statute. The
submitted comments appear to be directed at the underlying statute and
not EPA's implementation of it; the commenters made no contention that
EPA has acted in violation of the statutory framework.

D. Revisions to Petitioned-For Tolerances

    Monsanto Company proposed a tolerance for residues of glyphosate on
corn, field, forage at 13 ppm. The current tolerance is expressed in
terms of glyphosate, including its metabolites and degradates; and
compliance with the tolerance level is determined by measuring
glyphosate and its N-acetyl-glyphosate metabolite. EPA is increasing
the tolerance level from 6 ppm to 13 ppm, as proposed, but is retaining
the current tolerance expression to clarify the chemical moieties that
are covered by the tolerance and specify how compliance with the
tolerance is to be measured.

V. Conclusion

    Therefore, the previously established tolerance for residues of
glyphosate, including its metabolites and degradates, in or on corn,
field, forage is amended as set forth in the regulatory text.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or Tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal governments, on the relationship between the national government
and the States or Tribal

governments, or on the distribution of power and responsibilities among
the various levels of government or between the Federal Government and
Indian Tribes. Thus, the Agency has determined that Executive Order
13132, entitled Federalism (64 FR 43255, August 10, 1999) and Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 9, 2000) do not apply to this final
rule. In addition, this final rule does not impose any enforceable duty
or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: May 2, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.364 is amended by revising the following entry in the
table in paragraph (a)(2) to read as follows:

Sec.  180.364  Glyphosate; tolerances for residues.

    (a) * * *
* * * * *
    (2) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Corn, field, forage.........................................          13

                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2011-11205 Filed 5-10-11; 8:45 am]
BILLING CODE 6560-50-P