Tuesday, June 1, 2010

Environmental Federal Register, Vol. 75, No. 104, June 1, 2010

 
Federal Register
Vol. 75, No. 104
Tuesday, June 1, 2010
 
There are 7 announcements in this issue
 
    1. ENERGY/Coal - ND. EPA. The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields and a Field-Based Aquatic Life Benchmark for Conductivity in Central Appalachian Streams
 
    2. WATER - ND. EPA. Stakeholder Input; National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Municipal Sanitary Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Wet Weather Discharges From Publicly Owned Treatment Works Treatment Plants Serving Separate Sanitary Sewer Collection Systems
 
    3. DRINK - ND. EPA. National Primary Drinking Water Regulations; Announcement of the Results of EPA's Review of Existing Drinking Water Standards and Request for Public Comment and/or Information on Related Issues; Extension of the Comment Period
 
    4. ALL - NM. EPA. National Environmental Justice Advisory Council; Notification of Public Teleconference and Public Comment
 
    5. WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Proposed Rule to remove the Lake Erie Watersnake (Nerodia sipedon insularum) from the Federal list of Endangered and Threatened Wildlife
 
    6. ALL - ND. DOC/NOAA. NOAA's Arctic Vision and Strategy; Comment Period Extension
 
    7. TRANSPORT - NF. DOT. Notice of Funding Availability for the Department of Transportation's National Infrastructure Investments Under the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010
   
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: ENERGY/Coal - ND. EPA. The Effects of Mountaintop Mines and Valley Fills on Aquatic Ecosystems of the Central Appalachian Coalfields and a Field-Based
Aquatic Life Benchmark for Conductivity in Central Appalachian Streams
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30393-30395]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9157-2; Docket ID No. EPA-HQ-ORD-2009-0934]

The Effects of Mountaintop Mines and Valley Fills on Aquatic
Ecosystems of the Central Appalachian Coalfields and a Field-Based
Aquatic Life Benchmark for Conductivity in Central Appalachian Streams

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of Public Comment Period to July 13, 2010.

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

SUMMARY: EPA is announcing an extension of the public comment period
for two related draft documents: (1) ``The Effects of Mountaintop Mines
and Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' (EPA/600/R-09/138A) and (2) ``A Field-based Aquatic Life
Benchmark for Conductivity in Central Appalachian Streams'' (EPA/600/R-
10/023A). We are specifically extending the comment period to give the
public an opportunity to evaluate the data used to derive a benchmark
for conductivity. By following the link below, reviewers may download
the initial data and EPA's derivative data sets that were used to
calculate the conductivity benchmark. These reports were developed by
the National Center for Environmental Assessment (NCEA) within EPA's
Office of Research and Development as part of a set of actions taken by
EPA to further clarify and strengthen environmental permitting
requirements for Appalachian mountaintop removal and other surface coal
mining projects, in coordination with Federal and State regulatory
agencies (http://www.epa.gov/owow/wetlands/guidance/mining.html).

    Both documents will be reviewed by an independent review panel
convened by EPA's Science Advisory Board (SAB). The SAB's peer review
meeting, which the public will be able to attend as observers, is
scheduled for July 20-22, 2010. The public comment period and the SAB
meeting are separate processes that provide opportunities for all
interested parties to comment on the document. EPA intends to forward
the public comments that are submitted, in accordance with this notice,
to the SAB review panel prior to the meeting for their consideration.
When finalizing the draft documents, EPA intends to consider any
significant public comments that it receives in accordance with this
notice.
    EPA is releasing these draft documents for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. The documents have not been formally disseminated by EPA.
They do not represent and should not be construed to represent a final
Agency policy or determination; however, the documents reflect EPA's
best interpretation of the available science. The draft documents are
available via the Internet on NCEA's home page under the Recent
Additions and Publications menus at http://www.epa.gov/ncea.

DATES: The public comment period began on April 12, 2010 and ends on
July 13, 2010. Technical comments should be in writing and must be
received by EPA by July 13, 2010.

