[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36374-36376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12970]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No: PHMSA-2022-0009]


Pipeline Safety: Information Collection Activities: 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 accordance with the Paperwork Reduction Act of 1995, PHMSA 
invites public comments on its intent to request Office of Management 
and Budget (OMB) three-year approval of an information collection 
titled: ``The Natural Gas Distribution Infrastructure Safety and 
Modernization Grant Program'' under OMB Control No. 2137-0641. The 
information collection enables eligible municipality and community-
owned utilities (not including for-profit entities) to apply for grant 
assistance set forth 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 of Public Law 117-58.

DATES: Interested persons are invited to submit comments on or before 
August 15, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the 
public to enter comments on any Federal Register notice issued by any 
agency.
    Fax: 1-202-493-2251.
    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 http://www.regulations.gov, including any 
personal information provided. You should know that anyone is able to 
search the electronic form of all comments received into any of our 
dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). Therefore, you may want to review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov 
before submitting any such comments.
    Docket: For access to the docket or to read background documents or 
comments, go to http://www.regulations.gov 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 
www.regulations.gov, as described in

[[Page 36375]]

the system of records notice (DOT/ALL- 14 FDMS), which can be reviewed 
at www.dot.gov/privacy.
    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 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. Unless you are notified 
otherwise, PHMSA will treat such marked submissions as confidential 
under the FOIA, and they will not be placed in the public docket of 
this notice. Submissions containing CBI should be sent to Angela Hill, 
DOT, PHMSA, 1200 New Jersey Avenue SE, PHP-30, Washington, DC 20590-
0001. 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 or by email at <a href="/cdn-cgi/l/email-protection#0a4b646d6f666b24426366664a6e657e246d657c"><span class="__cf_email__" data-cfemail="5d1c333a38313c73153431311d393229733a322b">[email protected]</span></a>.

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 established a 
180-day deadline for DOT to publish a Notice of Funding Opportunity 
(NOFO) with a subsequent 270-day deadline for making awards. In an 
effort to meet the statutory deadlines, PHMSA published a Federal 
Register notice on April 6, 2022; (87 FR 20031) notifying the public of 
its plan to seek emergency OMB approval for this information 
collection. During the 10-day comment period, PHMSA received one (1) 
comment from Red Bay Water and Gas seeking a reimbursement grant for a 
cast iron replacement project that began in October 2021 and is 
projected to be completed by August 2022. PHMSA encourages all 
potential applicants to submit an application via www.grants.gov in 
response to the NOFO issued on March 24, 2022. The application closes 
on July 25, 2022.
    On May 10, 2022, OMB granted PHMSA an emergency 6-month approval to 
collect the required information. PHMSA is publishing this notice, in 
compliance with the Paperwork Reduction Act of 1995, to give 
stakeholders an opportunity to comment on PHMSA's plan to request OMB's 
full three-year approval of this information collection.

II. 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, 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 grants.gov to collect the applicant 
information for the NOFO 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> Business 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 to 
describe how they meet it.
    <bullet> Information regarding the possible 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 regulations, 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.
    <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, Unique Entity 
Identifier under

[[Page 36376]]

2 CFR part 25, etc. All applicants will be required to have pre-
registered with the System for Award Management at https://sam.gov/SAM/.
    <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 NOFO 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 
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).''
    Award recipients will be required to provide supporting 
documentation in sufficient detail to substantiate the actual costs, 
specifically excluding any personally identifiable information for any 
individual employees. Recipients will also be required to provide 
additional information and certifications in support of disbursement 
requests.

III. Summary of Impacted Collection

    Section 1320.8(d), Title 5, 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 a three-year approval for this information 
collection. PHMSA requests comments on the following information:
    Title: Natural Gas Distribution Infrastructure Safety and 
Modernization Grant Program.
    OMB Control Number: 2137-0641.
    Current Expiration Date: 11/30/2022.
    Type of Request: Extension of an approved 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 200 
applications from potential grantees. PHMSA estimates that it will take 
the 200 applicants approximately 82 hours to compile and submit the 
forms required to complete the application process for an annual burden 
of 16,400 hours. PHMSA estimates that 100 grant recipients will, on 8 
occasions over the course of one year, spend 2.5 hours, or 20 hours 
annually, submitting post-award reports for an annual burden of 2,000 
hours. Therefore, PHMSA estimates that there will be a total of 1,000 
responses (200 applications + 800 post-award reports) for an aggregate 
total annual burden for the information collection of 18,400 hours 
(16,400 hours for applications + 2,000 hours for post-award reports).
    Affected Public: Municipality and Community-owned Utilities.
    Annual Burden:
    Estimated number of responses: 1,000.
    Estimated annual burden hours: 18,400.
    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.

    Issued in Washington, DC, on June 10, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-12970 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-60-P


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