Public Safety Interoperable Communications (PSIC) Grant Program, 40120-40123 [07-3569]
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Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Notices
Comments submitted by email must be sent to the following
address: FRNpermits.SR@noaa.gov. The
application and related documents are
available for review by appointment, for
Permit 10017: Protected Resources
Division, NMFS, 777 Sonoma Avenue,
Room 315, Santa Rosa, CA 95404 (ph:
707–575–6097, fax: 707–578–3435).
FOR FURTHER INFORMATION CONTACT:
Jeffrey Jahn at phone number 707–575–
6097, or e-mail: Jeffrey.Jahn@noaa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Authority
Issuance of permits and permit
modifications, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531–1543) (ESA), is based on a
finding that such permits/modifications:
(1) are applied for in good faith; (2)
would not operate to the disadvantage
of the listed species which are the
subject of the permits; and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA. Authority to take listed species is
subject to conditions set forth in the
permits. Permits and modifications are
issued in accordance with and are
subject to the ESA and NMFS
regulations governing listed fish and
wildlife permits (50 CFR parts 222–226).
Those individuals requesting a
hearing on an application listed in this
notice should set out the specific
reasons why a hearing on that
application would be appropriate (see
ADDRESSES). The holding of such a
hearing is at the discretion of the
Assistant Administrator for Fisheries,
NOAA. All statements and opinions
contained in the permit action
summaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
CDPR requests authorization for an
estimated annual non-lethal take of 12
adult Central California Coast coho
salmon and 75 adult Central California
Coast steelhead, with no more than a
single (1) individual adult Central
California Coast steelhead unintentional
mortality to result from capture (by
seine, weir-trap, or dip-net),
anesthetizing, handling, fin-clipping,
scale-sampling, passive integrated
transponder (PIT)-tagging, visible
implant elastomer (VIE)-tagging, and
release of fish. CDPR requests
authorization for an estimated annual
non-lethal take of 40 juvenile Central
California Coast coho salmon, with no
more than 5 percent unintentional
mortality to result from capture (by
seine, fyke-net trap, electrofishing, or
dip-net), handling, and release of fish;
and an estimated annual non-lethal take
of 1,520 juvenile Central California
Coast steelhead, with no more than 7
percent unintentional mortality to result
from capture (by seine, fyke-net trap,
electrofishing, or dip-net), anesthetizing,
handling, fin-clipping, scale-sampling,
PIT-tagging, VIE-tagging, and release of
fish. In the event of any future fish dieoff events in Pescadero Lagoon, CDPR
also requests authorization for an
estimated annual take of 5 juvenile
Central California Coast steelhead
carcasses (previously dead individuals)
and an estimated annual lethal-take of 5
sick or injured juvenile Central
California Coast steelhead to be lethally
sacrificed for pathology analysis.
Dated: July 13, 2007.
Ann Garrett,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. E7–14116 Filed 7–20–07; 8:45 am]
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Species Covered in This Notice
This notice is relevant to federally
endangered Central California Coast
coho salmon (Oncorhynchus kisutch)
and threatened Central California Coast
steelhead (O. mykiss).
BILLING CODE 3510–22–S
Application Received
CDPR requests a 5–year permit
(10017) for take of adult and juvenile
Central California Coast coho salmon
and Central California Coast steelhead
to assess salmonid population
distribution, abundance, and habitat in
San Gregorio Creek, Pomponio Creek,
and Pescadero Creek watersheds in San
Mateo County, California. The research
particularly seeks to identify the cause
of annual fish die-off events in
Pescadero Lagoon and recommend
habitat restoration actions to prevent
future fish die-off events from occurring.
Public Safety Interoperable
Communications (PSIC) Grant
Program
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DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
National Telecommunications
and Information Administration,
Commerce.
ACTION: Notice of Availability of Funds.
AGENCY:
SUMMARY: The Deficit Reduction Act of
2005, Title III of the Deficit Reduction
Act of 2005, directed the National
Telecommunications and Information
Administration (NTIA), in consultation
with the Department of Homeland
Security (DHS), to establish and
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implement a $1 billion grant program to
assist public safety agencies in the
acquisition of, deployment of, or
training for the use of interoperable
communications systems that utilize, or
enable interoperability with
communications systems that can
utilize, reallocated public safety
spectrum for radio communications.
The Public Safety Interoperable
Communications (PSIC) Grant Program
is a one-time formula-based, matching
grant program intended to enhance
interoperable communications with
respect to voice, data, and/or video
signals. PSIC provides public safety
agencies with the opportunity to
achieve meaningful and measurable
improvements to the state of public
safety communications interoperability
through the full and efficient use of
telecommunications resources.
DATES: This final rule is effective on July
23, 2007. Each State and Territory must
submit its application and narrative no
later than 11:59 p.m. Eastern Daylight
Time 30 days after publication in the
Federal Register. Failure to properly
register and apply for PSIC funds by the
deadlines will result in forfeiture of the
grant opportunity. Applications
submitted by facsimile are not
acceptable.
ADDRESSES: To ensure a successful
submission, a State Administrative
Agency (SAA) must apply for PSIC
Grant Program funding through the
online Grants.gov system through the
Authorized Organization Representative
(AOR). Instructions to initiate the
registration process is available on the
Grants.gov website (www.grants.gov).
