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Notice2023-13483

Notice of Funding Opportunity for the Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Years 2023 and 2024

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Published

June 28, 2023

Issuing agencies

Agriculture DepartmentRural Business-Cooperative Service

Abstract

The Rural Business-Cooperative Service (RBCS or the Agency), a Rural Development agency of the United States Department of Agriculture (USDA), announces the availability of approximately $450 million, under section 22003 of the Inflation Reduction Act of 2022, in competitive grants to eligible entities for activities designed to expand the sales and use of renewable fuels under the Higher Blends Infrastructure Incentive Program (HBIIP). Cost-share grants of up to 75 percent of total eligible project costs, but not more than $5 million, will be made available to assist transportation fueling facilities and fuel distribution facilities with converting to higher blend friendly status for ethanol (i.e., greater than 10 percent ethanol) and biodiesel (greater than 5 percent biodiesel) by sharing the costs related to the installation, and/or retrofitting, and/or otherwise upgrading of fuel dispenser or pumps and related equipment, storage tank system components, and other required infrastructure. All applicants are responsible for expenses incurred in developing their applications.

Full Text

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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41876-41884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13483]

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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service

[Docket #: RBS-23-BUSINESS-0008]

Notice of Funding Opportunity for the Higher Blends
Infrastructure Incentive Program (HBIIP) for Fiscal Years 2023 and 2024

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: The Rural Business-Cooperative Service (RBCS or the Agency), a
Rural Development agency of the United States Department of Agriculture
(USDA), announces the availability of approximately $450 million, under
section 22003 of the Inflation Reduction Act of 2022, in competitive
grants to eligible entities for activities designed to expand the sales
and use of renewable fuels under the Higher Blends Infrastructure
Incentive Program (HBIIP). Cost-share grants of up to 75 percent of
total eligible project costs, but not more than $5 million, will be
made available to assist transportation fueling facilities and fuel
distribution facilities with converting to higher blend friendly status
for ethanol (i.e., greater than 10 percent ethanol) and biodiesel
(greater than 5 percent biodiesel) by sharing the costs related to the
installation, and/or retrofitting, and/or otherwise upgrading of fuel
dispenser or pumps and related equipment, storage tank system
components, and other required infrastructure. All applicants are
responsible for expenses incurred in developing their applications.

DATES: The application windows for enrollment in the HBIIP will take
place quarterly for five quarters, starting July 1, 2023, through
September 30, 2024, with the option for a sixth application window if
funding has not been exhausted. The application window will close at
4:30 p.m. Eastern time on the last day of each quarter.

ADDRESSES:
Application Submission: Instructions and additional resources,
including an Application Guide, are available at Higher Blends
Infrastructure Incentive Program [bond] Rural Development (<a href="https://www.rd.usda.gov/HBIIP">https://www.rd.usda.gov/HBIIP</a>), under the ``How to Apply'' tab.
Electronic submissions: All applicants must file their application
electronically through the HBIIP Application portal. Guidance and
resources for the application portal can be found at the website
referenced above.
This funding opportunity will also be posted to <a href="https://www.grants.gov">https://www.grants.gov</a>.

FOR FURTHER INFORMATION CONTACT: Jeff Carpenter at <a href="/cdn-cgi/l/email-protection#551d171c1c0515202631347b323a23">[email&#160;protected]</a>,
HBIIP Manager, RBCS, Rural Development, United States Department of
Agriculture, 1400 Independence Avenue SW, Mail Stop 3201, Room 5801-
South, Washington, DC 20250; or call (402) 437-5554. Persons with
disabilities that require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice); or the 711 Relay Service.

SUPPLEMENTARY INFORMATION:

Overview

Federal Awarding Agency Name: Rural Business-Cooperative Service
(RBCS).
Funding Opportunity Title: Higher Blends Infrastructure Incentive
Program (HBIIP).
Announcement Type: Notice of funding opportunity.
Funding Opportunity Number: RBCS-2023-2024-01-HBIIP.
Assistance Listing Number: 10.754.
Dates: The application windows for enrollment in the HBIIP will
take place quarterly for five quarters, starting July 1, 2023, through
September 30, 2024, with the option for a sixth application window if
funding has not been exhausted. The application window will close at
4:30 p.m. Eastern time on the last day of each quarter.
Rural Development Key Priorities: The Agency encourages applicants
to consider projects that will advance the following key priorities
(more details available at <a href="https://www.rd.usda.gov/priority-points">https://www.rd.usda.gov/priority-points</a>):
<bullet> Assisting rural communities recover economically through
more and better market opportunities and through improved
infrastructure;
<bullet> Ensuring all rural residents have equitable access to
Rural Development (RD) programs and benefits from RD funded projects;
and
<bullet> Reducing climate pollution and increasing resilience to
the impacts of climate change through economic support to rural
communities.

A. Program Description

1. Purpose of the Program
The purpose of the HBIIP is to significantly increase the sales and
use of higher blends of ethanol and biodiesel. HBIIP is intended to
encourage a more comprehensive approach to marketing higher blends by
sharing the costs related to building and/or retrofitting biofuel-
related infrastructure.
Under Section 22003 of the Inflation Reduction Act of 2022, RBCS is
making

