BIP Justification Letter

Mr. Tyler Glotfelty

Policy Analyst

Office of Information and Regulatory Affairs

Office of Management and Budget

Executive Office of the President

Dear Mr. Glotfelty:

This is a request for Office of Management and Budget (OMB) emergency clearance for a new information collection request (ICR) to enable the Department of Transportation (DOT) Federal Highway Administration (FHWA) to implement the Bridge Investment Program (BIP). The BIP was authorized in the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (Act) (Pub. L. 117-58) on November 15, 2021. This historic Act is a once-in-a-generation opportunity to support transformational investments in our Nation’s transportation infrastructure that will create good jobs, modernize our infrastructure, improve safety, tackle the climate crisis, and invest in communities that have too often been left behind. The Act includes the BIP to improve the safety, efficiency, and reliability of the movement of people and freight by replacing, rehabilitating, preserving, and protecting bridges in the National Bridge Inventory (NBI).

Critical Nature of the Information Collection Request

The BIP is critical to enabling States, metropolitan planning organizations, political subdivisions of a State, local units of government, special purpose districts, public authorities with transportation functions, Federally recognized Tribal governments, and Federal land management agencies to improve the condition of bridges in poor condition and supporting activities to prevent bridges in fair condition from dropping to poor condition.

The statutory requirements of the BIP are found under section 1118 of the BIL and codified at 23 U.S.C. § 124. In BIL, Congress authorized $12.6 billion for Fiscal Years (FY) 2022 through 2026 to provide financial assistance to BIP eligible projects. For FY 2022, a total of $2.36 billion is available for awards under three funding categories: Planning; Bridge Projects; and Large Bridge Projects. Of the $2.36 billion, $20 million is available for Planning projects, and $2.34 is available for Large Bridge Projects and Bridge Projects. Considerations to make funds available under the BIP include but are no limited to: (1) the extent to which a bridge without BIP assistance would fall into or remain in poor condition; (2) does not meet current geometric design standards; and (3) does not meet current seismic design standards. In addition, the BIL requires the Secretary to provide an application template for Bridge Projects. Due to the Administration’s tight deadline to issue the NOFO and begin making awards in FY 2022, DOT also developed application templates for Planning grants and Large Bridge Project grants. The templates are designed to help streamline the application process and submission of the information requested in the NOFO.

Need for Emergency Approval

The issuance of the FY 2022 BIP NOFO is a high priority for the Administration so work can begin as soon as possible to modernize bridges our Nation’s ageing bridge infrastructure to meet current geometric design standards and the truck load requirements of the national and regional transportation networks they serve. BIP awards will deliver equitable transportation options and access, promote competitiveness of the U.S. economy, and improve job opportunities. The Administration set an FY 2022 NOFO issuance date of early June, and the FHWA has worked in diligently since the enactment of BIL to develop the NOFO and application templates to implement the BIP as quickly as possible. The DOT is now ready to issue the NOFO on June 10.

The use of normal clearance procedures for ICR approval will prevent the Department from meeting the Administration’s deadline. If the Department does not receive emergency approval for this ICR, implementation of the BIP will be delayed.

Due to the urgency of executing the newly enacted Act, the Department respectfully ask OMB for emergency approval of the ICR within 30 days of receipt of this letter.

If you have any questions regarding this request, please contact Douglas Blades, Senior Bridge Programs Engineer, [email protected].

Sincerely,

Hari Kalla

Associate Administrator for Infrastructure

Federal Highway Administration