Application forms and instructions are
available at Grants.gov. The application
package must be submitted through that
Grants.gov. The program title listed in
the CDFA is ‘‘PSIC Grant Program.’’ The
CDFA number is 11.555.
FOR FURTHER INFORMATION CONTACT:
Laura Pettus, Program Specialist, Public
Safety Interoperable Communications,
telephone: (202) 482–5802; fax: (202)
482–2156. Information about the PSIC
can also be obtained electronically via
the Internet at www.ntia.doc.gov/psic.
SUPPLEMENTARY INFORMATION:
Electronic Access
The full funding opportunity
announcement for the PSIC grant cycle
is available through www.grants.gov or
by contacting the PSIC website at:
www.ntia.doc.gov/psic.
Program Information
The PSIC Grant Program will assist
public safety agencies in the acquisition
of, deployment of, or training for the use
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Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Notices
of interoperable communications
systems that utilize—or enable
interoperability with communications
systems that can utilize—reallocated
public safety spectrum in the 700
Megahertz (MHz) frequency band. While
some regions may not be able to access
the 700 MHz frequency band until 2009,
public safety agencies are still eligible
for funding to help meet their
interoperability needs so long as the
proposed solutions are designed to
interoperate with the 700 MHz band in
the future. NTIA is seeking solutions
from public safety agencies that (1)
Achieve meaningful and measurable
improvements in the state of
interoperability for public safety
communications and (2) fill
interoperability gaps identified in the
Statewide Plans.
NTIA recognizes that many solutions
exist to achieve interoperability, and the
PSIC Grant Program will not dictate a
specific technology solution for public
safety agencies. However, NTIA has
identified the following technology and
all hazards related priorities that States
and Territories must consider when
selecting projects for PSIC funding:
1. Technology
a. Adopt advanced technological
solutions
b. Improve spectrum efficiency
c. Use cost-effective measures
2. All Hazards Mitigation
a. Improve communications in areas
at high risk for natural disasters
b. Continue to improve
interoperability efforts in urban and
metropolitan areas at high risk for
threats of terrorism
Funding Availability
The PSIC Grant Program will make
$968,385,000 available in grant awards.
The table below identifies available
PSIC funding for each State and
Territory:
Table 1 - PSIC State/Territory
Allocation
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State/Territory
Alabama ................................
Alaska ...................................
American Samoa ..................
Arizona ..................................
Arkansas ...............................
California ...............................
Colorado ...............................
Connecticut ...........................
Delaware ...............................
District of Columbia ..............
Florida ...................................
Georgia .................................
Guam ....................................
Hawaii ...................................
Idaho .....................................
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PSIC Funding
$13,585,399
$7,250,345
$691,948
$17,713,050
$11,169,402
$94,034,510
$14,336,638
$12,999,879
$8,196,842
$11,857,972
$42,888,266
$25,311,354
$2,600,678
$8,069,879
$7,289,795
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eligible pass-through recipients. A
recipient must be a public safety agency
that is a State, local, or tribal
State/Territory
PSIC Funding government entity or nongovernmental
organization authorized by such entity,
Illinois ....................................
$36,414,263 whose sole or principal purpose is to
Indiana ..................................
$18,291,735 protect safety of life, health, or property.
Table 1 - PSIC State/Territory
Allocation—Continued
Iowa ......................................
Kansas ..................................
Kentucky ...............................
Louisiana ..............................
Maine ....................................
Maryland ...............................
Massachusetts ......................
Michigan ...............................
Minnesota .............................
Mississippi ............................
Missouri ................................
Montana ................................
Nebraska ..............................
Nevada .................................
New Hampshire ....................
New Jersey ...........................
New Mexico ..........................
New York ..............................
North Carolina ......................
North Dakota ........................
Northern Mariana Islands .....
Ohio ......................................
Oklahoma .............................
Oregon ..................................
Pennsylvania ........................
Puerto Rico ...........................
Rhode Island ........................
South Carolina ......................
South Dakota ........................
Tennessee ............................
Texas ....................................
U.S. Virgin Islands ................
Utah ......................................
Vermont ................................
Virginia ..................................
Washington ...........................
West Virginia ........................
Wisconsin .............................
Wyoming ...............................
Total .....................................
$10,935,974
$10,667,169
$15,405,625
$19,672,287
$7,567,579
$22,934,593
$21,191,988
$25,039,781
$14,262,071
$10,989,345
$17,465,576
$6,549,685
$8,582,108
$12,042,417
$5,966,760
$30,806,646
$8,288,725
$60,734,783
$22,130,199
$7,052,490
$719,236
$29,377,337
$11,684,183
$12,182,532
$34,190,555
$9,590,025
$7,365,694
$13,499,308
$6,549,691
$17,540,752
$65,069,247
$856,907
$10,353,261
$4,476,761
$25,012,521
$19,180,347
$8,429,484
$15,367,216
$5,952,187
$968,385,000
Statutory and Regulatory Authority
PSIC grants are authorized by Section
3006 of the Deficit Reduction Act of
2005, Pub. L. No. 109–171, and Section
4 of the Call Home Act of 2006, Pub. L.