[[Page 41877]]

available approximately $450 million in the form of cost-share grants
to eligible entities to assist with infrastructure improvements to
increase the sale and use of agricultural commodity-based fuels.
2. Statutory and Regulatory Authority
This notice is issued pursuant to section 22003 of the Inflation
Reduction Act of 2022 (Pub. L. 117-169).
(a.) Environmental information. For the RBCS to consider an
application complete, the application must include all environmental
review documents with supporting documentation in accordance with 7 CFR
part 1970 and as referenced in Section D.2 of this notice. Any required
environmental review must be completed prior to obligation of funds.
Applicants are advised to contact RBCS to determine environmental
requirements as soon as practicable to ensure adequate review time.
Applicants should also submit to RBCS the compatibility
verification of equipment to be funded. EPA regulations found in 40 CFR
280.32 require demonstrating compatibility of systems storing fuel
containing greater than 10 percent ethanol or greater than 20 percent
biodiesel, so RBCS collecting this information in advance is not an
additional burden for applicants. A compatibility verification will
ensure that grant funds are used for purposes that expand the
environmentally safe availability of fuel containing higher blends of
ethanol and biodiesel. More information can be found in this June 2019
compliance advisory from the EPA Office of Underground Storage Tanks:
<a href="https://www.epa.gov/sites/production/files/2019-06/documents/compliance-advisory-ust-regs-06-2019.pdf">https://www.epa.gov/sites/production/files/2019-06/documents/compliance-advisory-ust-regs-06-2019.pdf</a> and <a href="https://www.epa.gov/sites/default/files/2014-05/documents/bulk_storage_container_integrity-testing-factsheet.pdf">https://www.epa.gov/sites/default/files/2014-05/documents/bulk_storage_container_integrity-testing-factsheet.pdf</a>.
(b) Transparency Act Reporting. All recipients of Federal financial
assistance are required to report information about first-tier sub-
awards and executive compensation in accordance with 2 CFR part 170. If
an applicant does not have an exception under 2 CFR 170.110(b), the
applicant must then ensure that it has the necessary processes and
systems in place to comply with the reporting requirements to receive
funding.
(c) Other Federal Statutes. The applicant must certify to
compliance with other Federal statutes and regulations by completing
the Financial Assistance General Certifications and Representations in
SAM, including, but not limited to the following:
(1) 7 CFR part 15, subpart A--Nondiscrimination in Federally
Assisted Programs of the Department of Agriculture--Effectuation of
Title VI of the Civil Rights Act of 1964. Civil Rights compliance
includes, but is not limited to the following:
(i) Collect and maintain data provided by recipients on race, sex,
and national origin. Race and ethnicity data will be collected in
accordance with Office of Management and Budget (OMB) Federal Register
notice, ``Revisions to the Standards for the Classification of Federal
Data on Race and Ethnicity'' (published October 30, 1997 at 62 FR
58782). Sex data will be collected in accordance with Title IX of the
Education Amendments of 1972. These items should not be submitted with
the application but should be maintained and made available upon
request by RBCS.
(ii) The applicant must comply with title VI of the Civil Rights
Act of 1964, title IX of the Education Amendments of 1972, the
Americans with Disabilities Act (ADA), section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975,
Executive Order 12250, and 7 CFR part 1901, subpart E.
(2) 2 CFR part 417 Governmentwide Debarment and Suspension (Non-
procurement), or any successor regulations.
(3) 2 CFR parts 200 and 400 (Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards), or any
successor regulations.
(4) Subpart B of 2 CFR part 421, which adopts the Governmentwide
implementation (2 CFR part 182) of the Drug-Free Workplace Act.
(5) Executive Order 13166, ``Improving Access to Services for
Persons with Limited English Proficiency.'' For information on limited
English proficiency and agency-specific guidance go to <a href="https://www.lep.gov/">https://www.lep.gov/</a>.
(6) Federal Obligation Certification on Delinquent Debt.
3. Application of Awards
Under the HBIIP, funds will be awarded to assist transportation
fueling facilities and fuel distribution facilities in converting their
current facilities through upgrade or installation of new equipment
required to ensure all equipment is fully compatible with higher blends
of ethanol (i.e., greater than 10 percent ethanol) and biodiesel
(greater than 5 percent biodiesel). The program will share the costs
related to the upgrading of fuel dispensers (gas and diesel pumps) and
attached equipment, fuel storage tank system components (which includes
but is not limited to tanks, pumps, ancillary equipment, lines,
gaskets, and sealants), and other infrastructure required at a location
to ensure the environmentally safe availability of fuel containing
ethanol blends greater than 10 percent or fuel containing biodiesel
blends greater than 5 percent.
Storing and dispensing E15, E85, or other high blends of ethanol
for transportation fueling facilities, such as automotive, freight,
rail, and marine, with equipment that is not compatible with higher
blends of ethanol fuel can result in leaks and releases that
contaminate land and groundwater. Older and even some newer existing
underground storage tank (UST) systems (which include but are not
limited to tanks, pumps, ancillary equipment, lines, gaskets, and
sealants) are not fully compatible with E15 or higher and require
modification before storing these fuels. Biodiesel blends above B20
have similar requirements; some infrastructure changes may even be
necessary when storing blends greater than B5. This program will expand
the number of facilities fully compatible with higher blends of ethanol
and biodiesel.
Grants for up to 75 percent of total eligible project costs, but
not more than $5 million, are made available to: (1) owners, including
affiliated entities, of 10 or fewer transportation fueling facilities,
including local fueling stations/locations; convenience stores; and
hypermarket fueling stations; and (2) owners of home heating oil
distribution facilities who have at least 80 percent of their average
annual throughput volume coming from home heating oil, including
affiliated entities. An affiliate is an entity controlling or having
the power to control another entity, or a third party or parties that
control or have the power to control both entities. Grants for up to 50
percent of total eligible project costs, but not more than $5 million,
are made available to owners of: (1) more than 10 transportation
fueling facilities, including, but not limited to, local fueling
stations/locations; convenience stores; and hypermarket fueling
stations; (2) fleet facilities including rail and marine; and (3) fuel
distribution facilities, including fuel terminal operations; midstream
operations; and/or distribution facilities including home heating oil
distribution facilities with more than 80 percent of their average
annual throughput volume coming from home heating oil.

