[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66677-66679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24085]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Middle Mile Grant Program

AGENCY: National Telecommunications and Information Administration 
(NTIA), Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, following the Paperwork Reduction 
Act of 1995 (PRA), invites the public and other Federal agencies to 
comment on proposed and continuing information collections, which helps 
us assess the impact of our information collection requirements and 
minimize the public's reporting burden. This Notice of Information 
Collection is for the Middle Mile Grant Program Bi-Annual Performance 
Reporting and Final Report. The purpose of this notice is to allow for 
60 days of public comment preceding the submission of the collection to 
OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before January 3, 2023.

ADDRESSES: Interested persons are invited to submit written comments by 
mail to Arica Cox, Telecommunications Policy Analyst, Grants 
Management, Administration, and Compliance, Office of internet 
Connectivity and Growth, National Telecommunication and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Room 4626, Washington, DC 20230, or by email to 
[email protected]. Please reference Middle Mile Grant Program Data 
Collection in the subject line of your comments. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
Arica Cox, Telecommunications Policy Analyst, Grants Management, 
Administration, and Compliance, Office of internet Connectivity and 
Growth, National Telecommunication and Information Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Room 4626, 
Washington, DC 20230, or email at [email protected]; [email protected]; 
or via telephone at (202) 209-3011.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Enabling Middle Mile Grant Program, authorized by Section 60401 
of the Infrastructure Investment and Jobs Act of 2021, Public Law 117-
58, 135 Stat. 429 (November 15, 2021) (Infrastructure Act or Act), 
provides funding for the construction, improvement, or acquisition of 
middle mile infrastructure. The Middle Mile Grant Program will make up 
to $980,000,000 available for federal assistance to the following 
eligible entities: a State, political subdivision of a State, Tribal 
government, technology company, electric utility, utility cooperative, 
public utility district, telecommunications company, telecommunications 
cooperative, nonprofit foundation, nonprofit corporation, nonprofit 
institution, nonprofit association, regional planning council, Native 
entity, economic development authority, or any partnership of two (2) 
or more of these entities. The purpose of the grant program is to 
expand and extend middle mile infrastructure to reduce the cost of 
connecting areas that are unserved or underserved to the internet 
backbone.
    On May 13, 2022, NTIA published the program's Notice of Funding 
Opportunity (NOFO) on internetforAll.gov to describe the requirements 
under which it will award grants for the Middle Mile Grant Program.\1\ 
The NOFO requires award recipients to submit bi-annual performance 
reports, financial reports, and a final report as a part of the grant 
close-out process. Award recipients must follow the reporting 
requirements described in Section A.01, Reporting Requirement, of the 
Department of Commerce Financial Assistance Standard Terms and 
Conditions (dated November 12, 2020). Additionally, in accordance with 
2 CFR part 170, all

[[Page 66678]]

recipients of a federal award made on or after October 1, 2010, must 
comply with reporting requirements under the Federal Funding 
Accountability and Transparency Act of 2006 (Pub. L. 109-282).
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    \1\ See Enabling Middle Mile Broadband Infrastructure Program 
Notice of Funding Opportunity (NOFO) (May 13, 2022), https://www.internetforall.gov/program/enabling-middle-mile-broadband-infrastructure-program.
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    NTIA will use the information collected from each award recipient 
to effectively administer and monitor the grant program to ensure the 
achievement of the Middle Mile Grant Program purposes and account for 
the expenditure of federal funds to deter waste, fraud, and abuse.