No. 109–459.
Catalog of Domestic Federal Assistance
11.555, Public Safety Interoperable
Communications Grant Program
Eligibility
To apply for and receive a PSIC grant,
an applicant must be one of the 56
States and Territories. The Governor of
each State has designated a State
Administrative Agent (SAA), which can
apply for and administer the funds
under the PSIC Grant Program. The SAA
is the only agency eligible to apply for
PSIC funds. Additionally, the SAA is
the grantee in the management and
administration of all funds provided
through this award. The SAA is
responsible for obligating PSIC funds to
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Evaluation Criteria
Eligible applicants must follow the
three steps to apply for PSIC funds:
submit an application and brief
narrative, submit a Statewide
Communications Interoperability Plan
(Statewide Plan), and submit Investment
Justification(s). The first step includes
submitting an application on
Grants.gov. NTIA and DHS program
staff will review each application for
completeness and adherence to PSIC
program rules. Applications will be
approved by the Assistant Secretary for
Communications and Information,
Department of Commerce, and PSIC
funds will be awarded no later than
September 30, 2007. The second step
includes submitting a Statewide Plan, as
required by Section I.C.5 of the 2006
Homeland Security Grant Program
Guidance and Application Kit. Each
State and Territory must submit its final
Statewide Plan by November 1, 2007.
The Statewide Plan will be reviewed by
peer and subject matter expert groups
and approved by the Department of
Homeland Security. NTIA will also
review each Statewide Plan to ensure
that States and Territories address the
three PSIC requirements set forth below.
The third step includes submitting
Investment Justification(s), which must
be submitted by November 1, 2007. The
Investment Justifications are to be
submitted in conjunction with final
Statewide Plans to the National
Preparedness Directorate (NPD) Secure
Portal at https://odp.esportals.com. The
Investment Justification(s) will also be
reviewed by peer and subject matter
expert groups as well as NTIA and DHS
program staff. Based on the
recommendations of the peer and
subject matter expert groups and NTIA
and DHS program staff, the Assistant
Secretary for Communications and
Information, will approve Investment
Justifications. If the peer review and
subject matter groups include any nonfederal employees no consensus advice
will be provided by the groups. The
applications and Investment
Justification(s) are information
collections subject to the Paperwork
Reduction Act, and have been approved
by the Office of Management and
Budget under their respective OMB
control numbers. See heading entitled
Paperwork Reduction Act below.
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Funding Priorities and Selection
Factors
NTIA recognizes that many solutions
exist to achieve interoperability, and the
PSIC Grant Program will not dictate the
technology or approach for public safety
agencies. However, NTIA has identified
that when selecting projects for PSIC
funding States and Territories must
consider: (1) Technology, including
adoption of advanced technological
solutions, improved spectrum
efficiency, and cost effective measures;
and (2) solutions that support
capabilities in response to all hazards
approach regardless of their source or
cause, including improving
communications in areas at high risk for
natural disasters and in urban and
metropolitan areas at high risk for
threats of terrorism.
In addition, NTIA will review each
Statewide Plan to ensure that States and
Territories address the following three
PSIC requirements: How public safety
agencies will acquire, deploy, and train
on communications systems that use—
or enable interoperability with
communications systems that use—the
public safety spectrum in the 700
megahertz frequency band; how local
and tribal government entities’
interoperable communications needs
have been included in the planning
process and how their needs are being
addressed, if applicable; and how
authorized nongovernmental
organizations’ interoperable
communications needs have been
included in the planning process and
how their needs are being addressed, if
applicable.
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Cost Sharing Requirements
The PSIC Grant Program requires cost
sharing. By statute, each public safety
agency receiving PSIC funds is required
to meet and document the 20 percent
statutory match requirement for each
project. The SAA is required to track
and report the 20 percent match
requirement for each individual project
that receives PSIC funds for efforts other
than training, which do not require any
match. The match requirements can be
met through cash or in-kind sources
consistent with 15 CFR §§ 24.3, 24.24.
This documentation must demonstrate
that match funds are from non-federal
sources. As provided in 48 U.S.C.
§ 1469a, the matching requirement does
not apply to the first $200,000 in grant
funds awarded to the Territorial
governments in Guam, American
Samoa, the U.S. Virgin Islands, and the
Commonwealth of the Northern Mariana
Islands. Training activities are excluded
from this match requirement; however,
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training activities can make up no more
than 20 percent of a State’s or
Territory’s total investments.
Intergovernmental Review
This program is subject to the
provisions of Executive Order 12372,
which requires intergovernmental
consultation with State and local
officials. See 7 CFR Part 3015, subpart
V.
Universal Identifier
The SAA must provide a Dun and
Bradstreet (D&B) Data Universal
Numbering System (DUNS) number
with the PSIC application. This number
is a required field within Grants.gov and
for CCR Registration. Organizations
should verify that they have a DUNS
number or take the steps necessary to
obtain one as soon as possible.
(Applicants can receive a DUNS number
at no cost by calling the dedicated tollfree DUNS Number request line at 1–
800–333–0505 or via the Internet
(www.dunandbradstreet.com).