B. Federal Award Information

Type of Awards: Grants.
Fiscal Year Funds: FY 2023-FY2024.
Available Funds: Approximately $450 million is made available to
eligible

[[Page 41878]]

participants, $90 million each calendar quarter commencing July 1,
2023. Of the total amount of funds available each quarter,
approximately $67.5 million will be made available to transportation
fueling facilities (including fueling stations; convenience stores;
hypermarket fueling stations; fleet facilities, including
transportation, freight, rail and marine; and similar entities with
capital investments) for eligible implementation activities related to
higher blends of fuel ethanol greater than 10 percent ethanol, such as
E15 or higher, and/or activities related to higher blends of biodiesel
greater than five percent, such as B20 or higher; and approximately $18
million will be made available to fuel distribution facilities
(including terminal operations, depots, and midstream operations), for
eligible implementation activities related to higher blends of fuel
ethanol greater than 10 percent ethanol, such as E15 or higher and
biodiesel greater than five percent biodiesel, such as B20 or higher.
Additionally, up to $4.5 million will be made available to home heating
oil distribution facilities for eligible implementation activities
related to higher blends of biodiesel greater than five percent, such
as B20 or higher. Unused funds may be reallocated.
Award Amounts: Awards to successful applicants will be in the form
of cost-share grants not to exceed $5 million. There is no minimum
amount for these grants.
Anticipated Award Date: The Agency anticipates making awards within
90--180 days after the application deadline.
Performance Period: The grant period is not to exceed 36-months,
unless otherwise specified in the Grant Agreement or agreed to by the
Agency.
Renewal or Supplemental Awards: None.
Type of Assistance Instrument: Grant Agreement.
Approximate Number of Awards: The number of awards will depend on
the number of eligible participants and the total amount of requested
funds. Based on the Agency's prior experience with this program, it
expects to make approximately 175 awards per quarter. In the unlikely
event that every successful applicant is awarded the maximum amount
available of $5 million, approximately 20 awards will be made.

C. Eligibility Information

1. Eligible Applicants
Owners of transportation fueling facilities and owners of fuel
distribution facilities may apply for this program. Eligible facilities
must be located in the United States and its territories and include
fueling stations, convenience stores, hypermarket retailer fueling
stations, fleet facilities (including automotive, freight, rail and
marine), and similar entities with equivalent capital investments, as
well as fuel/biodiesel terminal operations, midstream operations, and
heating oil distribution facilities or equivalent entities.
Applicants must include all proposed activity under a single
application. Applicants must own or have the legal right to control all
site locations included in their application. Applicants may apply for
and will only receive funding associated with implementation activities
for one or more transportation fueling facilities or one or more fuel
distribution facilities. Applications including combinations of
transportation fueling facility implementation activities and fuel
distribution facility implementation activities are ineligible.
Application requirements and other important information is available
on the HBIIP web page https://www.rd.usda.gov/hbiip.
2. Cost Sharing or Matching
Matching Funds. The applicant is responsible for securing the
remainder of the total eligible project costs not covered by grant
funds. Matching funds can be comprised of eligible in-kind
contributions from third parties and/or cash, however, in-kind
contributions provided by the applicant cannot be used to meet the
matching fund requirement. Written commitments for matching funds
(e.g., Letters of Commitment on lender letterhead, electronic
communication from a lender, or bank statements) must be submitted with
the Certification of Matching Funds when the application is submitted.
The Certification of Matching Funds must be signed by the applicant.
Funds provided by the applicant in excess of matching funds are not
matching funds. Unless authorized by statute, other Federal grant funds
cannot be used to meet a matching funds requirement.
Funds made available under HBIIP may only be used for eligible
equipment, infrastructure, and related expenses to support the sales
and use of higher biofuel blends, fuel containing ethanol greater than
10 percent by volume and/or fuel containing biodiesel blends greater
than 5 percent by volume.
Applicants may enter into arrangements with private entities such
as, but not limited to, commercial vendors of fuels, agricultural
commodity promotional organizations, Tribes, and other entities
interested in the renewable fuels in order to secure such non-Federal
funds or in-kind contributions.
There are several existing or prior and ongoing State-led programs
and private sector efforts to help provide funding for higher blend
dispensers, related equipment, and infrastructure. These programs may
be included as part of any matching contribution requirement. However,
the application must show how the HBIIP grant will add to the
infrastructure that fosters higher blend biofuel sales and use. HBIIP
funds are intended to provide additional incentives.
Up to 10 percent of an applicant's Matching Funds requirement (up
to 5 percent of total project costs) may be used to pay consumer
education and/or marketing and/or signage related expenses. HBIIP grant
funds awarded to transportation fueling stations are intended to assist
with converting those facilities to ensure full compatibility with
higher blend fuel through upgrade or installation of fuel dispensers,
related equipment, and infrastructure. Although the contributions of
consumer education and/or marketing and/or signage toward a fuel
station's fuel sales are well recognized, a very tall sign to display
fuel prices does not in any way assist a facility with higher blends
compatibility. Therefore, the Agency determined that while HBIIP grant
funds may not be used for consumer education and/or marketing and/or
signage, matching funds may be used to pay for consumer education and/
or marketing and/or signage related expenses.
3. Other
(a) Eligible Project
The goal of HBIIP is to significantly increase the market
availability of higher blends biofuels. To be eligible for this
program, a project's sole purpose must be for the installation, and/or
retrofitting, and/or otherwise upgrading of fuel dispensers/pumps,
related/attached equipment, fuel storage tank system components, and
other infrastructure required at a location to ensure the
environmentally safe availability of fuel containing ethanol blends
greater than 10 percent or fuel containing biodiesel blends greater
than 5 percent.
(A) An eligible project must conform to all applicable Federal,
State, Tribal and local regulatory requirements pertaining to:
1. Technical Standards and Corrective Action Requirements for
Owners and

[[Page 41879]]

