911 Grant Program, 44131-44143 [2017-19944]

Download as PDF Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2017–0512; FRL–9967–96– Region 7] Air Plan Promulgation and Approval; Kansas; Revisions to the Construction Permits and Approvals Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Environmental Protection Agency (EPA) is proposing to approve revisions to the Kansas State Implementation Plan (SIP) and the 112(l) program submitted on December 5, 2016, by the State of Kansas. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are approving the State’s SIP revisions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. The submission revises Kansas’ construction permit rules. Specifically, these revisions implement the revised National Ambient Air Quality Standard (NAAQS) for fine particulate matter; clarify and refine applicable criteria for sources subject to the construction permitting program; update the construction permitting program fee structure and schedule; and make minor revisions and corrections. Approval of these revisions will not impact air quality, ensures consistency between the State and Federally-approved rules, and ensures Federal enforceability of the State’s rules. DATES: Comments must be received by October 23, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2017–0512, to https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For asabaliauskas on DSKBBXCHB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7164, or by email at bredehoft.deborah@epa.gov. This document proposes to take action on the SIP and 112(l) program revisions submitted by the State of Kansas for Kansas Air Regionations 28–19–300, ‘‘Construction Permits and Approvals; Applicability’’, and Kansas Air Regionations 28–19–304, ‘‘Construction Permits and Approvals; Fees’’. We have published a direct final rule approving the State’s SIP revision (s) in the ‘‘Rules and Regulations’’ section of this Federal Register, because we view this as a noncontroversial action and anticipate no relevant adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 8, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. [FR Doc. 2017–20075 Filed 9–20–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 44131 DEPARTMENT OF COMMERCE National Telecommunications and Information Administration DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 47 CFR Part 400 [Docket No. 170420407–7407–01] RIN 0660–AA33; RIN 2127–AL86 911 Grant Program National Telecommunications and Information Administration (NTIA), Department of Commerce (DOC); and National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes revised implementing regulations for the 911 Grant Program, as a result of the enactment of the Next Generation 911 (NG911) Advancement Act of 2012. The 911 Grant Program provides grants to improve 911 services, E–911 services, and NG911 services and applications. NTIA and NHTSA (the Agencies) request comments on this proposed rule. DATES: Comments must be received by November 6, 2017 at 5:00 p.m. Eastern Standard Time. ADDRESSES: You may submit comments identified by Docket No. 170420407– 7407–01 by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: National Telecommunications and Information Administration, U.S. Department of Commerce, Attn: NG911 Grant Program, 1401 Constitution Avenue NW., Room 4076, Washington, DC 20230. Instructions: Please note that all material sent via the U.S. Postal Service (including Overnight or Express Mail) is subject to delivery delays of up to two weeks due to mail security procedures. Responders should include the name of the person or organization filing the comment, as well as a page number, on each page of their submissions. Paper submissions should also include an electronic version on CD or DVD in .txt, .pdf, or Word format (please specify version), which should be labeled with the name and organizational affiliation of the filer and the name of the word SUMMARY: E:\FR\FM\21SEP1.SGM 21SEP1 44132 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules processing program used to create the document. Note that all comments received are a part of the public record and will be posted without change to http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For program issues: Daniel Phythyon, Telecommunications Policy Specialist, Office of Public Safety Communications, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4076, Washington, DC 20230; telephone: (202) 482–5018; email: DPhythyon@ ntia.doc.gov; or Laurie Flaherty, Coordinator, National 911 Program, Office of Emergency Medical Services, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., NPD–400, Washington, DC 20590; telephone: (202) 366–2705; email: Laurie.Flaherty@dot.gov. For legal issues: Michael Vasquez, Attorney-Advisor, Office of the Chief Counsel, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4713, Washington, DC 20230; telephone: (202) 482–1816; email: MVasquez@ ntia.doc.gov; or Megan Brown, Attorney-Advisor, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., NCC–300, Washington, DC 20590; telephone: (202) 366–1834; email: Megan.Brown@dot.gov. For media inquiries: Stephen F. Yusko, Public Affairs Specialist, Office of Public Affairs, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4897, Washington, DC 20230; telephone: (202) 482–7002; email: press@ntia.doc.gov; or Karen Aldana, Public Affairs Specialist, Office of Communications and Consumer Information, National Highway Traffic Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Room W52–306, Washington DC 20590; telephone: (202) 366–3280; email: karen.aldana@dot.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Table of Contents I. Background II. Summary of the NG911 Advancement Act of 2012 III. Proposed Regulations A. Heading B. Purpose C. Definitions D. Who May Apply E. Application Requirements F. Approval and Award G. Distribution of Grant Funds VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 H. Eligible Uses for Grant Funds I. Continuing Compliance J. Financial and Administrative Requirements K. Closeout L. Waiver Authority M. Appendices IV. Public Participation V. Statutory Basis for This Action VI. Regulatory Analyses and Notices I. Background In 2009, NTIA and NHTSA issued regulations implementing the E–911 Grant Program enacted in the Ensuring Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 2004 (Pub. L. 108–494, codified at 47 U.S.C. 942) (74 FR 26965, June 5, 2009). Accordingly, in 2009, NTIA and NHTSA made more than $40 million in grants available to 30 States and Territories to help 911 call centers nationwide upgrade equipment and operations through the E–911 Grant Program. In 2012, the NG911 Advancement Act of 2012 (Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112–96, Title VI, Subtitle E (codified at 47 U.S.C. 942)) enacted changes to the program. The NG911 Advancement Act provides new funding for grants to be used for the implementation and operation of 911 services, E–911 services, migration to an IP-enabled emergency network, and adoption and operation of NG911 services and applications; the implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. In 2016, about $115 million from spectrum auction proceeds were deposited into the Public Safety Trust Fund and made available to NTIA and NHTSA for the 911 Grant Program.1 For more than 40 years, local and state 911 call centers, also known as Public Safety Answering Points (PSAPs), have served the public in emergencies. PSAPs receive incoming 911 calls from the public and dispatch the appropriate emergency responders, such as police, fire, and emergency medical services, to the scene of 1 The Public Safety Trust Fund (TAS 13–12/22– 8233) is an account established in the Treasury and managed by NTIA. From this account, NTIA makes available funds for a number of public safety related programs, including the 911 Grant Program. See 47 U.S.C. 1457(b)(6). PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 emergencies. The purpose of the 911 Grant Program is to provide federal funding to support the transition of PSAPs and their interconnecting 911 network and core services, to facilitate migration to an IP-enabled emergency network, and adoption and operation of NG911 services and applications. There are approximately 6,000 PSAPs nationwide that are responsible for answering and processing 911 calls requiring a response from police, fire, and emergency medical services agencies.2 PSAPs collectively handle more than an estimated 240 million 911 calls each year.3 About 70 percent of all 911 calls annually are placed from wireless phones.4 Besides the public, PSAPs communicate with third-party call centers, other PSAPs, emergency service providers (e.g., dispatch agencies, first responders, and other public safety entities), and State emergency operations centers.5 Most PSAPs rely on decades-old, narrowband, circuit-switched networks capable of carrying only voice calls and very limited amounts of data.6 Advances in consumer technology offering capabilities such as text messaging and video communications have quickly outpaced those of PSAPs, which often cannot support callers who wish to send text messages, images, video, and other communications that utilize large amounts of data (e.g., telematics, sensor information).7 While there are still an estimated 50 counties that are using ‘‘Basic’’ 911 infrastructure, the majority of State and local jurisdictions have completed the process of updating their 911 network’s infrastructure since the ENHANCE 911 Act was passed in 2004.8 As of January 2017, data collected by the National Emergency Number Association (NENA) show that 98.6 percent of PSAPs are capable of receiving Phase II E–911 9 calls, providing E–911 service to 98.6 percent of the U.S. population and 96.5 2 Federal Communications Commission (FCC), Final Report of the Task Force on Optimal PSAP Architecture (TFOPA) at 15 (Jan. 29, 2016), available at https://transition.fcc.gov/pshs/911/ TFOPA/TFOPA_FINALReport_012916.pdf (TFOPA Final Report). The National Emergency Number Association (NENA) estimates that there are 5,874 primary and secondary PSAPs as of January 2017. NENA 9-1-1 Statistics, available at http:// www.nena.org/?page=911Statistics. 3 TFOPA Final Report at 15. See also, NENA 91-1 Statistics, available at http://www.nena.org/ ?page=911Statistics. 4 Id. 5 TFOPA Final Report at 15. 6 Id. 7 Id. 8 NENA 9-1-1 Statistics, available at http:// www.nena.org/?page=911Statistics. 9 See 47 CFR 20.18(e), (h) (defining Phase II enhanced 911 service). E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules percent of our country’s counties.10 With the transition to E–911 essentially completed, State and local jurisdictions are now focused on migrating to NG911 infrastructure. NG911 is an initiative to modernize today’s 911 services so that citizens, first responders, and 911 call-takers can use IP-based, broadband-enabled technologies to coordinate emergency responses.11 Using multiple formats, such as voice, text messages, photos, and video, NG911 enables 911 calls to contain real-time caller location and emergency information, improve coordination among the nation’s PSAPs, dynamically re-route calls based on location and PSAP congestion, and connect first responders to key health and government services in the event of an emergency.12 Data collected by the National 911 Profile Database in 2016 show that 20 of the 46 States submitting data have adopted a statewide NG911 plan, 17 of 46 States are installing and testing basic components of the NG911 infrastructure, 10 of 45 States have 100 percent of their PSAPs connected to an Emergency Services IP Network, and 9 of 45 States are using NG911 infrastructure to receive and process 911 voice calls.13 These data suggest that most State and local jurisdictions have already invested in and completed implementation of both basic 911 services and E–911 services and are focused on migration to NG911. The 911 Grant Program now seeks to provide financial support for investment in the forward-looking technology of NG911 as contemplated by the NG911 Advancement Act. asabaliauskas on DSKBBXCHB2PROD with PROPOSALS II. Summary of the NG911 Advancement Act of 2012 The NG911 Advancement Act modifies the 911 Grant Program to incorporate NG911 services while preserving the basic structure of the program, which provided matching grants to eligible State and local governments and Tribal Organizations for the implementation and operation of Phase II services, E–911 services, or migration to an IP-enabled emergency network. The NG911 Advancement Act, however, broadens the eligible uses of funds from the 911 Grant Program to include: Adoption and operation of NG911 services and applications; the implementation of IP-enabled emergency services and applications enabled by NG911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services.14 The NG911 Advancement Act also increases the maximum Federal share of the cost of a project eligible for a grant from 50 percent to 60 percent.15 States or other taxing jurisdictions that have diverted fees collected for 911 services remain ineligible for grants under the program and a State or jurisdiction that diverts fees during the term of the grant must repay all grant funds awarded.16 The NG911 Advancement Act further clarifies that prohibited diversion of 911 fees includes elimination of fees as well as redesignation of fees for purposes other than implementation or operation of 911 services, E–911 services, or NG911 services during the term of the grant.17 III. Proposed Regulations This NPRM proposes modifications to the E–911 Grant Program regulations to implement the changes to the program enacted in the NG911 Advancement Act. With the exception of the proposed changes discussed below, the Agencies propose to retain the E–911 Grant Program regulations set forth at 47 CFR part 400. The Agencies seek comments on this proposal. A. Heading (47 CFR Part 400) The Agencies propose to amend the heading of Part 400 from ‘‘E–911 Grant Program’’ to ‘‘911 Grant Program’’ to reflect the reauthorization of the grant program. B. Purpose (47 CFR 400.1) The Agencies propose to update the Purpose section of the 911 Grant Program regulations set forth at § 400.1 14 47 10 NENA 9–1–1 Statistics. 11 National 911 Program, Next Generation 911 for Leaders in Law Enforcement Educational Supplement at 3, available at https://www.911.gov/ ng911_law/download/NG911_Resize_Mar2013_ FINAL_LR.pdf. 12 Id. at 4–5. 13 National 911 Program, 2016 National 911 Progress Report at 3, 85, 89 (Dec. 2016), available at https://www.911.gov/pdf/National-911-Program2016-ProfileDatabaseProgressReport-120516-1.pdf. VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 U.S.C. 942(b)(1). U.S.C. 942(b)(2). 16 47 U.S.C. 942(c). See also FCC, Eighth Annual Report to Congress on State Collection and Distribution of 911 and Enhanced 911 Fees and Charges (Dec. 30, 2016), available at https:// apps.fcc.gov/edocs_public/attachmatch/DA-1761A2.pdf (reporting that, of the 53 states and territories that reported information for the 2015 calendar year, eight states and Puerto Rico diverted or transferred 911 fees). 17 47 U.S.C. 942(c)(3). 15 47 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 44133 to conform to the NG911 Advancement Act. C. Definitions (47 CFR 400.2) The NG911 Advancement Act includes new definitions and makes changes to current definitions to include NG911 services in the 911 Grant Program. The Agencies therefore propose to add definitions for: 911 services, emergency call, Next Generation 911 services, and Tribal Organization. The Agencies also propose to revise the definitions for: Designated E–911 charges, E–911 Coordinator, E–911 services, integrated telecommunications services, ICO, PSAP, and State. The Agencies also propose to remove the definitions for eligible entity and Phase II E–911 services. D. Who May Apply (47 CFR 400.3) The E–911 Grant Program regulations only permit States to apply for grant funds on behalf of all local governments, Tribal Organizations, and PSAPs located within their jurisdiction. States were required to coordinate their applications with these entities. This approach streamlined the prior grant process and minimized administrative costs of the program, while at the same time, providing safeguards to ensure participation by local governments, Tribal Organizations, and PSAPs. While the Agencies recognize the importance of coordination between States and Tribal Organizations, directing States to coordinate with Tribal Organizations did not result in adequate funding to improve PSAPs serving tribal areas. The fact that tribes are sovereign nations and that some tribal areas cross State lines further complicated this issue. The Agencies seek to provide equitable funding in a practical manner to ensure the most efficient use of funds to produce maximum benefit in implementing NG911 services. In this NPRM, the Agencies propose to retain the ability of States to apply for funding on behalf of all entities within their jurisdiction, but also to permit Tribal Organizations to apply directly for 911 grants under certain circumstances. The Agencies seek comment on this proposal as well as on any challenges that Tribal Organizations may face under this grant program. Specifically, the Agencies ask commenters to address the following questions: i. If the 911 Grant Program were open to Tribal Organizations directly, would tribal PSAPs be able to meet the application requirements provided in proposed 47 CFR 400.4, including statutory requirements such as the matching requirement and non- E:\FR\FM\21SEP1.SGM 21SEP1 44134 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules diversion certifications? What would be the challenges with providing the necessary certifications, if any? ii. A Tribal Organization applying for a 911 Program Grant must identify the designated State 911 Coordinator(s) and provide certifications that the Tribal Organization has not diverted designated 911 charges. What would be the challenges associated with providing this information, if any? iii. Do the tribal PSAPs collect 911 surcharge fees and/or receive Stateprovided 911 surcharge funds? If so, are Tribal Organizations able to certify that tribal sub-entities are not diverting 911 surcharge fees? iv. What other tribal PSAP issues or challenges should NHTSA and NTIA consider when determining how to involve tribal entities in this grant program? E. Application Requirements (47 CFR 400.4) The Agencies propose to retain, with some modifications as specified below, the general components of an application for a 911 grant. In order to accommodate applications from Tribal Organizations, the Agencies propose to reorganize § 400.4 to provide separate application requirement instructions for State (§ 400.4(a)) and Tribal Organization (§ 400.4(b)) applicants. The Agencies seek specific comments on the application of these requirements to Tribal Organizations (see questions concerning Tribal Organizations above). 1. State/Tribal 911 Plan asabaliauskas on DSKBBXCHB2PROD with PROPOSALS The Agencies propose to retain the State 911 Plan requirements with minor modifications. Specifically, the Agencies propose to update references to E–911 and migration to an IP-enabled emergency network to reflect statutory language in the NG911 Advancement Act. In addition, the Agencies propose to remove the requirement to give priority to communities without 911 from the current E–911 Grant Program regulations, § 400.4(a)(1)(iii), to conform to the NG911 Advancement Act. The Agencies propose similar Tribal 911 Plan requirements in § 400.4(b). 2. Project Budget The Agencies propose to retain the project budget requirements. However, the NG911 Advancement Act increased the maximum Federal share of the total cost of a project undertaken as a result of this grant program from 50 percent to 60 percent. The Agencies propose to amend § 400.4(a) accordingly. VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 3. Supplemental Project Budget and Proposed Two-Step Application Process In 2009, the Agencies allocated E–911 Grant Program funding to all States under the assumption that all States would qualify for an award. Those preliminary funding levels were published in Appendix A to the rule. Some States, however, were unable to meet the non-Federal matching requirement or to make the required certifications, and therefore rendered the initial funding allocations inaccurate. While the Agencies were able to adjust the funding allocations, this caused some delay in providing full funding to those States participating in the program. The Agencies seek comment on whether to retain the single application structure that requires an applicant to provide a supplemental budget submission in addition to the project budget in the event that additional funds become available for any reason. Alternatively, the Agencies seek comment on whether a two-step application process should be used. As an example of a possible two-step application process, the Agencies would publish a Notice of Funding Opportunity (NOFO) for the 911 Grant Program providing additional details and deadlines for the application process. As a first step, interested State and Tribal Organization applicants would submit the required certifications set forth at Appendix A or B, respectively. Then, the Agencies would provide preliminary funding allocations for each of the States or Tribal Organizations that meets the certification requirements. As a second step, those States or Tribal Organizations would then submit a complete application packet, including a project budget based on the preliminary funding level. Because of the possibility that additional funds may become available if certain states are unable to meet the certification requirements, these States or Tribal Organizations could also include a supplemental project budget as part of their complete application packet. The Agencies seek comment on this proposed two-step application process and funding allocation determination as set forth in the proposed regulatory text. 4. Designated 911 Coordinator The Agencies propose to retain the requirement for a Designated 911 Coordinator for State applicants. The NG911 Advancement Act requires, as a condition of eligibility for a non-State applicant, that the State in which it is located has designated a 911 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Coordinator. Therefore, for the purpose of applications by Tribal Organizations, the Agencies propose that the Tribal Organization identify the Designated State 911 Coordinator. Although a Tribal Organization applicant would not have to designate its own 911 Coordinator, the Agencies propose that it designate a responsible official to execute the grant agreement and sign the required certifications. 