ADDRESSES: The draft reports, ``The Effects of Mountaintop Mines and
Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' and ``A Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian Streams'' are available primarily
via the Internet on the National Center for Environmental Assessment's
home page under the Recent Additions and Publications menus at http://
www.epa.gov/ncea
. A limited number of paper copies are available,
contact the EPA; telephone: 703-347-8629; facsimile: 703-347-8691. If
you are requesting a paper copy, please provide your name, your mailing
address, and the document titles (1) ``The Effects of Mountaintop Mines
and Valley Fills on Aquatic Ecosystems of the Central Appalachian
Coalfields'' and (2) ``A Field-based Aquatic Life Benchmark for
Conductivity in Central Appalachian Streams.''
    Comments may be submitted electronically via http://
www.regulations.gov
, by mail, by facsimile, or by hand delivery/
courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on submitting comments
to the docket, please contact the Office of Environmental Information
Docket; telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail:
ORD.Docket@epa.gov. For technical information, please leave a message
at 703-347-8629 or send e-mail to MTM-Cond@epa.gov.
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 


ANNOUNCEMENT 2


Subject: WATER - ND. EPA. Stakeholder Input; National Pollutant Discharge Elimination System (NPDES) Permit Requirements for Municipal Sanitary Sewer
Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Wet Weather Discharges From Publicly Owned Treatment Works Treatment Plants Serving Separate Sanitary Sewer Collection Systems
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30395-30401]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0464; FRL-9156-7]

Stakeholder Input; National Pollutant Discharge Elimination
System (NPDES) Permit Requirements for Municipal Sanitary Sewer
Collection Systems, Municipal Satellite Collection Systems, Sanitary
Sewer Overflows, and Peak Wet Weather Discharges From Publicly Owned
Treatment Works Treatment Plants Serving Separate Sanitary Sewer
Collection Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is announcing plans to
hold several ``listening sessions'' beginning in June 2010 to obtain
information from the public on certain issues EPA is considering. EPA
is considering whether to propose to modify the National Pollutant
Discharge Elimination System (NPDES) regulations as they apply to
municipal sanitary sewer collection systems and sanitary sewer
overflows (SSOs) in order to better protect the environment and public
health from the harmful effects of sanitary sewer overflows and
basement back ups. The Agency is considering whether to propose
possible modifications to the NPDES regulations, including establishing
standard permit conditions for publicly owned treatment works (POTW)
permits that specifically address sanitary sewer collection systems and
SSOs, and clarifying the regulatory framework for applying NPDES permit
conditions to municipal satellite collection systems. The Agency is
also considering whether and how it should resolve several longstanding
issues that are the subject of the December 22, 2005 draft Peak Flows
Policy. This draft Policy attempted to clarify EPA's interpretation
that the existing ``bypass'' provision of the NPDES regulations applies
to peak wet weather diversions at POTW treatment plants that are
recombined with the flows from the secondary treatment units prior to
discharge. The Agency is considering whether to adopt this or a revised
Policy and/or address questions about peak flow as part of an SSO
rulemaking to allow for a holistic and integrated approach to reducing
SSOs while at the same time addressing peak flows at the POTW treatment
plant.
    In addition to submitting information at the listening sessions,
the public may also provide input to the Agency directly through e-
mail, fax or mail in order to help the Agency shape any possible future
regulatory proposals. The Agency is undertaking this outreach to help
advance the Clean Water Act objective to restore and maintain the
chemical, physical and biological integrity of the nation's waters
(CWA, Section 101(a)).

DATES: EPA is asking for statements and input from the interested
public on or before August 2, 2010.

ADDRESSES: Submit your statements or input, identified by Docket ID No.
EPA-HQ-OW-2010-0464, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting input.
    E-mail: OW-Docket@epa.gov, Attention Docket ID No. EPA-HQ-
OW-2010-0464.
    Fax: 202-566-9744.
    Mail: Water Docket, U.S. Environmental Protection Agency,
Mail code: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-OW-2010-0464.
    Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC,
Attention Docket ID No. EPA-HQ-OW-2010-0464. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
   
FOR FURTHER INFORMATION CONTACT: For further information about this
notice, contact Charles Glass, EPA Headquarters, Office of Water,
Office of Wastewater Management at tel.: 202-564-0418 or e-mail:
glass.charles@epa.gov.

    Public Listening Sessions: EPA will hold several informal public
listening sessions to gather input on actions that EPA is considering.
The public listening sessions will include a brief background on SSOs
and peak flows that will be followed by an opportunity for the public
to provide input on possible paths forward. Written and oral statements
will be accepted at the public listening sessions. Input generated from
what was learned at a public listening session will be compiled and
archived. The information gathered at these sessions, will be available
on the Internet at http://www.epa.gov/npdes/sanitaryseweroverflows.
Brief oral statements (three minutes or less) will be accepted at the
sessions, and written statements will be accepted.
    The dates and locations of the listening sessions are as follows:
    [dec222] June 24, 2010, 10 a.m. to 3 p.m. at EPA Region 10 Office,
1200 Sixth Avenue, Seattle, WA 98101.
    [dec222] June 28, 2010, 10 a.m. to 3 p.m. at EPA Region 4 Office,
61 Forsyth Street, SW., Atlanta, GA 30303.
    [dec222] June 30, 2010, 10 a.m. to 3 p.m. at EPA Region 7 Office,
901 N. 5th Street, Kansas City, KS 66101.
    [dec222] July 13, 2010, 10 a.m. to 3 p.m. at EPA HQ Office, Ariel
Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20004.