Operators of Underground Storage Tanks, 40 CFR parts 280 and 281;
2. Spill Prevention, Control and Countermeasure Plan (SPCC)
Program, 40 CFR part 112;
3. Regulation of Fuels and Fuel Additives, 40 CFR part 80;
4. Occupational Safety and Health Standards Subpart H--Hazardous
Materials Section 106--Flammable Liquids, 29 CFR 1910.106;
5. Safety and Health Regulations for Construction Subpart F--Fire
Protection and Prevention Section 152--Flammable Liquids, 29 CFR
1926.152; and
6. Automotive Fuel Ratings, Certification, and Posting, 16 CFR part
306.
HBIIP funds may be used for equipment required at a location to
ensure the environmentally safe availability of fuel containing ethanol
blends greater than 10 percent or fuel containing biodiesel blends
greater than 5 percent.
Since 1988, the Environmental Protection Agency's (EPA) UST
regulations require fuel to be stored in systems that are compatible
with the type of fuel being stored. The environmentally safe growth in
availability of fuels containing higher blends of ethanol or biodiesel
depends on these fuels being stored and dispensed from UST systems that
are compatible with E15. Storing and dispensing E15 at gas stations
with equipment that is not compatible with higher blends of ethanol
fuel can result in leaks and releases that contaminate land and
groundwater. Section 280.32 of 40 CFR part 280 states that UST owners
and operators must use an UST system made of or lined with materials
that are compatible with the substance stored in the UST system.
Additionally, owners or operators who store regulated substances
that contain more than 20 percent biodiesel or more than 10 percent
ethanol, such as 15 percent ethanol or E15, must notify their
implementing agency 30 days before storing the fuel. Owners and
operators must also keep records demonstrating that their UST system is
compatible with the substance stored.
Demonstrating compatibility of an UST system means identifying what
equipment is installed as part of your UST system. You must show that a
component is approved by either the manufacturer of the component or by
a nationally recognized independent testing laboratory, such as
Underwriters Laboratory, for use with the fuel to be stored. See
details about these requirements in regulations issued by EPA at 40 CFR
280.32.
(B) Please note that compatibility extends beyond the fuel tank.
Owners and operators must demonstrate compatibility for the components
below to store substances containing more than 10 percent ethanol or
more than 20 percent biodiesel. These components include:
1. Tanks;
2. Piping carrying product from the tank;
3. Piping containment sumps entered by the piping;
4. Pumping equipment, including the submersible pump or suction
pump, depending on the type of system;
5. Release detection equipment, including automatic tank gauging
probes, sump sensors, and line leak detectors;
6. Spill equipment, such as spill buckets, for the tank; and
7. Overfill equipment, including ball float valves or flapper
valves.
The federal UST regulation from EPA does not require owners and
operators to demonstrate the compatibility of dispensers or associated
aboveground equipment. However, compatibility requirements for these
components may exist in other local regulations, such as, but not
limited to, the fire code. Owners and operators should check for these
requirements with their implementing agency. HBIIP grant funds may be
used to upgrade or replace fuel dispensers/pumps, UST system
components, or other required infrastructure, necessary to make their
facility fully compatible with higher blends of ethanol or biodiesel.
Fuel dispensers/pumps, UST system components, and other required
infrastructure and components must meet the minimum requirements of
EPA's UST regulations and other Federal, State, and local regulations
or codes; and, must be approved by either the manufacturer of the
component or by a nationally recognized independent testing laboratory,
such as Underwriters Laboratory, for use at a minimum for blends
containing 25 percent ethanol or 100 percent biodiesel.
(b) Eligible Funds
Eligible Project Costs are only those costs incurred after the date
that a complete application is submitted and that are directly related
to the use and purposes of the HBIIP. The applicant is cautioned
against taking any actions or incurring any obligations prior to the
Agency completing the environmental review that would either limit the
range of alternatives to be considered or that would have an adverse
effect on the environment, such as the initiation of construction. If
the applicant takes any such actions or incurs any such obligations, it
could result in project ineligibility. Eligible project costs may
include:
(i) Retrofitting of existing, or purchase and installation of new,
fuel dispensers (gas and/or diesel pumps) and attached equipment, fuel
storage tank system components, and other infrastructure required at a
location to ensure the environmentally safe availability of fuel
containing ethanol blends greater than 10 percent or fuel containing
biodiesel blends greater than 5 percent;
(ii) Construction, replacement, and improvements;
(iii) Fees for construction permits and licenses;
(iv) Professional service fees for qualified consultants,
contractors, installers, and other third-party services; and
(v) HBIIP grant funds may not be used to pay for expenses related
to higher blend consumer education and/or higher blend marketing and/or
higher blend signage. However, up to 10 percent of an applicant's
matching funds requirement (up to 5 percent of total project costs) may
be used to pay for higher blend consumer education and/or higher blend
marketing and/or higher blend signage related expenses. The Awardee is
encouraged to display USDA standard infrastructure investment signage,
available for download from the Agency, during construction of the
Project. Expenditures for such signage shall be a permitted eligible
cost of the Project.
(c) Ineligible Project Costs
Ineligible project costs for HBIIP projects include, but are not
limited to:
1. Renewable diesel projects.
2. Sustainable aviation fuel (SAF) projects.
3. Used equipment and vehicles.
4. Construction or equipment costs that would be incurred
regardless of the installation of higher blend fuel infrastructure
shall not be included as eligible project costs. For example, a fuel
storage tank for a fueling facility constructed during the grant period
that would have been otherwise installed should not be included in an
application. USDA believes all new tanks and piping available in the
market only come in models compatible with higher blends of ethanol and
biodiesel, so grant funds would not expand the market for higher blends
by funding such tank or equipment installation. However, other required
equipment such as fuel dispensers/pumps and other UST system components
that are still available in traditional and higher blend compatible
models, the latter at a