Limitation of Liability
In no event will the Department of
Commerce be responsible for proposal
preparation costs if this program fails to
receive funding or is cancelled because
of other agency priorities. Publication of
this announcement does not obligate the
agency to award any specific project or
to obligate any available funds.
Paperwork Reduction Act
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act (PRA), unless that
collection displays a currently valid
Office of Management and Budget
(OMB) control number. The use of
Standard Forms 424, 424A, 424B, 424D,
and SF-LLL has been approved by OMB
under the respective control numbers
0348–0043, 0348–0044, 0348–0040,
0348–0042, and 0348–0046. The
Investment Justification is an element
required under Standard Form 424A
and has been approved by OMB under
control number 0348–0044.
Executive Order 12866
This rule has been determined to be
Economically Significant under
Executive Order 12866. NTIA was
directed by the Deficit Reduction Act of
2005 to implement the PSIC Grant
Program. The Act authorized NTIA to
implement a grant program to assist
public safety agencies in the acquisition
of, deployment of, or training for the use
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of interoperable communications
systems that utilize reallocated public
safety spectrum for radio
communications. The PSIC Grant
Program will make $968,385,000 (2007)
available in grant awards. This is a onetime transfer program where funds will
be awarded no later than September 30,
2007.
Executive Order 13132, Federalism
It has been determined that this notice
does not contain policies with
Federalism implications as that term is
defined in Executive Order 13132.
Administrative Procedure Act/
Regulatory Flexibility Act
Prior notice and opportunity for
public comment are not required by the
Administrative Procedure Act or any
other law for this rule concerning
grants, benefits, and contracts (5 U.S.C.
§ 553(a)(2)). Because notice and
opportunity for comment are not
required pursuant to 5 U.S.C. § 553 or
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. § 601 et seq.)
are inapplicable. Therefore, a regulatory
flexibility analysis has not been
prepared.
Congressional Review of Agency
Rulemaking
NTIA has submitted this final rule to
the Congress and the Government
Accountability Office under the
Congressional Review of Agency
Rulemaking Act, 5 U.S.C. § 801 et seq.
The rule is a ‘‘major rule’’ within the
meaning of the Act because it will result
in an annual effect on the economy of
$100,000,000 or more. The rule sets out
the administrative procedures for
making grants to State, local, tribal and
other public safety agencies to improve
their communications interoperability
in response to manmade and natural
disasters. NTIA will award
$968,385,000 available in grants under
this program.
NTIA serves as the President’
principal adviser on
telecommunications and information
policies and its mission includes
assisting the Executive Branch in the
development of policies and standards
related to interoperability, spectrum
use, and emergency readiness.1
Improving public safety interoperable
communications for our nation’s first
responders has increasingly become a
national priority in the wake of
terrorism incidents, including 9/11, and
1 See
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47 U.S.C. § 902(b)(2)(D),(H).
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Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Notices
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natural disasters such as Hurricane
Katrina.2
Consistent with that objective,
Congress enacted and the President
signed into law on February 8, 2006, the
Digital Television and Public Safety Act
of 2005, Title III of the Deficit Reduction
Act of 2005. Among other things, this
statute makes available analog television
spectrum available for new
communications services, including
public safety interoperable
communications in the 700 MHz band,
by terminating television licenses in
these frequencies on February 17, 2009.
In addition, the Act requires the
returned analog television spectrum be
auctioned and the proceeds used to
fund various new programs to promote
the digital television transition, to
improve public safety interoperable
communications, and to reduce the
deficit.
Specifically, Section 3006 of the Act
directs NTIA to establish and
implement a $1 billion grant program to
assist public safety agencies in the
acquisition of, deployment of, or
training for the use of interoperable
communications systems that utilize, or
enable interoperability with
communications systems that can
utilize, reallocated public safety
spectrum for radio communications in
the 700 MHz band. To spur the rapid
distribution of these grant funds to our
nation’s first responders, the Act
authorizes NTIA to borrow the funds
needed for the grants as of October 1,
2006, well in advance of the receipt of
auction proceeds. To further ensure the
swift award of these grants to public
safety agencies, Congress subsequently
enacted and the President signed into
law on December 22, 2006, the Call
Home Act of 2006. Section 4 of this
statute requires NTIA to make grant
awards no later than September 30,
2007.
A 60–day delay in implementing this
final rule would hamper NTIA’s mission
to improve public safety interoperable
communications and be contrary to
clear Congressional intent as expressed
in Section 3006 of the Deficit Reduction
2 See e.g., The 9/11 Commission Report, at 397
(July 2004); Public Safety Communications from 9/
11 to Katrina: Critical Public Policy Lessons, 109th
Cong. 1–4 (Sept. 29, 2005) (statement of
Representative Fred Upton, Chairman,
Subcommittee on Telecommunications and the
Internet, House Committee on Energy and
Commerce); Communications Interoperability Session I, 109th Cong. (Sept 29, 2005) (statement of
Senator Ted Stevens, Chairman, Committee on
Commerce, Science, and Transportation, at https://
commerce.senate.gov/public/index.cfm?
FuseAction=Hearings.
Statement&StatementlID=126); The Federal
Response to Hurricane Katrina Lesson Learned, at
44 (Feb. 2006).