In addition to the listening sessions held throughout the country, EPA
will hold a ``virtual'' listening session via a webcast on July 14,
2010, from Noon-4 p.m. EST. The same format will be followed as the in-
person listening sessions. After a presentation from EPA, members of
the public may call in and give brief (three-minute) statements.
Audience members will be able to listen to the webcast and all public
statements through their computer speakers.
 
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ANNOUNCEMENT 3


Subject: DRINK - ND. EPA. National Primary Drinking Water Regulations; Announcement of the Results of EPA's Review of Existing Drinking Water Standards and Request for Public Comment and/or Information on Related Issues; Extension of the Comment Period
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30401-30402]

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0747; FRL-9156-6]
RIN 2040-AE90

National Primary Drinking Water Regulations; Announcement of the
Results of EPA's Review of Existing Drinking Water Standards and
Request for Public Comment and/or Information on Related Issues;
Extension of the Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending by 30
days the public comment period for the National Primary Drinking Water
Regulations; Announcement of the Results of EPA's Review of Existing
Drinking Water Standards and Request for Public Comment and/or
Information on Related Issues, which was published in the Federal
Register on March 29, 2010. The purpose of that notice was to invite
commenters to submit any new, relevant peer-reviewed data or
information pertaining to the four NPDWRs identified in that action as
candidates for revision (i.e. acrylamide, epichlorohydrin,
tetrechloroethylene and trichloroethylene). This information will
inform EPA's evaluation as the Agency moves forward with the regulatory
revisions for these four NPDWRs. This extended comment period will
afford greater opportunity to all interested parties to review and
submit comments on the notice.

DATES: Comments must be received on or before July 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0747, by one of the following methods:
    http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    Mail: Water Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: Water Docket, EPA Docket Center (EPA/DC)
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.   

FOR FURTHER INFORMATION CONTACT: Karen Wirth, Office of Ground Water
and Drinking Water, Standards and Risk Management Division, at (202)
564-5246 or e-mail wirth.karen@epa.gov. For general information contact
the EPA Safe Drinking Water Hotline at (800) 426-4791 or e-mail:
hotline-sdwa@epa.gov.
 
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ANNOUNCEMENT 4


Subject: ALL - NM. EPA. National Environmental Justice Advisory Council; Notification of Public Teleconference and Public Comment
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30402-30403]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9157-1]

National Environmental Justice Advisory Council; Notification of
Public Teleconference and Public Comment

AGENCY: Environmental Protection Agency.

ACTION: Notification of Public Teleconference Meeting and Public
Comment.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), Public
Law 92-463, the U.S. Environmental Protection Agency (EPA) hereby
provides notice that the National Environmental Justice Advisory
Council (NEJAC) will host a public teleconference meeting on Tuesday,
June 15, 2010, starting at 1 p.m. Eastern Time. The primary purpose of
the teleconference meeting is to discuss EPA's activities related to
the Gulf of Mexico oil spill, including cleanup and recovery actions,
and the impacts of the spill on coastal environmental justice
communities. There will be a public comment period from 2:30 p.m. to 4
p.m. Eastern Time. Members of the public are invited to provide
comments relevant to the topic of this teleconference meeting.
Specifically, the NEJAC is seeking input about: (1) The scope of
disaster preparedness efforts within communities, (2) how should EPA
engage other Federal, State, Tribal, and local governments to ensure
that coastal planning and protection efforts are a high priority, and
(3) how should EPA engage communities around the environmental cleanup
and recovery actions.

Registration

    Registration is required. A finite number of telephone lines will
be reserved for the call. Full capacity is anticipated, so you are
highly encouraged to register early by:
    E-mail: Send an e-mail to
NEJACJune2010meeting@AlwaysPursuingExcellence.com with ``Register for
the June NEJAC Teleconference'' in the subject line. Please provide
your name, organization, address, e-mail and telephone number for
future follow-up as necessary.
    Phone or Fax: Send a fax (please print), or leave a voice
message, with your name, organization, address, e-mail and telephone
number to 877-773-1489.
    Registration will close Friday, June 11, 2010 at Noon Eastern Time.
For additional information about registering to attend the meeting or
to provide public comment, please see SUPPLEMENTARY INFORMATION.

