Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44131 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 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. 

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 

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 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce, Attn: NG911 

Grant Program, 1401 Constitution 

Avenue NW., Room 4076, Washington, 

DC 20230. 

Instructions: Please note that all 

material sent via the U.S. Postal Service 

(including Overnight or Express Mail) is 

subject to delivery delays of up to two 

weeks due to mail security procedures. 

Responders should include the name of 

the person or organization filing the 

comment, as well as a page number, on 

each page of their submissions. Paper 

submissions should also include an 

electronic version on CD or DVD in .txt, 

.pdf, or Word format (please specify 

version), which should be labeled with 

the name and organizational affiliation 

of the filer and the name of the word 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
44132 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

1The 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). 

2Federal Communications Commission (FCC), 

Final Report of the Task Force on Optimal PSAP 

Architecture (TFOPA) at 15 (Jan. 29, 2016), 

available at https://transition.fcc.gov/pshs/911/ 

TFOPA/TFOPA_FINALReport_012916.pdf (TFOPA 

Final Report). The National Emergency Number 

Association (NENA) estimates that there are 5,874 

primary and secondary PSAPs as of January 2017. 

NENA 9-1-1 Statistics, available at http://

www.nena.org/?page=911Statistics. 

3TFOPA Final Report at 15. See also, NENA 9- 

1-1 Statistics, available at http://www.nena.org/ 

?page=911Statistics. 

4 Id. 

5TFOPA Final Report at 15. 

6 Id. 

7 Id. 

8NENA 9-1-1 Statistics, available at http://

www.nena.org/?page=911Statistics. 

9See 47 CFR 20.18(e), (h) (defining Phase II 

enhanced 911 service). 

processing program used to create the 

document. Note that all comments 

received are a part of the public record 

and will be posted without change to 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

For program issues: Daniel Phythyon, 

Telecommunications Policy Specialist, 

Office of Public Safety Communications, 

National Telecommunications and 

Information Administration, U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Room 4076, 

Washington, DC 20230; telephone: (202) 

482–5018; email: DPhythyon@

ntia.doc.gov; or Laurie Flaherty, 

Coordinator, National 911 Program, 

Office of Emergency Medical Services, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE., NPD–400, Washington, DC 

20590; telephone: (202) 366–2705; 

email: Laurie.Flaherty@dot.gov. 

For legal issues: Michael Vasquez, 

Attorney-Advisor, Office of the Chief 

Counsel, National Telecommunications 

and Information Administration, U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Room 4713, 

Washington, DC 20230; telephone: (202) 

482–1816; email: MVasquez@

ntia.doc.gov; or Megan Brown, 

Attorney-Advisor, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE., NCC–300, Washington, DC 

20590; telephone: (202) 366–1834; 

email: Megan.Brown@dot.gov. 

For media inquiries: Stephen F. 

Yusko, Public Affairs Specialist, Office 

of Public Affairs, National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Room 4897, Washington, DC 

20230; telephone: (202) 482–7002; 

email: press@ntia.doc.gov; or Karen 

Aldana, Public Affairs Specialist, Office 

of Communications and Consumer 

Information, National Highway Traffic 

Safety Administration, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE., Room W52–306, 

Washington DC 20590; telephone: (202) 

366–3280; email: karen.aldana@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of the NG911 Advancement Act 

of 2012 

III. Proposed Regulations 

A. Heading 

B. Purpose 

C. Definitions 

D. Who May Apply 

E. Application Requirements 

F. Approval and Award 

G. Distribution of Grant Funds 

H. Eligible Uses for Grant Funds 

I. Continuing Compliance 

J. Financial and Administrative 

Requirements 

K. Closeout 

L. Waiver Authority 

M. Appendices 

IV. Public Participation 

V. Statutory Basis for This Action 

VI. Regulatory Analyses and Notices 

I. Background 

In 2009, NTIA and NHTSA issued 

regulations implementing the E–911 

Grant Program enacted in the Ensuring 

Needed Help Arrives Near Callers 

Employing 911 (ENHANCE 911) Act of 

2004 (Pub. L. 108–494, codified at 47 

U.S.C. 942) (74 FR 26965, June 5, 2009). 

