18692 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

1The Digital Television Transition and Public 

Safety Act of 2005 § 3006, 47 U.S.C. § 309 note 

(2008), Pub. L. No. 109-171, 120 Stat. 25. The PSIC 

grant program requirements were subsequently 

amended by the Implementing Recommendations of 

the 9/11 Commission Act of 2007 § 2201, 47 U.S.C. 

§ 309 note (2008), Pub. L. No. 110-53, 121 Stat. 276. 

2For additional information regarding the PSIC 

Grant Program, see, Public Safety Interoperable 

Communications Grant Program, Improving 

Interoperable Communications Nationwide: 

Overview of Initial State and Territory Investments, 

http://www.ntia.doc.gov/psic/PSIC%20 

Investment%20Data%20Analysis%20 

(report%20only).pdf. 

3Section 4 of the Call Home Act of 2006, 47 

U.S.C. § 309 note (2008), Pub. L. No. 109-459, 120 

Stat. 3399, mandated that all PSIC funds be 

awarded by September 30, 2007. 

4 74 Fed. Reg. 7663 (2009). 

5National Environmental Policy Act of 1969, 42 

U.S.C. § 4321 (2008); Council on Environmental 

Quality for Implementing the Procedural Provisions 

of NEPA, 40 C.F.R. parts 1500-1508 (2008). 

Fifth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in the Federal 

Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective upon publication in the 

Federal Register. 

Dated: April 17, 2009. 

Daniel O. Hill, 

Acting Under Secretary of Commerce for 

Industry and Security. 

Certificate of Service 

I hereby certify that on April __, 2009, 

I caused the foregoing Response of BIS 

to the ALJ’s Recommended Decision 

and Order and Final Decision and Order 

to be sent by Federal Express to: Tariq 

Ahmed, 612 Business Centre, Mumtaz 

Hasan Road, Off I.I. Chundrigar Road, 

Karachi, Pakistan. 

Sandra Lambright, 

Senior Paralegal Specialist. 

[FR Doc. E9–9400 Filed 4–23–09; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Notice of Availability of a Final Finding 

of No Significant Impact (FONSI) for 

the Public Safety Interoperable 

Communications (PSIC) Grant 

Program 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) publishes this 

notice of availability of a Final Finding 

of No Significant Impact (FONSI). The 

Final FONSI was written to evaluate the 

environmental impact of the Public 

Safety Interoperable Communications 

(PSIC) Grant Program. 

DATES: The effective date of the Final 

FONSI is April 24, 2009. 

ADDRESSES: The Final FONSI is 

available online at http:// 

www.regulations.gov and also will be 

available on NTIA’s website at http:// 

www.ntia.doc.gov/psic. 

FOR FURTHER INFORMATION CONTACT: 

Written requests for a hard copy of the 

Final FONSI should be submitted to: 

Ms. Laura Pettus, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue, N.W., Room 4812, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: The 

Digital Television Transition and Public 

Safety Act of 2005 (the Act) directed 

NTIA, in consultation with the 

Department of Homeland Security 

(DHS), to establish and administer a 

grant program to assist public safety 

agencies in the advancement of 

interoperable communications.1 The 

Act authorized NTIA to make payments 

not to exceed $1 billion, in the 

aggregate, through fiscal year 2010 to 

carry out the PSIC program. The grant 

program assisted public safety agencies 

in the acquisition of, deployment of, or 

training for the use of interoperable 

communications systems that can 

utilize reallocated public safety 

spectrum in the 700 MHz band for radio 

communication.2

On September 30, 2007, the PSIC 

Grant Program awarded $968,385,000 to 

fund interoperable communications 

projects for 56 States and Territories.3

These awards represent the largest 

single infusion of Federal funding ever 

provided for State, Territory, and local 

agencies to implement interoperable 

communications solutions for public 

safety. 

On February 19, 2009, NTIA 

published a Notice of Availability of a 

Final Programmatic Environmental 

Assessment (PEA) and Draft FONSI for 

the PSIC Grant Program.4 The comment 

period closed on March 23, 2009. NTIA 

received three (3) comments. These 

comments were from the Association of 

Public-Safety Communications Officials 

(APCO), the National Public Safety 

Telecommunications Council (NPSTC), 

and the Federal Communications 

Commissions (FCC). The APCO and 

NPSTC commenters suggested that 

NTIA’s chosen environmental 

procedures would be overly 

burdensome and that NTIA should use 

the FCC’s environmental evaluation 

process. NTIA notes that the National 

Environmental Policy Act of 1969 

(NEPA) would not permit this approach 

under these circumstances, and thus, 

did not amend the draft FONSI in 

response. NTIA did clarify in the final 

FONSI that the Tower Construction 

Notification System should only be used 

for projects involving communication of 

towers and is not suitable for use for 

other types of PSIC-funded projects. 

NTIA prepared the Final FONSI in 

accordance with the requirements of 

NEPA and the Council on 

Environmental Quality (CEQ) 

regulations for implementing NEPA.5

The Final FONSI may be reviewed at 

http://www.regulations.gov or on 

NTIA’s website as noted above. In 

addition, copies may be obtained by 

writing to Ms. Laura Pettus as provided 

above. 

Dated: April 20, 2009. 

Kathy D. Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

[FR Doc. E9–9410 Filed 4–23–09; 8:45 am] 

BILLING CODE 3510–60–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XO31 

Marine Mammals; File No. 13614 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Sea World, Inc., 9205 South Park Center 

Loop, Suite 400, Orlando, FL 32819 

[Brad Andrews, Responsible Party] has 

been issued a permit to import one pilot 

whale (Globicephala melas) for public 

display. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): Permits, 

Conservation and Education Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Room 13705, 

Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

andSouthwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Kristy Beard, 

(301)713–2289. 

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