5. Certifications The Agencies propose to retain the certification requirements in § 400.4(a)(5) with updates to allow for certification by Tribal Organizations and to reflect the statutory requirements in the NG911 Advancement Act. 6. Due Date The Agencies also propose to amend the 911 Grant Program regulations to provide that the deadlines for the initial and subsequent submission requirements will be contained in the NOFO. F. Approval and Award (47 CFR 400.5) The Agencies propose to update the Approval and Award section of the 911 Grant Program regulations set forth at § 400.5 to account for Tribal Organization applicants as described above. G. Distribution of Grant Funds (47 CFR 400.6) The E–911 Grant Program distributed grant funds to eligible States using a formula based on State population and public road mileage. The Agencies propose to apply the same formula for distribution of grant funds to States and Territories in the new round of funding under the 911 Grant Program. As in the E–911 Grant Program, the formula will provide for a minimum grant amount of $500,000 for States and $250,000 for Territories. In the E–911 Grant Program, population and road miles were used as the basis for the formula because 911 services are used by people, and because the ability to make any phone calls (therefore to make 911 calls) in 2009 was dependent upon the presence of copper land lines and/or cell towers. Road miles were used as a surrogate for cell tower coverage in the 2009 regulation because at that time, cell towers were the primary means of transmitting 911 calls to PSAPs, and were likely to be built along roadways— especially in rural areas. Ultimately, though, the combination of population and road miles favored urban areas over rural and remote areas. E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Telecommunications technology has evolved tremendously since 2009. The placement of phone calls is now much less dependent upon the presence of copper facilities. In fact, the Federal Communications Commission (FCC) has observed that, as of 2015, almost 75 percent of U.S. residential customers (approximately 88 million households) no longer received telephone service over traditional copper facilities and relied increasingly on wireless, Voice over Internet Protocol (VoIP) and satellite technologies, including hybrid cell tower/satellite technology.18 In recognition of this continuing technological displacement, the FCC in 2016 issued an order streamlining legacy regulations to make it easier for carriers to retire copper, landline telephone networks and replace them with fiber or wireless technology.19 Although delivery of location information has improved with the use of Assisted Global Position System (A– GPS), in rural and remote areas, location-finding technology is less accurate, since cell towers are typically placed along major highways and there may not be a sufficient number of towers to provide accurate triangulation to locate callers.20 Rural public safety agencies and PSAPs are finding creative solutions, such as satellite-based communications technologies, to overcome these communications challenges.21 Additionally, research shows that rural and tribal 911 call centers face significant challenges because they serve larger geographical areas and, as a result, first responders may take more time to reach the scene of the emergency. PSAP call takers in rural areas may be required to stay on the phone longer and provide more extensive emergency instructions until 18 In the Matter of Technology Transitions, GN Docket No. 13–5; In the Matter of US Telecom Petition for Declaratory Ruling that Incumbent Local Exchange Carriers are Non-Dominant in the Provision of Switched Access Services, WC Docket No. 13–3; In the Matter of Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers, RM–11358, Declaratory Ruling, Second Report and Order, and Order on Reconsideration, at ¶ 16 (July 15, 2016) (hereinafter Declaratory Ruling), available at https://apps.fcc.gov/edocs_public/attachmatch/ FCC-16-90A1.pdf. 19 See id. 20 See Congressional Research Service, An Emergency Communications Safety Net: Integrating 911 and Other Services, CRS Report at 5–6 (Aug. 25, 2008), available at, https:// www.everycrsreport.com/files/20080825_RL32939_ a6d2f372243a38357f5104b181e8fa326481e3ac.pdf. 21 See James J. Augustine, Rural Coverage: Communications Challenges for EMS (Oct. 17, 2012), available at https://www.ems1.com/emsproducts/communications/articles/1356405-Ruralcoverage-Communications-challenges-for-EMS/. VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 help arrives.22 Additionally, since the bulk of funding to 911 call centers comes from states and municipalities, rural 911 centers may lack the resources needed for technology upgrades, equipment, and training.23 The Agencies propose to retain the formula used for distribution in the E– 911 grant program, however, given the advances in technology and the unique challenges faced by rural and remote PSAPs, the Agencies are seeking comment on whether other factors should be considered as part of the formula for distribution of grant funds or whether the current formula is the best framework to distribute the up to $110 million available in new funding for the program. Specifically, the Agencies ask commenters to address the following questions: i. Do the existing factors of State population and public road mileage adequately account for remote and rural areas? If not, would the factor of land area, as determined by the Census Bureau, improve the accounting for rural and remote areas? ii. Given the evolution in technology since the previous grants were awarded (e.g., less dependence on cell towers and increased adoption of satellite and hybrid technologies), are there other factors that the program should consider and what weight should the formula give to each factor and why? To accommodate grant awards to Tribal Organizations, the proposal would authorize the Agencies to set aside 2 percent of available grant funds for distribution to Tribal Organizations with maximum awards of no more than $250,000. The Agencies propose to allocate funding based on a formula as follows: (1) 50 percent in the ratio to which the population of the Tribal Organization bears to the total population of all Tribal Organizations, as determined by the most recent population data on American Indian/ Alaska Native Reservation of Statistical Area,24 and (2) 50 percent in the ratio which the public road mileage in each Tribal Organization bears to the total public road mileage in tribal areas, using the most recent national tribal transportation facility inventory data. The Agencies seek comment on this proposal for distribution to Tribal 22 Id. 23 Linda K. Moore, Congressional Research Service, Emergency Communications: The Future of 911, CRS Report at 9–10 (Mar. 16, 2010), available at https://c.ymcdn.com/sites/www.nena.org/ resource/collection/F203778C-3D83-4118-B5E33A95819586E1/CRS_911_Report_3.16.10.pdf. 24 As computed under the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. 4101 et seq. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 44135 Organizations. The Agencies further seek comment on whether a formulabased approach is the most equitable and/or efficient way to distribute new grant funds. If yes, what factors should the program consider and what weight should the formula give to each factor and why? If not, please identify other allocation methods that the Agencies should consider adopting for use in this grant program. H. Eligible Uses for Grant Funds (47 CFR 400.7) The NG911 Advancement Act has broadened the eligible uses of grant funds to include: Adoption and operation of NG911 services and applications; and the implementation of IP-enabled emergency services and applications enabled by NG911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations. Accordingly, the Agencies propose to modify § 400.7 to include these new eligible uses. The Agencies also provide clarification on the following specific uses: 1. NG911 Services The NG911 Advancement Act, by name and intent, was established to facilitate implementation of NG911 services, and the acquisition of such NG911 services is allowable as an eligible use of 911 Grant Program funds. Some grant recipients may choose to purchase the hardware and software that perform the necessary functions enabling NG911 calls to be received, processed and dispatched and use their own staff to operate and maintain the NG911 system. Other recipients may choose to contract with vendors that own the hardware and software, and provide NG911 enabling functions as a service to State or local 911 entities. Still other recipients may choose to enter into subaward relationships with local jurisdictions to implement the purposes of the grant. The Agencies propose that any of these options, alone or in combination, would be an eligible use of grant funds. To ‘‘facilitate coordination and communication between Federal, State, and local emergency communications systems [and] emergency services personnel,’’ the Agencies propose that recipients be required to specify the purchase of hardware, software, and/or services that comply with current NG911 standards, E:\FR\FM\21SEP1.SGM 21SEP1 44136 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules as listed in the Department of Homeland Security’s SAFECOM Guidance.25 2. Training Given that the intent of this grant program is specifically to improve the technology and operation of the 911 system, the NG911 Advancement Act permits grant funds to be used for training directly related to 911 services for public safety personnel, including call-takers, first responders, and other individuals and organizations that are part of the emergency response chain in 911 services. The Agencies seek comment on what, if any, limitations should be imposed on such costs. As part of a three-year, multistakeholder effort, the National 911 program office facilitated the development of the ‘‘Recommended Minimum Training Guidelines for Telecommunicators’’ that identified nationally recognized, universally accepted minimum topics that can be used to train aspiring and current 911 telecommunications professionals, and to provide the foundation for ongoing professional development.26 The Agencies seek comment on whether use of 911 Grant Program funds for training should be limited to training designed to meet these minimum training guidelines. If these minimum training guidelines are required, what, if any, challenges would this condition impose on PSAPs? What should the Agencies consider as appropriate documentation of the PSAPs’ compliance in meeting the minimum training guidelines? asabaliauskas on DSKBBXCHB2PROD with PROPOSALS 3. Planning and Administration The Agencies intend to continue to allow recipients to use up to 10 percent of grant funds to cover administrative expenses incurred as a direct result of participation in the grant program. The Agencies propose allowing recipients to use a portion of the 10 percent maximum for administrative costs to perform an assessment of their current 911 system, using the ‘‘NG9–1–1 Readiness Scorecard’’ produced by the FCC’s Task Force for Optimal PSAP Architecture,27 which includes the 25 47 U.S.C. 942(a)(1). See also Department of Homeland Security, ‘‘Fiscal Year 2016 SAFECOM Guidance on Emergency Communications Grants,’’ at Appendix B—Technology and Equipment Standards (2016), available at https://www.dhs.gov/ sites/default/files/publications/FY%202016 %20SAFECOM%20Guidance%20FINAL %20508C.pdf. 26 See National 911 Program, ‘‘Recommended Minimum Training Guidelines for Telecommunicators’’ (May 19, 2016), available at http://www.911.gov/pdf/Recommended_Minimum_ Training_Guidelines_for_the_911_ Telecommunicator_FINAL_May_19_2016.pdf. 27 See FCC, TFOPA Working Group 2 Phase II Supplemental Report: NG9–1–1 Readiness VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 ongoing activities necessary to develop, modify, and improve the framework for State and Tribal NG911 governance, strategic planning, and coordination. 4. Operation of 911 System The NG911 Advancement Act provides that 911 grant funds are intended to assist in implementation of NG911 systems and anticipates that jurisdictions will use fees collected by State and local governments to fund operations of 911 services.28 In order to maximize use of funds to meet this goal, eligible entities may only use grant funds to assist in the implementation of an NG911 system.29 However, as the implementation of NG911 occurs, States, local, and tribal 911 authorities and PSAPs are required to operate parallel NG911 and legacy E–911 or 911 systems while the transition is being completed. While surcharges collected by State and local governments already pay for the operation of a current legacy system, grant funds can be used only to cover the cost of operating the NG911 system until such time as the current legacy system is shut down and the system is fully operational using only NG911 technology. I. Continuing Compliance (47 CFR 400.8) The Agencies propose to amend the Non-compliance section of the 911 Grant Program regulations as set forth at § 400.8 to conform to the NG911 Advancement Act and to reflect the proposed ability of Tribal Organizations to apply directly for grant funds. Any applicant or grant recipient that provides a certification knowing that the information provided in the certification is false (1) will not be eligible to receive the grant; (2) must return any grant awarded under this part during the time that the certification is not valid; and (3) will not be eligible to receive any subsequent grants under this part.30 J. Financial and Administrative Requirements (47 CFR 400.9) In 2014, the Department of Commerce and the Department of Transportation, among other executive branch agencies, Scorecard (Dec. 2, 2016), available at https:// transition.fcc.gov/pshs/911/TFOPA/TFOPA_WG2_ Supplemental_Report-120216.pdf. The Task Force developed the NG911 Readiness Scorecard with extensive participation from the 911 stakeholder community, and in conjunction with the National 911 Program. 28 See 47 U.S.C. 942(b)(1) and (c). See also ENHANCE 911 Act of 2004, Public Law 108–494, Title I, § 102, 118 Stat. 3986 (2004). 29 Implementation of a NG911 system does not include construction of new PSAPs. Thus, the Agencies do not propose to permit the use of grant funds for purposes of such construction. 30 See 47 U.S.C. 942(c)(4). PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 adopted the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements (OMB Uniform Guidance). See OMB Uniform Guidance, 2 CFR part 200, 2 CFR part 1327 (DOC’s implementing regulations), and 2 CFR part 1201 (DOT’s implementing regulation). Accordingly, the Agencies propose to amend the financial and administrative requirements section of the 911 Grant Program as set forth at 47 CFR 400.9 to conform to the OMB Uniform Guidance. Because this is a joint rulemaking, the Agencies will apply the OMB Uniform Guidance without any agency-specific deviations. K. Closeout (47 CFR 400.10) The funds made available from the Public Safety Trust Fund for the new grants are available for obligation until September 30, 2022, and will be cancelled and returned to the Treasury no later than September 30, 2027. The recipients’ right to incur costs under this part will expire as of the end of the period of performance announced in the Notice of Funding Opportunity, but in no event later than July 2, 2027. The Agencies are amending this section to reflect this new date and to update the reference to the new OMB Uniform Guidance. L. Waiver Authority (47 CFR 400.11) It is the general intent of the Agencies that the provisions of the 911 Grant Program regulations not be waived. The Agencies, however, recognize that there may be extraordinary circumstances in which it is in the best interest of the federal government to waive program regulations. Accordingly, the Agencies propose to permit applicants or grant recipients to request waiver of any of the provisions of the program regulations and also to reserve the right for the Agencies to do so on their own initiative. The Agencies recognize that such waiver authority may only be exercised for requirements that are discretionary and not mandated by statute or other applicable law. The Agencies seek comment on this proposal. M. Appendices (47 CFR Part 400, App. A, B, C, and D) The Agencies propose to delete and replace the Appendices from the E–911 Grant Program. In their place, the Agencies propose to insert the following Appendices to conform to the certification requirements contained in the NG911 Advancement Act and to reflect the proposed ability of Tribal Organizations to apply directly for grant funds: Appendix A (Initial Certification E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules For 911 Grant Applicants—States), Appendix B (Initial Certification For 911 Grant Applicants—Tribal Organizations), Appendix C (Annual Certification For 911 Grant Recipients— States), and Appendix D (Annual Certification For 911 Grant Recipients— Tribal Organizations). IV. Public Participation A. How do I prepare and submit comments? Your comments must be written in English. To ensure that your comments are correctly filed in the Docket, please include the docket number listed in this document in your comments. Your primary comments should be no longer than 15 pages. You may attach additional documents to your primary comments. There is no limit on the length of the attachments. You may submit comments identified by Docket No. 170420407–7407–01 by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: National Telecommunications and Information Administration, U.S. Department of Commerce, Attn: NG911 Grant Program, 1401 Constitution Avenue NW., Room 4076, Washington, DC 20230. B. How can I be sure my comments were received? All comments received are a part of the public record and will be posted without change to http:// www.regulations.gov. If you submit your comments by mail, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, you will be notified with the postcard by mail. asabaliauskas on DSKBBXCHB2PROD with PROPOSALS C. Will the Agencies consider late comments? The Agencies will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, the Agencies will also consider comments received after that date. D. How can I read the comments submitted by other people? Comments will be available on http:// www.regulations.gov. Follow the online instructions for accessing the docket. Please note that even after the comment closing date, the Agencies may continue to file relevant information on the docket as it becomes available. Accordingly, the Agencies recommend VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 44137 that you periodically check the docket for new material. Flexibility Analysis is required, and none has been prepared. V. Statutory Basis for This Action Congressional Review Act The Agencies’ proposal would implement modifications to the E–911 Grant Program as required by the NG911 Advancement Act of 2012 (Pub. L. 112– 96, Title VI, Subtitle E, codified at 47 U.S.C. 942). This rulemaking has not been determined to be major under the Congressional Review Act, 5 U.S.C. 801 et seq. VI. Regulatory Analyses and Notices Executive Order 12866 (Regulatory Policies and Procedures) This rulemaking has been determined to be significant under section 3(f) of Executive Order 12866, and therefore, has been reviewed by the Office of Management and Budget (OMB). Executive Order 13771 This rulemaking is exempt from the requirements of Executive Order 13771 because it is a ‘‘transfer rule.’’ Regulatory Flexibility Act The Chief Counsel for Regulation of the Department of Commerce and the Assistant Chief Counsel for the National Highway Traffic Safety Administration have certified to the Small Business Administration Office of Advocacy that this proposed rule would not have a significant economic impact on a substantial number of small entities. Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 U.S.C. 601–612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact on a substantial number of small entities. The majority of potential applicants (56) for 911 grants are U.S. States and Territories, which are not ‘‘small entities’’ for the purposes of the RFA. See 5 U.S.C. 601(5). The remaining potential grant applicants are a small number of Tribal Organizations (approximately 13) with a substantial emergency management/public safety presence within their jurisdictions. Like States, Tribal Organizations are not ‘‘small entities’’ for the purposes of the RFA. See Small Business Regulatory Flexibility Improvements Act of 2015, S. 1536, 114th Cong. § 2(d) (2015) (proposing to add Tribal Organizations to the RFA’s ‘‘small governmental jurisdiction’’ definition, one of three categories of ‘‘small entities’’ in the RFA). Therefore, we have determined under the RFA that this proposed rule would not have a significant economic impact on a substantial number of small entities. Accordingly, no Regulatory PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Executive Order 13132 (Federalism) This proposed rule does not contain policies having federalism implications requiring preparations of a Federalism Summary Impact Statement. Executive Order 12988 (Civil Justice Reform) This rulemaking has been reviewed under Executive Order 12988, Civil Justice Reform, as amended by Executive Order 13175. The Agencies have determined that the proposed rule meets the applicable standards provided in section 3 of the Executive Order to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 12372 (Intergovernmental Consultation) Applications under this program are subject to Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs,’’ which requires intergovernmental consultation with State and local officials. All applicants are required to submit a copy of their applications to their designated State Single Point of Contact (SPOC) offices. See 7 CFR part 3015, subpart V. Executive Order 12630 This proposed rule does not contain policies that have takings implications. Executive Order 13175 (Consultation and Coordination With Indian Tribes) The Agencies have analyzed this proposed rule under Executive Order 13175, and have determined that the proposed action would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal law. The program is voluntary and any Tribal Organization that chooses to apply and subsequently qualifies would receive grant funds. Therefore, a tribal summary impact statement is not required. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires each Federal agency to seek and obtain OMB approval before collecting information from the public. Federal agencies may not collect information unless it displays a currently valid OMB control E:\FR\FM\21SEP1.SGM 21SEP1 asabaliauskas on DSKBBXCHB2PROD with PROPOSALS 44138 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules number. The Agencies’ proposed use of Standard Forms 424 (Application for Federal Assistance), 424A (Budget Information for Non-Construction Programs), 424B (Assurances for NonConstruction Programs), 424C (Budget Information for Construction Programs), 425 (Federal Financial Report), and SF– LLL (Disclosure for Lobbying Activities) has been approved previously by OMB under the respective control numbers 4040–0004, 4040–0005, 4040–0006, 4040–0007, 4040–0014, and 4040–0013. The Agencies will submit a Request for Common Form to OMB to use the previously-approved information collection instruments. The Agencies obtained OMB approval previously for an information collection related to the annual progress reporting and closeout reporting requirements and State 911 Plans for the E–911 Grant Program, under OMB Control Number 2127–0661. At the request of NHTSA, OMB discontinued this information collection on January 31, 2012. The Agencies are seeking a new information collection that will operate as a reinstatement with change of the previously approved information collection. With the new information collection that will operate as a reinstatement with change, the Agencies propose to collect information for the State 911 Plans, and Annual Performance Reports. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the Agencies have submitted the proposed new information collection that will operate as a reinstatement with change to OMB for its review. The Agencies will use the collection of information to ensure that grant recipients are effectively monitored and evaluated against the core purposes of the 911 Grant Program. The Agencies are seeking OMB approval for a period of three years. OMB Control Number: None. Form Number(s): None. Type of Review: Regular. Affected Public: State, local, and Tribal Organizations. Frequency: Once, State 911 Plan; Annually, Annual Performance Report. Number of Respondents: 60 (42 States, District of Columbia, 4 Territories, 13 Tribal Organizations). Average Time per Response: 154 hours (State 911 Plan—94 hours and Annual Performance Report—60 hours). Estimated Total Annual Burden Hours: 9,240 hours. Estimated Total Annual Cost to Public: $400,000 ($244,156 for the State 911 Plan; $155,844 for the Annual Performance Report). Comments are invited on: (a) Whether the proposed collection of information VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Individuals and organizations may send comments on the information collection to the close of the proposed rule’s comment period. Direct all written comments regarding the collection of information to the Office of Information and Regulatory Affairs of OMB, Attention: Desk officer for Department of Commerce, Nicholas A. Fraser. OMB may file public comments, in the form of a Notice of Action, on the collection of information within 60 days of the publication of this NPRM. See 5 CFR 1320.11(c). Unfunded Mandates Reform Act This proposed rule contains no Federal mandates (under the regulatory provision of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. The program is voluntary and States and Tribal Organizations that choose to apply and qualify would receive grant funds. Thus, this rulemaking is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. National Environmental Policy Act The Agencies have reviewed this rulemaking action for the purposes of the National Environmental Policy Act. The Agencies have determined that this proposal would not have a significant impact on the quality of the human environment. Dated: September 14, 2017. Leonard Bechtel, Chief Financial Officer and Director of Administration, Performing the non-exclusive duties of the Assistant Secretary for Communications and Information, National Telecommunications and Information Administration. Jack Danielson, Acting Deputy Administrator, National Highway Traffic Safety Administration. List of Subjects in 47 CFR Part 400 Grant programs, Telecommunications, Emergency response capabilities (911). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 In consideration of the foregoing, the National Telecommunications and Information Administration, Department of Commerce, and the National Highway Traffic Safety Administration, Department of Transportation, propose to revise part 400 in title 47 of the Code of Federal Regulations to read as follows: ■ PART 400—911 GRANT PROGRAM Sec. 400.1 Purpose. 400.2 Definitions. 400.3 Who may apply. 400.4 Application requirements. 400.5 Approval and award. 400.6 Distribution of grant funds. 400.7 Eligible uses for grant funds. 400.8 Continuing compliance. 400.9 Financial and administrative requirements. 400.10 Closeout. 400.11 Waiver authority. Appendix A to Part 400—Initial Certification for 911 Grant Applicants—States Appendix B to Part 400—Initial Certification for 911 Grant Applicants—Tribal Organizations Appendix C to Part 400—Annual Certification for 911 Grant Recipients— States Appendix D to Part 400—Annual Certification for 911 Grant Recipients— Tribal Organizations Authority: 47 U.S.C. 942. § 400.1 Purpose. This part establishes uniform application, approval, award, financial and administrative requirements for the grant program authorized under the ‘‘Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004’’ (ENHANCE 911 Act), as amended by the ‘‘Next Generation 911 Advancement Act of 2012’’ (NG911 Advancement Act). § 400.2 Definitions. As used in this part— 911 Coordinator means a single officer or governmental body of the State in which the applicant is located that is responsible for coordinating implementation of 911 services in that State. 911 services means both E–911 services and Next Generation 911 services. Administrator means the Administrator of the National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation. Assistant Secretary means the Assistant Secretary for Communications and Information, U.S. Department of Commerce, and Administrator of the National Telecommunications and Information Administration (NTIA). Designated 911 charges means any taxes, fees, or other charges imposed by E:\FR\FM\21SEP1.SGM 21SEP1 asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 911, E–911 or NG911 services. E–911 services means both phase I and phase II enhanced 911 services, as described in § 20.18 of this title, as subsequently revised. Emergency call refers to any real-time communication with a public safety answering point or other emergency management or response agency, including— (1) Through voice, text, or video and related data; and (2) Nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications. ICO means the 911 Implementation Coordination Office established under 47 U.S.C. 942 for the administration of the 911 grant program, located at the National Highway Traffic Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., NTI–140, Washington, DC 20590. Integrated telecommunications services means one or more elements of the provision of multiple 911 systems’ or PSAPs’ infrastructure, equipment, or utilities, such as voice, data, image, graphics, and video network, customer premises equipment (such as consoles, hardware, or software), or other utilities, which make common use of all or part of the same transmission facilities, switches, signaling, or control devices (e.g., database, cybersecurity). IP-enabled emergency network or IPenabled emergency system means an emergency communications network or system based on a secured infrastructure that allows secured transmission of information, using Internet Protocol, among users of the network or system. Next Generation 911 services means an IP-based system comprised of hardware, software, data, and operational policies and procedures that— (1) Provides standardized interfaces from emergency call and message services to support emergency communications; (2) Processes all types of emergency calls, including voice, data, and multimedia information; (3) Acquires and integrates additional emergency call data useful to call routing and handling; (4) Delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities; VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 (5) Supports data or video communications needs for coordinated incident response and management; and (6) Provides broadband service to public safety answering points or other first responder entities. PSAP means a public safety answering point, a facility that has been designated to receive emergency calls and route them to emergency service personnel. State means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. Tribal Organization means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant. § 400.3 Who may apply. In order to apply for a grant under this part, an applicant must be a State or Tribal Organization as defined in § 400.2. § 400.4 Application requirements. (a) Contents for a State application. An application for funds for the 911 Grant Program from a State must consist of the following components: (1) State 911 plan. A plan that— (i) Details the projects and activities proposed to be funded for: (A) The implementation and operation of 911 services, E–911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 44139 (ii) Establishes metrics and a time table for grant implementation; and (iii) Describes the steps the applicant has taken to— (A) Coordinate its application with local governments, Tribal Organizations, and PSAPs within the State; (B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant’s administrative expenses related to the 911 Grant Program; and (C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E–911 services, and Next Generation 911 services. (2) Project budget. A project budget for all proposed projects and activities to be funded by the grant funds. Specifically, for each project or activity, the applicant must: (i) Demonstrate that the project or activity meets the eligible use requirement in § 400.7; and (ii) Identify the non-Federal sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost; except that as provided in 48 U.S.C. 1469a, the requirement for non-Federal matching funds (including in-kind contributions) is waived for American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands for grant amounts up to $200,000. (3) Supplemental project budget. States that qualify for a grant under the program may also qualify for additional grant funds that may become available. To be eligible for any such additional grant funds that may become available in accordance with § 400.6, a State must submit, with its application, a supplemental project budget that identifies the maximum dollar amount the State is able to match from nonFederal sources meeting the requirements of 2 CFR 200.306, and includes projects or activities for those grant and matching amounts, up to the total amount in the project budget submitted under paragraph (a)(2) of this section. This information must be provided to the same level of detail as required under paragraph (a)(2) of this section and be consistent with the State 911 Plan required under paragraph (a)(1) of this section. (4) Designated 911 Coordinator. The identification of a single officer or government body to serve as the 911 Coordinator of implementation of 911 services and to sign the certifications required under this part. Such designation need not vest such coordinator with legal authority to E:\FR\FM\21SEP1.SGM 21SEP1 asabaliauskas on DSKBBXCHB2PROD with PROPOSALS 44140 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules implement 911 services, E–911 services, or Next Generation 911 services or to manage emergency communications operations. If a State applicant has established by law or regulation an office or coordinator with the authority to manage 911 services, that office or coordinator must be identified as the designated 911 Coordinator and apply for the grant on behalf of the State. If a State applicant does not have such an office or coordinator established, the Governor of the State must appoint a single officer or governmental body to serve as the 911 Coordinator in order to qualify for a 911 grant. If the designated 911 Coordinator is a governmental body, an official representative of the governmental body shall be identified to sign the certifications for the 911 Coordinator. The State must notify NHTSA in writing within 30 days of any change in appointment of the 911 Coordinator. (5) Certifications. The certification in Appendix A of this part, signed by the 911 Coordinator, certifying that the applicant has complied with the required statutory and programmatic conditions in submitting its application. The applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the State has not diverted any portion of designated 911 charges imposed by the State for any purpose other than the purposes for which such charges are designated or presented, that no taxing jurisdiction in the State that will be a recipient of 911 grant funds has diverted any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated or presented, and that, continuing through the time period during which grant funds are available, neither the State nor any taxing jurisdiction in the State that is a recipient of 911 grant funds will divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented. (b) Contents for a Tribal Organization application. An application for funds for the 911 Grant Program from a Tribal Organization must consist of the following components: (1) Tribal Organization 911 Plan. A plan that— (i) Details the projects and activities proposed to be funded for: (A) The implementation and operation of 911 services, E–911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 (B) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (C) Training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. (ii) Establishes metrics and a time table for grant implementation; and (iii) Describes the steps the applicant has taken to— (A) Coordinate its application with PSAPs within the Tribal Organization’s jurisdiction; (B) Ensure that at least 90 percent of the grant funds will be used for the direct benefit of PSAPs and not more than 10 percent of the grant funds will be used for the applicant’s administrative expenses related to the 911 Grant Program; and (C) Involve integrated telecommunications services in the implementation and delivery of 911 services, E–911 services, and Next Generation 911 services. (2) Project budget. A project budget for all proposed projects and activities to be funded by the grant funds. Specifically, for each project or activity, the applicant must: (i) Demonstrate that the project or activity meets the eligible use requirement in § 400.7; and (ii) Identify the allowable sources, which meet the requirements of 2 CFR 200.306, that will fund at least 40 percent of the cost. (3) Supplemental project budget. Tribal Organizations that qualify for a grant under the program may also qualify for additional grant funds that may become available. To be eligible for any such additional grant funds that may become available in accordance with § 400.6, a Tribal Organization must submit, with its application, a supplemental project budget that identifies the maximum dollar amount the Tribal Organization is able to match from allowable sources meeting the requirements of 2 CFR 200.306, and includes projects or activities for those grant and matching amounts, up to the total amount in the project budget submitted under paragraph (b)(2) of this section. This information must be provided to the same level of detail as required under paragraph (b)(2) of this section and be consistent with the Tribal Organization 911 Plan required under paragraph (b)(1) of this section. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 (4)(a) Designated 911 Coordinator. Written identification of the single State officer or government body serving as the 911 Coordinator of implementation of 911 services in the State (or States) in which the Tribal Organization is located. If a State has not designated an officer or government body to coordinate such services, the Governor of the State must appoint a single officer or governmental body to serve as the 911 Coordinator in order for the Tribal Organization to qualify for a 911 grant. The Tribal Organization must notify NHTSA in writing within 30 days of any change in appointment of the 911 Coordinator. (b) Responsible Tribal Organization Official. Written identification of the official responsible for executing the grant agreement and signing the required certifications on behalf of the Tribal Organization. (5) Certifications. The certification in Appendix B of this part, signed by the responsible official of the Tribal Organization, certifying that the applicant has complied with the required statutory and programmatic conditions in submitting its application. The applicant must certify that during the time period 180 days immediately preceding the date of the initial application, the taxing jurisdiction (or jurisdictions) within which the applicant is located has not diverted any portion of designated 911 charges imposed by the taxing jurisdiction (or jurisdictions) within which the applicant is located for any purpose other than the purposes for which such charges are designated or presented and that, continuing through the time period during which grant funds are available, the taxing jurisdiction (or jurisdictions) within which the applicant is located will not divert designated 911 charges for any purpose other than the purposes for which such charges are designated or presented. (c) Due dates—(1) Initial application deadline. The applicant must submit the certification set forth in Appendix A of this part if a State, or Appendix B of this part if a Tribal Organization, no later than the initial application deadline published in the Notice of Funding Opportunity. Failure to meet this deadline will preclude the applicant from receiving consideration for a 911 grant award. (2) Final application deadline. After publication of the funding allocation for the 911 Grant Program in a revised Notice of Funding Opportunity, applicants that have complied with paragraph (c)(1) of this section will be given additional time in which to submit remaining application E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules documents in compliance with this section, including a supplemental project budget. The revised Notice of Funding Opportunity will provide such deadline information. Failure to meet this deadline will preclude the applicant from receiving consideration for a 911 grant award. § 400.5 Approval and award. (a) The ICO will review each application for compliance with the requirements of this part. (b) The ICO may request additional information from the applicant, with respect to any of the application submission requirements of § 400.4, prior to making a recommendation for an award. Failure to submit such additional information may preclude the applicant from further consideration for award. (c) The Administrator and Assistant Secretary will jointly approve and announce, in writing, grant awards to qualifying applicants. asabaliauskas on DSKBBXCHB2PROD with PROPOSALS § 400.6 Distribution of grant funds. (a) Funding allocation. Except as provided in paragraph (b) of this section— (1) Grant funds for each State that meets the certification requirements set forth in § 400.4 will be allocated— (i) 50 percent in the ratio which the population of the State bears to the total population of all the States, as shown by the latest available Federal census; and (ii) 50 percent in the ratio which the public road mileage in each State bears to the total public road mileage in all States, as shown by the latest available Federal Highway Administration data. (2) Grant funds for each Tribal Organization that meets the certification requirements set forth in § 400.4 will be allocated— (i) 50 percent in the ratio to which the population of the Tribal Organization bears to the total population of all Tribal Organizations, as determined by the most recent population data on American Indian/Alaska Native Reservation of Statistical Area; and (ii) 50 percent in the ratio which the public road mileage in each Tribal Organization bears to the total public road mileage in tribal areas, using the most recent national tribal transportation facility inventory data. (2) Supplemental project budgets. As set forth in § 400.4(a)(3) and (b)(3), the Agencies reserve the right to allocate additional funds based on supplemental project budgets. (b)(1) Minimum distribution. The distribution to each qualifying State under paragraph (b) of this section shall not be less than $500,000, except that VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 the distribution to American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands shall not be less than $250,000. (2) Tribal Organization set-aside. Up to 2 percent of grant funds available under this part will be set aside for distribution to qualifying Tribal Organizations for a 911 grant. The distribution to each qualifying Tribal Organization shall not be more than $250,000. Any remaining funds after distribution to qualifying Tribal Organizations under this subparagraph will be released for distribution to the States consistent with paragraph (a) of this section. (c) Additional notices of funding opportunity. Grant funds that are not distributed under paragraph (a) of this section may be made available to States and Tribal Organizations through subsequent Notices of Funding Opportunity. § 400.7 Eligible uses for grant funds. Grant funds awarded under this part may be used only for: (a) The implementation and operation of 911 services, E–911 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 911 services and applications; (b) The implementation of IP-enabled emergency services and applications enabled by Next Generation 911 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and (c) 911-related training of public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 911 services. § 400.8 Continuing compliance. (a) A grant recipient must submit on an annual basis 30 days after the end of each fiscal year during which grant funds are available, the certification set forth in Appendix C of this part if a State, or Appendix D of this part if a Tribal Organization, making the same certification concerning the diversion of designated 911 charges. (b) In accordance with 47 U.S.C. 942(c), where a recipient knowingly provides false or inaccurate information in its certification related to the diversion of designated 911 charges, the recipient shall— (1) Not be eligible to receive the grant under this part; PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 44141 (2) Return any grant awarded under this part during the time that the certification was not valid; and (3) Not be eligible to receive any subsequent grants under this part. § 400.9 Financial and administrative requirements. (a) General. The requirements of 2 CFR part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including applicable cost principles referenced at subpart E, govern the implementation and management of grants awarded under this part. (b) Reporting requirements—(1) Performance reports. Each grant recipient shall submit an annual performance report to NHTSA, following the procedures of 2 CFR 200.328, within 90 days after each fiscal year that grant funds are available, except when a final report is required under § 400.10(b)(2). (2) Financial reports. Each recipient shall submit quarterly financial reports to NHTSA, following the procedures of 2 CFR 200.327, within 30 days after each fiscal quarter that grant funds are available, except when a final voucher is required under § 400.10(b)(1). § 400.10 Closeout. (a) Expiration of the right to incur costs. The right to incur costs under this part will expire as of the end of the period of performance. The grant recipient and its subrecipients and contractors may not incur costs for Federal reimbursement past the expiration date. (b) Final submissions. Within 90 days after the completion of projects and activities funded under this part, but in no event later than the expiration date identified in paragraph (a) of this section, each grant recipient must submit— (1) A final voucher for the costs incurred. The final voucher constitutes the final financial reconciliation for the grant award. (2) A final report to NHTSA, following the procedures of 2 CFR 200.343(a). (c) Disposition of unexpended balances. Any funds that remain unexpended after closeout shall cease to be available to the recipient and shall be returned to the government. § 400.11 Waiver authority. It is the general intent of the ICO not to waive any of the provisions set forth in this part. However, under extraordinary circumstances and when it is in the best interest of the federal E:\FR\FM\21SEP1.SGM 21SEP1 44142 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules government, the ICO, upon its own initiative or when requested, may waive the provisions in this part. Waivers may only be granted for requirements that are discretionary and not mandated by statute or other applicable law. Any request for a waiver must set forth the extraordinary circumstances for the request. asabaliauskas on DSKBBXCHB2PROD with PROPOSALS Appendix A To Part 400—Initial Certification For 911 Grant Applicants—States (To be submitted as part of the initial application) I. On behalf of [State/Territory], I, [print name], hereby certify that: (check only one box below) b [State or Territory] has established by law or regulation [name of 911 office/ coordinator] with the authority to manage 911 services in the State, and I am its representative. See [citation to State law or rule]. [Name of 911 office/ coordinator] will serve as the designated 911 Coordinator. b [State or Territory] does not have an office or coordinator with the authority to manage 911 services, and the Governor of [State or Territory] has designated (check only one circle below) Æ me as the State’s single officer to serve as the 911 Coordinator of 911 services implementation; or Æ [governmental body] as the State’s single governmental body, to serve as the 911 Coordinator of 911 services implementation, and I am its representative. (check all boxes below) b The State has coordinated the application with local governments, Tribal Organizations and PSAPs within the State. b The State has established a State 911 Plan, consistent with the implementing regulations, for the coordination and implementation of 911 services, E–911 services, and Next Generation 911 services. b The State will ensure that at least 90 percent of the grant funds are used for the direct benefit of PSAPs. b The State has integrated telecommunications services involved in the implementation and delivery of 911 services, E–911 services, and Next Generation 911 services. II. I further certify that the State has not diverted and will not divert any portion of designated 911 charges imposed by the State for any purpose other than the purposes for which such charges are designated or presented from the time period 180 days preceding the date of the application and continuing through the time period during which grant funds are available. I further certify that no taxing jurisdiction in the State that will receive 911 grant funds has diverted any portion of the designated 911 charges for any purpose other than the purposes for which such charges are designated or presented from the time period 180 days preceding the date of the application. VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 I further certify that the State will ensure that each taxing jurisdiction in the State that receives 911 grant funds does not divert any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated during the time period which grant funds are available. I agree that, as a condition of receipt of the grant, the State will return all grant funds if the State obligates or expends, at any time for the full duration of this grant, designated 911 charges for any purpose other than the purposes for which such charges are designated or presented, eliminates such charges, or redesignates such charges for purposes other than the implementation or operation of 911 services, E–911 services, or Next Generation 911 services, and that if a taxing jurisdiction in the State that receives 911 grant funds diverts any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated during the time period which grant funds are available, the State will ensure that 911 grant funds distributed to that taxing jurisdiction are returned. III. I further certify that the State will comply with all applicable laws and regulations and financial and programmatic requirements for Federal grants. lllllllllllllllllllll Signature of State 911 Coordinator (or representative of single governmental body) lllllllllllllllllllll Title lllllllllllllllllllll Date Appendix B To Part 400—Initial Certification For 911 Grant Applicants—Tribal Organizations (To be submitted as part of the initial application) I. On behalf of [Tribal Organization], I, [print name], hereby certify that: (check all boxes below) b The Tribal Organization has coordinated the application with PSAPs within its jurisdiction. b The Tribal Organization has established a 911 Plan, consistent with the implementing regulations, for the coordination and implementation of 911 services, E–911 services, and Next Generation 911 services. b The Tribal Organization will ensure that at least 90 percent of the grant funds are used for the direct benefit of PSAPs. b The Tribal Organization has integrated telecommunications services involved in the implementation and delivery of 911 services, E–911 services, and Next Generation 911 services. II. I further certify that the taxing jurisdiction (or jurisdictions) within which the Tribal Organization is located has not diverted and will not divert any portion of designated 911 charges imposed by the taxing jurisdiction (or jurisdictions) within which the Tribal Organization is located for any purpose other than the purposes for PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 which such charges are designated or presented from the time period 180 days preceding the date of the application and continuing through the time period during which grant funds are available. III. I agree that, as a condition of receipt of the grant, the Tribal Organization will return all grant funds if the taxing jurisdiction (or jurisdictions) within which the Tribal Organization is located obligates or expends, at any time for the full duration of this grant, designated 911 charges for any purpose other than the purposes for which such charges are designated or presented, eliminates such charges, or redesignates such charges for purposes other than the implementation or operation of 911 services, E–911 services, or Next Generation 911 services. IV. I further certify that the Tribal Organization will comply with all applicable laws and regulations and financial and programmatic requirements for Federal grants. V. The single State officer or government body serving as the 911 Coordinator of implementation of 911 services in each State in which the Tribal Organization is located is ___. lllllllllllllllllllll Signature of Responsible Official lllllllllllllllllllll Title lllllllllllllllllllll Date Appendix C To Part 400—Annual Certification For 911 Grant Recipients—States (To be submitted annually after grant award while grant funds are available) On behalf of [State/Territory], I, [print name], hereby certify that the State has not diverted any portion of designated 911 charges imposed by the State for any purpose other than the purposes for which such charges are designated or presented from the time period 180 days preceding the date of the application and continuing throughout the time period during which grant funds are available. I further certify that no taxing jurisdiction in the State that will receive 911 grant funds has diverted any portion of the designated 911 charges for any purpose other than the purposes for which such charges are designated or presented from the time period 180 days preceding the date of the application. I further certify that the State will ensure that each taxing jurisdiction in the State that receives 911 grant funds does not divert any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated during the time period which grant funds are available. I agree that, as a condition of receipt of the grant, the State will return all grant funds if the State obligates or expends, at any time for the full duration of this grant, designated 911 charges for any purpose other than the purposes for which such charges are designated or presented, eliminates such charges, or redesignates such charges for purposes other than the implementation or E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules asabaliauskas on DSKBBXCHB2PROD with PROPOSALS operation of 911 services, E–911 services, or Next Generation 911 services, and that if a taxing jurisdiction in the State that receives 911 grant funds diverts any portion of designated 911 charges imposed by the taxing jurisdiction for any purpose other than the purposes for which such charges are designated during the time period which grant funds are available, the State will ensure that 911 grant funds distributed to that taxing jurisdiction are returned. lllllllllllllllllllll Signature of State 911 Coordinator (or representative of single governmental body) lllllllllllllllllllll Title lllllllllllllllllllll Date DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 367 [Docket No. FMCSA–2017–0118] RIN 2126–AC03 Fees for the Unified Carrier Registration Plan and Agreement Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of proposed rulemaking; request for comments. AGENCY: FMCSA proposes to establish reductions in the annual registration fees collected from motor carriers, motor Appendix D To Part 400—Annual private carriers of property, brokers, Certification For 911 Grant freight forwarders, and leasing Recipients—Tribal Organizations companies for the Unified Carrier (To be submitted annually after grant award Registration (UCR) Plan and Agreement while grant funds are available) for the registration years 2018, 2019 and On behalf of [Tribal Organization], I, [print subsequent years. For the 2018 name], hereby certify that the taxing registration year, the fees would be jurisdiction (or jurisdictions) within which reduced below the current level by the Tribal Organization is located has not approximately 9.10% to ensure that fee diverted and will not divert any portion of revenues do not exceed the statutory designated 911 charges imposed by the maximum, and to account for the excess taxing jurisdiction (or jurisdictions) within funds held in the depository. For the which the Tribal Organization is located for 2019 registration year, the fees would be any purpose other than the purposes for reduced below the current level by which such charges are designated or approximately 4.55% to ensure the fee presented from the time period 180 days revenues in that and future years do not preceding the date of the application and exceed the statutory maximum. continuing through the time period during which grant funds are available. DATES: Comments on this notice of I further certify that the Tribal proposed rulemaking must be received Organization will ensure that the taxing on or before October 2, 2017. jurisdiction (or jurisdictions) within which ADDRESSES: You may submit comments the Tribal Organization is located that identified by Docket Number FMCSA– receives 911 grant funds does not divert any 2017–0118 using any of the following portion of designated 911 charges imposed methods: by the taxing jurisdiction (or jurisdictions) • Federal eRulemaking Portal: http:// for any purpose other than the purposes for which such charges are designated during the www.regulations.gov. Follow the online instructions for submitting comments. time period which grant funds are available. • Mail: Docket Management Facility, I agree that, as a condition of receipt of the grant, the Tribal Organization will return all U.S. Department of Transportation, 1200 grant funds if the taxing jurisdiction (or New Jersey Avenue SE., West Building, jurisdictions) within which the Tribal Ground Floor, Room W12–140, Organization is located obligates or expends, Washington, DC 20590–0001. at any time for the full duration of this grant, • Hand Delivery or Courier: West designated 911 charges for any purpose other Building, Ground Floor, Room W12– than the purposes for which such charges are 140, 1200 New Jersey Avenue SE., designated or presented, eliminates such Washington, DC, between 9 a.m. and 5 charges, or redesignates such charges for p.m., Monday through Friday, except purposes other than the implementation or Federal holidays. operation of 911 services, E–911 services, or • Fax: 202–493–2251. Next Generation 911 services. To avoid duplication, please use only lllllllllllllllllllll one of these four methods. See the Signature of Responsible Official ‘‘Public Participation and Request for lllllllllllllllllllll Comments’’ portion of the Title SUPPLEMENTARY INFORMATION section for lllllllllllllllllllll instructions on submitting comments, Date including collection of information [FR Doc. 2017–19944 Filed 9–20–17; 8:45 am] comments for the Office of Information and Regulatory Affairs, OMB. BILLING CODE 3510–60–P VerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 SUMMARY: PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 44143 Mr. Gerald Folsom, Office of Registration and Safety Information, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590–0001 by telephone at 202– 385–2405. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is organized as follows: FOR FURTHER INFORMATION CONTACT: I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Waiver of Advance Notice of Proposed Rulemaking II. Executive Summary A. Purpose and Summary of the Major Provisions B. Benefits and Costs III. Abbreviations and Acronyms IV. Legal Basis V. Statutory Requirements A. Legislative History B. Fee Requirements VI. Background VII. Discussion of Proposed Rulemaking VIII. Section-by-Section Analysis IX. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs C. Regulatory Flexibility Act (Small Entities) D. Assistance for Small Entities E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act (Collection of Information) G. E.O. 13132 (Federalism) H. E.O. 12988 (Civil Justice Reform) I. E.O. 13045 (Protection of Children) J. E.O. 12630 (Taking of Private Property) K. Privacy L. E.O. 12372 (Intergovernmental Review) M. E.O. 13211 (Energy Supply, Distribution, or Use) N. E.O. 13175 (Indian Tribal Governments) O. National Technology Transfer and Advancement Act (Technical Standards) P. Environment (NEPA, CAA, Environmental Justice) I. Public Participation and Request for Comments A. Submitting Comments If you submit a comment, please include the docket number for this NPRM (Docket No. FMCSA–2017– 0118), indicate the specific section of this document to which each section applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of E:\FR\FM\21SEP1.SGM 21SEP1