DATES: The NEJAC teleconference meeting on June 15, 2010 will begin
promptly at 1 p.m. Eastern Time.

FOR FURTHER INFORMATION CONTACT: APEX Direct Inc., by phone or fax at
877-773-1489, or by e-mail at
NEJACJune2010meeting@AlwaysPursuingExcellence.com. Please provide your
name, organization, and telephone number for follow-up as necessary.
Non-English speaking attendees wishing to arrange for a foreign
language interpreter also may make appropriate arrangements using these
numbers.
    Questions or correspondence concerning the teleconference meeting
should be directed to Mr. Aaron Bell, U.S. Environmental Protection
Agency, at 1200 Pennsylvania Avenue, NW., (MC2201A), Washington, DC
20460; by telephone at (202) 564-1044, via e-mail at
Bell.Aaron@epa.gov; or by fax at (202) 564-1624. Additional information
about this meeting and the NEJAC is available at the Internet Web site:
http://www.epa.gov/environmentaljustice/nejac/meetings.html.

 
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ANNOUNCEMENT 5


Subject: WILDLIFE - PR. DOI/Fish and Wildlife Service. Endangered and Threatened Wildlife and Plants; Proposed Rule to remove the Lake Erie Watersnake (Nerodia sipedon insularum) from the Federal list of Endangered and Threatened Wildlife
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Proposed Rules]              
[Page 30319-30338]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2010-0039]
[92220-113-000; ABC Code: C6]
RIN 1018-AW62

Endangered and Threatened Wildlife and Plants; Proposed Rule to
remove the Lake Erie Watersnake (Nerodia sipedon insularum) from the
Federal list of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; critical habitat prudency determination; notice
of availability draft post-delisting monitoring plan.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove the Lake Erie Watersnake (Nerodia sipedon insularum) from the
List of Threatened and Endangered Wildlife due to recovery. This action
is based on a review of the best available scientific and commercial
data, which indicate that the subspecies is no longer endangered or
threatened with extinction, or likely to become so within the
foreseeable future. Based on our determination that the Lake Erie
Watersnake is no longer endangered or threatened with extinction, we
have also determined that designation of critical habitat for the Lake
Erie Watersnake is not prudent. We seek information, data, and comments
from the public regarding the Lake Erie Watersnake, this proposal to
delist, and the draft post-delisting monitoring plan. This proposal
implements the recommendations from the 5-year status review initiated
on April 22, 2008 (73 FR 21643).

DATES: We will consider comments received on or before August 2, 2010.
We must receive requests for public hearings, in writing, at the
address shown in the FOR FURTHER INFORMATION CONTACT section by July
16, 2010.

ADDRESSES: You may submit comments by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R3-ES-2010-0039; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
    We will not accept comments by e-mail or fax. We will post all
comments on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Mary Knapp, Field Office Supervisor,
or Megan Seymour, Wildlife Biologist, U.S. Fish and Wildlife Service
Ohio Field Office, 4625 Morse Road, Suite 104, Columbus, OH 43230
(telephone: 614-416-8993). Individuals who are hearing-impaired or
speech-impaired may call the Federal Relay Service at (800) 877-8337
for TTY assistance.
 
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ANNOUNCEMENT 6


Subject: ALL - ND. DOC/NOAA. NOAA's Arctic Vision and Strategy; Comment Period Extension
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30383]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT64

NOAA's Arctic Vision and Strategy; Comment Period Extension

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Request for comments.

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

SUMMARY: NOAA wishes to ensure its Arctic Vision and Strategy document
reaches the broadest possible audience and allows adequate time for
review, and therefore is extending the public comment period by fifteen
days.
    The Arctic has profound significance for climate and functioning of
ecosystems around the globe. The region is particularly vulnerable and
prone to rapid change. Increasing air and ocean temperatures, thawing
permafrost, loss of sea ice, and shifts in ecosystems are evidence of
widespread and dramatic ongoing change. As a result, critical
environmental, economic, and national security issues are emerging,
many of which have significant impacts for human lives, livelihoods,
and coastal communities. Though NOAA has numerous and diverse
capabilities that support these emerging issues, a strategic approach
that leverages NOAA's existing priorities and strengths, as well as
those of our national and international partners, is needed. This
document provides a high-level framework and six strategic goals to
address NOAA's highest priorities in the region. It is based upon
assumptions that the region will: continue to experience dramatic
change; become more accessible to human activities; and, be a focus of
increasing global strategic interest.

