911 Grant Program, 44131-44143 [2017-19944]
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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
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SUMMARY:
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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
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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
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
https://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:
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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
https://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:
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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
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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).
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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 https://
www.nena.org/?page=911Statistics.
3 TFOPA Final Report at 15. See also, NENA 91-1 Statistics, available at https://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 https://
www.nena.org/?page=911Statistics.
9 See 47 CFR 20.18(e), (h) (defining Phase II
enhanced 911 service).
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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.
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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
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.
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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
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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-
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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
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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.
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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
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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.
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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/.
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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.
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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,
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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?
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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
https://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
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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).
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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
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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
https://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 https://
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.
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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 https://
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
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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
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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
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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
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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).
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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
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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;
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(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.
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(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
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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;
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(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.
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(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
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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.
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§ 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
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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;
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(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
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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.
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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.
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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
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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
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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: https://
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]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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 https://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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 https://www.nena.org/?page=911Statistics.
\3\ TFOPA Final Report at 15. See also, NENA 9-1-1 Statistics,
available at https://www.nena.org/?page=911Statistics.
\4\ Id.
\5\ TFOPA Final Report at 15.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\8\ NENA 9-1-1 Statistics, available at https://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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\14\ 47 U.S.C. 942(b)(1).
\15\ 47 U.S.C. 942(b)(2).
---------------------------------------------------------------------------
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\
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\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/.
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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\
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\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.
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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.
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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\
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\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.
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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
https://www.911.gov/pdf/Recommended_Minimum_Training_Guidelines_for_the_911_Telecommunicator_FINAL_May_19_2016.pdf.
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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\
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\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 https://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 https://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 https://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
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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
