Notice2022-07315
Pipeline Safety: Agency Request for Emergency Approval of an Information Collection Associated With the Natural Gas Distribution Infrastructure Safety and Modernization Grant Program
Primary source
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Published
April 6, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for emergency approval of a proposed information collection. DOT requests that OMB authorize this collection of information on or before May 14, 2022. Upon receiving the requested six-month emergency approval by OMB, DOT will follow the normal PRA procedures to obtain extended approval for this proposed information collection. The purpose of this collection is to enable eligible municipality and community-owned utilities (not including for-profit entities) to apply for grant assistance under the heading "Department of Transportation--Pipeline and Hazardous Materials Safety Administration--Natural Gas Distribution Infrastructure Safety and Modernization Grant Program" in Public Law 117-58. DOT is requesting emergency approval due to the urgency of making the associated funds available to the municipality and community-owned utilities that meet the eligibility requirements under the law.
Full Text
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<title>Federal Register, Volume 87 Issue 66 (Wednesday, April 6, 2022)</title>
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[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 20031-20033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07315]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No: PHMSA-2022-0009]
Pipeline Safety: Agency Request for Emergency Approval of an
Information Collection Associated With the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995,
this notice announces that the Information Collection Request (ICR)
abstracted below has been forwarded to the Office of Management and
Budget (OMB) for emergency approval of a proposed information
collection. DOT requests that OMB authorize this collection of
information on or before May 14, 2022. Upon receiving the requested
six-month emergency approval by OMB, DOT will follow the normal PRA
procedures to obtain extended approval for this proposed information
collection. The purpose of this collection is to enable eligible
municipality and community-owned utilities (not including for-profit
entities) to apply for grant assistance under the heading ``Department
of Transportation--Pipeline and Hazardous Materials Safety
Administration--Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program'' in Public Law 117-58. DOT is requesting
emergency approval due to the urgency of making the associated funds
available to the municipality and community-owned utilities that meet
the eligibility requirements under the law.
DATES: Interested persons are invited to submit comments on or before
April 18, 2022.
ADDRESSES: Comments may be submitted in the following ways:
E-Gov Website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
Fax: 1-202-493-2251.
E-mail: Comments and questions about the ICR identified below may
be transmitted electronically to the Office of Information and
Regulatory Affairs (OIRA) at <a href="/cdn-cgi/l/email-protection#d6b9bfa4b789a5a3b4bbbfa5a5bfb9b8a596b9bbb4f8b3b9a6f8b1b9a0"><span class="__cf_email__" data-cfemail="c3acaab1a29cb0b6a1aeaab0b0aaacadb083acaea1eda6acb3eda4acb5">[email protected]</span></a>.
Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
Instructions: Identify the docket number, PHMSA-2022-0009 at the
beginning of your comments. Note that all comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket or to read background documents or
comments, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0009.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to Federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public
[[Page 20032]]
disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001 or at <a href="/cdn-cgi/l/email-protection#a1e0cfc6c4cdc08fe9c8cdcde1c5ced58fc6ced7"><span class="__cf_email__" data-cfemail="b2f3dcd5d7ded39cfadbdedef2d6ddc69cd5ddc4">[email protected]</span></a>. Any
commentary PHMSA receives that is not specifically designated as CBI
will be placed in the public docket for this matter.
FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246, by email at <a href="/cdn-cgi/l/email-protection#50113e37353c317e18393c3c10343f247e373f26"><span class="__cf_email__" data-cfemail="6b2a050c0e070a45230207072b0f041f450c041d">[email protected]</span></a>, or by mail at DOT, PHMSA, 1200
New Jersey Avenue SE, PHP-30, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 2021, the Infrastructure Investment and Jobs Act
(IIJA) (Pub. L. 117-58) was enacted. Under the heading ``Department of
Transportation--Pipeline and Hazardous Materials Safety
Administration--Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program'' in title VIII of division J, the Natural
Gas Distribution Infrastructure Safety and Modernization Grant Program
was established. The stated purpose of the program is for certain
utilities ``to repair, rehabilitate, or replace its natural gas
distribution pipeline system or portions thereof or to acquire
equipment to (1) reduce incidents and fatalities and (2) avoid economic
losses'' by providing grant opportunities to municipality and
community-owned utilities (not including for-profit entities). The
statutory requirements for PHMSA's implementation of the program are
mandatory, and PHMSA is expected to implement the program as swiftly as
possible to reduce incidents, fatalities, and adverse impacts to the
public and the environment, particularly in disadvantaged communities.
The statutory requirements of the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program also establish a
180-day deadline for DOT to publish a notice of funding opportunity
with a subsequent 270-day deadline for making awards.
Solicitation for grants under the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program is voluntary. No
eligible entity is required to apply. To be eligible, however,
municipality and community-owned utilities must meet all the
requirements set forth in the law. Therefore, DOT must collect certain
information from applicants to determine eligibility and evaluate
applications. DOT must also verify the accuracy of grant requests from
approved applicants, in accordance with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other
laws and regulations governing Federal financial assistance programs,
including (but not limited to) the Anti-Deficiency Act, the Federal
Funding Accountability and Transparency Act (FFATA), the Payment
Integrity Information Act of 2019, and 2 CFR part 200, among others. In
accordance with the IIJA, DOT must not award more than 12.5 percent of
the funds available under the Natural Gas Distribution Infrastructure
Safety and Modernization Grant Program to a single municipality or
community-owned utility.
DOT anticipates using an online, web-based system to collect the
applicant information for the notice of funding opportunity which will
include the following information:
<bullet> Legal name of the applicant (i.e., the legal name of the
business entity), as well as any other identities under which the
applicant may be doing business.
<bullet> Address, telephone, and email contact information for the
applicant.