Agencies

[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Proposed Rules]
[Pages 44131-44143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19944]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

47 CFR Part 400

[Docket No. 170420407-7407-01]
RIN 0660-AA33; RIN 2127-AL86


911 Grant Program

AGENCY: National Telecommunications and Information Administration 
(NTIA), Department of Commerce (DOC); and National Highway Traffic 
Safety Administration (NHTSA), Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes revised implementing regulations for the 
911 Grant Program, as a result of the enactment of the Next Generation 
911 (NG911) Advancement Act of 2012. The 911 Grant Program provides 
grants to improve 911 services, E-911 services, and NG911 services and 
applications. NTIA and NHTSA (the Agencies) request comments on this 
proposed rule.

DATES: Comments must be received by November 6, 2017 at 5:00 p.m. 
Eastern Standard Time.

ADDRESSES: You may submit comments identified by Docket No. 170420407-
7407-01 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: National Telecommunications and Information 
Administration, U.S. Department of Commerce, Attn: NG911 Grant Program, 
1401 Constitution Avenue NW., Room 4076, Washington, DC 20230.
    Instructions: Please note that all material sent via the U.S. 
Postal Service (including Overnight or Express Mail) is subject to 
delivery delays of up to two weeks due to mail security procedures. 
Responders should include the name of the person or organization filing 
the comment, as well as a page number, on each page of their 
submissions. Paper submissions should also include an electronic 
version on CD or DVD in .txt, .pdf, or Word format (please specify 
version), which should be labeled with the name and organizational 
affiliation of the filer and the name of the word

[[Page 44132]]

processing program used to create the document. Note that all comments 
received are a part of the public record and will be posted without 
change to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:
    For program issues: Daniel Phythyon, Telecommunications Policy 
Specialist, Office of Public Safety Communications, National 
Telecommunications and Information Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Room 4076, Washington, DC 
20230; telephone: (202) 482-5018; email: DPhythyon@ntia.doc.gov; or 
Laurie Flaherty, Coordinator, National 911 Program, Office of Emergency 
Medical Services, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE., NPD-400, Washington, DC 20590; telephone: (202) 
366-2705; email: Laurie.Flaherty@dot.gov.
    For legal issues: Michael Vasquez, Attorney-Advisor, Office of the 
Chief Counsel, National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Room 4713, Washington, DC 20230; telephone: (202) 482-1816; email: 
MVasquez@ntia.doc.gov; or Megan Brown, Attorney-Advisor, Office of the 
Chief Counsel, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE., NCC-300, Washington, DC 20590; telephone: (202) 366-
1834; email: Megan.Brown@dot.gov.
    For media inquiries: Stephen F. Yusko, Public Affairs Specialist, 
Office of Public Affairs, National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Room 4897, Washington, DC 20230; telephone: (202) 482-7002; email: 
press@ntia.doc.gov; or Karen Aldana, Public Affairs Specialist, Office 
of Communications and Consumer Information, National Highway Traffic 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Room W52-306, Washington DC 20590; telephone: (202) 
366-3280; email: karen.aldana@dot.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Summary of the NG911 Advancement Act of 2012
III. Proposed Regulations
    A. Heading
    B. Purpose
    C. Definitions
    D. Who May Apply
    E. Application Requirements
    F. Approval and Award
    G. Distribution of Grant Funds
    H. Eligible Uses for Grant Funds
    I. Continuing Compliance
    J. Financial and Administrative Requirements
    K. Closeout
    L. Waiver Authority
    M. Appendices
IV. Public Participation
V. Statutory Basis for This Action
VI. Regulatory Analyses and Notices

I. Background

    In 2009, NTIA and NHTSA issued regulations implementing the E-911 
Grant Program enacted in the Ensuring Needed Help Arrives Near Callers 
Employing 911 (ENHANCE 911) Act of 2004 (Pub. L. 108-494, codified at 
47 U.S.C. 942) (74 FR 26965, June 5, 2009). Accordingly, in 2009, NTIA 
and NHTSA made more than $40 million in grants available to 30 States 
and Territories to help 911 call centers nationwide upgrade equipment 
and operations through the E-911 Grant Program.
    In 2012, the NG911 Advancement Act of 2012 (Middle Class Tax Relief 
and Job Creation Act of 2012, Pub. L. 112-96, Title VI, Subtitle E 
(codified at 47 U.S.C. 942)) enacted changes to the program. The NG911 
Advancement Act provides new funding for grants to be used for the 
implementation and operation of 911 services, E-911 services, migration 
to an IP-enabled emergency network, and adoption and operation of NG911 
services and applications; the implementation of IP-enabled emergency 
services and applications enabled by Next Generation 911 services, 
including the establishment of IP backbone networks and the application 
layer software infrastructure needed to interconnect the multitude of 
emergency response organizations; and training public safety personnel, 
including call-takers, first responders, and other individuals and 
organizations who are part of the emergency response chain in 911 
services. In 2016, about $115 million from spectrum auction proceeds 
were deposited into the Public Safety Trust Fund and made available to 
NTIA and NHTSA for the 911 Grant Program.\1\
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    \1\ The Public Safety Trust Fund (TAS 13-12/22-8233) is an 
account established in the Treasury and managed by NTIA. From this 
account, NTIA makes available funds for a number of public safety 
related programs, including the 911 Grant Program. See 47 U.S.C. 
1457(b)(6).
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    For more than 40 years, local and state 911 call centers, also 
known as Public Safety Answering Points (PSAPs), have served the public 
in emergencies. PSAPs receive incoming 911 calls from the public and 
dispatch the appropriate emergency responders, such as police, fire, 
and emergency medical services, to the scene of emergencies. The 
purpose of the 911 Grant Program is to provide federal funding to 
support the transition of PSAPs and their interconnecting 911 network 
and core services, to facilitate migration to an IP-enabled emergency 
network, and adoption and operation of NG911 services and applications.
    There are approximately 6,000 PSAPs nationwide that are responsible 
for answering and processing 911 calls requiring a response from 
police, fire, and emergency medical services agencies.\2\ PSAPs 
collectively handle more than an estimated 240 million 911 calls each 
year.\3\ About 70 percent of all 911 calls annually are placed from 
wireless phones.\4\ Besides the public, PSAPs communicate with third-
party call centers, other PSAPs, emergency service providers (e.g., 
dispatch agencies, first responders, and other public safety entities), 
and State emergency operations centers.\5\ Most PSAPs rely on decades-
old, narrowband, circuit-switched networks capable of carrying only 
voice calls and very limited amounts of data.\6\ Advances in consumer 
technology offering capabilities such as text messaging and video 
communications have quickly outpaced those of PSAPs, which often cannot 
support callers who wish to send text messages, images, video, and 
other communications that utilize large amounts of data (e.g., 
telematics, sensor information).\7\
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    \2\ Federal Communications Commission (FCC), Final Report of the 
Task Force on Optimal PSAP Architecture (TFOPA) at 15 (Jan. 29, 
2016), available at https://transition.fcc.gov/pshs/911/TFOPA/TFOPA_FINALReport_012916.pdf (TFOPA Final Report). The National 
Emergency Number Association (NENA) estimates that there are 5,874 
primary and secondary PSAPs as of January 2017. NENA 9-1-1 
Statistics, available at http://www.nena.org/?page=911Statistics.
    \3\ TFOPA Final Report at 15. See also, NENA 9-1-1 Statistics, 
available at http://www.nena.org/?page=911Statistics.
    \4\ Id.
    \5\ TFOPA Final Report at 15.
    \6\ Id.
    \7\ Id.
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    While there are still an estimated 50 counties that are using 
``Basic'' 911 infrastructure, the majority of State and local 
jurisdictions have completed the process of updating their 911 
network's infrastructure since the ENHANCE 911 Act was passed in 
2004.\8\ As of January 2017, data collected by the National Emergency 
Number Association (NENA) show that 98.6 percent of PSAPs are capable 
of receiving Phase II E-911 \9\ calls, providing E-911 service to 98.6 
percent of the U.S. population and 96.5