[[Page 41880]]

higher cost, may be considered in this funding program.
5. Business operations that derive more than 10 percent of annual
gross revenue (including any lease income from space or machines) from
gambling activity, excluding State or Tribal authorized lottery
proceeds, as approved by the Agency, conducted for the purpose of
raising funds for the approved project.
6. Business operations deriving income from activities of a sexual
nature or illegal activities.
7. Purchase of real property or land.
8. Lease payments.
9. Any project that creates a Conflict of Interest or an appearance
of a Conflict of Interest which, for purposes of this program includes,
but is not limited to:
(a) Distribution or payment of a grant, guaranteed loan funds, and
matching funds or award of project construction contracts to an
individual owner, partner, or stockholder, or to a beneficiary or
immediate family of the applicant when the recipient will retain any
portion of ownership in the applicant's or borrower's project. Grant
and matching funds may not be used to support costs for services or
goods going to, or coming from, a person or entity with a real or
apparent conflict of interest.
(b) Assistance to employees, relatives, and associates. The Agency
will process any requests for assistance under this subpart in
accordance with 7 CFR part 1900, subpart D.
(c) Member/delegate clause. No member of or delegate to Congress
shall receive any share or part of a grant awarded pursuant to HBIIP or
any benefit that may arise therefrom; but this provision shall not be
construed to bar, as a contractor under the grant, a publicly held
corporation whose ownership might include a member of Congress.
10. Funding of political or lobbying activities.
11. To pay off any Federal direct or guaranteed loan or any other
form of Federal debt. Any incurred expense, equipment purchase, or paid
service prior to the date a complete application is submitted.
12. Any expense associated with applying for this program,
including environmental reviews and requirements related to it.
13. Any expense associated with reporting results and/or outcomes
during the disbursement, performance, and servicing portions of this
program.
14. Transportation infrastructure not on location where eligible
biofuels are blended, stored, supplied, or distributed.
The U.S. Department of Agriculture Departmental Regulations and
federal laws that contain other compliance requirements are referenced
in paragraphs F, H, and I of this notice. Applicants who are found to
be/have been in violation of applicable Federal Law/statutes will be
deemed ineligible.

D. Application and Submission Information

1. Address To Request Application Package
Applicants seeking to participate in this program must submit
applications in accordance with this notice.
Applications must be submitted electronically using the HBIIP
secure-server portal. Instructions and resources for completing the
online application are available on the HBIIP web page under the ``To
Apply'' tab, <a href="https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply">https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply</a>.
2. Content and Form of Application Submission
Applicants must submit complete applications by the date identified
in the DATES section of this notice. Applications must contain all
parts necessary for the RBCS to determine applicant and project
eligibility, conduct the technical evaluation, calculate a priority
score, rank, and compete the application, as applicable, to be
considered. All applications determined to be insufficient for these
purposes shall be deemed incomplete and will neither be competed nor
receive funding.
1. For Higher Blend Implementation Activities related to
transportation fueling stations/facilities, the HBIIP Online
Application is comprised of the following elements:
(a) SF 424, Application for Federal Assistance;
(b) HBIIP Project Worksheet with Priority Scoring Criteria:
Transportation Fueling Stations/Facilities;
(c) SF 424C, Budget Information--Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching Funds;
(f) Confirmation of Environmental Information to HBIIP inbox
(<a href="/cdn-cgi/l/email-protection#9ad2d8d3d3cadaefe9fefbb4fdf5ec">[email&#160;protected]</a>) or Environmental Information; and
(g) SF 424D, Assurances--Construction Programs signed by applicant
entity (if signing by Power of Attorney, a legal, fully executed copy
of the Power of Attorney must be provided when submitting the
application for it to be considered complete).
2. For Higher Blend Implementation Activities related to fuel
distribution facilities, an HBIIP Online Application is comprised of
the following elements:
(a) SF 424, Application for Federal Assistance;
(b) HBIIP Project Worksheet with Priority Scoring Criteria: Fuel
Distribution Facilities;
(c) SF 424C, Budget Information--Construction Programs;
(d) HBIIP Project Technical Report;
(e) Signed Certification of Matching Funds;
(f) Confirmation of Environmental Information to HBIIP inbox
(<a href="/cdn-cgi/l/email-protection#1b535952524b5b6e687f7a357c746d">[email&#160;protected]</a>) or Environmental Information; and
(g) SF 424D Assurances--Construction Programs signed by the
applicant entity (if signing by Power of Attorney, a legal, fully
executed copy of the Power of Attorney must be provided when submitting
the application for it to be considered complete).
3. Instructions and resources for completing the online application
are available on the HBIIP web page under the ``To Apply'' tab, <a href="https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply">https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply</a>. Applicants and their
authorized/rightful users will be required to obtain a USDA
eAuthentication and obtain access to the secure portal. The application
process requires the ability to both view and generate PDFs (Portable
Document Format). The use of a Web browser such as Chrome or its
equivalent is highly encouraged.
3. System for Award Management and Unique Entity Identifier
(a) At the time of application, each applicant must have an active
registration in the System for Award Management (SAM) before submitting
its application in accordance with 2 CFR part 25 (<a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25</a>). To register in SAM,
entities will be required to obtain a Unique Entity Identifier (UEI).
Instructions for obtaining the UEI are available at <a href="https://sam.gov/content/entity-registration">https://sam.gov/content/entity-registration</a>.
(b) Each applicant must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
it has an active Federal award or an application under consideration by
a Federal awarding agency.
(c) Each applicant must ensure it completes the Financial
Assistance General Certifications and Representations in SAM.