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Act and Section 4 of the Call Home Act.
If NTIA is not able to implement this
program and make awards under this
program before September 30, 2007, the
$1 billion may not be available after
September 30, 2007 for NTIA to fulfill
its statutory mandate. In order for NTIA
to comply with this statutory mandate,
eligible entities must submit
applications no later than 30 days after
publication in the Federal Register.
Thus, in compliance with section 808(2)
of the Congressional Review of Agency
Rulemaking Act, 5 U.S.C. § 808(2), for
good cause, NTIA finds that notice and
public comment on this final rule is
impracticable and contrary to the public
interest. Accordingly, this final rule is
effective on July 23, 2007.
Dated: July 18, 2007.
John M.R. Kneuer,
Assistant Secretary for Communications and
Information.
[FR Doc. 07–3569 Filed 7–20–07; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0135]
Submission for OMB Review;
Prospective Subcontractor Requests
for Bonds
AGENCIES: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance (9000–0135).
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Federal
Acquisition Regulation (FAR)
Secretariat has submitted to the Office
of Management and Budget (OMB) a
request to review and approve an
extension of a currently approved
information collection requirement
concerning Subcontractor Payments. A
request for public comments was
published in the Federal Register at 72
FR 19187, April 17, 2007. No comments
were received.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
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40123
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Comments may be submitted on
or before August 22, 2007.
ADDRESSES: Comments including
suggestions for reducing this burden
should be submitted to: FAR Desk
Officer, OMB, Room 10102, NEOB,
Washington, DC 20503, and a copy to
the General Services Administration,
FAR Secretariat (VIR), 1800 F Street,
NW, Room 4035, Washington, DC
20405.
FOR FURTHER INFORMATION CONTACT Ms.
Cecelia Davis, Contract Policy Division,
GSA (202) 219–0202.
SUPPLEMENTARY INFORMATION:
A. Purpose
Part 28 of the FAR contains guidance
related to obtaining financial protection
against damages under Government
contracts (e.g., use of bonds, bid
guarantees, insurance etc.). Part 52
contains the texts of solicitation
provisions and contract clauses. These
regulations implement a statutory
requirement for information to be
provided by Federal contractors relating
to payment bonds furnished under
construction contracts which are subject
to the Miller Act (40 USC 270a–270d).
This collection requirement is mandated
by Section 806 of the National Defense
Authorization Act for Fiscal Years 1992
and 1993 (P.L. 102–190), as amended by
Section 2091 of the Federal Acquisition
Streamlining Act of 1994 (P.L. 103–335).
The clause at 52.228–12, Prospective
Subcontractor Requests for Bonds,
implements Section 806(a)(3) of P.L.
102–190, as amended, which specifies
that, upon the request of a prospective
subcontractor or supplier offering to
furnish labor or material for the
performance of a construction contract
for which a payment bond has been
furnished to the United States pursuant
to the Miller Act, the contractor shall
promptly provide a copy of such
payment bond to the requestor.
In conjunction with performance
bonds, payment bonds are used in
Government construction contracts to
secure fulfillment of the contractor’s
obligations under the contract and to
assure that the contractor makes all
payments, as required by law, to
persons furnishing labor or material in
E:\FR\FM\23JYN1.SGM
23JYN1
]]>Agencies
[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Notices]
[Pages 40120-40123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3569]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
Public Safety Interoperable Communications (PSIC) Grant Program
AGENCY: National Telecommunications and Information Administration,
Commerce.
ACTION: Notice of Availability of Funds.
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SUMMARY: The Deficit Reduction Act of 2005, Title III of the Deficit
Reduction Act of 2005, directed the National Telecommunications and
Information Administration (NTIA), in consultation with the Department
of Homeland Security (DHS), to establish and implement a $1 billion
grant program to assist public safety agencies in the acquisition of,
deployment of, or training for the use of interoperable communications
systems that utilize, or enable interoperability with communications
systems that can utilize, reallocated public safety spectrum for radio
communications.
The Public Safety Interoperable Communications (PSIC) Grant Program
is a one-time formula-based, matching grant program intended to enhance
interoperable communications with respect to voice, data, and/or video
signals. PSIC provides public safety agencies with the opportunity to
achieve meaningful and measurable improvements to the state of public
safety communications interoperability through the full and efficient
use of telecommunications resources.
DATES: This final rule is effective on July 23, 2007. Each State and
Territory must submit its application and narrative no later than 11:59
p.m. Eastern Daylight Time 30 days after publication in the Federal
Register. Failure to properly register and apply for PSIC funds by the
deadlines will result in forfeiture of the grant opportunity.
Applications submitted by facsimile are not acceptable.
ADDRESSES: To ensure a successful submission, a State Administrative
Agency (SAA) must apply for PSIC Grant Program funding through the
online Grants.gov system through the Authorized Organization
Representative (AOR). Instructions to initiate the registration process
is available on the Grants.gov website (www.grants.gov). Application
forms and instructions are available at Grants.gov. The application
package must be submitted through that Grants.gov. The program title
listed in the CDFA is ``PSIC Grant Program.'' The CDFA number is
11.555.
