[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR110.30]

[Page 65-67]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 110_HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS
--Table of Contents
 
Sec. 110.30  Grant application.

    (a) General. An applicant for a planning or training grant shall use 
only the standard application forms approved by the Office of Management 
and Budget (OMB) (SF-424 and SF-424A) under the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3502). Applicants are required to submit an original 
and two copies of the application package to: Grants Manager, Research 
and Special Programs Administration, U.S. Department of Transportation, 
400 7th Street, SW., Washington, DC 20590-0001. Applications received on 
or before January 1st and July 1st of each year will be considered in 
that cycle of the semi-annual review and award process. An initial round 
of the review and award process will consider applications received on 
or before November 15, 1992. Requests and continuation applications must 
include an original and two copies of the affected pages; previously 
submitted pages with information that is still current do not have to be 
resubmitted. The application must include the following:
    (1) Application for Federal Assistance for non-construction programs 
(SF-424) and Budget sheets (SF-424A). A single application may be used 
for both planning and training if the budgets for each are entered 
separately on all budget sheets.
    (2) For States, a letter from the Governor designating the State 
agency that is authorized to apply for a grant and to provide the 
written certifications required to receive a grant.
    (3) For Indian tribes, a letter from the tribal government, 
governing body, or tribal council to the effect that the applicant is 
authorized to apply for a grant and to provide the written 
certifications required to receive a grant.
    (4) A written statement explaining whether the State or tribe 
assesses and collects fees on the transportation of hazardous materials 
and whether such assessments or fees are used solely to carry out 
purposes related to the transportation of hazardous materials.
    (5) A statement designating a project manager and providing the 
name, position, address and phone number of that individual who will be 
responsible for coordinating the funded activities with other agencies/
organizations.
    (6) A project narrative statement of the goals and objectives of the 
proposed project, project design, and long range plans. The proposed 
grant project and budget periods may be one or more years.
    (7) A statement of work in support of the proposed project that 
describes and sets priorities for the activities and tasks to be 
conducted, the costs associated with each activity, the number and types 
of deliverables and products

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to be completed, and a schedule for implementation.
    (8) A description of the major items of costs needed to implement 
the statement of work and a copy of any cost or price analysis if 
conducted.
    (9) Drug-Free Workplace Certification. The applicant must certify as 
specified in appendix C of 49 CFR part 29 that it will comply with the 
Drug-Free Workplace Act of 1988 (Pub. L. 100-690, title V, subtitle D; 
51 U.S.C. 701 et seq.).
    (10) Anti-Lobbying Certification. The applicant must certify as 
specified in appendix A of 49 CFR part 20 that no Federal funds will be 
expended to pay any person for influencing or attempting to influence an 
officer or employee of any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress (section 
319 of Pub. L. 101-121, 31 U.S.C. 1352).
    (11) Debarment and Suspension Certification. The applicant must 
certify as specified in subpart G of 49 CFR part 29 that it will not 
make an award or permit any award to any party which is debarred or 
suspended or is otherwise excluded from or ineligible for participation 
in Federal assistance programs.
    (b) Planning. In addition to the requirements specified in paragraph 
(a) of this section, eligible State applicants must include the 
following in their application package:
    (1) A written certification that the State is complying with 
sections 301 and 303 of the Emergency Planning and Community Right-to-
Know Act of 1986, including a brief explanation of how compliance has 
been achieved.
    (2) A written statement specifying the aggregate expenditure of 
funds of the State, exclusive of Federal funds, for each of its last two 
fiscal years for developing, improving, and implementing emergency plans 
under the Emergency Planning and Community Right-to-Know Act of 1986, 
including an explanation specifying the sources of these funds. A 
written certification that the State's aggregate expenditures, as 
defined by the State, of funds for this purpose, exclusive of Federal 
funds, will not fall below the average level of its expenditures for its 
last two fiscal years. The applicant may not claim any of these 
expenditures for cost-sharing.
    (3) A written statement agreeing to make at least 75 percent of the 
Federal funds awarded available to LEPCs and an explanation of how the 
applicant intends to make such funds available to them for developing, 
improving, or implementing emergency plans.
    (4) Designation of a project manager to serve as contact for 
coordinating planning funds under this program.
    (5) A project narrative statement of the goals and objectives of 
each proposed project, including the following:
    (i) A background statement describing the applicant's long-term 
goals and objectives with respect to:
    (A) The current abilities and authorities of the applicant's program 
for preparedness planning;
    (B) The need to sustain or increase program capability;
    (C) Current degree of participation in or intention to assess the 
need for a regional hazardous materials emergency response team; and
    (D) The impact that the grant will have on the program.
    (ii) A discussion of whether the applicant's program currently 
knows, or intends to assess, transportation flow patterns of hazardous 
materials within the State and between that State and another State.
    (iii) A schedule for implementing the proposed grant activities.
    (iv) A statement describing the ways in which planning will be 
monitored by the project manager.
    (v) A statement indicating that all members of the State Emergency 
Response Commission were provided the opportunity to review the grant 
application.
    (c) Training. In addition to the requirements specified in paragraph 
(a) of this section, eligible State and Indian tribe applicants must 
include the following in their application package:
    (1) For a State applicant, a written certification explaining how 
the State is complying with sections 301 and 303 of the Emergency 
Planning and Community Right-to-Know Act.
    (2) A written statement specifying the aggregate expenditure of 
funds of the State or Indian tribe, exclusive of Federal funds, for each 
of its last two

[[Page 67]]

fiscal years for training public sector employees to respond to 
accidents and incidents involving hazardous materials, including an 
explanation specifying the sources of these funds. A written 
certification that the applicant's aggregate expenditure, as defined by 
the State or tribe, of funds for this purpose, exclusive of Federal 
funds, will not fall below the average level of its expenditures for its 
last two fiscal years. The applicant may not claim any of these 
expenditures for cost-sharing purposes.
    (3) For a State applicant, a written statement agreeing to make at 
least 75 percent of the Federal funds awarded available for the purpose 
of training public sector employees employed or used by political 
subdivisions. A State applicant may elect to pass all or some portion of 
the grant on to political subdivisions for this purpose. The applicant 
must include a specific explanation of how it intends to meet this 
requirement.
    (4) Designation of a primary point of contact for coordinating 
training funded under this program. Identification of a single 
repository for copies of course materials delivered under the grant as 
specified in Sec. 110.90 of this part.
    (5) A project narrative statement of the long-range goals and 
objectives of each proposed project, including the following:
    (i) A background statement describing:
    (A) The current hazardous materials training program(s);
    (B) Training audience, including numbers and levels of training and 
accreditation program for each level or criterion required to advance to 
the next level;
    (C) Estimated total number of persons to be trained under the 
proposed project;
    (D) The ways in which training grants will support the integrated 
delivery of training to meet the needs of individualized geographic and 
resource needs and time considerations of local responders. When 
appropriate, a statement describing how the proposed project will 
accommodate the different training needs for rural versus urban 
environments; and
    (E) The impact that the grant and the National Curriculum will have 
on the program.
    (ii) A statement describing how the National Curriculum will be used 
or modified to train public sector employees at the local level to 
respond to accidents and incidents involving hazardous materials.
    (iii) A statement describing the ways in which effectiveness of 
training will be monitored by the project manager, including, but not 
limited to, examinations, critiques, and instructor evaluations.
    (iv) A schedule for implementing the proposed training grant 
activities.
    (v) A statement indicating that all members of the State or Tribal 
Emergency Response Commission were provided the opportunity to review 
the grant application.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 110-3, 59 
FR 49132, Sept. 26, 1994]