[[Page 41881]]

(d) Each applicant must provide a valid UEI in its application,
unless determined exempt under 2 CFR 25.110 (<a href="https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110</a>).
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.
4. Submission Dates and Times
The deadline date for applications to be received to be considered
for funding is specified in the DATES section at the beginning of this
notice.
After applying electronically through the HBIIP website, the
applicant will receive an automated acknowledgement, specifying
submission date and time, from the HBIIP online application system. In
order to be considered for funds under this notice, applications must
be deemed complete and must be received by the secure portal located on
the HBIIP web page at https://www.rd.usda.gov/
HBIIP#:~:text=What%20is%20the%20Higher%20Blends,derived%20from%20U.S.%20
agricultural%20products by the deadline. Application instructions can
be found at <a href="https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply">https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply</a>.
5. Intergovernmental Review
Executive Order (E.O.) 12372, Intergovernmental Review of Federal
Programs, applies to this program. This E.O. requires that Federal
agencies provide opportunities for consultation on proposed assistance
with State and local governments. Many states have established a Single
Point of Contact (SPOC) to facilitate this consultation. Instructions
for completing this required element and a list of States that maintain
a SPOC are available in the HBIIP online application. Applications from
Federally recognized Indian tribes are not subject to this requirement.
6. Funding Restrictions
The following funding restrictions apply to applications submitted
under this notice.
1. Only one HBIIP application may be submitted by an HBIIP
applicant per quarterly application window. An application may request
HBIIP assistance in a single application for more than one location
that is owned and/or legally controlled by the applicant entity. An
HBIIP applicant/application may receive one and only one award in each
quarterly application window not to exceed a total of $15 million of
funding made available under Section 22003 of the Inflation Reduction
Act of 2022.
2. If it is determined that an applicant is affiliated with another
entity that has also applied, then the maximum grant award and total
Inflation Reduction Act funding assistance applies to all affiliated
entities as if they applied as one applicant. An affiliate is an entity
controlling or having the power to control another entity, or a third
party or parties that control or have the power to control both
entities.
3. Previous acceptance of an HBIIP Letter of Conditions cannot be
withdrawn and resubmitted under this notice, unless there is a change
in scope of work approved by RBCS (HBIIP) staff.
4. Fuel Storage Tanks and Systems.
(a) New construction. Fueling stations/locations/facilities
constructed during the grant period are restricted from receiving HBIIP
grant funds for fuel storage tanks. RBCS has determined that tanks
would be required of any new fueling stations/locations/facility
regardless of any commitment to market higher blends. However, other
required equipment such as fuel dispensers/pumps and other storage tank
system components that are still available in traditional and higher
blend compatible models, the latter at a higher cost, may be funded
under HBIIP.
(b) Existing fueling stations. Existing fueling stations that
require upgraded, and/or retrofitted and/or additional fuel storage
tanks may request assistance of up to 50 percent of total eligible
project costs or up to $2,500,000, whichever is the lesser. Eligible
equipment includes but is not limited to the tank, piping, piping
containment sumps, pumping equipment, including the submersible pump or
suction pump, release detection equipment, spill equipment (spill
buckets), overfill equipment, fuel dispensers/pumps, or other equipment
related to the storage system.
5. HBIIP grant funds may not be used to pay for expenses related to
higher blend consumer education and/or higher blend marketing and/or
higher blend signage. However, up to 10 percent of an applicant's
matching funds requirement (up to 5 percent of total project costs) may
be used to pay for higher blend consumer education and/or higher blend
marketing and/or higher blend signage related expenses. The Awardee is
encouraged to display USDA standard infrastructure investment signage,
available for download from the Agency, during construction of the
Project. Expenditures for such signage shall be a permitted eligible
cost of the Project.
6. No HBIIP grant funds may be used to pay for any incurred expense
prior to the submission of a complete application.
7. Other Submission Requirements
(a) Multiple facilities--While only one HBIIP application may be
submitted per applicant under this notice, an application may request
assistance for multiple facilities/locations that are owned and/or
legally controlled by the applicant entity. Section ``E.3. Funding
Restrictions,'' advises on instances where more than one application is
submitted by one or more affiliates of an entity.
(b) Original signatures. The RBCS reserves the right to request/
require that the applicant provide original signatures on forms
submitted electronically.

E. Application Review Information

1. Criteria
A priority score will be added to complete applications deemed
eligible to compete. Given the purpose of the HBIIP, higher priority
will be given to projects deemed to significantly increase the sales
and use of higher blends of ethanol and biodiesel on a gallons per
dollar of requested funds basis. Priority scoring and ranking of
applications will be a function of the following criteria:
For Higher Blend Implementation Activities related to
transportation fueling facilities.
(a) Annual sales volume for the past 3 calendar years or projected
sales for fueling stations constructed during the grant period, for all
fuels including E10 and/or B5;
(b) The incremental increase in higher blend fuel volume attributed
to:
(i) The proposed change in percentage of refueling positions
offering E15 and/or B20 or higher blends (the greater percentage of
higher blend fuel refueling positions, the greater the higher blend
fuel volume attribution);
(ii) The proposed new ratio number of fueling positions offering
E15 and/or B20 relative to the number of fueling positions offering E10
and/or B5 (the greater the ratio of higher blend fuel refueling
positions relative to E10 and/or B5, the greater the higher blend fuel
volume attribution);
(iii) The proposed ratio number of fueling positions offering E85
relative to

[[Page 41882]]