<bullet> Legal authority under which the applicant is established.
<bullet> Name and title of the authorized representative of the
applicant (who will attest to the required certifications). DOT may
also require the identity of external parties involved in preparation
of the application, including outside accountants, attorneys, or
auditors who may be assisting the business entity that is applying for
assistance under this program.
<bullet> The specific statutory criteria that the applicant meets
for eligibility under this program. The statute defines eligible
applicants to include municipality or community-owned utilities
excluding for-profit entities. Accordingly, DOT will require the
applicant to identify which of these categories they meet, and how.
<bullet> Information regarding the environmental effects caused by
the proposed project(s) specific to each site. Further, PHMSA will
collect project information on (1) actions to comply with state and
Federal environmental, environmental justice, and historic preservation
requirements, including the National Environmental Policy Act, and (2)
additional mitigation actions to ensure that environmental impacts,
such as those from excavation or the use of heavy equipment, are
minimal and insignificant.
<bullet> Location where the applicant was legally established,
created, or organized to do business. This information and supporting
documentation will be required to demonstrate how the applicant meets
the statutory requirement to be ``established, created, or organized in
the United States or under the laws of the United States.''
<bullet> Other identification numbers, including but not limited to
the Employer/Taxpayer Identification Number (EIN/TIN), Unique Entity
Identifier under 2 CFR part 25, etc. All applicants will be required to
have pre-registered with the System for Award Management at <a href="https://sam.gov/SAM/">https://sam.gov/SAM/</a>.
<bullet> Description of the applicant's business operations, in
sufficient detail to demonstrate how the applicant meets the statutory
requirement as a municipality or community-owned utility.
<bullet> Whether the applicant is currently engaged in any legal
proceeding that could jeopardize its ability to fulfill the legal
commitments required in statute as conditions for receiving funds under
the Natural Gas Distribution Infrastructure Safety and Modernization
Grant Program. Examples of such proceedings could include (but are not
limited to) any process related to the United States Bankruptcy Code,
potential merger or acquisition discussions, or current litigation
against the applicant. The application system will request that
applicants identify any such issues at a high level and avoid including
unnecessary details in the application.
<bullet> Whether the applicant is delinquent on any debt to any
Federal agency, along with supporting details.
<bullet> A sworn certification as to the complete and accurate
nature of all information provided, including all supporting
documentation, subject to civil or criminal penalties. The specific
certification language will include: ``I certify under penalty of
perjury that the information and certifications provided in the
application and its attachments are true and correct. WARNING: Anyone
who knowingly submits a false claim or makes a false statement is
[[Page 20033]]
subject to criminal and/or civil penalties, including confinement for
up to 5 years, fines, and civil penalties. (18 U.S.C. 287, 1001; 31
U.S.C. 3729, 3802).''
Recipients will be required to provide supporting documentation in
sufficient detail to substantiate the actual costs, specifically
excluding any personally identifiable information (PII) for any
individual employees. Recipients will also be required to provide
additional information and certifications in support of disbursement
requests.
II. Summary of Impacted Collection
Section 1320.8(d), Title 5, Code of Federal Regulations (CFR),
requires PHMSA to provide interested members of the public and affected
entities an opportunity to comment on information collection and
recordkeeping requests. This notice identifies the proposed information
collection request that PHMSA will forward to OMB for approval.
The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection.
PHMSA will request an emergency approval for this information
collection. Upon receiving the requested six-month emergency approval
by OMB, DOT will follow the normal PRA procedures to obtain extended
approval for this proposed information collection.
PHMSA requests comments on the following information:
Title: Natural Gas Distribution Infrastructure Safety and
Modernization Grant Program.
OMB Control Number: Will request from OMB.
Current Expiration Date: TBD.
Type of Request: Emergency approval of an information collection.
Abstract: This information collection covers the collection of
applicant data from municipality and community-owned utilities that are
interested in applying to receive funds from the ``Natural Gas
Distribution Infrastructure Safety and Modernization Grant Program.''
Solicitation for grants under the Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program is voluntary. No
eligible entity is required to apply. To be eligible, however,
municipality and community-owned utilities must meet all the
requirements set forth in the law. Therefore, DOT must collect certain
information from applicants to determine eligibility and evaluate
applications. DOT must also verify the accuracy of grant requests from
approved applicants, in accordance with Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other
laws and regulations governing Federal financial assistance programs,
including (but not limited to) the Anti-Deficiency Act, the Federal
Funding Accountability and Transparency Act (FFATA), the Payment
Integrity Information Act of 2019, and 2 CFR part 200, among others.
This information collection also covers the collection of data from
grant recipients. PHMSA expects to receive approximately 100
applications from potential grantees. PHMSA estimates that it will take
the 100 applicants approximately 65 hours to compile and submit the
forms required to complete the application process for an annual burden
of 6,500 hours. PHMSA estimates that 100 grant recipients will spend 5
hours, annually, submitting post-award reports for an annual burden of
500 hours. Therefore, PHMSA estimates that there will be a total of 200
responses (100 applicants + 100 grant recipients) for an aggregate
total annual burden for the information collection of 7,000 hours
(6,500 hours for applications + 500 hours for post-award reports).
Affected Public: Municipality and Community-owned Utilities.
Annual Burden:
Estimated number of responses: 200.
Estimated annual burden hours: 7,000.
Frequency of Collection: One-time application, grant reports no
more than quarterly, to be followed by disbursement requests and
closeout.
Comments are invited on:
(a) The need for this information collection for the proper
performance of the functions of the Agency, including whether the
information will have practical utility;
(b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques;
and
(e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; and 49 CFR 1.48.
Issued in Washington, DC, on April 1, 2022 under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-07315 Filed 4-5-22; 8:45 am]
BILLING CODE 4910-60-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.