Statement A - Environmental Questionnaire Supporting Final

SUPPORTING STATEMENT

U.S. Department of Commerce

National Institute of Standards and Technology

CHIPS Environmental Questionnaire Information Collection

OMB Control No. 0693-0093

SUPPORTING STATEMENT PART A

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The CHIPS Incentives Program is authorized by Title XCIX—Creating Helpful Incentives to Produce Semiconductors for America of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283, referred to as the CHIPS Act or Act), as amended by the CHIPS Act of 2022 (Division A of Pub. L. 117-167). The CHIPS Incentives Program is administered by the CHIPS Program Office (CPO) within the National Institute of Standards and Technology (NIST) of the United States Department of Commerce (Department). Applicants must submit the Environmental Questionnaire as part of an optional Pre-application and as part of a full application via a form that will be available at https://applications.chips.gov/. The Environmental Questionnaire is necessary for the Department to determine how to fulfill its obligations under the National Environmental Policy Act and other related statutes.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The purpose of the Environmental Questionnaire is to ensure that the Department is aware, in broad terms, of relevant environmental considerations, and can work with the potential applicant to ensure that the applicant can provide all required environmental information during the full application and due diligence stages so that the Department can fulfill its statutory obligations under the National Environmental Policy Act and related statutes.

Each potential applicant must provide the requested information on the Environmental Questionnaire using the template that is available on the CHIPS Incentives Program application portal. If the potential applicant expects to propose more than one project in its application, the potential applicant must address the questions separately for each project in the Environmental Questionnaire.

While a potential applicant is not expected to have complete information regarding potential environmental impacts at the pre-application or application stage, a more complete Environmental Questionnaire will reduce the likelihood of unexpected delays at later phases, which may result if the Department determines that the project poses environmental concerns that have not been adequately disclosed, or that the information submitted is insufficient to assess the potential environmental impacts. The Department will only fund activities for which it is able to complete any necessary environmental review.

The specific information the Department is collecting as part of the Environmental Questionnaire includes (note that for any question in which the Applicant asserts that an item is not applicable to a project, they must provide a brief supporting explanation):

Project Description

A brief summary of the proposed project(s) and each of the activities included in the proposed project(s), including the project schedule and a summary of any manufacturing process that will take place at the facility associated with the project. For each activity included in the project(s), describes both how that activity would benefit from the other project activities, and any value or utility that the activity will have independent of other activities. Identifies specifically the activities the applicant plans to conduct using Federal funds if the applicant anticipates that Federal funds will only be used for certain activities.

If the proposed project(s) is part of a larger application or a project cluster, describes both how the project(s) would benefit from the other projects included in the application or project cluster, and any value or utility that the project will have independent of other projects.

Project Site/Affected Environment

Describes the location’s address or coordinates, and the names of facilities. Provides a topographical map of the project area and a site map (with legend and north arrow) displaying the project location and boundaries, limits of disturbance, and existing and proposed project activities. (A GIS shapefile is preferrable, if available. If the specific locations of facilities and associated infrastructure are unknown, the applicant may provide a conceptual layout that describes the relative scale and proximity of project elements.)

Describes the following for the location where the project would take place:

1. The nature of the site (e.g., urban, industrial, suburban, agricultural, university campus, manufacturing facility) and the current condition and/or use of the site;

2. The ownership or administration of the site and the surrounding lands, including whether any of the lands within or adjacent to the site are owned by any entity other than the applicant; if any of the lands are owned by a governmental entity, describes the management status of the lands (e.g., conservation lands, multiple-use lands, industrial lands);

3. Any existing facilities or buildings on the site, and whether those buildings would be demolished, modified, or reused without substantial external modification;

4. Any new facilities or buildings proposed for the site, including utilities, roads, or other infrastructure or supporting facilities; and

5. Whether work on the activity has already begun or will begin before a funding decision is made.

Resource Consumption Rates and Effluent Emissions Streams and Impacts

Describes all material inputs and outputs, including, for example, but not limited to, material resources, water consumption, electricity use.

Tribal, Historic, and Cultural Resources

Indicates whether the project site, or any adjoining lands, are owned by or held in trust for any federally recognized Indian tribes or are located within the exterior boundaries of a reservation. Describes any known resources of tribal interest, or any known concerns raised by any federally recognized Indian tribes related to the project.

Identifies any known historic, archeological, or cultural resources within or adjacent to the project site, including historic properties that are listed on or eligible for listing on the National Register of Historic Places, or considered to be of local or state significance. (In many states, the State Historic Preservation Office (SHPO) maintains GIS databases of historic properties and cultural resources.) Discusses the potential impacts of the project on any such resources within or adjacent to the project site, and any measures that you have identified that might mitigate these impacts.