FOR FURTHER INFORMATION CONTACT: Laura Pettus, Program Specialist,
Public Safety Interoperable Communications, telephone: (202) 482-5802;
fax: (202) 482-2156. Information about the PSIC can also be obtained
electronically via the Internet at www.ntia.doc.gov/psic.
SUPPLEMENTARY INFORMATION:
Electronic Access
The full funding opportunity announcement for the PSIC grant cycle
is available through www.grants.gov or by contacting the PSIC website
at: www.ntia.doc.gov/psic.
Program Information
The PSIC Grant Program will assist public safety agencies in the
acquisition of, deployment of, or training for the use
[[Page 40121]]
of interoperable communications systems that utilize--or enable
interoperability with communications systems that can utilize--
reallocated public safety spectrum in the 700 Megahertz (MHz) frequency
band. While some regions may not be able to access the 700 MHz
frequency band until 2009, public safety agencies are still eligible
for funding to help meet their interoperability needs so long as the
proposed solutions are designed to interoperate with the 700 MHz band
in the future. NTIA is seeking solutions from public safety agencies
that (1) Achieve meaningful and measurable improvements in the state of
interoperability for public safety communications and (2) fill
interoperability gaps identified in the Statewide Plans.
NTIA recognizes that many solutions exist to achieve
interoperability, and the PSIC Grant Program will not dictate a
specific technology solution for public safety agencies. However, NTIA
has identified the following technology and all hazards related
priorities that States and Territories must consider when selecting
projects for PSIC funding:
1. Technology
a. Adopt advanced technological solutions
b. Improve spectrum efficiency
c. Use cost-effective measures
2. All Hazards Mitigation
a. Improve communications in areas at high risk for natural
disasters
b. Continue to improve interoperability efforts in urban and
metropolitan areas at high risk for threats of terrorism
Funding Availability
The PSIC Grant Program will make $968,385,000 available in grant
awards. The table below identifies available PSIC funding for each
State and Territory:
Table 1 - PSIC State/Territory Allocation
------------------------------------------------------------------------
State/Territory PSIC Funding
------------------------------------------------------------------------
Alabama................................................. $13,585,399
Alaska.................................................. $7,250,345
American Samoa.......................................... $691,948
Arizona................................................. $17,713,050
Arkansas................................................ $11,169,402
California.............................................. $94,034,510
Colorado................................................ $14,336,638
Connecticut............................................. $12,999,879
Delaware................................................ $8,196,842
District of Columbia.................................... $11,857,972
Florida................................................. $42,888,266
Georgia................................................. $25,311,354
Guam.................................................... $2,600,678
Hawaii.................................................. $8,069,879
Idaho................................................... $7,289,795
Illinois................................................ $36,414,263
Indiana................................................. $18,291,735
Iowa.................................................... $10,935,974
Kansas.................................................. $10,667,169
Kentucky................................................ $15,405,625
Louisiana............................................... $19,672,287
Maine................................................... $7,567,579
Maryland................................................ $22,934,593
Massachusetts........................................... $21,191,988
Michigan................................................ $25,039,781
Minnesota............................................... $14,262,071
Mississippi............................................. $10,989,345
Missouri................................................ $17,465,576
Montana................................................. $6,549,685
Nebraska................................................ $8,582,108
Nevada.................................................. $12,042,417
New Hampshire........................................... $5,966,760
New Jersey.............................................. $30,806,646
New Mexico.............................................. $8,288,725
New York................................................ $60,734,783
North Carolina.......................................... $22,130,199
North Dakota............................................ $7,052,490
Northern Mariana Islands................................ $719,236
Ohio.................................................... $29,377,337
Oklahoma................................................ $11,684,183
Oregon.................................................. $12,182,532
Pennsylvania............................................ $34,190,555
Puerto Rico............................................. $9,590,025
Rhode Island............................................ $7,365,694
South Carolina.......................................... $13,499,308
South Dakota............................................ $6,549,691
Tennessee............................................... $17,540,752
Texas................................................... $65,069,247
U.S. Virgin Islands..................................... $856,907
Utah.................................................... $10,353,261
Vermont................................................. $4,476,761
Virginia................................................ $25,012,521
Washington.............................................. $19,180,347
West Virginia........................................... $8,429,484
Wisconsin............................................... $15,367,216
Wyoming................................................. $5,952,187
Total................................................... $968,385,000
------------------------------------------------------------------------
Statutory and Regulatory Authority
PSIC grants are authorized by Section 3006 of the Deficit Reduction
Act of 2005, Pub. L. No. 109-171, and Section 4 of the Call Home Act of
2006, Pub. L. No. 109-459.
Catalog of Domestic Federal Assistance
11.555, Public Safety Interoperable Communications Grant Program
Eligibility
To apply for and receive a PSIC grant, an applicant must be one of
the 56 States and Territories. The Governor of each State has
designated a State Administrative Agent (SAA), which can apply for and
administer the funds under the PSIC Grant Program. The SAA is the only
agency eligible to apply for PSIC funds. Additionally, the SAA is the
grantee in the management and administration of all funds provided
through this award. The SAA is responsible for obligating PSIC funds to
eligible pass-through recipients. A recipient must be a public safety
agency that is a State, local, or tribal government entity or
nongovernmental organization authorized by such entity, whose sole or
principal purpose is to protect safety of life, health, or property.
