49 CFR Part 110 — Hazardous Materials Public Sector Training and Planning Grants

PART 110—HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS Authority: 49 U.S.C. 5101-5128; 49 CFR 1.97. Source: Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, unless otherwise noted. Editorial Note: Nomenclature changes to part 110 appear at 70 FR 56090, Sept. 23, 2005. § 110.1 Purpose. This part sets forth procedures for grants to States, Territories, and Indian tribes to support emergency planning and training to respond to hazardous materials emergencies, particularly those involving transportation. Grants may also be used to enhance the implementation of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq. https://www.phmsa.dot.gov/ [84 FR 3999, Feb. 14, 2019] § 110.5 Scope. (a) This part applies to States, Territories, and Indian tribes and contains the program requirements for public sector grants to support hazardous materials emergency planning and training efforts. (b) The requirements contained in 2 CFR part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” apply to grants issued under this part. (c) Copies of standard forms and OMB circulars referenced in this part are available at https://www.grants.gov/web/grants/forms.html [84 FR 3999, Feb. 14, 2019] § 110.7 Control number under the Paperwork Reduction Act. The Office of Management and Budget control number assigned for the collection of information in § 110.30 is 2137-0586. [87 FR 79765, Dec. 27, 2022] § 110.10 Administering the hazardous materials emergency preparedness grants. This part applies to States, Territories, and Indian tribes. [84 FR 3999, Feb. 14, 2019] § 110.20 Definitions. Unless defined in this part, all terms defined in 49 U.S.C. 5102 are used in their statutory meaning and all terms defined in 2 CFR part 200 with respect to administrative requirements for grants are used as defined therein. Other terms used in this part are defined as follows: Allowable costs Associate Administrator National curriculum Political subdivision Public sector employee [84 FR 3999, Feb. 14, 2019] § 110.30 Hazardous materials emergency preparedness grant application. An application must comply with the applicable Notice of Funding Opportunity that will include or reference forms approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3502). Applicants are required to electronically submit application packages at the OMB designated website. Applications must adhere to the instructions outlined in the Notice of Funding Opportunity and application kit. [84 FR 4000, Feb. 14, 2019] § 110.40 Activities eligible for hazardous materials emergency preparedness grant funding. Eligible applicants may receive funding for the following activities: (a) To develop, improve, and implement emergency plans required under the Emergency Planning and Community Right-to-Know Act of 1986, as well as exercises that test the emergency plan. To enhance emergency plans to include hazard analysis, as well as response procedures for emergencies involving transportation of hazardous materials. (b) To determine commodity flow patterns of hazardous materials within a State, between a State and another State, Territory, or Tribal lands, and develop and maintain a system to keep such information current. (c) To determine the need for regional hazardous materials emergency response teams. (d) To assess local response capabilities. (e) To conduct emergency response drills and exercises associated with emergency preparedness plans. (f) To provide for technical staff to support the planning effort. (g) To train public sector employees to respond to hazardous materials transportation accidents and incidents. (h) To determine the number of public sector employees employed or used by a political subdivision who need the proposed training and to select courses consistent with national consensus standards or the National Curriculum. (i) To deliver comprehensive preparedness and response training to public sector employees, which may include design and delivery of preparedness and response training to meet specialized needs, and financial assistance for trainees and for the trainers, if appropriate, such as tuition, travel expenses to and from a training facility, and room and board while at the training facility. (j) To deliver emergency response drills and exercises associated with training, a course of study, and tests and evaluation of emergency preparedness plans. (k) To pay expenses associated with training by a person (including a department, agency, or instrumentality of a State or political subdivision thereof, a Territory, or an Indian tribe) and activities necessary to monitor such training including, but not limited to examinations, critiques, and instructor evaluations. (l) To maintain staff to manage the training effort designed to result in increased benefits, proficiency, and rapid deployment of local and regional responders. (m) Additional hazardous materials emergency preparedness activities not otherwise described in this section that the Associate Administrator deems appropriate under the grant agreement. [84 FR 4000, Feb. 14, 2019] § 110.50 Disbursement of grant funds. (a) Pre-award costs. (2) A recipient may, at its own risk, incur pre-award costs to cover costs up to 90 days before the beginning date of the initial period of performance. (3) The incurrence of pre-award costs in anticipation of a competitive or non-competitive grant imposes no obligation on PHMSA under any circumstances, including in the event of: (i) The absence of appropriations; (ii) A grant is not subsequently being made; or (iii) A grant being made for a lesser amount than the recipient anticipated. (b) Payments may not be made for activities not approved in the grant agreement. If a recipient seeks additional grant funds, the supplemental amendment request will be evaluated on the basis of needs, performance, and availability of grant funds. An existing grant is not a commitment of future funding. [84 FR 4000, Feb. 14, 2019] § 110.60 Cost sharing. The recipient must provide 20 percent of the direct and indirect costs of all activities approved in the grant agreement with non-Federal funds. [84 FR 4000, Feb. 14, 2019] §§ 110.70-110.90 [Reserved] § 110.100 Enforcement. If a recipient fails to comply with any term of the grant agreement, a noncompliance action may be taken. The recipient will have the opportunity to object and provide information and documentation challenging the suspension or termination action. Costs incurred by the recipient during a suspension or after termination of the grant agreement are not allowable unless the Associate Administrator authorizes it in writing. Grant agreements may also be terminated in whole or in part with the consent of the recipient at any agreed upon effective date, or by the recipient upon written notification. [84 FR 4000, Feb. 14, 2019] § 110.110 Post-award requirements. The Associate Administrator will close out the grant upon determination that all applicable administrative actions and all required work of the grant are complete. The recipient must submit all financial, performance, and other reports required as a condition of the grant within 90 days after the expiration or termination of the grant. This time frame may be extended by the Associate Administrator for cause. [84 FR 4000, Feb. 14, 2019] § 110.120 Deviation from this part. Recipients may request a deviation from the non-statutory provisions of this part. The Associate Administrator will respond to such requests in writing. If appropriate, the decision will be included in the grant agreement. Request for deviations from this part must be submitted electronically to the Grants Chief at HMEP.Grants@dot.gov [84 FR 4000, Feb. 14, 2019] § 110.130 Disputes. Disputes should be resolved at the lowest level possible, beginning with the Grants Management Specialist, the Grants Team Lead, and the Grants Chief. If an agreement cannot be reached, the Associate Administrator will serve as the dispute resolution official, whose decision will be final. [84 FR 4001, Feb. 14, 2019]

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