[[Page 44133]]

percent of our country's counties.\10\ With the transition to E-911 
essentially completed, State and local jurisdictions are now focused on 
migrating to NG911 infrastructure.
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    \8\ NENA 9-1-1 Statistics, available at http://www.nena.org/?page=911Statistics.
    \9\ See 47 CFR 20.18(e), (h) (defining Phase II enhanced 911 
service).
    \10\ NENA 9-1-1 Statistics.
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    NG911 is an initiative to modernize today's 911 services so that 
citizens, first responders, and 911 call-takers can use IP-based, 
broadband-enabled technologies to coordinate emergency responses.\11\ 
Using multiple formats, such as voice, text messages, photos, and 
video, NG911 enables 911 calls to contain real-time caller location and 
emergency information, improve coordination among the nation's PSAPs, 
dynamically re-route calls based on location and PSAP congestion, and 
connect first responders to key health and government services in the 
event of an emergency.\12\
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    \11\ National 911 Program, Next Generation 911 for Leaders in 
Law Enforcement Educational Supplement at 3, available at https://www.911.gov/ng911_law/download/NG911_Resize_Mar2013_FINAL_LR.pdf.
    \12\ Id. at 4-5.
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    Data collected by the National 911 Profile Database in 2016 show 
that 20 of the 46 States submitting data have adopted a statewide NG911 
plan, 17 of 46 States are installing and testing basic components of 
the NG911 infrastructure, 10 of 45 States have 100 percent of their 
PSAPs connected to an Emergency Services IP Network, and 9 of 45 States 
are using NG911 infrastructure to receive and process 911 voice 
calls.\13\ These data suggest that most State and local jurisdictions 
have already invested in and completed implementation of both basic 911 
services and E-911 services and are focused on migration to NG911. The 
911 Grant Program now seeks to provide financial support for investment 
in the forward-looking technology of NG911 as contemplated by the NG911 
Advancement Act.
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    \13\ National 911 Program, 2016 National 911 Progress Report at 
3, 85, 89 (Dec. 2016), available at https://www.911.gov/pdf/National-911-Program-2016-ProfileDatabaseProgressReport-120516-1.pdf.
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II. Summary of the NG911 Advancement Act of 2012

    The NG911 Advancement Act modifies the 911 Grant Program to 
incorporate NG911 services while preserving the basic structure of the 
program, which provided matching grants to eligible State and local 
governments and Tribal Organizations for the implementation and 
operation of Phase II services, E-911 services, or migration to an IP-
enabled emergency network.
    The NG911 Advancement Act, however, broadens the eligible uses of 
funds from the 911 Grant Program to include: Adoption and operation of 
NG911 services and applications; the implementation of IP-enabled 
emergency services and applications enabled by NG911 services, 
including the establishment of IP backbone networks and the application 
layer software infrastructure needed to interconnect the multitude of 
emergency response organizations; and training public safety personnel, 
including call-takers, first responders, and other individuals and 
organizations who are part of the emergency response chain in 911 
services.\14\ The NG911 Advancement Act also increases the maximum 
Federal share of the cost of a project eligible for a grant from 50 
percent to 60 percent.\15\
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    \14\ 47 U.S.C. 942(b)(1).
    \15\ 47 U.S.C. 942(b)(2).
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    States or other taxing jurisdictions that have diverted fees 
collected for 911 services remain ineligible for grants under the 
program and a State or jurisdiction that diverts fees during the term 
of the grant must repay all grant funds awarded.\16\ The NG911 
Advancement Act further clarifies that prohibited diversion of 911 fees 
includes elimination of fees as well as redesignation of fees for 
purposes other than implementation or operation of 911 services, E-911 
services, or NG911 services during the term of the grant.\17\
---------------------------------------------------------------------------

    \16\ 47 U.S.C. 942(c). See also FCC, Eighth Annual Report to 
Congress on State Collection and Distribution of 911 and Enhanced 
911 Fees and Charges (Dec. 30, 2016), available at https://apps.fcc.gov/edocs_public/attachmatch/DA-17-61A2.pdf (reporting 
that, of the 53 states and territories that reported information for 
the 2015 calendar year, eight states and Puerto Rico diverted or 
transferred 911 fees).
    \17\ 47 U.S.C. 942(c)(3).
---------------------------------------------------------------------------

III. Proposed Regulations

    This NPRM proposes modifications to the E-911 Grant Program 
regulations to implement the changes to the program enacted in the 
NG911 Advancement Act. With the exception of the proposed changes 
discussed below, the Agencies propose to retain the E-911 Grant Program 
regulations set forth at 47 CFR part 400. The Agencies seek comments on 
this proposal.

A. Heading (47 CFR Part 400)

    The Agencies propose to amend the heading of Part 400 from ``E-911 
Grant Program'' to ``911 Grant Program'' to reflect the reauthorization 
of the grant program.

B. Purpose (47 CFR 400.1)

    The Agencies propose to update the Purpose section of the 911 Grant 
Program regulations set forth at Sec.  400.1 to conform to the NG911 
Advancement Act.

C. Definitions (47 CFR 400.2)

    The NG911 Advancement Act includes new definitions and makes 
changes to current definitions to include NG911 services in the 911 
Grant Program. The Agencies therefore propose to add definitions for: 
911 services, emergency call, Next Generation 911 services, and Tribal 
Organization. The Agencies also propose to revise the definitions for: 
Designated E-911 charges, E-911 Coordinator, E-911 services, integrated 
telecommunications services, ICO, PSAP, and State. The Agencies also 
propose to remove the definitions for eligible entity and Phase II E-
911 services.

D. Who May Apply (47 CFR 400.3)

    The E-911 Grant Program regulations only permit States to apply for 
grant funds on behalf of all local governments, Tribal Organizations, 
and PSAPs located within their jurisdiction. States were required to 
coordinate their applications with these entities. This approach 
streamlined the prior grant process and minimized administrative costs 
of the program, while at the same time, providing safeguards to ensure 
participation by local governments, Tribal Organizations, and PSAPs. 
While the Agencies recognize the importance of coordination between 
States and Tribal Organizations, directing States to coordinate with 
Tribal Organizations did not result in adequate funding to improve 
PSAPs serving tribal areas. The fact that tribes are sovereign nations 
and that some tribal areas cross State lines further complicated this 
issue.
    The Agencies seek to provide equitable funding in a practical 
manner to ensure the most efficient use of funds to produce maximum 
benefit in implementing NG911 services. In this NPRM, the Agencies 
propose to retain the ability of States to apply for funding on behalf 
of all entities within their jurisdiction, but also to permit Tribal 
Organizations to apply directly for 911 grants under certain 
circumstances. The Agencies seek comment on this proposal as well as on 
any challenges that Tribal Organizations may face under this grant 
program. Specifically, the Agencies ask commenters to address the 
following questions:
    i. If the 911 Grant Program were open to Tribal Organizations 
directly, would tribal PSAPs be able to meet the application 
requirements provided in proposed 47 CFR 400.4, including statutory 
requirements such as the matching requirement and non-

[[Page 44134]]

diversion certifications? What would be the challenges with providing 
the necessary certifications, if any?
    ii. A Tribal Organization applying for a 911 Program Grant must 
identify the designated State 911 Coordinator(s) and provide 
certifications that the Tribal Organization has not diverted designated 
911 charges. What would be the challenges associated with providing 
this information, if any?
    iii. Do the tribal PSAPs collect 911 surcharge fees and/or receive 
State-provided 911 surcharge funds? If so, are Tribal Organizations 
able to certify that tribal sub-entities are not diverting 911 
surcharge fees?
    iv. What other tribal PSAP issues or challenges should NHTSA and 
NTIA consider when determining how to involve tribal entities in this 
grant program?

E. Application Requirements (47 CFR 400.4)

    The Agencies propose to retain, with some modifications as 
specified below, the general components of an application for a 911 
grant. In order to accommodate applications from Tribal Organizations, 
the Agencies propose to reorganize Sec.  400.4 to provide separate 
application requirement instructions for State (Sec.  400.4(a)) and 
Tribal Organization (Sec.  400.4(b)) applicants. The Agencies seek 
specific comments on the application of these requirements to Tribal 
Organizations (see questions concerning Tribal Organizations above).
1. State/Tribal 911 Plan
    The Agencies propose to retain the State 911 Plan requirements with 
minor modifications. Specifically, the Agencies propose to update 
references to E-911 and migration to an IP-enabled emergency network to 
reflect statutory language in the NG911 Advancement Act. In addition, 
the Agencies propose to remove the requirement to give priority to 
communities without 911 from the current E-911 Grant Program 
regulations, Sec.  400.4(a)(1)(iii), to conform to the NG911 
Advancement Act.
    The Agencies propose similar Tribal 911 Plan requirements in Sec.  
400.4(b).
2. Project Budget
    The Agencies propose to retain the project budget requirements. 
However, the NG911 Advancement Act increased the maximum Federal share 
of the total cost of a project undertaken as a result of this grant 
program from 50 percent to 60 percent. The Agencies propose to amend 
Sec.  400.4(a) accordingly.
3. Supplemental Project Budget and Proposed Two-Step Application 
Process
    In 2009, the Agencies allocated E-911 Grant Program funding to all 
States under the assumption that all States would qualify for an award. 
Those preliminary funding levels were published in Appendix A to the 
rule. Some States, however, were unable to meet the non-Federal 
matching requirement or to make the required certifications, and 
therefore rendered the initial funding allocations inaccurate. While 
the Agencies were able to adjust the funding allocations, this caused 
some delay in providing full funding to those States participating in 
the program. The Agencies seek comment on whether to retain the single 
application structure that requires an applicant to provide a 
supplemental budget submission in addition to the project budget in the 
event that additional funds become available for any reason.
    Alternatively, the Agencies seek comment on whether a two-step 
application process should be used. As an example of a possible two-
step application process, the Agencies would publish a Notice of 
Funding Opportunity (NOFO) for the 911 Grant Program providing 
additional details and deadlines for the application process. As a 
first step, interested State and Tribal Organization applicants would 
submit the required certifications set forth at Appendix A or B, 
respectively. Then, the Agencies would provide preliminary funding 
allocations for each of the States or Tribal Organizations that meets 
the certification requirements. As a second step, those States or 
Tribal Organizations would then submit a complete application packet, 
including a project budget based on the preliminary funding level. 
Because of the possibility that additional funds may become available 
if certain states are unable to meet the certification requirements, 
these States or Tribal Organizations could also include a supplemental 
project budget as part of their complete application packet. The 
Agencies seek comment on this proposed two-step application process and 
funding allocation determination as set forth in the proposed 
regulatory text.
4. Designated 911 Coordinator
    The Agencies propose to retain the requirement for a Designated 911 
Coordinator for State applicants. The NG911 Advancement Act requires, 
as a condition of eligibility for a non-State applicant, that the State 
in which it is located has designated a 911 Coordinator. Therefore, for 
the purpose of applications by Tribal Organizations, the Agencies 
propose that the Tribal Organization identify the Designated State 911 
Coordinator. Although a Tribal Organization applicant would not have to 
designate its own 911 Coordinator, the Agencies propose that it 
designate a responsible official to execute the grant agreement and 
sign the required certifications.
5. Certifications
    The Agencies propose to retain the certification requirements in 
Sec.  400.4(a)(5) with updates to allow for certification by Tribal 
Organizations and to reflect the statutory requirements in the NG911 
Advancement Act.
6. Due Date
    The Agencies also propose to amend the 911 Grant Program 
regulations to provide that the deadlines for the initial and 
subsequent submission requirements will be contained in the NOFO.

F. Approval and Award (47 CFR 400.5)

    The Agencies propose to update the Approval and Award section of 
the 911 Grant Program regulations set forth at Sec.  400.5 to account 
for Tribal Organization applicants as described above.

G. Distribution of Grant Funds (47 CFR 400.6)

    The E-911 Grant Program distributed grant funds to eligible States 
using a formula based on State population and public road mileage. The 
Agencies propose to apply the same formula for distribution of grant 
funds to States and Territories in the new round of funding under the 
911 Grant Program. As in the E-911 Grant Program, the formula will 
provide for a minimum grant amount of $500,000 for States and $250,000 
for Territories.
    In the E-911 Grant Program, population and road miles were used as 
the basis for the formula because 911 services are used by people, and 
because the ability to make any phone calls (therefore to make 911 
calls) in 2009 was dependent upon the presence of copper land lines 
and/or cell towers. Road miles were used as a surrogate for cell tower 
coverage in the 2009 regulation because at that time, cell towers were 
the primary means of transmitting 911 calls to PSAPs, and were likely 
to be built along roadways--especially in rural areas. Ultimately, 
though, the combination of population and road miles favored urban 
areas over rural and remote areas.