Evaluation Criteria
Eligible applicants must follow the three steps to apply for PSIC
funds: submit an application and brief narrative, submit a Statewide
Communications Interoperability Plan (Statewide Plan), and submit
Investment Justification(s). The first step includes submitting an
application on Grants.gov. NTIA and DHS program staff will review each
application for completeness and adherence to PSIC program rules.
Applications will be approved by the Assistant Secretary for
Communications and Information, Department of Commerce, and PSIC funds
will be awarded no later than September 30, 2007. The second step
includes submitting a Statewide Plan, as required by Section I.C.5 of
the 2006 Homeland Security Grant Program Guidance and Application Kit.
Each State and Territory must submit its final Statewide Plan by
November 1, 2007. The Statewide Plan will be reviewed by peer and
subject matter expert groups and approved by the Department of Homeland
Security. NTIA will also review each Statewide Plan to ensure that
States and Territories address the three PSIC requirements set forth
below. The third step includes submitting Investment Justification(s),
which must be submitted by November 1, 2007. The Investment
Justifications are to be submitted in conjunction with final Statewide
Plans to the National Preparedness Directorate (NPD) Secure Portal at
https://odp.esportals.com. The Investment Justification(s) will also be
reviewed by peer and subject matter expert groups as well as NTIA and
DHS program staff. Based on the recommendations of the peer and subject
matter expert groups and NTIA and DHS program staff, the Assistant
Secretary for Communications and Information, will approve Investment
Justifications. If the peer review and subject matter groups include
any non-federal employees no consensus advice will be provided by the
groups. The applications and Investment Justification(s) are
information collections subject to the Paperwork Reduction Act, and
have been approved by the Office of Management and Budget under their
respective OMB control numbers. See heading entitled Paperwork
Reduction Act below.
[[Page 40122]]
Funding Priorities and Selection Factors
NTIA recognizes that many solutions exist to achieve
interoperability, and the PSIC Grant Program will not dictate the
technology or approach for public safety agencies. However, NTIA has
identified that when selecting projects for PSIC funding States and
Territories must consider: (1) Technology, including adoption of
advanced technological solutions, improved spectrum efficiency, and
cost effective measures; and (2) solutions that support capabilities in
response to all hazards approach regardless of their source or cause,
including improving communications in areas at high risk for natural
disasters and in urban and metropolitan areas at high risk for threats
of terrorism.
In addition, NTIA will review each Statewide Plan to ensure that
States and Territories address the following three PSIC requirements:
How public safety agencies will acquire, deploy, and train on
communications systems that use--or enable interoperability with
communications systems that use--the public safety spectrum in the 700
megahertz frequency band; how local and tribal government entities'
interoperable communications needs have been included in the planning
process and how their needs are being addressed, if applicable; and how
authorized nongovernmental organizations' interoperable communications
needs have been included in the planning process and how their needs
are being addressed, if applicable.
Cost Sharing Requirements
The PSIC Grant Program requires cost sharing. By statute, each
public safety agency receiving PSIC funds is required to meet and
document the 20 percent statutory match requirement for each project.
The SAA is required to track and report the 20 percent match
requirement for each individual project that receives PSIC funds for
efforts other than training, which do not require any match. The match
requirements can be met through cash or in-kind sources consistent with
15 CFR Sec. Sec. 24.3, 24.24. This documentation must demonstrate that
match funds are from non-federal sources. As provided in 48 U.S.C.
Sec. 1469a, the matching requirement does not apply to the first
$200,000 in grant funds awarded to the Territorial governments in Guam,
American Samoa, the U.S. Virgin Islands, and the Commonwealth of the
Northern Mariana Islands. Training activities are excluded from this
match requirement; however, training activities can make up no more
than 20 percent of a State's or Territory's total investments.
Intergovernmental Review
This program is subject to the provisions of Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. See 7 CFR Part 3015, subpart V.
Universal Identifier
The SAA must provide a Dun and Bradstreet (D&B) Data Universal
Numbering System (DUNS) number with the PSIC application. This number
is a required field within Grants.gov and for CCR Registration.
Organizations should verify that they have a DUNS number or take the
steps necessary to obtain one as soon as possible. (Applicants can
receive a DUNS number at no cost by calling the dedicated toll-free
DUNS Number request line at 1-800-333-0505 or via the Internet
(www.dunandbradstreet.com).
Limitation of Liability
In no event will the Department of Commerce be responsible for
proposal preparation costs if this program fails to receive funding or
is cancelled because of other agency priorities. Publication of this
announcement does not obligate the agency to award any specific project
or to obligate any available funds.
Paperwork Reduction Act
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection displays a currently valid Office of Management and Budget
(OMB) control number. The use of Standard Forms 424, 424A, 424B, 424D,
and SF-LLL has been approved by OMB under the respective control
numbers 0348-0043, 0348-0044, 0348-0040, 0348-0042, and 0348-0046. The
Investment Justification is an element required under Standard Form
424A and has been approved by OMB under control number 0348-0044.
