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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Notices
V.A.2.c. Clarity of action plan. Every grantee must include sufficient information so that all interested parties will be able to understand and comment on the action plan and, if applicable, be able to prepare responsive applications to the grantee.
V.A.2.d. Amending the action plan.
The grantee must amend its action plan to update its electrical power system needs assessment, modify, or create new activities, or reprogram funds. Each amendment must be highlighted, or otherwise identified, within the context of the entire action plan. The beginning of every action plan amendment must include: 1 A section that identifies exactly what content is being added, deleted, or changed; 2 a chart or table that clearly illustrates where funds are coming from and where they are moving to; 3 a revised budget allocation table that reflects the entirety of all funds, as amended; and 4 a description of how the amendment is consistent with a grantees electrical power system needs assessment. Every amendment to the action plan substantial and nonsubstantial must be numbered sequentially and posted on the grantees website. A grantees current version of its entire action plan must be accessible for viewing as a single document at any given point in time, rather than the public or HUD having to view and cross-reference changes among multiple amendments.
1 Substantial amendment. The grantee must provide a 30-day public comment period and reasonable methods including electronic submission for receiving comments on such amendments. In its action plan, each grantee must specify criteria for determining what changes in the grantees plan constitute a substantial amendment to the plan. At a minimum, the following modifications will constitute a substantial amendment: A
change in program benefit or eligibility criteria; the addition or deletion of an activity or of a component of the electrical power system improvements;
or the allocation or reallocation of a monetary threshold specified by the grantee in its action plan. The grantee may substantially amend the action plan if it follows the same procedures required for CDBGDR funds for the preparation and submission of an action plan in this notice, provided, however, that a substantial action plan amendment shall require a 30-day public comment period and does not require public hearings.
2 Non-substantial amendment. The grantee must notify HUD, but is not required to seek public comment, when it makes any plan amendment that is
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not substantial. HUD must be notified at least 5 business days before the amendment becomes effective. The Department will acknowledge receipt of the notification of non-substantial amendments via email within 5
business days. Non-substantial amendments shall be numbered in sequence with other non-substantial and substantial amendments and incorporated into the action plan.
V.A.2.e. Additional consultation requirements. To encourage effective coordination between the grantees and their Federal partners in the planning and implementation of electrical power system improvements, the alternative requirement in paragraph V.A.6.
requires the grantee to comply with the consultation requirements in this section. Each grantee must consult not less than quarterly with the Federal members of the Energy Technical Coordination Team TCT, co-led by FEMA and the U.S. Department of Energy DOE. Such consultation shall be required during the grant period of performance unless HUD notifies the grantee that consultation is no longer required. HUD will provide the grantee with instructions for consultation.
A grantees consultation with the TCT
must include soliciting and considering input from the TCTs Federal members on one or more of the areas defined below:
1 The action plan required by this notice prior to the grantees publication of the plan and on any subsequent substantial amendments to the action plan, including the grantees proposed budget for electrical power system improvements to be funded with CDBG
DR funds as described in section V.A.2.a.2 of this notice;
2 The evaluation of the capacity of any public utility that will receive a subaward or otherwise carry out a portion of the grant and the mitigation of risk associated with the public utilitys use of CDBGDR funds.
Consultation with the TCT Federal members shall occur before entering a subaward or other agreement with the public utility, and shall include: a Providing the TCT Federal members with the grantees assessment of the public utilitys financial and operational capacity; b a request for recommendations for appropriate controls to mitigate the financial management, program, and other risks of noncompliance related to the public utilitys use of Federal funding for electrical power system improvements;
and c a request for the TCTs recommendations for improving the public utilitys operational capacity;

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3 The identification of opportunities to sequence and coordinate permits and approvals necessary to carry out CDBG
DR funded electrical power system improvement activities, including environmental reviews;
4 The technical evaluation of proposed electrical power system improvements using models and other sources of expert assistance available through TCT Federal members; and 5 The implementation of applicable electrical power system industry standards and the commercial availability of system components that the grantee proposes to fund.
HUD may engage with the individual federal agencies in the TCT to provide additional technical support for grantee electrical power system improvements, as needed. Notwithstanding the consultation and advisory roles that may be provided by FEMA and DOE as co-agency TCT leads, the Department of the Treasury as financial lead, and other federal partner agencies, each federal agency shall retain the authorities and responsibilities provided to that agency pursuant to federal laws and regulations.
V.A.2.f. Waiver of 45-day review period for action plan and substantial action plan amendments. The Department recognizes the unique purposes and complex requirements of this CDBGDR allocation for electrical power system improvements and that these funds represent an opportunity for grantees to use this assistance in areas impacted by the 2017 disasters. While HUD may disapprove an action plan or substantial action plan amendment if it is substantially incomplete or for other reasons identified in 24 CFR 91.500, HUD works with grantees to resolve or provide additional information during the review period to avoid the need to disapprove an action plan or substantial action plan amendments. There are often many issues related to the action plan or substantial action plan amendments that can be fully resolved via further discussion and revision during an extended review period, rather than through HUDs disapproval of the action plan or amendments, which in turn would require grantees to take additional time to revise and resubmit their action plan or respective amendments and delay recovery. As such, the Secretary has determined that good cause exists and waives 24 CFR
91.500a to extend HUDs review period for action plan and substantial amendments from 45 days to 60 days.
V.A.2.g. Projection of expenditures and outcomes. Each grantee must submit projected expenditures and outcomes as part of the action plan. The
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