the number of fueling positions offering E10 (the greater the ratio of
E85 refueling positions relative to E10, the greater the higher blend
fuel volume attribution);
(iv) The proposed change in the number of fueling stations with at
least one E15 fueling position (the greater the number of fueling
stations, the greater the higher blend fuel volume attribution);
(v) Whether the applicant is an owner of 10 fueling stations or
fewer (if yes, a Targeted Assistance Goal, higher blend fuel volume
attribution);
(vi) The proposed number of fueling stations located along an
interstate highway corridor;
(vii) The proposed number of fueling stations located as the sole
station (within a 1-mile radius) in an area;
(viii) The proposed number of fueling stations located in areas
under consideration for Geographic Diversity:
1. The New England States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, Rhode Island; and/or
2. The Western States of Alaska, Arkansas, Arizona, California,
Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri,
Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon,
South Dakota, Texas, Utah, Washington, Wyoming; and/or
3. The U.S. Territories of American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the U.S. Virgin Islands;
(c) A ``Matching Funds'' investment/commitment to higher blends
signage and/or marketing is proposed (non-zero investment yields
greater higher blend fuel volume attribution);
(d) The total amount of requested funds.
The HBIIP online application, ``Project Worksheet with Priority
Scoring Criteria for Transportation Fueling Stations/Facilities,'' is
interactive and designed to indicate an applicant's priority score
based on--HBIIP activities (e.g., fuel dispensers, related equipment,
and infrastructure installations), Administrator's geographic diversity
priorities, targeted assistance goals (if applicable), and the amount
of requested funds. Applicants may directly influence their priority
score by the activities they select in the worksheet and by the amount
of grant funds they request.
Transportation fueling stations/facilities applications should take
special care to provide evidentiary documentation in support of their
proposed activities in the HBIIP Project Technical Report. In the event
of suspect, overstated, or otherwise unsubstantiated claims, the Agency
reserves the right to adjust an application's priority score
accordingly.
For Higher Blend Implementation Activities related to fuel
distribution facilities.
(a) Annual throughput volume for past 3 years, for all fuels;
(b) The incremental increase in throughput of higher blend fuel, as
substantiated by:
(i) Validated demand--demand projections/forecasts;
(ii) Market drivers--the underlying economic and technological
forces that compel your customers to purchase your products and
services;
(iii) Documented incentives--known national, regional, state, and
local policy and market incentives available to the business;
(iv) Project sustainability--environmental, social, and economic
reasons the business will thrive beyond HBIIP;
(v) Investments on consumer education and marketing; and
(vi) Partnerships--significant long-term supplier and/or customer
arrangements and/or agreements;
(c) The total amount of requested funds.
Fuel distribution facility applications must provide evidentiary
documentation in support of their throughput projections in the HBIIP
Project Technical Report. In the event of suspect, overstated, or
otherwise unsubstantiated claims, the Agency reserves the right to
adjust an application's priority score accordingly. Letters of support
do not meet this requirement and are not needed.
2. Review and Selection Process
All complete applications will be competed/ranked in accordance
with Section E.1., as specified above. Applicants may work to complete
the online application until the deadline specified in the DATES
section of this notice.
Due to the competitive nature of this program, applications
receiving the same priority score will be competed/ranked based on
submittal date. The submittal date is the date the RBCS receives a
complete application. A complete application contains all information
requested by RBCS and is sufficient to allow the determination of
eligibility, score, rank, and compete the application for funding,
subject to funds availability. Incomplete applications will not be
competed and will not receive funding.
3. Discretionary Points
The RBCS retains the discretion to award a 10 percent scoring
priority to applications that support HBIIP policy goals and that
specifically promote economic development to improve life in rural
areas that are most in need:
(a) Consideration for First Time Applicants. Whether an applicant
had funding obligated through this program previously. A consideration
for first time applicants may be given to those without a prior HBIIP
acceptance of a Letter of Conditions. This includes:
(i) First time applicants.
(ii) Applicants who have not previously been selected for HBIIP
funding.
(iii) Applicants who have not previously had HBIIP funding
obligated.
(b) Administration Priorities. As per the Rural Development Key
Priorities outlined in the Overview section of this notice along with
the additional program goals provided below.
(c) Targeted Assistance Goal. A targeted assistance goal is set for
applicants (owners) owning the fewest number of transportation fueling
stations/locations (and owning at least one). Approximately 50 percent
of funds will be made available for activities/investments related to
upgrading or installing equipment to make a transportation fueling
facility fully compatible to dispense/sell higher blends of fuel
ethanol and/or biodiesel. The Agency expects Targeted Assistance to be
exhausted by applicants owning 10 fueling stations/locations or fewer.
Approximately 80 percent of fuel sales in the U.S. is sold by
convenience store owners. Moreover, about 54 percent of the stores
selling fuel in the U.S. are ``single store owners.'' A significant
majority of higher blends fuel is currently sold/dispensed by large
retail convenience store chains located in the Midwest and along the
East Coast of the U.S., due in part because these are the types of
businesses and locations with the highest densities of higher blends
fueling infrastructure. The Agency established this Targeted Assistance
Goal to distribute a portion of program funds among a greater number of
business owners and, across a broader geographic region, to increase
participation. There is an underlying expectation that owners/
participants located in underserved areas today will be positioned as
higher blend fuel market leaders tomorrow.
(d) Consideration for Geographic Diversity. A consideration for
geographical diversity and markets underserved by higher blends is also
afforded to applicants/participants

[[Page 41883]]

based on the location of the proposed transportation fueling stations/
facilities. This consideration is intended to work in concert with the
Targeted Assistance Goal to distribute program funds more broadly
across a greater number of states that may not otherwise participate.
4. Other Requirements
To be considered for funds, complete applications must be received
by the deadline specified in the DATES section of this notice.
1. Insufficient funds. If available funds are insufficient to fund
the total amount of an application:
(a) The applicant will be notified and given the option to lower
the grant request and accept the remaining funds. If the applicant
agrees to lower the grant request, the applicant must certify that the
purposes of the project will be met and provide the remaining total
funds needed to complete the project.
(b) If two or more applications have the same priority score and
the same submittal date, both applicants will be notified and given the
option to lower the grant requests and accept the remaining funds. If
an applicant agrees to lower its grant request, the applicant must
certify that the purposes of the project will be met and provide the
remaining total funds needed to complete the project.
2. Award considerations. All award considerations will be on a
discretionary basis. In determining the amount of an award, the RBCS
will consider the amount requested, subject to the amount being the
least of:
(a) the maximum Federal grant share percentage of total eligible
project costs, or a lesser amount when deemed appropriate;
(b) the maximum award amount of $5 million; or
(c) available funds.
3. Notification of funding determination. Each Applicant will be
informed in writing by the RBCS as to the funding determination of the
application.