Project Setting

Describes the general proposed project area.

Vegetation and Wildlife Resources.

Identifies native vegetation and wildlife found in the project area or its immediate vicinity.

Conservation Areas

Identifies any designated or formally proposed conservation areas located near the project site, including federally designated areas such as national parks, national wildlife refuges, national conservation areas, national historic sites, or wilderness areas, or similar areas designated by state, tribal, or local governments. Provides information about any impacts to these areas, and any measures that you have identified that might mitigate these impacts.

Coastal Zones and Navigable Waters

Indicates whether the project is located within a designated coastal zone subject to the Coastal Zone Management Act. (Information on coastal zone boundaries is available on the National Oceanic and Atmospheric Administration’s (NOAA) website.) Identifies any shorelines, beaches, dunes, or estuaries within or adjacent to the project site(s). Indicates if there are any proposed overwater structures that could impact navigable waters. Identifies any measures that you have identified that might mitigate these impacts.

Wetlands

Identifies any wetlands within or adjacent to the proposed project location. If available, provides an on-site wetland/waters delineation performed in accordance with the 1987 (or current version) U.S. Army Corps of Engineers Wetland Delineation Manual, as amended. Provides any correspondence from the U.S. Army Corps of Engineers (USACE), including any jurisdictional determination or permit documents. If the proposed project may impact wetlands, streams, or navigable waters, the applicant should contact USACE concerning any jurisdictional waters resources. Identifies any measures that you have identified that might mitigate these impacts.

Floodplains

States whether the proposed project is located within a mapped 100- or 500-year floodplain. Provides a Federal Emergency Management Agency (FEMA) floodplain map (with the map number and effective date) displaying the project location and boundaries, and existing and proposed project activities. Floodplain maps can be viewed and printed from FEMA’s website. If FEMA floodplain maps do not exist in the project area, provides a letter from a professional engineer regarding the presence or absence of a 100-year floodplain.

Endangered Species

Identifies any threatened, endangered, and candidate species located in or near the proposed project location, and any potential or existing habitat, including critical habitat designations in the project area. Identifies the potential for direct or indirect impacts on these species, and any measures that you have identified that might mitigate these impacts. Provides an Effect Determination or Biological Assessment if one has been completed for any of the species listed, or if the applicant has had any, provides correspondence with the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) related to the proposed project.

Critical habitat designations, lists of protected species by county, and information on effect determinations are available on the FWS website. The FWS’s web-based Information, Planning, and Conservation System (IPaC) may also be useful for the early planning stage of a project. For proposed projects with possible impacts to fisheries and marine/coastal species, NMFS provides relevant information.

Land Use and Zoning

Describes the present formal zoning designation and current land use of the proposed project site and adjacent land parcels. Identifies any agricultural land parcels designated as “prime/unique agriculture lands” by the U.S. Department of Agriculture (USDA) under the Federal Farmlands Protection Act or a local equivalent. (Additional information may be found at the USDA’s Natural Resources Conservation Service website.)

Solid Waste Management

Indicates the types and quantities of solid wastes the project facilities would produce.

Hazardous or Toxic Substances

Describes any toxic, hazardous, or radioactive substances that will be used or produced by the proposed project facilities.

Impacts to Water Quality/Water Resources

Describes surface and underground water resources at or near the project site; any impacts of the proposed project to these resources; and any measures that you have identified that might mitigate these impacts.

Water Supply and Distribution System

Indicates the source, quality, and supply capacity of local domestic and industrial/commercial water resources, and the amount of water that project facilities are expected to utilize. Note whether the water that is being supplied is in compliance with the Safe Drinking Water Act, and if not, what steps are being taken to ensure compliance.

Wastewater Collection and Treatment Facilities

Describes the wastewater treatment facilities available for processing the additional effluent from the project.

Environmental Justice & Socioeconomics

Identifies whether the proposed project would be in or near disadvantaged communities that are overburdened or underserved. Describes whether the proposed project may result in disproportionate adverse human health or environmental impacts to overburdened and underserved communities, including minority, tribal, or low-income populations.

In describing potential impacts, it considers whether the proposed project will result in any changes in local socioeconomic conditions, including population, employment rates, cost of housing, and other relevant conditions. Identifies any measures that the applicant has identified that might mitigate these impacts.

