[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66773-66775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24068]


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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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the information collection request abstracted 
below is being forwarded to the Office of Management and Budget (OMB) 
for review and comment. A Federal Register notice with a 60-day comment 
period soliciting comments on the information collections was published 
on June 16, 2022.

DATES: Interested persons are invited to submit comments on or before 
December 5, 2022.

ADDRESSES: The public is invited to submit comments regarding these 
information collection requests, including suggestions for reducing the 
burden, to Office of Management and Budget, Attention: Desk Officer for 
the Office of the Secretary of Transportation, 725 17th Street NW, 
Washington, DC 20503. Comments can also be submitted electronically at 
www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-680-
2034 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Title 5, Code of Federal Regulations (CFR) section 1320.8(d), 
requires the Pipeline and Hazardous Materials Safety Administration 
(PHMSA) to provide interested members of the public and

[[Page 66774]]

affected agencies the opportunity to comment on information collection 
and recordkeeping requests before they are submitted to OMB for 
approval. In accordance with this regulation, on June 16, 2022, PHMSA 
published a Federal Register notice (87 FR 36374) with a 60-day comment 
period soliciting comments on its intent to request OMB's three-year 
approval of an information collection titled: ``The Natural Gas 
Distribution Infrastructure Safety and Modernization Grant Program'' 
under OMB Control No. 2137-0641.
    During the 60-day comment period, PHMSA received comments from the 
American Public Gas Association (APGA), the Distribution Contractors 
Association (DCA), and the Plastics Pipe Institute (PPI). Both DCA and 
PPI submitted comments in general support of the information 
collection. APGA likewise expressed support for this information 
collection request in that it facilitates the distribution of allocated 
grant dollars. APGA also provided comments on various aspects of the 
information collection request. The comments, organized by topic, are 
summarized and addressed below.

II. Comment Summary

    A summary of comments and PHMSA responses are detailed below.

A. Estimated Burden

    APGA commented that due to the highly technical and granular data 
required to complete the grant application, the actual burden hours 
exceeded PHMSA's 82-hours' estimate. Specifically, APGA stated ``[d]ue 
to the quantity of highly technical and granular data required in this 
application, it has been the experience of APGA members that the 
application takes more than 82 hours to complete. This is especially 
true during the first iteration of the application. The application 
expands beyond routine pipeline safety, design, construction, and 
integrity management questions to include areas of less familiarity 
with the average applicant. Many have had to rely upon subject matter 
experts in the areas of grant writing, environmental mitigation 
strategies, and cyber security guidelines.'' APGA estimated that the 
average initial application required nearly 200 hours to complete. 
PHMSA agrees that the application requires a variety of meticulous 
details that may take additional time to collect in order to properly 
prepare an application that complies with the Notice of Funding 
Opportunity (NOFO). PHMSA also believes that future rounds of NGDISM 
NOFOs will require less time given the number of frequently asked 
questions (FAQs) that are now available as well as PHMSA's intention to 
incorporate many of APGA's suggested edits in future NOFO iterations. 
As such, PHMSA has agreed to increase the estimated burden to 32,000 
hours, for an average of 160 hours per applicant.

B. Technical Issues With Unique Entity Identifier and Grants.gov

    APGA commented that their members experienced frustration during 
the process of obtaining a Unique Entity Identifier through SAM.gov and 
with changing the settings in Grants.gov to complete the application. 
APGA acknowledged that these areas are outside of PHMSA's control. 
PHMSA acknowledges that many applicants experienced technical issues 
with these two government sites and recommends applicants utilize the 
Grants.gov and SAM.gov helpdesks to resolve any future technical 
issues. For issues with Grants.gov, applicants can call 1-800-518-4726 
or email [email protected]. For issues with SAM.gov, applicants can 
call 866-606-8220 or create an incident ticket with the Federal Service 
Desk at the following website: www.fsd.gov. Although PHMSA stands ready 
to provide any assistance it can, all applicants are ultimately 
responsible for working directly with both SAM.gov and Grants.gov to 
resolve technical issues.