[[Page 44135]]

    Telecommunications technology has evolved tremendously since 2009. 
The placement of phone calls is now much less dependent upon the 
presence of copper facilities. In fact, the Federal Communications 
Commission (FCC) has observed that, as of 2015, almost 75 percent of 
U.S. residential customers (approximately 88 million households) no 
longer received telephone service over traditional copper facilities 
and relied increasingly on wireless, Voice over Internet Protocol 
(VoIP) and satellite technologies, including hybrid cell tower/
satellite technology.\18\ In recognition of this continuing 
technological displacement, the FCC in 2016 issued an order 
streamlining legacy regulations to make it easier for carriers to 
retire copper, landline telephone networks and replace them with fiber 
or wireless technology.\19\ Although delivery of location information 
has improved with the use of Assisted Global Position System (A-GPS), 
in rural and remote areas, location-finding technology is less 
accurate, since cell towers are typically placed along major highways 
and there may not be a sufficient number of towers to provide accurate 
triangulation to locate callers.\20\ Rural public safety agencies and 
PSAPs are finding creative solutions, such as satellite-based 
communications technologies, to overcome these communications 
challenges.\21\
---------------------------------------------------------------------------

    \18\ In the Matter of Technology Transitions, GN Docket No. 13-
5; In the Matter of US Telecom Petition for Declaratory Ruling that 
Incumbent Local Exchange Carriers are Non-Dominant in the Provision 
of Switched Access Services, WC Docket No. 13-3; In the Matter of 
Policies and Rules Governing Retirement of Copper Loops by Incumbent 
Local Exchange Carriers, RM-11358, Declaratory Ruling, Second Report 
and Order, and Order on Reconsideration, at ] 16 (July 15, 2016) 
(hereinafter Declaratory Ruling), available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-16-90A1.pdf.
    \19\ See id.
    \20\ See Congressional Research Service, An Emergency 
Communications Safety Net: Integrating 911 and Other Services, CRS 
Report at 5-6 (Aug. 25, 2008), available at, https://www.everycrsreport.com/files/20080825_RL32939_a6d2f372243a38357f5104b181e8fa326481e3ac.pdf.
    \21\ See James J. Augustine, Rural Coverage: Communications 
Challenges for EMS (Oct. 17, 2012), available at https://www.ems1.com/ems-products/communications/articles/1356405-Rural-coverage-Communications-challenges-for-EMS/.
---------------------------------------------------------------------------

    Additionally, research shows that rural and tribal 911 call centers 
face significant challenges because they serve larger geographical 
areas and, as a result, first responders may take more time to reach 
the scene of the emergency. PSAP call takers in rural areas may be 
required to stay on the phone longer and provide more extensive 
emergency instructions until help arrives.\22\ Additionally, since the 
bulk of funding to 911 call centers comes from states and 
municipalities, rural 911 centers may lack the resources needed for 
technology upgrades, equipment, and training.\23\
---------------------------------------------------------------------------

    \22\ Id.
    \23\ Linda K. Moore, Congressional Research Service, Emergency 
Communications: The Future of 911, CRS Report at 9-10 (Mar. 16, 
2010), available at https://c.ymcdn.com/sites/www.nena.org/resource/collection/F203778C-3D83-4118-B5E3-3A95819586E1/CRS_911_Report_3.16.10.pdf.
---------------------------------------------------------------------------

    The Agencies propose to retain the formula used for distribution in 
the E-911 grant program, however, given the advances in technology and 
the unique challenges faced by rural and remote PSAPs, the Agencies are 
seeking comment on whether other factors should be considered as part 
of the formula for distribution of grant funds or whether the current 
formula is the best framework to distribute the up to $110 million 
available in new funding for the program. Specifically, the Agencies 
ask commenters to address the following questions:
    i. Do the existing factors of State population and public road 
mileage adequately account for remote and rural areas? If not, would 
the factor of land area, as determined by the Census Bureau, improve 
the accounting for rural and remote areas?
    ii. Given the evolution in technology since the previous grants 
were awarded (e.g., less dependence on cell towers and increased 
adoption of satellite and hybrid technologies), are there other factors 
that the program should consider and what weight should the formula 
give to each factor and why?
    To accommodate grant awards to Tribal Organizations, the proposal 
would authorize the Agencies to set aside 2 percent of available grant 
funds for distribution to Tribal Organizations with maximum awards of 
no more than $250,000. The Agencies propose to allocate funding based 
on a formula as follows: (1) 50 percent in the ratio to which the 
population of the Tribal Organization bears to the total population of 
all Tribal Organizations, as determined by the most recent population 
data on American Indian/Alaska Native Reservation of Statistical 
Area,\24\ and (2) 50 percent in the ratio which the public road mileage 
in each Tribal Organization bears to the total public road mileage in 
tribal areas, using the most recent national tribal transportation 
facility inventory data. The Agencies seek comment on this proposal for 
distribution to Tribal Organizations. The Agencies further seek comment 
on whether a formula-based approach is the most equitable and/or 
efficient way to distribute new grant funds. If yes, what factors 
should the program consider and what weight should the formula give to 
each factor and why? If not, please identify other allocation methods 
that the Agencies should consider adopting for use in this grant 
program.
---------------------------------------------------------------------------

    \24\ As computed under the Native American Housing Assistance 
and Self-Determination Act of 1996, 25 U.S.C. 4101 et seq.
---------------------------------------------------------------------------

H. Eligible Uses for Grant Funds (47 CFR 400.7)

    The NG911 Advancement Act has broadened the eligible uses of grant 
funds to include: Adoption and operation of NG911 services and 
applications; and the implementation of IP-enabled emergency services 
and applications enabled by NG911 services, including the establishment 
of IP backbone networks and the application layer software 
infrastructure needed to interconnect the multitude of emergency 
response organizations. Accordingly, the Agencies propose to modify 
Sec.  400.7 to include these new eligible uses. The Agencies also 
provide clarification on the following specific uses:
1. NG911 Services
    The NG911 Advancement Act, by name and intent, was established to 
facilitate implementation of NG911 services, and the acquisition of 
such NG911 services is allowable as an eligible use of 911 Grant 
Program funds. Some grant recipients may choose to purchase the 
hardware and software that perform the necessary functions enabling 
NG911 calls to be received, processed and dispatched and use their own 
staff to operate and maintain the NG911 system. Other recipients may 
choose to contract with vendors that own the hardware and software, and 
provide NG911 enabling functions as a service to State or local 911 
entities. Still other recipients may choose to enter into subaward 
relationships with local jurisdictions to implement the purposes of the 
grant. The Agencies propose that any of these options, alone or in 
combination, would be an eligible use of grant funds. To ``facilitate 
coordination and communication between Federal, State, and local 
emergency communications systems [and] emergency services personnel,'' 
the Agencies propose that recipients be required to specify the 
purchase of hardware, software, and/or services that comply with 
current NG911 standards,

[[Page 44136]]

as listed in the Department of Homeland Security's SAFECOM 
Guidance.\25\
---------------------------------------------------------------------------

    \25\ 47 U.S.C. 942(a)(1). See also Department of Homeland 
Security, ``Fiscal Year 2016 SAFECOM Guidance on Emergency 
Communications Grants,'' at Appendix B--Technology and Equipment 
Standards (2016), available at https://www.dhs.gov/sites/default/files/publications/FY%202016%20SAFECOM%20Guidance%20FINAL%20508C.pdf.
---------------------------------------------------------------------------

2. Training
    Given that the intent of this grant program is specifically to 
improve the technology and operation of the 911 system, the NG911 
Advancement Act permits grant funds to be used for training directly 
related to 911 services for public safety personnel, including call-
takers, first responders, and other individuals and organizations that 
are part of the emergency response chain in 911 services. The Agencies 
seek comment on what, if any, limitations should be imposed on such 
costs.
    As part of a three-year, multi-stakeholder effort, the National 911 
program office facilitated the development of the ``Recommended Minimum 
Training Guidelines for Telecommunicators'' that identified nationally 
recognized, universally accepted minimum topics that can be used to 
train aspiring and current 911 telecommunications professionals, and to 
provide the foundation for ongoing professional development.\26\ The 
Agencies seek comment on whether use of 911 Grant Program funds for 
training should be limited to training designed to meet these minimum 
training guidelines. If these minimum training guidelines are required, 
what, if any, challenges would this condition impose on PSAPs? What 
should the Agencies consider as appropriate documentation of the PSAPs' 
compliance in meeting the minimum training guidelines?
---------------------------------------------------------------------------

    \26\ See National 911 Program, ``Recommended Minimum Training 
Guidelines for Telecommunicators'' (May 19, 2016), available at 
http://www.911.gov/pdf/Recommended_Minimum_Training_Guidelines_for_the_911_Telecommunicator_FINAL_May_19_2016.pdf.
---------------------------------------------------------------------------

3. Planning and Administration
    The Agencies intend to continue to allow recipients to use up to 10 
percent of grant funds to cover administrative expenses incurred as a 
direct result of participation in the grant program. The Agencies 
propose allowing recipients to use a portion of the 10 percent maximum 
for administrative costs to perform an assessment of their current 911 
system, using the ``NG9-1-1 Readiness Scorecard'' produced by the FCC's 
Task Force for Optimal PSAP Architecture,\27\ which includes the 
ongoing activities necessary to develop, modify, and improve the 
framework for State and Tribal NG911 governance, strategic planning, 
and coordination.
---------------------------------------------------------------------------

    \27\ See FCC, TFOPA Working Group 2 Phase II Supplemental 
Report: NG9-1-1 Readiness Scorecard (Dec. 2, 2016), available at 
https://transition.fcc.gov/pshs/911/TFOPA/TFOPA_WG2_Supplemental_Report-120216.pdf. The Task Force developed 
the NG911 Readiness Scorecard with extensive participation from the 
911 stakeholder community, and in conjunction with the National 911 
Program.
---------------------------------------------------------------------------

4. Operation of 911 System
    The NG911 Advancement Act provides that 911 grant funds are 
intended to assist in implementation of NG911 systems and anticipates 
that jurisdictions will use fees collected by State and local 
governments to fund operations of 911 services.\28\ In order to 
maximize use of funds to meet this goal, eligible entities may only use 
grant funds to assist in the implementation of an NG911 system.\29\ 
However, as the implementation of NG911 occurs, States, local, and 
tribal 911 authorities and PSAPs are required to operate parallel NG911 
and legacy E-911 or 911 systems while the transition is being 
completed. While surcharges collected by State and local governments 
already pay for the operation of a current legacy system, grant funds 
can be used only to cover the cost of operating the NG911 system until 
such time as the current legacy system is shut down and the system is 
fully operational using only NG911 technology.
---------------------------------------------------------------------------

    \28\ See 47 U.S.C. 942(b)(1) and (c). See also ENHANCE 911 Act 
of 2004, Public Law 108-494, Title I, Sec.  102, 118 Stat. 3986 
(2004).
    \29\ Implementation of a NG911 system does not include 
construction of new PSAPs. Thus, the Agencies do not propose to 
permit the use of grant funds for purposes of such construction.
---------------------------------------------------------------------------

I. Continuing Compliance (47 CFR 400.8)

    The Agencies propose to amend the Non-compliance section of the 911 
Grant Program regulations as set forth at Sec.  400.8 to conform to the 
NG911 Advancement Act and to reflect the proposed ability of Tribal 
Organizations to apply directly for grant funds. Any applicant or grant 
recipient that provides a certification knowing that the information 
provided in the certification is false (1) will not be eligible to 
receive the grant; (2) must return any grant awarded under this part 
during the time that the certification is not valid; and (3) will not 
be eligible to receive any subsequent grants under this part.\30\
---------------------------------------------------------------------------

    \30\ See 47 U.S.C. 942(c)(4).
---------------------------------------------------------------------------

J. Financial and Administrative Requirements (47 CFR 400.9)

    In 2014, the Department of Commerce and the Department of 
Transportation, among other executive branch agencies, adopted the 
Office of Management and Budget's Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements (OMB Uniform Guidance). See OMB 
Uniform Guidance, 2 CFR part 200, 2 CFR part 1327 (DOC's implementing 
regulations), and 2 CFR part 1201 (DOT's implementing regulation). 
Accordingly, the Agencies propose to amend the financial and 
administrative requirements section of the 911 Grant Program as set 
forth at 47 CFR 400.9 to conform to the OMB Uniform Guidance. Because 
this is a joint rulemaking, the Agencies will apply the OMB Uniform 
Guidance without any agency-specific deviations.

K. Closeout (47 CFR 400.10)

    The funds made available from the Public Safety Trust Fund for the 
new grants are available for obligation until September 30, 2022, and 
will be cancelled and returned to the Treasury no later than September 
30, 2027. The recipients' right to incur costs under this part will 
expire as of the end of the period of performance announced in the 
Notice of Funding Opportunity, but in no event later than July 2, 2027. 
The Agencies are amending this section to reflect this new date and to 
update the reference to the new OMB Uniform Guidance.

L. Waiver Authority (47 CFR 400.11)

    It is the general intent of the Agencies that the provisions of the 
911 Grant Program regulations not be waived. The Agencies, however, 
recognize that there may be extraordinary circumstances in which it is 
in the best interest of the federal government to waive program 
regulations. Accordingly, the Agencies propose to permit applicants or 
grant recipients to request waiver of any of the provisions of the 
program regulations and also to reserve the right for the Agencies to 
do so on their own initiative. The Agencies recognize that such waiver 
authority may only be exercised for requirements that are discretionary 
and not mandated by statute or other applicable law. The Agencies seek 
comment on this proposal.

M. Appendices (47 CFR Part 400, App. A, B, C, and D)

    The Agencies propose to delete and replace the Appendices from the 
E-911 Grant Program. In their place, the Agencies propose to insert the 
following Appendices to conform to the certification requirements 
contained in the NG911 Advancement Act and to reflect the proposed 
ability of Tribal Organizations to apply directly for grant funds: 
Appendix A (Initial Certification

[[Page 44137]]

For 911 Grant Applicants--States), Appendix B (Initial Certification 
For 911 Grant Applicants--Tribal Organizations), Appendix C (Annual 
Certification For 911 Grant Recipients--States), and Appendix D (Annual 
Certification For 911 Grant Recipients--Tribal Organizations).

IV. Public Participation

A. How do I prepare and submit comments?

    Your comments must be written in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number listed in this document in your comments. Your primary comments 
should be no longer than 15 pages. You may attach additional documents 
to your primary comments. There is no limit on the length of the 
attachments.
    You may submit comments identified by Docket No. 170420407-7407-01 
by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: National Telecommunications and Information 
Administration, U.S. Department of Commerce, Attn: NG911 Grant Program, 
1401 Constitution Avenue NW., Room 4076, Washington, DC 20230.

B. How can I be sure my comments were received?

    All comments received are a part of the public record and will be 
posted without change to http://www.regulations.gov.
    If you submit your comments by mail, enclose a self-addressed, 
stamped postcard in the envelope containing your comments. Upon 
receiving your comments, you will be notified with the postcard by 
mail.

C. Will the Agencies consider late comments?

    The Agencies will consider all comments received before the close 
of business on the comment closing date indicated above under DATES. To 
the extent possible, the Agencies will also consider comments received 
after that date.

D. How can I read the comments submitted by other people?

    Comments will be available on http://www.regulations.gov. Follow 
the online instructions for accessing the docket. Please note that even 
after the comment closing date, the Agencies may continue to file 
relevant information on the docket as it becomes available. 
Accordingly, the Agencies recommend that you periodically check the 
docket for new material.

V. Statutory Basis for This Action

    The Agencies' proposal would implement modifications to the E-911 
Grant Program as required by the NG911 Advancement Act of 2012 (Pub. L. 
112-96, Title VI, Subtitle E, codified at 47 U.S.C. 942).

VI. Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Policies and Procedures)

    This rulemaking has been determined to be significant under section 
3(f) of Executive Order 12866, and therefore, has been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 13771

    This rulemaking is exempt from the requirements of Executive Order 
13771 because it is a ``transfer rule.''

