[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66098-66100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26506]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket ID PHMSA-2008-0292]
Pipeline Safety: Technical Assistance Grants to Communities
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of Technical Assistance Grant Criteria.
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SUMMARY: PHMSA has established the criteria and competitive procedures
that will be used in awarding grants under the Technical Assistance
Grants (TAG) program authorized in 49 U.S.C. 60130 and section 2(e) of
the Pipeline Inspection, Protection, Enforcement, and Safety Act of
2006. Subject to future appropriations, the TAG program will provide
grants to local governments and community groups for engineering and
other technical assistance related to pipeline safety matters. This
Notice also details PHMSA's plans for awarding the three demonstration
grants authorized under the TAG program.
FOR FURTHER INFORMATION CONTACT: Steven Fischer by e-mail at
steve.fischer@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Experience shows that informed communities play a vital role in the
safety and reliability of pipeline operations. Accurate information
about the location, operation, and regulation of pipelines facilitates
safe land use planning, effective damage prevention programs, and fast,
safe, and capable emergency response. To those ends, PHMSA has actively
developed and strengthened programs to improve the flow of pipeline
safety information to communities. Over the past several years, PHMSA
has established its Stakeholder Communications website; staffed a
Community Assistance & Technical Services Program within the Office of
Pipeline Safety; offered web-casting of Pipeline Safety Trust meetings;
funded invitational travel for state and local officials to participate
in various planning and review committees; invited public
representatives to our Pipeline Safety Advisory Committees; made
transmission pipeline location information available through the
National Pipeline Mapping System; and strengthened standards for
pipeline operator public awareness programs. Most recently, in January
2008, PHMSA launched the Pipeline and Informed Planning Alliance to
facilitate risk-informed land use and community planning.
The Technical Assistance Grants (TAG) program, first authorized in
the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-355, codified
at 49 U.S.C. 60130), offers new opportunities to strengthen the depth
and quality of public participation in pipeline safety matters. Section
9 of the Act, titled: ``Pipeline Safety Information Grants to
Communities'' authorized the Secretary of Transportation to make grants
to local communities and organizations for technical assistance
relating to pipeline safety issues. The grants would allow communities
and groups of individuals (not including for-profit entities) to obtain
funding for technical assistance in the form of engineering or other
scientific analysis of pipeline safety issues and help promote public
participation in official proceedings. For purposes of grants
eligibility, communities are defined as cities, towns, villages,
counties, parishes, townships, and similar governmental subdivisions,
or consortiums of such subdivisions. A nongovernmental group
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of individuals is eligible for a grant under the TAG program if its
members are affected or potentially affected individuals who are, or
are willing to become, incorporated as a non-profit organization in the
state where they are located. By law, the amount of any grant may not
exceed $50,000 for a single grant recipient and the funds authorized
for these grants may not be derived from user fees collected under 49
U.S.C. 60301. Although the 2002 Act authorized $1,000,000 for grant
awards under the TAG program, to date, no funds have been appropriated
for this purpose.
II. Competitive Procedures for Awarding Technical Assistance Grants
Beginning in 2005, PHMSA has used the Federal government-wide, web-
based system Grants.gov for posting and processing all new grants
programs. Grants.gov was established as a governmental resource under
the E-Grants Initiative, part of the President's 2002 Fiscal Year
Management Agenda to improve government services to the public. The
system operates as a central storehouse for the timely and accurate
exchange of information and processing of applications for Federal
grant programs. Organizations and individuals who may be interested in
applying for grants may register on the Grants.gov Web site to receive
e-mail notification of grant postings.
Subject to appropriations, PHMSA will post notice on Grants.gov of
the application deadline and selection criteria for TAG program grants.
The selection criteria will be those established in this Notice, as set
forth below.
PHMSA plans to use a committee of stakeholder representatives to
assist in reviewing and evaluating applications under the TAG selection
criteria. We have used similar multi-stakeholder committees to assist
in reviewing and recommending awards for both Research and Development
and State Damage Prevention Program grants. As with these grants, PHMSA
will publish on our website the names of the individuals and
organizations comprising the review committee and will identify the
applicants selected and the amount of each grant award.
III. TAG Criteria
In keeping with Congressional intent, PHMSA has developed TAG
evaluation criteria to be used to rate and select competing proposals.