DATES: Comments must be submitted by June 25, 2010.

ADDRESSES: Submit comments by one of the following methods--
    Electronic Submissions: strategic.planning@noaa.gov.
    Mail: National Oceanic and Atmospheric Administration,
Office of Program Planning and Integration, 1315 East-West Highway,
Room 15749, Silver Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT: Tracy Rouleau, Office of Program
Planning and Integration, at strategic.planning@noaa.gov or (301) 713-
1622 x187.

 
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ANNOUNCEMENT 7


Subject: TRANSPORT - NF. DOT. Notice of Funding Availability for the Department of Transportation's National Infrastructure Investments Under the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010
 
[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]              
[Page 30460-30480]

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2010-0076]

Notice of Funding Availability for the Department of
Transportation's National Infrastructure Investments Under the
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act for 2010

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding availability.

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

SUMMARY: This notice announces the availability of funding and requests
proposals for the Department of Transportation's National
Infrastructure Investments. In addition, this notice announces
selection criteria and pre-application and application requirements for
the National Infrastructure Investments.
    On December 16, 2009, the President signed the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act
for 2010 (Div. A of the Consolidated Appropriations Act, 2010 (Pub. L.
111-117, Dec. 16, 2009)) (``FY 2010 Appropriations Act''). The FY 2010
Appropriations Act appropriated $600 million to be awarded by the
Department of Transportation (``DOT'') for National Infrastructure
Investments. This appropriation is similar, but not identical to the
appropriation for the Transportation Investment Generating Economic
Recovery, or ``TIGER Discretionary Grant'', program authorized and
implemented pursuant to the American Recovery and Reinvestment Act of
2009 (the ``Recovery Act''). Because of the similarity in program
structure, DOT is referring to the grants for National Infrastructure
Investments under the FY 2010 Appropriations Act as ``TIGER II
Discretionary Grants''. As with the TIGER program, funds for the TIGER
II program are to be awarded on a competitive basis for projects that
will have a significant impact on the Nation, a metropolitan area or a
region. Through this notice, DOT is soliciting applications for TIGER
II Discretionary Grants.
    On April 26, 2010, DOT published an interim notice announcing the
availability of funding for TIGER II Discretionary Grants. Because this
is a new program, the interim notice also requested comments on the
proposed selection criteria and guidance for awarding TIGER II
Discretionary Grants. DOT considered the comments that were submitted
in accordance with the interim notice and decided to publish this
notice revising some elements of the interim notice. Each of the
substantive revisions made in this notice are described below in
``Supplemental Information.'' In the event that this solicitation does
not result in the award and obligation of all available funds, DOT may
decide to publish an additional solicitation.

DATES: Pre-applications must be submitted by July 16, 2010, at 5 p.m.
EDT (the ``Pre-Application Deadline''). Final applications must be
submitted through Grants.gov by August 23, 2010, at 5 p.m. EDT (the
``Application Deadline''). The DOT pre-application system will open no
later than June 23, 2010 to allow prospective applicants to submit pre-
applications. Subsequently, the Grants.gov ``Apply'' function will open
on July 30, 2010, allowing applicants to submit applications. While
applicants are encouraged to submit pre-applications in advance of the
Pre-Application Deadline, pre-applications will not be reviewed until
after the Pre-Application Deadline. Similarly, while applicants are
encouraged to submit applications in advance of the Application
Deadline, applications will not be evaluated, and awards will not be
made, until after the Application Deadline. Pursuant to the FY 2010
Appropriations Act, DOT will evaluate all applications and announce the
projects that have been selected to receive TIGER II Discretionary
Grants no sooner than September 15, 2010.

ADDRESSES: Pre-applications must be submitted electronically to DOT and
applications must be submitted electronically through Grants.gov. Only
pre-applications received by DOT and applications received through
Grants.gov will be deemed properly filed. Instructions for submitting
pre-applications to DOT and applications through Grants.gov are
included in Section VIII (Pre-Application and Application Cycle).

FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice please contact the TIGER II Discretionary Grant program
manager via e-mail at TIGERIIGrants@dot.gov, or call Robert Mariner at
202-366-8914. A TDD is available for individuals who are deaf or hard
of hearing at 202-366-3993. In addition, DOT will regularly post
answers to questions and requests for clarifications on DOT's Web site
at http://www.dot.gov/recovery/ost/TIGERII.

 
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