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce and 
the Assistant Chief Counsel for the National Highway Traffic Safety 
Administration have certified to the Small Business Administration 
Office of Advocacy that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. Congress 
enacted the Regulatory Flexibility Act of 1980 (RFA), as amended, 5 
U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact on a substantial number of small entities. 
The majority of potential applicants (56) for 911 grants are U.S. 
States and Territories, which are not ``small entities'' for the 
purposes of the RFA. See 5 U.S.C. 601(5). The remaining potential grant 
applicants are a small number of Tribal Organizations (approximately 
13) with a substantial emergency management/public safety presence 
within their jurisdictions. Like States, Tribal Organizations are not 
``small entities'' for the purposes of the RFA. See Small Business 
Regulatory Flexibility Improvements Act of 2015, S. 1536, 114th Cong. 
Sec.  2(d) (2015) (proposing to add Tribal Organizations to the RFA's 
``small governmental jurisdiction'' definition, one of three categories 
of ``small entities'' in the RFA). Therefore, we have determined under 
the RFA that this proposed rule would not have a significant economic 
impact on a substantial number of small entities. Accordingly, no 
Regulatory Flexibility Analysis is required, and none has been 
prepared.

Congressional Review Act

    This rulemaking has not been determined to be major under the 
Congressional Review Act, 5 U.S.C. 801 et seq.

Executive Order 13132 (Federalism)

    This proposed rule does not contain policies having federalism 
implications requiring preparations of a Federalism Summary Impact 
Statement.

Executive Order 12988 (Civil Justice Reform)

    This rulemaking has been reviewed under Executive Order 12988, 
Civil Justice Reform, as amended by Executive Order 13175. The Agencies 
have determined that the proposed rule meets the applicable standards 
provided in section 3 of the Executive Order to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 12372 (Intergovernmental Consultation)

    Applications under this program are subject to Executive Order 
12372, ``Intergovernmental Review of Federal Programs,'' which requires 
intergovernmental consultation with State and local officials. All 
applicants are required to submit a copy of their applications to their 
designated State Single Point of Contact (SPOC) offices. See 7 CFR part 
3015, subpart V.

Executive Order 12630

    This proposed rule does not contain policies that have takings 
implications.

Executive Order 13175 (Consultation and Coordination With Indian 
Tribes)

    The Agencies have analyzed this proposed rule under Executive Order 
13175, and have determined that the proposed action would not have a 
substantial direct effect on one or more Indian tribes, would not 
impose substantial direct compliance costs on Indian tribal 
governments, and would not preempt tribal law. The program is voluntary 
and any Tribal Organization that chooses to apply and subsequently 
qualifies would receive grant funds. Therefore, a tribal summary impact 
statement is not required.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
requires each Federal agency to seek and obtain OMB approval before 
collecting information from the public. Federal agencies may not 
collect information unless it displays a currently valid OMB control

[[Page 44138]]

number. The Agencies' proposed use of Standard Forms 424 (Application 
for Federal Assistance), 424A (Budget Information for Non-Construction 
Programs), 424B (Assurances for Non-Construction Programs), 424C 
(Budget Information for Construction Programs), 425 (Federal Financial 
Report), and SF-LLL (Disclosure for Lobbying Activities) has been 
approved previously by OMB under the respective control numbers 4040-
0004, 4040-0005, 4040-0006, 4040-0007, 4040-0014, and 4040-0013. The 
Agencies will submit a Request for Common Form to OMB to use the 
previously-approved information collection instruments.
    The Agencies obtained OMB approval previously for an information 
collection related to the annual progress reporting and closeout 
reporting requirements and State 911 Plans for the E-911 Grant Program, 
under OMB Control Number 2127-0661. At the request of NHTSA, OMB 
discontinued this information collection on January 31, 2012. The 
Agencies are seeking a new information collection that will operate as 
a reinstatement with change of the previously approved information 
collection. With the new information collection that will operate as a 
reinstatement with change, the Agencies propose to collect information 
for the State 911 Plans, and Annual Performance Reports. As required by 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the Agencies 
have submitted the proposed new information collection that will 
operate as a reinstatement with change to OMB for its review. The 
Agencies will use the collection of information to ensure that grant 
recipients are effectively monitored and evaluated against the core 
purposes of the 911 Grant Program. The Agencies are seeking OMB 
approval for a period of three years.
    OMB Control Number: None.
    Form Number(s): None.
    Type of Review: Regular.
    Affected Public: State, local, and Tribal Organizations.
    Frequency: Once, State 911 Plan; Annually, Annual Performance 
Report.
    Number of Respondents: 60 (42 States, District of Columbia, 4 
Territories, 13 Tribal Organizations).
    Average Time per Response: 154 hours (State 911 Plan--94 hours and 
Annual Performance Report--60 hours).
    Estimated Total Annual Burden Hours: 9,240 hours.
    Estimated Total Annual Cost to Public: $400,000 ($244,156 for the 
State 911 Plan; $155,844 for the Annual Performance Report).
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Individuals and organizations may send comments on the information 
collection to the close of the proposed rule's comment period. Direct 
all written comments regarding the collection of information to the 
Office of Information and Regulatory Affairs of OMB, Attention: Desk 
officer for Department of Commerce, Nicholas A. Fraser. OMB may file 
public comments, in the form of a Notice of Action, on the collection 
of information within 60 days of the publication of this NPRM. See 5 
CFR 1320.11(c).

Unfunded Mandates Reform Act

    This proposed rule contains no Federal mandates (under the 
regulatory provision of Title II of the Unfunded Mandates Reform Act of 
1995) for State, local, and tribal governments or the private sector. 
The program is voluntary and States and Tribal Organizations that 
choose to apply and qualify would receive grant funds. Thus, this 
rulemaking is not subject to the requirements of sections 202 and 205 
of the Unfunded Mandates Reform Act of 1995.

National Environmental Policy Act

    The Agencies have reviewed this rulemaking action for the purposes 
of the National Environmental Policy Act. The Agencies have determined 
that this proposal would not have a significant impact on the quality 
of the human environment.

    Dated: September 14, 2017.
Leonard Bechtel,
Chief Financial Officer and Director of Administration, Performing the 
non-exclusive duties of the Assistant Secretary for Communications and 
Information, National Telecommunications and Information 
Administration.
Jack Danielson,
Acting Deputy Administrator, National Highway Traffic Safety 
Administration.

List of Subjects in 47 CFR Part 400

    Grant programs, Telecommunications, Emergency response capabilities 
(911).


0
In consideration of the foregoing, the National Telecommunications and 
Information Administration, Department of Commerce, and the National 
Highway Traffic Safety Administration, Department of Transportation, 
propose to revise part 400 in title 47 of the Code of Federal 
Regulations to read as follows:

PART 400--911 GRANT PROGRAM

Sec.
400.1 Purpose.
400.2 Definitions.
400.3 Who may apply.
400.4 Application requirements.
400.5 Approval and award.
400.6 Distribution of grant funds.
400.7 Eligible uses for grant funds.
400.8 Continuing compliance.
400.9 Financial and administrative requirements.
400.10 Closeout.
400.11 Waiver authority.
Appendix A to Part 400--Initial Certification for 911 Grant 
Applicants--States
Appendix B to Part 400--Initial Certification for 911 Grant 
Applicants--Tribal Organizations
Appendix C to Part 400--Annual Certification for 911 Grant 
Recipients--States
Appendix D to Part 400--Annual Certification for 911 Grant 
Recipients--Tribal Organizations

    Authority:  47 U.S.C. 942.


Sec.  400.1  Purpose.

    This part establishes uniform application, approval, award, 
financial and administrative requirements for the grant program 
authorized under the ``Ensuring Needed Help Arrives Near Callers 
Employing 911 Act of 2004'' (ENHANCE 911 Act), as amended by the ``Next 
Generation 911 Advancement Act of 2012'' (NG911 Advancement Act).


Sec.  400.2  Definitions.

    As used in this part--
    911 Coordinator means a single officer or governmental body of the 
State in which the applicant is located that is responsible for 
coordinating implementation of 911 services in that State.
    911 services means both E-911 services and Next Generation 911 
services.
    Administrator means the Administrator of the National Highway 
Traffic Safety Administration (NHTSA), U.S. Department of 
Transportation.
    Assistant Secretary means the Assistant Secretary for 
Communications and Information, U.S. Department of Commerce, and 
Administrator of the National Telecommunications and Information 
Administration (NTIA).
    Designated 911 charges means any taxes, fees, or other charges 
imposed by

[[Page 44139]]

a State or other taxing jurisdiction that are designated or presented 
as dedicated to deliver or improve 911, E-911 or NG911 services.
    E-911 services means both phase I and phase II enhanced 911 
services, as described in Sec.  20.18 of this title, as subsequently 
revised.
    Emergency call refers to any real-time communication with a public 
safety answering point or other emergency management or response 
agency, including--
    (1) Through voice, text, or video and related data; and
    (2) Nonhuman-initiated automatic event alerts, such as alarms, 
telematics, or sensor data, which may also include real-time voice, 
text, or video communications.
    ICO means the 911 Implementation Coordination Office established 
under 47 U.S.C. 942 for the administration of the 911 grant program, 
located at the National Highway Traffic Safety Administration, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., NTI-140, 
Washington, DC 20590.
    Integrated telecommunications services means one or more elements 
of the provision of multiple 911 systems' or PSAPs' infrastructure, 
equipment, or utilities, such as voice, data, image, graphics, and 
video network, customer premises equipment (such as consoles, hardware, 
or software), or other utilities, which make common use of all or part 
of the same transmission facilities, switches, signaling, or control 
devices (e.g., database, cybersecurity).
    IP-enabled emergency network or IP-enabled emergency system means 
an emergency communications network or system based on a secured 
infrastructure that allows secured transmission of information, using 
Internet Protocol, among users of the network or system.
    Next Generation 911 services means an IP-based system comprised of 
hardware, software, data, and operational policies and procedures 
that--
    (1) Provides standardized interfaces from emergency call and 
message services to support emergency communications;
    (2) Processes all types of emergency calls, including voice, data, 
and multimedia information;
    (3) Acquires and integrates additional emergency call data useful 
to call routing and handling;
    (4) Delivers the emergency calls, messages, and data to the 
appropriate public safety answering point and other appropriate 
emergency entities;
    (5) Supports data or video communications needs for coordinated 
incident response and management; and
    (6) Provides broadband service to public safety answering points or 
other first responder entities.
    PSAP means a public safety answering point, a facility that has 
been designated to receive emergency calls and route them to emergency 
service personnel.
    State means any State of the United States, the District of 
Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin 
Islands, the Northern Mariana Islands, and any other territory or 
possession of the United States.
    Tribal Organization means the recognized governing body of any 
Indian tribe; any legally established organization of Indians which is 
controlled, sanctioned, or chartered by such governing body or which is 
democratically elected by the adult members of the Indian community to 
be served by such organization and which includes the maximum 
participation of Indians in all phases of its activities: Provided, 
that in any case where a contract is let or grant made to an 
organization to perform services benefiting more than one Indian tribe, 
the approval of each such Indian tribe shall be a prerequisite to the 
letting or making of such contract or grant.


Sec.  400.3  Who may apply.

    In order to apply for a grant under this part, an applicant must be 
a State or Tribal Organization as defined in Sec.  400.2.


Sec.  400.4  Application requirements.

    (a) Contents for a State application. An application for funds for 
the 911 Grant Program from a State must consist of the following 
components:
    (1) State 911 plan. A plan that--
    (i) Details the projects and activities proposed to be funded for:
    (A) The implementation and operation of 911 services, E-911 
services, migration to an IP-enabled emergency network, and adoption 
and operation of Next Generation 911 services and applications;
    (B) The implementation of IP-enabled emergency services and 
applications enabled by Next Generation 911 services, including the 
establishment of IP backbone networks and the application layer 
software infrastructure needed to interconnect the multitude of 
emergency response organizations; and
    (C) Training public safety personnel, including call-takers, first 
responders, and other individuals and organizations who are part of the 
emergency response chain in 911 services.
    (ii) Establishes metrics and a time table for grant implementation; 
and
    (iii) Describes the steps the applicant has taken to--
    (A) Coordinate its application with local governments, Tribal 
Organizations, and PSAPs within the State;
    (B) Ensure that at least 90 percent of the grant funds will be used 
for the direct benefit of PSAPs and not more than 10 percent of the 
grant funds will be used for the applicant's administrative expenses 
related to the 911 Grant Program; and
    (C) Involve integrated telecommunications services in the 
implementation and delivery of 911 services, E-911 services, and Next 
Generation 911 services.
    (2) Project budget. A project budget for all proposed projects and 
activities to be funded by the grant funds. Specifically, for each 
project or activity, the applicant must:
    (i) Demonstrate that the project or activity meets the eligible use 
requirement in Sec.  400.7; and
    (ii) Identify the non-Federal sources, which meet the requirements 
of 2 CFR 200.306, that will fund at least 40 percent of the cost; 
except that as provided in 48 U.S.C. 1469a, the requirement for non-
Federal matching funds (including in-kind contributions) is waived for 
American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin 
Islands for grant amounts up to $200,000.
    (3) Supplemental project budget. States that qualify for a grant 
under the program may also qualify for additional grant funds that may 
become available. To be eligible for any such additional grant funds 
that may become available in accordance with Sec.  400.6, a State must 
submit, with its application, a supplemental project budget that 
identifies the maximum dollar amount the State is able to match from 
non-Federal sources meeting the requirements of 2 CFR 200.306, and 
includes projects or activities for those grant and matching amounts, 
up to the total amount in the project budget submitted under paragraph 
(a)(2) of this section. This information must be provided to the same 
level of detail as required under paragraph (a)(2) of this section and 
be consistent with the State 911 Plan required under paragraph (a)(1) 
of this section.
    (4) Designated 911 Coordinator. The identification of a single 
officer or government body to serve as the 911 Coordinator of 
implementation of 911 services and to sign the certifications required 
under this part. Such designation need not vest such coordinator with 
legal authority to

[[Page 44140]]

implement 911 services, E-911 services, or Next Generation 911 services 
or to manage emergency communications operations. If a State applicant 
has established by law or regulation an office or coordinator with the 
authority to manage 911 services, that office or coordinator must be 
identified as the designated 911 Coordinator and apply for the grant on 
behalf of the State. If a State applicant does not have such an office 
or coordinator established, the Governor of the State must appoint a 
single officer or governmental body to serve as the 911 Coordinator in 
order to qualify for a 911 grant. If the designated 911 Coordinator is 
a go