Accordingly, in 2009, NTIA and NHTSA 

made more than $40 million in grants 

available to 30 States and Territories to 

help 911 call centers nationwide 

upgrade equipment and operations 

through the E–911 Grant Program. 

In 2012, the NG911 Advancement Act 

of 2012 (Middle Class Tax Relief and Job 

Creation Act of 2012, Pub. L. 112–96, 

Title VI, Subtitle E (codified at 47 U.S.C. 

942)) enacted changes to the program. 

The NG911 Advancement Act provides 

new funding for grants to be used for the 

implementation and operation of 911 

services, E–911 services, migration to an 

IP-enabled emergency network, and 

adoption and operation of NG911 

services and applications; the 

implementation of IP-enabled 

emergency services and applications 

enabled by Next Generation 911 

services, including the establishment of 

IP backbone networks and the 

application layer software infrastructure 

needed to interconnect the multitude of 

emergency response organizations; and 

training public safety personnel, 

including call-takers, first responders, 

and other individuals and organizations 

who are part of the emergency response 

chain in 911 services. In 2016, about 

$115 million from spectrum auction 

proceeds were deposited into the Public 

Safety Trust Fund and made available to 

NTIA and NHTSA for the 911 Grant 

Program.1

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

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 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44133 

10NENA 9–1–1 Statistics. 

11National 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. 

13National 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. 

14 47 U.S.C. 942(b)(1). 

15 47 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-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). 

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. 

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 

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 nonVerDate Sep<11>2014 17:10 Sep 20, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\21SEP1.SGM 21SEP1

asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
44134 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

diversion certifications? What would be 

the challenges with providing the 

necessary certifications, if any? 

ii. A Tribal Organization applying for 

a 911 Program Grant must identify the 

designated State 911 Coordinator(s) and 

provide certifications that the Tribal 

Organization has not diverted 

designated 911 charges. What would be 

the challenges associated with 

providing this information, if any? 

iii. Do the tribal PSAPs collect 911 

surcharge fees and/or receive Stateprovided 911 surcharge funds? If so, are 

Tribal Organizations able to certify that 

tribal sub-entities are not diverting 911 

surcharge fees? 

iv. What other tribal PSAP issues or 

challenges should NHTSA and NTIA 

consider when determining how to 

involve tribal entities in this grant 

program? 

E. Application Requirements (47 CFR 

400.4) 

The Agencies propose to retain, with 

some modifications as specified below, 

the general components of an 

application for a 911 grant. In order to 

accommodate applications from Tribal 

Organizations, the Agencies propose to 

reorganize § 400.4 to provide separate 

application requirement instructions for 

State (§ 400.4(a)) and Tribal 

Organization (§ 400.4(b)) applicants. 

The Agencies seek specific comments 

on the application of these requirements 

to Tribal Organizations (see questions 

concerning Tribal Organizations above). 

1. State/Tribal 911 Plan 

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. 

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 

§ 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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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. 

19See id. 

20See 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. 

21See 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/. 

22 Id. 

23Linda 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. 

24As computed under the Native American 

Housing Assistance and Self-Determination Act of 

1996, 25 U.S.C. 4101 et seq. 

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 

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 

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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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. 

26See National 911 Program, ‘‘Recommended 

Minimum Training Guidelines for 

Telecommunicators’’ (May 19, 2016), available at 

http://www.911.gov/pdf/Recommended_Minimum_

Training_Guidelines_for_the_911_

Telecommunicator_FINAL_May_19_2016.pdf. 

27See 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. 

28See 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. 

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

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? 

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. 

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, 

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 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce, Attn: NG911 

Grant Program, 1401 Constitution 

Avenue NW., Room 4076, Washington, 

DC 20230. 

B. How can I be sure my comments were 

received? 

All comments received are a part of 

the public record and will be posted 

without change to http://

www.regulations.gov. 

If you submit your comments by mail, 

enclose a self-addressed, stamped 

postcard in the envelope containing 

your comments. Upon receiving your 

comments, you will be notified with the 

postcard by mail. 

C. Will the Agencies consider late 

comments? 

The Agencies will consider all 

comments received before the close of 

business on the comment closing date 

indicated above under DATES. To the 

extent possible, the Agencies will also 

consider comments received after that 

date. 

D. How can I read the comments 

submitted by other people? 