Transportation (Streets, Traffic and Parking)

Briefly describes the local street/road system serving the project site(s) and describes any new traffic patterns that may arise because of the project. Indicates if land use in the vicinity, such as residential, hospital, school, or recreational, will be affected by these new traffic patterns. Indicates if any existing capacities of these transportation facilities will be exceeded as a direct or indirect result of this project implementation, particularly in terms of car and truck traffic, and what the new Level of Service designation will be.

Air Quality

Indicates types and quantities of air emissions (including odors or nanoscale materials) that would be produced by the project facilities, and any measures you have identified that might mitigate these impacts. Is the proposed project site classified as a “non-attainment” area for any criteria pollutants? If so, for which pollutants? Indicates any local topographical or meteorological conditions that may hinder the dispersal of air emissions.

Greenhouse Gases and their Environmental Effects

Indicates the impact that the project would have on greenhouse gas emissions and describes sustainability efforts to be incorporated into the project (i.e., renewable energy use) as well as any efforts to improve energy efficiency and to reduce emissions.

Also describes how climate resilience will be addressed; that is, how will the project adapt to impacts from climate change?

Noise

Will operation of project facilities increase local ambient noise levels? If yes, indicates the estimated levels of increase, and the areas impacted including any sensitive receptors (e.g., hospitals, schools, daycare facilities, housing for seniors, other residences) that may be affected. Indicates any measures that you have identified that might mitigate these impacts.

Health and Safety

Identifies and describes: (1) any known or potential health and safety hazards to the public or project workers that may result from or are associated with your proposed project; and (2) any efforts that would be taken to mitigate these hazards.

Permits and other Government Agency Involvement

Is any Federal agency other than NIST involved in any aspect of this project (e.g., funding, permitting, technical assistance, project located on federally administered land)? Identifies any Federal, tribal, state, or local environmental permits, plans, or reviews needed for the project (e.g., Clean Water Act 404 permits, stormwater management plans, coastal zone management/shoreline management plan, Clean Air Act permits, Clean Water Act National Pollutant Discharge Elimination System (NPDES), etc.) and the status of any such permits. Attach copies of any such permits or permit applications.

Public Notification/Controversy

Provides evidence of the community’s awareness of the project, such as newspaper articles or public notification and/or public meetings, as applicable. Identifies state, tribal, or local government agencies that will have oversight or interest in the project, as well as any nongovernmental organizations that have expressed opposition or support for the project. Attach any project related correspondence with these agencies, tribes, and organizations. If a formal public hearing has been held by any government agency, attach any available minutes or notes from such hearings. Fully describes any public controversy or objections which have been made concerning this proposed project and discuss steps taken to resolve such objections.

Environmental Experience and Approach

Describes any experience in addressing and resolving environmental concerns during the performance of past projects of similar size and complexity including the obtaining of necessary permits. Describes any existing written environmental policies, procedures, or plans currently in place and considered essential to the conduct of the applicant’s commercial business operation. Discusses any directly related education/experience of key project members (e.g., air quality management; surface water and ground water management; solid waste management; ecological resources; cultural resources; environmental permit applications).

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Environmental Questionnaire will consist of a document describing environmental aspects of the associated project for which funding is being requested. The form must be submitted electronically as part of a pre-application or full application at https://applications.chips.gov/.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This is a new program. We are unaware of any efforts that would correlate to the data collection involved in this request. We are unaware of any efforts to collect this information in the past or currently from other sources within Commerce, from other government sources, and from outside sources. Where an applicant has already submitted information to another federal agency concerning environmental matters, they are directed to include references to those collections in this form.

The applicant is required to submit the Environmental Questionnaire as part of the optional pre-application and as part of the required full application. Applicants that submitted an Environmental Questionnaire as part of their pre-application will only be required to provide updated information, as applicable, in the full application.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The submission of this form as part of the optional pre-application or required full application is the same for all applicants. Questions have been tailored to minimize the burden in responding.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Collection of the Environmental Questionnaire ensures both the applicant and government are able to assess the likelihood of completing the proposed project and ensure the government is able to complete its environmental compliance responsibilities. The Environmental Questionnaire will reduce the likelihood of unexpected delays at later phases, which may result if the Department determines that the project poses environmental concerns that have not been adequately disclosed, or that the information submitted is insufficient to assess the potential environmental impacts. Without a way to identify potential environmental issues in applications, the process of evaluating applications would result in significant delays and applicant frustration, risking program success. The CHIPS Incentives Program remains committed to providing excellent service to stakeholders through the lifespan of the Act, and this information collection is critical to providing that standard of service in order to ensure overall success of the program.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner: requiring respondents to report information to the agency more often than quarterly; requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; requiring respondents to submit more than an original and two copies of any document; requiring respondents to retain records, other than health, medical, government contract; grant-in-aid, or tax records, for more than three years; in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study; requiring the use of a statistical data classification that has not been reviewed and approved by OMB; that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Applicants are only required to submit one Environmental Questionnaire per application instance with respect to the pre-application or full application. If they choose to submit a pre-application and then later submit a full application, they are only required to provide updated information as part of the full application. Note: more information on the data analysis is found in the supporting statement part B.

