[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66098-66100]
From the Federal Register Online via the Government Publishing 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 
[email protected].

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]
BILLING CODE 4910-60-P