Comments will be available on http:// 

www.regulations.gov. Follow the online 

instructions for accessing the docket. 

Please note that even after the comment 

closing date, the Agencies may continue 

to file relevant information on the 

docket as it becomes available. 

Accordingly, the Agencies recommend 

that you periodically check the docket 

for new material. 

V. Statutory Basis for This Action 

The Agencies’ proposal would 

implement modifications to the E–911 

Grant Program as required by the NG911 

Advancement Act of 2012 (Pub. L. 112– 

96, Title VI, Subtitle E, codified at 47 

U.S.C. 942). 

VI. Regulatory Analyses and Notices 

Executive Order 12866 (Regulatory 

Policies and Procedures) 

This rulemaking has been determined 

to be significant under section 3(f) of 

Executive Order 12866, and therefore, 

has been reviewed by the Office of 

Management and Budget (OMB). 

Executive Order 13771 

This rulemaking is exempt from the 

requirements of Executive Order 13771 

because it is a ‘‘transfer rule.’’ 

Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce and the 

Assistant Chief Counsel for the National 

Highway Traffic Safety Administration 

have certified to the Small Business 

Administration Office of Advocacy that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Congress enacted the Regulatory 

Flexibility Act of 1980 (RFA), as 

amended, 5 U.S.C. 601–612, to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have a significant economic 

impact on a substantial number of small 

entities. The majority of potential 

applicants (56) for 911 grants are U.S. 

States and Territories, which are not 

‘‘small entities’’ for the purposes of the 

RFA. See 5 U.S.C. 601(5). The remaining 

potential grant applicants are a small 

number of Tribal Organizations 

(approximately 13) with a substantial 

emergency management/public safety 

presence within their jurisdictions. Like 

States, Tribal Organizations are not 

‘‘small entities’’ for the purposes of the 

RFA. See Small Business Regulatory 

Flexibility Improvements Act of 2015, S. 

1536, 114th Cong. § 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 


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44138 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

number. The Agencies’ proposed use of 

Standard Forms 424 (Application for 

Federal Assistance), 424A (Budget 

Information for Non-Construction 

Programs), 424B (Assurances for NonConstruction Programs), 424C (Budget 

Information for Construction Programs), 

425 (Federal Financial Report), and SF– 

LLL (Disclosure for Lobbying Activities) 

has been approved previously by OMB 

under the respective control numbers 

4040–0004, 4040–0005, 4040–0006, 

4040–0007, 4040–0014, and 4040–0013. 

The Agencies will submit a Request for 

Common Form to OMB to use the 

previously-approved information 

collection instruments. 

The Agencies obtained OMB approval 

previously for an information collection 

related to the annual progress reporting 

and closeout reporting requirements and 

State 911 Plans for the E–911 Grant 

Program, under OMB Control Number 

2127–0661. At the request of NHTSA, 

OMB discontinued this information 

collection on January 31, 2012. The 

Agencies are seeking a new information 

collection that will operate as a 

reinstatement with change of the 

previously approved information 

collection. With the new information 

collection that will operate as a 

reinstatement with change, the Agencies 

propose to collect information for the 

State 911 Plans, and Annual 

Performance Reports. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the Agencies have 

submitted the proposed new 

information collection that will operate 

as a reinstatement with change to OMB 

for its review. The Agencies will use the 

collection of information to ensure that 

grant recipients are effectively 

monitored and evaluated against the 

core purposes of the 911 Grant Program. 

The Agencies are seeking OMB approval 

for a period of three years. 

OMB Control Number: None. 

Form Number(s): None. 

Type of Review: Regular. 

Affected Public: State, local, and 

Tribal Organizations. 

Frequency: Once, State 911 Plan; 

Annually, Annual Performance Report. 

Number of Respondents: 60 (42 

States, District of Columbia, 4 

Territories, 13 Tribal Organizations). 

Average Time per Response: 154 

hours (State 911 Plan—94 hours and 

Annual Performance Report—60 hours). 

Estimated Total Annual Burden 

Hours: 9,240 hours. 

Estimated Total Annual Cost to 

Public: $400,000 ($244,156 for the State 

911 Plan; $155,844 for the Annual 

Performance Report). 

Comments are invited on: (a) Whether 

the proposed collection of information 

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). 