F. Federal Award Administration Information

1. Federal Award Notices
HBIIP grants will be administered in accordance with Departmental
Regulations, and as otherwise specified in this notice. Applicants
selected for funding will receive a signed notice of Federal award
containing instructions on requirements necessary to proceed with
execution and performance of the award. Applicants not selected for
funding will be notified in writing and informed of any review and
appeal rights. Awards to successfully appealed applications will be
limited to available funding.
2. Administrative and National Policy Requirements
Additional requirements that apply to grantees selected for this
program can be found in the Grants and Agreements regulations of the
Department of Agriculture codified in 2 CFR parts 180, 200, 400, 415,
417, 418, 421; 2 CFR parts 25 and 170; and 48 CFR 31.2.
3. Reporting
In addition, all recipients of Federal financial assistance are
required to report information about first tier subawards and executive
compensation (see 2 CFR part 170). Each applicant will be required to
have the necessary processes and systems in place to comply with the
Federal Funding Accountability and Transparency Act of 2006 (Pub. L.
109-282) reporting requirements (see 2 CFR 170.200(b), unless the
applicant is exempt under 2 CFR 170.110(b)). More information on these
requirements can be found at <a href="https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply">https://www.rd.usda.gov/programs-services/energy-programs/higher-blends-infrastructure-incentive-program#to-apply</a>.
The following additional items will need to be executed by grantees
selected for this program in order to receive HBIIP funds:
1. Letter of Conditions, awarding an HBIIP grant to the applicant
and specifying certain conditions and requirements of the grant award
2. Form RD 1942-46, ``Letter of Intent to Meet Conditions;''
3. Grant Agreement--RD 4280-2 Rural Business-Cooperative Service
Financial Assistance Agreement;
4. Form RD 1940-1, ``Request for Obligation of Funds;'' and
5. Form SF 271, ``Outlay Report and Request for Reimbursement for
Construction Programs.''
After grant approval and through grant completion, grantees will be
required to periodically provide the following, as indicated:
(a) A SF-425, ``Federal Financial Report,'' and a project
performance report will be required on a semiannual basis (due 30
calendar days after end of the semiannual period). For the purposes of
this grant, semiannual periods end on March 31st and September 30th.
The project performance reports shall include the elements prescribed
in the Grant Agreement which, for fueling stations, will include point
of sale reporting for up to 5 years post project completion and, for
fuel distribution facilities, will include reporting of throughput
volumes of all fuels including higher blend fuels.
(b) A final project and financial status report, as required per 2
CFR 200.344, ``Closeout'', within 120 days after the expiration or
termination of the grant.
(c) Provide project outcome/performance reports and final
deliverables. Reported data will be used for program and policy
evaluation. The proprietary nature and confidentiality of information
collected from program participants is specified in 7 U.S.C. 2276.

G. Federal Awarding Agency Contacts

For further information contact: Jeff Carpenter at <a href="/cdn-cgi/l/email-protection#9bd3d9d2d2cbdbeee8fffab5fcf4ed">[email&#160;protected]</a>,
HBIIP Manager, RBCS, Rural Development, United States Department of
Agriculture, 1400 Independence Avenue SW, Mail Stop 3201, Room 5801-
South, Washington, DC 20250; or call (402) 437-5554. Persons with
disabilities that require alternative means for communication should
contact the U.S. Department of Agriculture (USDA) Target Center at
(202) 720-2600 (voice) or the 711 Relay Service.

H. Buy America, Build America Act

Funding to Non-Federal Entities. Awardees that are Non-Federal
Entities, defined pursuant to 2 CFR 200.1 as any State, local
government, Indian tribe, Institution of Higher Education, or nonprofit
organization, shall be governed by the requirements of Section 70914 of
the Build America, Buy America Act (BABAA) within the IIJA. USDA's
guidance is available online at <a href="https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver">https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver</a>.

I. Other Information

1. Congressional Review Act. Pursuant to subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (also known as the
Congressional Review Act or CRA); 5 U.S.C. 801 et seq., this action
meets the threshold for a major rule, as defined by 5 U.S.C. 804(2),
because it will result in an annual effect on the economy of
$100,000,000 or more. Accordingly, the Agency will not take action on
applications until 60 days have lapsed from notification to Congress.
2. Paperwork Reduction Act. In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35), the information
collection requirements associated with HBIIP programs, as covered in
this notice, have been approved by the Office of Management and Budget
(OMB) under OMB Control Number 0570-0072.

[[Page 41884]]

3. National Environmental Policy Act. All recipients under this
notice are subject to the requirements of 7 CFR part 1970.
4. Federal Funding Accountability and Transparency Act. All
applicants, in accordance with 2 CFR part 25, must be registered in SAM
and have a UEI number as stated in Section D.3. of this notice. All
recipients of Federal financial assistance are required to report
information about first-tier sub-awards and executive total
compensation in accordance with 2 CFR part 170.
5. Nondiscrimination Statement. In accordance with Federal civil
rights laws and USDA civil rights regulations and policies, the USDA,
its Mission Areas, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, family/parental status, income derived
from a public assistance program, political beliefs, or reprisal or
retaliation for prior civil rights activity, in any program or activity
conducted or funded by USDA (not all bases apply to all programs).
Remedies and complaint filing deadlines vary by program or incident.
Program information may be made available in languages other than
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; the USDA TARGET
Center at (202) 720-2600 (voice and TTY); or the 711 Relay Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at <a href="https://www.usda.gov/sites/default/files/documents/ad-3027.pdf">https://www.usda.gov/sites/default/files/documents/ad-3027.pdf</a>, from any USDA office, by calling (866)
632-9992, or by writing a letter addressed to USDA. The letter must
contain the complainant's name, address, telephone number, and a
written description of the alleged discriminatory action in sufficient
detail to inform the Assistant Secretary for Civil Rights (ASCR) about
the nature and date of an alleged civil rights violation. The completed
AD-3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410; or
(2) Fax: (833) 256-1665 or (202) 690-7442; or
(3) Email: <a href="/cdn-cgi/l/email-protection#d3a3a1bcb4a1b2befdbabda7b2b8b693a6a0b7b2fdb4bca5">[email&#160;protected]</a>.

Karama Neal,
Administrator, Rural Business-Cooperative Service, USDA Rural
Development.
[FR Doc. 2023-13483 Filed 6-27-23; 8:45 am]
BILLING CODE 3410-XY-P

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