C. Suggestions To Enhance the Quality, Utility, and Clarity of the 
Collected Information

    APGA provided PHMSA with specific comments on various aspects of 
the NOFO's Project Narrative requirements. In response to APGA, PHMSA 
will take their comments into consideration when drafting future NOFOs 
for this grant program. Summaries of the APGA comments, per section of 
the NOFO, are detailed below.
1. Explanation of Evaluation and Select Criteria Equivalence
    APGA suggested that Section 8 of the Project Narrative either be 
removed or modified as it is largely duplicative of other sections, 
adds unnecessary burden on applicants, and further constrains 
applicants' ability to provide complete answers given the page 
requirements. APGA suggested if PHMSA chooses to keep this section, 
PHMSA should clarify whether applicants are expected to go through each 
of the 23 elements in Section E.1 and reiterate their responses, or 
whether other content is being requested.
2. Project Narrative Cover Letter
    APGA commented that the ``Organization Name'' section of the cover 
letter section requested information that is confusing given the goal 
of the NGDISM Grant Program. APGA suggested PHMSA modify the language 
for clarity.
3. Project Location
    APGA commented that not all projects are geospatially specific and 
that this element should be broadened to include the replacement of 
assets throughout a service area or the purchase of equipment.
4. Project Schedule
    APGA commented that many applicants were in the early stages of 
project design when applying for a grant and exact project schedules 
and milestones may not have been available at the time of application. 
APGA suggested that PHMSA edit the language in this section for 
clarity. APGA also suggested generally referring to the period-of-
performance to ensure consistency during future application years 
should the period-of-performance change.
5. Environmental Outputs and Objectives
    APGA commented that applicants may find it helpful for PHMSA to 
provide examples of how applicants should describe methane mitigation 
for their projects, whether in the form of application instructions or 
in an FAQ document.
6. Buy America
    APGA commented that there are many commonly used materials 
throughout natural gas distribution systems that are known to be non-
compliant with the Buy America requirements in Section 70914 of the 
Infrastructure Investment and Jobs Act, such as large steel fittings 
and piping. APGA encourages PHMSA to explore creating a specific waiver 
for those materials for all NGDISM grant recipients.\1\
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    \1\ While the IIJA's Buy America requirements apply to this 
program, the Buy American Act (41 U.S.C. 8301, et seq.) does not 
apply to this program.
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7. Critical Infrastructure Security and Resilience
    APGA suggested referencing the Transportation Security 
Administration's Pipeline Security Guidelines in lieu of the 
Presidential Policy Directive. APGA believes these guidelines are more 
specific to the

[[Page 66775]]

pipeline industry and are more practical for implementation.
8. Environmental Analysis
    APGA commented that it is unclear if PHMSA is requesting applicants 
provide information concerning the nine sections of the Tier 2 
Questionnaire in their initial applications. The information appears to 
be provided for information and planning purposes only. Therefore, for 
clarity, APGA recommended that it is moved to a separate section of the 
instructions.

III. Summary of Impacted Collections

    The following information is provided for the information 
collection request: (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 term of 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 NGDISM Grant 
Program. Solicitation for grants under the NGDISM 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, PHMSA must collect 
certain information from applicants to determine eligibility and 
evaluate applications. PHMSA 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 annually over the next four years. 
PHMSA estimates that it will take the 200 applicants approximately 160 
hours per applicant to compile and submit the forms required to 
complete the application process for an annual burden of 32,000 hours. 
PHMSA estimates that 100 grant recipients will, on eight 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 plus 800 post-award reports) for an 
aggregate total annual burden for the information collection of 34,000 
hours (32,000 hours for applications plus 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: 34,000.
    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.

    Issued in Washington, DC, on October 31, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-24068 Filed 11-3-22; 8:45 am]
BILLING CODE 4910-60-P


