Federal Share Flexibility Pilot Program

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Emergency IRC Justification Letter. Federal Share Flexibility Pilot Program (FSFPP).docx	Supplementary Document	Uploaded 2022-12-13	Available
Emergency IRC Justification Letter. Federal Share Flexibility Pilot Program (FSFPP).docx	Supplementary Document	Uploaded 2022-12-13	Repair queued
Federal Share Flexibility Pilot Program (FSFPP) SS_10.31.22 (003).docx	Supporting Statement A	Uploaded 2022-12-13	Available
Federal Share Flexibility Pilot Program (FSFPP) SS_10.31.22 (003).docx	Supporting Statement A	Uploaded 2022-12-13	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257363	Federal Share Flexibility Pilot Program Project Managment Stage		New
257361	Federal Share Flexibility Pilot Program Application Stage		New

ICR Details

OMB Control No: 2125-0670	ICR Reference No: 202212-2125-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOT/FHWA	Agency Tracking No:
Title: Federal Share Flexibility Pilot Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/16/2022
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/14/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/13/2022
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	6 Months From Approved
Responses	50	0	0
Time Burden (Hours)	800	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Section 11107 of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), amended Section 120(l) of Title 23, United States Code (U.S.C.) to require the establishment of a FSFPP not later than 180 days after the date of enactment of the BIL. In accordance with 23 U.S.C. 120(l), selected States in the pilot are allowed to determine the Federal share on an individual project that is more than 0 percent and up to 100 percent as long as the average annual Federal share of all participating projects does not exceed the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. FHWA requests information from applicants in the form of an application. The application will assist FHWA in selecting State DOTs to participate in the FSFPR.

Emergency Justfication: Section 11107 of the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58), amended Section 120(l) of Title 23, United States Code (U.S.C.) to require the establishment of a FSFPP not later than 180 days after the date of enactment of the BIL. In accordance with 23 U.S.C. 120(l), selected States in the pilot are allowed to determine the Federal share on an individual project that is more than 0 percent and up to 100 percent as long as the average annual Federal share of all participating projects does not exceed the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. FHWA requests information from applicants in the form of an application. The application will assist FHWA in selecting State DOTs to participate in the FSFPR.

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Authorizing Statute(s): PL: Pub.L. 117 - 58 120(i) Name of Law: Bipartisan Infrastructure Law (BIL)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Federal Share Flexibility Pilot Program Application Stage
Federal Share Flexibility Pilot Program Project Managment Stage

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	50	0	0	50	0	0
Annual Time Burden (Hours)	800	0	0	800	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection

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Annual Cost to Federal Government: $3,340

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/13/2022

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