The Notice of Funding Opportunity (NOFO), CHIPS Incentives Program – Commercial Fabrication Facilities, section IV, paragraph C. 3. Use of Information states:

Any person or entity submitting information under this NOFO acknowledges and understands that information and data contained in or submitted in connection with statements of interest, pre-applications, full applications, or due diligence under this NOFO (together, “applicant information and data”) may be accessed and used by Federal employees for the purposes of this NOFO and carrying out the government’s responsibilities in connection with the CHIPS Incentives Program, or as otherwise required by law. By submitting applicant information and data, the applicant, potential applicant, or an entity submitting a statement of interest consents to the disclosure of such applicant information and data to consultants and contractors for these purposes, consistent with Federal law.

The Department may publish information concerning the award of incentives throughout the review, selection, and award process. By submitting a full application, the applicant consents to the disclosure of information regarding the identity of the applicant and its ultimate corporate parent, the location of the proposed project(s), the estimated total capital expenditure for the proposed project(s), the status of its application (e.g., complete and pending review, approved for entry into due diligence, in due diligence, denied, or withdrawn); whether a non-binding Preliminary Memorandum of Terms has been offered to the applicant, as well as basic terms thereof; disclosures of project information and environmental impacts required under Federal environmental review requirements, such as the National Environmental Policy Act (as determined by the Department), any notifications to Congress required by law, or any other disclosures required by law.

Any accepted non-binding Preliminary Memorandum of Terms or CHIPS Incentives Award will specify additional information that the Department may make public, including, for example, the identity of the recipient, the type(s) and amount(s) of the CHIPS Incentives, and appropriate summaries of the project(s). As will be set forth in the terms and conditions of a CHIPS Incentives Award, successful applicants will be expected to support program and project reviews, audits, and evaluations, including by submitting required financial and performance information and data in an accurate and timely manner, making available documents and other records related to the award project(s) upon request, and by cooperating with Department and external program evaluators, including the Office of the Inspector General. Certain post-award progress reporting may also be made public.

The Department may also publish aggregated information from statements of interest, pre-applications, and applications.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

A 60-day Federal Register Notice (FRN) soliciting public comments was published on Wednesday, April 12, 2023 (Vol. 88, Number 70, pages 22009-22010). No comments were received.

A 30-day Federal Register Notice (FRN) soliciting public comments was published on Thursday, August 31, 2023 (Vol. 88, Number 168, pages 60182-60183).

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

There are no plans to provide payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

CPO recognizes the importance of protecting confidential business information from public disclosure. CPO and the Department will follow applicable laws, including, for example, the CHIPS Act, the Trade Secrets Act, and the Freedom of Information Act (FOIA), to protect such information. Section IV.C of the CHIPS Incentive Program – Commercial Fabrication Facilities Notice of Funding Opportunity (NOFO) provides the additional information on the maintenance of confidentiality and use of the information collected in greater detail.

Information in this system is not maintained in a Privacy Act system of records (i.e., information about an individual is not retrieved by the individual’s name or unique identifier) and a SORN and Privacy Act Statement are not required.

In accordance with the privacy provisions of the E-Government Act of 2002, a privacy impact assessment is required for this information system. The information will be maintained in NIST’s Business Operations Office System. The system’s PIA is being updated to reflect the collection and maintenance of CHIPS-related information and will be reviewed and approved by the Department’s Senior Agency Official for Privacy before being published to the Department’s privacy program page available at: https://osec.doc.gov/opog/privacy/NIST-pias.html.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No sensitive or private information of this sort is being collected.

12. Provide estimates of the hour burden of the collection of information.

As this is a new program and burden is largely estimated, a review of expected response rates will be conducted periodically so that the program may adjust burden rates with OMB. Initial estimate:

Collection Activity	Number of Respondents	Number of responses annually / respondent	Total annual responses	Estimated hours per response	Total Annual Burden Hours
Environmental Questionnaire	200	1	200	8 hours	1600 hours

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

There are no subscription costs to respondents or record keepers resulting from the collection of this information. There is no subscription or service cost to submit a Statement of Interest. Use of the website for submitting the information is free. Once collected the respondent has no requirement to pay for any service to maintain eligibility.