Together, these criteria are intended to identify projects that target
high-risk areas; offer well-defined plans; foster open communication
with a local community and/or affected pipeline operators; and produce
results that are measurable and transferable to other communities and/
or technology development.
The evaluation criteria are as follows:
1. The extent to which the Applicant's project scope is focused on
areas where a pipeline failure could pose a significant risk to people
or to unusually sensitive environmental areas;
2. The extent to which the proposed project scope demonstrates an
understanding of the specific concern the Applicant wishes to address,
as well as the range of risks affected pipelines pose to the affected
geographic area and the risks the community poses to the pipelines;
3. The extent to which the proposal demonstrates the Applicant's
experience with and commitment to open communication with affected
operators and to partnerships with other key members of the community;
4. The extent to which the Applicant's project is designed to
improve performance and safety over time in areas such as engineering,
damage prevention, land use, public education, emergency response, and
community awareness;
5. The extent to which the Applicant's project plan establishes
clear goals, objectives, milestones, and estimates of project costs;
6. The extent to which the Applicant has a plan for evaluating and
disseminating results; and
7. The extent to which the Applicant's project scope provides the
potential for learning or technology transfer to other groups and
communities.
IV. Demonstration Grants--Three Pilots
Section 5 of the PIPES Act requires the first three Technical
Assistance Grants to be demonstration grants in amounts not exceeding
$25,000 each. These demonstration grants will be funded out of general
funds and will target a specific community information project--the
Pipelines and Informed Planning Alliance (PIPA), as referenced above.
The PIPA project has brought together a wide range of pipeline safety
and local planning interests for the purpose of developing risk-
informed best practices for land use and community planning. The PIPA
project groups have been working on the development of draft best
practices for roughly ten months and are scheduled to report their
conclusions in early 2009. More information on PIPA can be found on
PHMSA's Web site at http://primis.phmsa.dot.gov/comm/
PIPA.htm?nocache=458.
The PIPA project offers an excellent opportunity to pilot test the
TAG program in the context of an ongoing, previously-authorized
community information project. PHMSA is working closely with the PIPA
Steering Committee to identify communities interested in participating
in the demonstration grants phase of the TAG program. The Steering
Committee has endorsed the concept of asking the pilot communities to
test draft recommended practices currently being developed by the PIPES
task teams. We believe this is a valuable opportunity to advance both
the TAG program and the PIPA project. However, although we anticipate
awarding the three $25,000 grants designated for demonstration projects
under PIPES Act section 5, we expect this amount to cover only a
portion of the draft PIPA recommended practices.
In keeping with the demonstration project scope, PHMSA intends to
streamline the rating process. Because we are limiting the
demonstration grants to a specific community information project, we
will not use the grants.gov system for applications or the full range
of TAG evaluation criteria discussed above in selecting the three
demonstration grant recipients. Instead, PHMSA, in consultation with
the PIPA Steering Committee, will select the three pilot communities
based on the Applicant's interest in pilot testing draft PIPA best
practices. PHMSA and the PIPA Steering Committee will identify
communities interested in focusing on PIPA related topics that are
reflective of the scope and intent of the TAG criteria.
Each demonstration grant recipient will be required to provide a
report to PHMSA demonstrating completion of the work as outlined in the
grant agreement. Further, each recipient of a grant under section 5
must ensure that:
1. The technical findings made possible by the grants are made
available to the relevant operators; and
2. Open communication is maintained between the grant recipients,
local operators, local communities and other interested parties.
In reapportion for the demonstration projects, PHMSA and the PIPA
Steering Committee have identified several potential projects and
topics we may ask communities to investigate, including: Performing an
annual review with pipeline operators having facilities within the
community; mapping pipelines, abandoned pipelines and Consultation
Zones in a geographic information system (GIS); drafting a model
ordinance and reviewing one or more of the proposed PIPA best practices
for legal issues associated with incorporating the best practices into
law; developing educational material for local governments to
distribute to
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developers, landowners and operators about Consultation Zones; or
performing Consultation Zone discussions for several developments now
being planned that are in close proximity to a transmission pipeline.
Issued in Washington, DC, on October 29, 2008.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E8-26506 Filed 11-5-08; 8:45 am]
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