II. Method of Collection

Middle Mile Grant Program

    Award recipients will submit financial and performance reports on a 
bi-annual basis for the periods ending March 31st and September 30th of 
each year, and an annual report no later than one year after receiving 
grant funds and yearly thereafter until they have expended all funds. 
NTIA will collect data through electronic submission.
    Reports will be due within 30 days after the end of the reporting 
period until the funds have been expended and are submitted to the 
Assistant Secretary. NTIA may consider collecting data through 
electronic submission. The report shall discuss the six-month period 
immediately preceding the report date, in a manner that:
    (1) Describes how the eligible entity expended the funds and 
includes an SF-425 form and all required financial reporting 
information.
    (2) Certifies that the eligible entity complied with the 
requirements of the Infrastructure Act and the Middle Mile Grant 
Program, including:
    a. A description of each service provided with the grant funds; and
    b. Information regarding the middle mile infrastructure 
constructed, improved, or acquired, including material describing 
specific routes deployed, splice points and interconnection points 
along such routes, interconnection points, any interconnection or 
wholesale agreements in place with third parties, and connections to 
last-mile infrastructure.
    (3) Describes whether the project prioritizes local hires.
    (4) Describes whether the project proposes use of a Community 
Benefit Agreement, with a description of any such agreement.
    (5) Identifies each subrecipient that received a subaward or 
subcontract from the eligible entity and provides a description of the 
specific project for which grant funds were provided.
    (6) Includes technical progress reporting information as prescribed 
in 2 CFR 200.329 (https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D#200.328) and Department of Commerce 
Financial Assistance Standard Terms and Conditions (dated November 12, 
2020), Section A.01.
    For projects over $5,000,000 (based on expected total cost):
    (1) A recipient may provide a certification that, for the relevant 
project, all laborers and mechanics employed by contractors and 
subcontractors in the performance of such project are paid wages at 
rates not less than those prevailing, as determined by the U.S. 
Secretary of Labor in accordance with subchapter IV of chapter 31 of 
title 40, United States Code (commonly known as the ``Davis-Bacon 
Act''), for the corresponding classes of laborers and mechanics 
employed on projects of a character similar to the contract work in the 
civil subdivision of the State (or the District of Columbia) in which 
the work is to be performed, or by the appropriate State entity 
pursuant to a corollary State prevailing-wage-in-construction law 
(commonly known as ``baby Davis-Bacon Acts''). If such certification is 
not provided, an awardee must provide a project employment and local 
impact report detailing:
    a. The number of contractors and sub-contractors working on the 
Project;
    b. The number of workers on the Project hired directly and hired 
through a third party;
    c. The wages and benefits of workers on the Project by 
classification; and
    d. Whether those wages are at rates less than those prevailing.\2\
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    \2\ As determined by the U.S. Secretary of Labor in accordance 
with subchapter IV of chapter 31 of title 40, United States Code 
(commonly known as the ``Davis-Bacon Act''), for the corresponding 
classes of laborers and mechanics employed on projects of a 
character similar to the contract work in the civil subdivision of 
the State (or the District of Columbia) in which the work is to be 
performed.
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    (2) If a recipient has not provided a certification that a project 
either will use a unionized project workforce or includes a project 
labor agreement, meaning a pre-hire collective bargaining agreement 
consistent with section 8(f) of the National Labor Relations Act (29 
U.S.C. 158(f)), then the recipient must provide a project workforce 
continuity plan, detailing:
    a. Steps taken and to be taken to ensure the project has ready 
access to a sufficient supply of appropriately skilled and unskilled 
labor to ensure construction is completed in a competent manner 
throughout the life of the project (as required in Section III.B), 
including a description of any required professional certifications 
and/or in-house training, registered apprenticeships or labor-
management partnership training programs, and partnerships with 
entities like unions, community colleges, or community based groups;
    b. Steps taken and to be taken to minimize risks of labor disputes 
and disruptions that would jeopardize timeliness and cost-effectiveness 
of the project;
    c. Steps taken and to be taken to ensure a safe and healthy 
workplace that avoids delays and costs associated with workplace 
illnesses, injuries, and fatalities, including descriptions of safety 
training, certification, and/or licensure requirements for all relevant 
workers (e.g., OSHA 10, OSHA 30, confined space, traffic control, or 
other training required of workers employed by contractors), including 
issues raised by workplace safety committees and their resolution;
    d. The name of any subcontracted entity performing work on the 
project and the total number of workers employed by each such entity, 
disaggregated by job title; and
    e. Steps taken and to be taken to ensure that workers on the 
project receive wages and benefits sufficient to secure an 
appropriately skilled workforce in the context of the local or regional 
labor market.
    Recipients must maintain sufficient records to substantiate all 
information above upon request.

III. Data

    OMB Control Number: 0660-XXXX.
    Form Number(s): TBD.
    Type of Review: New information collection.
    Affected Public: Recipients of funding under the Middle Mile Grant 
Program. Recipients might include States, political subdivisions of a 
State, Tribal governments, technology companies, electric utilities, 
utility cooperatives, public utility districts, telecommunications 
companies, telecommunication cooperatives, nonprofit foundations, 
nonprofit corporations, nonprofit institutions, nonprofit associations, 
regional planning councils, Native entities, economic development 
authorities, or partnerships of two (2) or more of these entities.
    Estimated Number of Respondents: 75.
    Estimated Time Per Response: 33.22.
    Estimated Total Annual Burden Hours: 7,474.5.
    Estimated Total Annual Cost to Public: $356,757.89.
    Respondent's Obligation: Mandatory.

[[Page 66679]]

    Legal Authority: Section 60401of the Infrastructure Investment and 
Jobs Act of 2021, Public Law 117-58, 135 Stat. 429 (November 15, 2021)

IV. Request for Comments

    We are soliciting public comments to permit the Department to:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility.
    (2) Evaluate the accuracy of our estimate of the time and cost 
burden for this proposed collection, including the validity of the 
methodology and assumptions used.
    (3) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected.
    (4) Minimize the reporting burden on those who are to respond, 
including the use of automated collection techniques or other forms of 
information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you may ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-24085 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-60-P