[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 20031-20033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 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.
    E-mail: Comments and questions about the ICR identified below may 
be transmitted electronically to the Office of Information and 
Regulatory Affairs (OIRA) at [email protected].
    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.
    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 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

[[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 [email protected]. 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 [email protected], 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:
     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.
     Address, telephone, and email contact information for the 
applicant.
     Legal authority under which the applicant is established.
     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.
     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.
     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.
     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.''
     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 https://sam.gov/SAM/.
     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.
     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.
     Whether the applicant is delinquent on any debt to any 
Federal agency, along with supporting details.
     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