Executive Order 12866
This rule has been determined to be Economically Significant under
Executive Order 12866. NTIA was directed by the Deficit Reduction Act
of 2005 to implement the PSIC Grant Program. The Act authorized NTIA to
implement a grant program to assist public safety agencies in the
acquisition of, deployment of, or training for the use of interoperable
communications systems that utilize reallocated public safety spectrum
for radio communications. The PSIC Grant Program will make $968,385,000
(2007) available in grant awards. This is a one-time transfer program
where funds will be awarded no later than September 30, 2007.
Executive Order 13132, Federalism
It has been determined that this notice does not contain policies
with Federalism implications as that term is defined in Executive Order
13132.
Administrative Procedure Act/Regulatory Flexibility Act
Prior notice and opportunity for public comment are not required by
the Administrative Procedure Act or any other law for this rule
concerning grants, benefits, and contracts (5 U.S.C. Sec. 553(a)(2)).
Because notice and opportunity for comment are not required pursuant to
5 U.S.C. Sec. 553 or any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis has not been
prepared.
Congressional Review of Agency Rulemaking
NTIA has submitted this final rule to the Congress and the
Government Accountability Office under the Congressional Review of
Agency Rulemaking Act, 5 U.S.C. Sec. 801 et seq. The rule is a ``major
rule'' within the meaning of the Act because it will result in an
annual effect on the economy of $100,000,000 or more. The rule sets out
the administrative procedures for making grants to State, local, tribal
and other public safety agencies to improve their communications
interoperability in response to manmade and natural disasters. NTIA
will award $968,385,000 available in grants under this program.
NTIA serves as the President' principal adviser on
telecommunications and information policies and its mission includes
assisting the Executive Branch in the development of policies and
standards related to interoperability, spectrum use, and emergency
readiness.\1\ Improving public safety interoperable communications for
our nation's first responders has increasingly become a national
priority in the wake of terrorism incidents, including 9/11, and
[[Page 40123]]
natural disasters such as Hurricane Katrina.\2\
---------------------------------------------------------------------------
\1\ See 47 U.S.C. Sec. 902(b)(2)(D),(H).
\2\ See e.g., The 9/11 Commission Report, at 397 (July 2004);
Public Safety Communications from 9/11 to Katrina: Critical Public
Policy Lessons, 109th Cong. 1-4 (Sept. 29, 2005) (statement of
Representative Fred Upton, Chairman, Subcommittee on
Telecommunications and the Internet, House Committee on Energy and
Commerce); Communications Interoperability - Session I, 109th Cong.
(Sept 29, 2005) (statement of Senator Ted Stevens, Chairman,
Committee on Commerce, Science, and Transportation, at https://
commerce.senate.gov/public/index.cfm? FuseAction=Hearings.
Statement&Statement--ID=126); The Federal Response to Hurricane
Katrina Lesson Learned, at 44 (Feb. 2006).
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Consistent with that objective, Congress enacted and the President
signed into law on February 8, 2006, the Digital Television and Public
Safety Act of 2005, Title III of the Deficit Reduction Act of 2005.
Among other things, this statute makes available analog television
spectrum available for new communications services, including public
safety interoperable communications in the 700 MHz band, by terminating
television licenses in these frequencies on February 17, 2009. In
addition, the Act requires the returned analog television spectrum be
auctioned and the proceeds used to fund various new programs to promote
the digital television transition, to improve public safety
interoperable communications, and to reduce the deficit.
Specifically, Section 3006 of the Act directs NTIA to establish and
implement a $1 billion grant program to assist public safety agencies
in the acquisition of, deployment of, or training for the use of
interoperable communications systems that utilize, or enable
interoperability with communications systems that can utilize,
reallocated public safety spectrum for radio communications in the 700
MHz band. To spur the rapid distribution of these grant funds to our
nation's first responders, the Act authorizes NTIA to borrow the funds
needed for the grants as of October 1, 2006, well in advance of the
receipt of auction proceeds. To further ensure the swift award of these
grants to public safety agencies, Congress subsequently enacted and the
President signed into law on December 22, 2006, the Call Home Act of
2006. Section 4 of this statute requires NTIA to make grant awards no
later than September 30, 2007.
A 60-day delay in implementing this final rule would hamper NTIA's
mission to improve public safety interoperable communications and be
contrary to clear Congressional intent as expressed in Section 3006 of
the Deficit Reduction Act and Section 4 of the Call Home Act. If NTIA
is not able to implement this program and make awards under this
program before September 30, 2007, the $1 billion may not be available
after September 30, 2007 for NTIA to fulfill its statutory mandate. In
order for NTIA to comply with this statutory mandate, eligible entities
must submit applications no later than 30 days after publication in the
Federal Register. Thus, in compliance with section 808(2) of the
Congressional Review of Agency Rulemaking Act, 5 U.S.C. Sec. 808(2),
for good cause, NTIA finds that notice and public comment on this final
rule is impracticable and contrary to the public interest. Accordingly,
this final rule is effective on July 23, 2007.
Dated: July 18, 2007.
John M.R. Kneuer,
Assistant Secretary for Communications and Information.
[FR Doc. 07-3569 Filed 7-20-07; 8:45 am]
BILLING CODE 3510-60-P