Type of Respondent	Number of Respondents	Number of Responses per Respondent	Average Burden per Response	Hourly Wage Rate*	Total Burden Costs
Applicant	200	1	8 hours	$47.32	$75,712
Total	--	--	--	--	$75,712

* Hourly wage based on U.S. Bureau of Labor Statistics for a 13-1082 Project Management Specialist, mean annual wage. https://www.bls.gov/oes/current/oes131082.htm

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

The estimated annualized cost to the Federal government for processing Environmental Questionnaires as part of a Pre-application or Full-application submissions are:

Staff	Grade/Step	Salary	Fringe (if applicable	% of Effort	Total Annualized Cost to Gov’t
Federal Oversight
NIST Project Oversight Officer -	ZP-IV	170,000	65.6% (leave and benefits)	5%	$14,076
System Maintenance (labor)
NIST OISM systems maintenance staff x 2		140,000	65.6% (leave and benefits)	1%	$4,637
NIST OISM IT Security		140,000		1%	$2,318
System Operation (labor)
CPO Engagement Staff x 3		170,000	65.6% (leave and benefits)	25%	$211,140
Other Objects (Non-labor)
Licenses (upload into SalesForce as part of the Pre-app or Full-app)				1% of total license cost	$500
Total Cost to the Government					$232,671

As one form in the Pre-application or Full-application submission, the cost of this endeavor is intrinsically tied to the Pre-application and Full-application processes. For awareness, the cost of both efforts are included below:

The Pre-application Cost estimate:

Initial start-up costs involved the implementation of a contract to provide development of a web-based application. The contract involves three of the four modules of the larger system – the Statement of Intent, Pre-application, and Full-application. The cost of developing the Pre-application as a portion of that contract is approximately $1.505M. Continued maintenance and licensing costs will be approximately $774,500 per year.

Staff	Grade/Step	Salary	Fringe (if applicable	% of Effort	Total Annualized Cost to Gov’t
Federal Oversight
NIST Project Oversight Officer -	ZP-IV	170,000	65.6% (leave and benefits)	35%	$98,532
System Maintenance (labor)
NIST OISM systems maintenance staff x 2		140,000	65.6% (leave and benefits)	5%	$23,184
NIST OISM IT Security		140,000		5%	$11,592
System Operation (labor)
CPO Engagement Staff x 6		170,000	65.6% (leave and benefits)	35%	$591,192
Other Objects (Non-labor)
Licenses					$50,000
Total Cost to the Government					$774,500

The Full-application Cost estimate:

Initial start-up costs involved the implementation of a contract to provide development of a web-based application. The contract involves three of the four modules of the larger system – the Statement of Intent, Full-Application, and Full-application. The cost of developing the Full Application as a portion of that contract is approximately $1.72M. Continued maintenance and licensing costs will be approximately $873,032 per year.

Staff	Grade/Step	Salary	Fringe (if applicable	% of Effort	Total Annualized Cost to Gov’t
Federal Oversight
NIST Project Oversight Officer -	ZP-IV	170,000	65.6% (leave and benefits	40%	$112,608,000
System Maintenance (labor)
NIST OISM systems maintenance staff x 2		140,000	65.6% (leave and benefits)	5%	$23,184
NIST OISM IT Security		140,000		5%	$11,592
System Operation (labor)
CPO Engagement Staff x 6		170,000	65.6% (leave and benefits)	40%	$675,648
Other Objects (Non-labor)
Licenses					$50,000
Total Cost to the Government					$873,032

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

This is an extension to a new information collection.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The agency plans to perform certain analyses and develop statistics, reports, or other items summarizing the results of the collection activity.

This analysis will occur on a regular and recurring basis over the life cycle of the revolving nature of the program.

The Notice of Funding Opportunity (NOFO), CHIPS Incentives Program – Commercial Fabrication Facilities, section IV, paragraph C. 3. Use of Information states:

Any person or entity submitting information under this NOFO acknowledges and understands that information and data contained in or submitted in connection with statements of interest, pre-applications, full applications, or due diligence under this NOFO (together, “applicant information and data”) may be accessed and used by Federal employees for the purposes of this NOFO and carrying out the government’s responsibilities in connection with the CHIPS Incentives Program, or as otherwise required by law….The Department may also publish aggregated information from statements of interest, pre-applications, and applications.

Note: more information on the data analysis is found in the supporting statement part B.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The expiration date will be clearly displayed with the OMB Control Number.

18. Explain each exception to the topics of the certification statement identified in “Certification or Paperwork Reduction Act Submissions.”

There will be no exceptions to the certification statement and NIST certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).