■ 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; 

(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. 

(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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44140 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

implement 911 services, E–911 services, 

or Next Generation 911 services or to 

manage emergency communications 

operations. If a State applicant has 

established by law or regulation an 

office or coordinator with the authority 

to manage 911 services, that office or 

coordinator must be identified as the 

designated 911 Coordinator and apply 

for the grant on behalf of the State. If a 

State applicant does not have such an 

office or coordinator established, the 

Governor of the State must appoint a 

single officer or governmental body to 

serve as the 911 Coordinator in order to 

qualify for a 911 grant. If the designated 

911 Coordinator is a governmental body, 

an official representative of the 

governmental body shall be identified to 

sign the certifications for the 911 

Coordinator. The State must notify 

NHTSA in writing within 30 days of any 

change in appointment of the 911 

Coordinator. 

(5) Certifications. The certification in 

Appendix A of this part, signed by the 

911 Coordinator, certifying that the 

applicant has complied with the 

required statutory and programmatic 

conditions in submitting its application. 

The applicant must certify that during 

the time period 180 days immediately 

preceding the date of the initial 

application, the State has not diverted 

any portion of designated 911 charges 

imposed by the State for any purpose 

other than the purposes for which such 

charges are designated or presented, that 

no taxing jurisdiction in the State that 

will be a recipient of 911 grant funds 

has diverted any portion of designated 

911 charges imposed by the taxing 

jurisdiction for any purpose other than 

the purposes for which such charges are 

designated or presented, and that, 

continuing through the time period 

during which grant funds are available, 

neither the State nor any taxing 

jurisdiction in the State that is a 

recipient of 911 grant funds will divert 

designated 911 charges for any purpose 

other than the purposes for which such 

charges are designated or presented. 

(b) Contents for a Tribal Organization 

application. An application for funds 

for the 911 Grant Program from a Tribal 

Organization must consist of the 

following components: 

(1) Tribal Organization 911 Plan. A 

plan that— 

(i) Details the projects and activities 

proposed to be funded for: 

(A) The implementation and 

operation of 911 services, E–911 

services, migration to an IP-enabled 

emergency network, and adoption and 

operation of Next Generation 911 

services and applications; 

(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. 

(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. 

§ 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 

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; 

(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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44142 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 

government, the ICO, upon its own 

initiative or when requested, may waive 

the provisions in this part. Waivers may 

only be granted for requirements that 

are discretionary and not mandated by 

statute or other applicable law. Any 

request for a waiver must set forth the 

extraordinary circumstances for the 

request. 

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. 

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 

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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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Proposed Rules 44143 

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 

Appendix D To Part 400—Annual 

Certification For 911 Grant 

Recipients—Tribal Organizations 

(To be submitted annually after grant award 

while grant funds are available) 

On behalf of [Tribal Organization], I, [print 

name], hereby 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 

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 the Tribal 

Organization will ensure that the taxing 

jurisdiction (or jurisdictions) within which 

the Tribal Organization is located that 

receives 911 grant funds does not divert any 

portion of designated 911 charges imposed 

by the taxing jurisdiction (or jurisdictions) 

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 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. 

lllllllllllllllllllll

Signature of Responsible Official 

lllllllllllllllllllll

Title 

lllllllllllllllllllll

Date 

[FR Doc. 2017–19944 Filed 9–20–17; 8:45 am] 

BILLING CODE 3510–60–P 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: FMCSA proposes to establish 

reductions in the annual registration 

fees collected from motor carriers, motor 

private carriers of property, brokers, 

freight forwarders, and leasing 

companies for the Unified Carrier 

Registration (UCR) Plan and Agreement 

for the registration years 2018, 2019 and 

subsequent years. For the 2018 

registration year, the fees would be 

reduced below the current level by 

approximately 9.10% to ensure that fee 

revenues do not exceed the statutory 

maximum, and to account for the excess 

funds held in the depository. For the 

2019 registration year, the fees would be 

reduced below the current level by 

approximately 4.55% to ensure the fee 

revenues in that and future years do not 

exceed the statutory maximum. 

DATES: Comments on this notice of 

proposed rulemaking must be received 

on or before October 2, 2017. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2017–0118 using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: 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: 

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 


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