Federal Register August 3rd

Federal Register / Vol. 83, No.
150 / Friday, August 3, 2018 / Rules and Regulations 38051
Payment
Service FCC Form No. Fee amount type code
12. Permit to Deliver Programs to Foreign Broadcast Stations

(per application):
a. Commercial Television Stations ..................................... 308 & 159 ................................ 110.00 ..................................... MBT
b. Commercial AM or FM Radio Stations ........................... 308 & 159 ................................ 110.00 ..................................... MBR
13. Recognized Operating Agency (per application) ................. Corres & 159 ........................... 1,195.00 .................................. CUG
■ 8. Section 1.1108 is revised to read as § 1.1108 Schedule of charges for (www.fcc.gov/feefiler). Remit manual
follows: applications and other filings for the filings and/or payments for these
international telecommunication services. services to: Federal Communications
Payment can be made electronically Commission, International
using the Commission’s electronic filing Telecommunication Fees, P.O. Box
and payment system ‘‘Fee Filer’’ 979096, St. Louis, MO 63197–9000.
Payment
1. Administrative Fee for Collections (per line item) .................. 99 & 99A ................................. $2.00 ....................................... IAT
2. Telecommunication Charges ................................................. 99 & 99A ................................. .................................................. ITTS
■ 9. Section 1.1109 is revised to read as § 1.1109 Schedule of charges for electronic filing and payment system
follows: applications and other filings for the ‘‘Fee Filer’’ (www.fcc.gov/feefiler).
Homeland services. Manual filings and/or payments for
Payments should be made these services are no longer accepted.
electronically using the Commission’s
Payment
1. Communication Assistance for Law Enforcement (CALEA) Corres & 159 ........................... $6,945.00 ................................ CLEA
Petitions.
[FR Doc. 2018–16039 Filed 8–2–18; 8:45 am] 911 Grant Program provides grants to 482–1816; email: MVasquez@
BILLING CODE 6712–01–P improve 911 services, E–911 services, ntia.doc.gov; or
and NG911 services and applications. Megan Brown, Attorney-Advisor,
Office of the Chief Counsel, National
DATES:This final rule becomes effective
DEPARTMENT OF COMMERCE Highway Traffic Safety Administration,
on August 3, 2018.
1200 New Jersey Avenue SE, NCC–300,
National Telecommunications and FOR FURTHER INFORMATION CONTACT: Washington, DC 20590; telephone: (202)
Information Administration For program issues: Daniel Phythyon, 366–1834; email: Megan.Brown@
Telecommunications Policy Specialist, dot.gov.
DEPARTMENT OF TRANSPORTATION Office of Public Safety Communications, For media inquiries: Stephen F.
National Telecommunications and Yusko, Public Affairs Specialist, Office
National Highway Traffic Safety Information Administration, U.S. of Public Affairs, National
Administration Department of Commerce, 1401 Telecommunications and Information
Constitution Avenue NW, Room 4076, Administration, U.S. Department of
47 CFR Part 400 Washington, DC 20230; telephone: (202) Commerce, 1401 Constitution Avenue
[Docket No. 170420407–8048–02] 482–5802; email: DPhythyon@ NW, Room 4897, Washington, DC
ntia.doc.gov; or 20230; telephone: (202) 482–7002;
RIN 0660–AA33; RIN 2127–AL86 email: press@ntia.doc.gov; or
Laurie Flaherty, Coordinator, National
Karen Aldana, Public Affairs
911 Grant Program 911 Program, Office of Emergency
Specialist, Office of Communications
Medical Services, National Highway
AGENCY: National Telecommunications and Consumer Information, National
Traffic Safety Administration, 1200 New
and Information Administration (NTIA), Highway Traffic Safety Administration,
Jersey Avenue SE, NPD–400,
Commerce (DOC); and National U.S. Department of Transportation, 1200
Washington, DC 20590; telephone: (202)
Highway Traffic Safety Administration New Jersey Avenue SE, Room W52–306,
366–2705; email: Laurie.Flaherty@
(NHTSA), Department of Transportation Washington, DC 20590; telephone: (202)
dot.gov.
(DOT). 366–3280; email: karen.aldana@dot.gov.
For legal issues: Michael Vasquez,
amozie on DSK3GDR082PROD with RULES
ACTION: Final rule. SUPPLEMENTARY INFORMATION:

Attorney-Advisor, Office of the Chief
SUMMARY: This action revises the Counsel, National Telecommunications Table of Contents
implementing regulations for the 911 and Information Administration, U.S. I. Background
Grant Program, as a result of the Department of Commerce, 1401 II. Statutory Requirements
enactment of the Next Generation 911 Constitution Avenue NW, Room 4713, III. Comments
(NG911) Advancement Act of 2012. The Washington, DC 20230; telephone: (202) A. General Comments
VerDate Sep<11>2014 23:08 Aug 02, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1
38052 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations
B. Definitions (400.2) September 21, 2017, the Agencies While there are still an estimated 50
C. Who May Apply (400.3) published a Notice of Proposed counties that are using ‘‘Basic’’ 911
1. Tribal Organizations Rulemaking (NPRM) seeking public infrastructure, the majority of State and
2. Local Applicants
D. Application Requirements (400.4)
comment on proposed regulations for local jurisdictions have completed the
1. One Versus Two Step Application the 911 Grant Program.2 process of updating their 911 network’s
Process For more than 40 years, local and infrastructure since the ENHANCE 911
2. Other Application Issues state 911 call centers, also known as Act was passed in 2004.9 As of January
E. Approval and Award (400.5) Public Safety Answering Points 2017, data collected by the National
F. Distribution of Grant Funds (400.6) (PSAPs), have served the public in Emergency Number Association (NENA)
1. Formula emergencies. PSAPs receive incoming show that 98.6 percent of PSAPs are
2. Tribal Organizations 911 calls from the public and dispatch capable of receiving Phase II E–911 10
G. Eligible Uses for Grant Funds (400.7) the appropriate emergency responders,
1. NG911 Services calls, providing E–911 service to 98.6
2. Training
such as police, fire, and emergency percent of the U.S. population and 96.5
3. Planning and Administration medical services, to the scene of percent of our country’s counties.11
4. Operation of 911 System emergencies. The purpose of the 911 With the transition to E–911 essentially
H. Continuing Compliance (400.8) Grant Program is to provide federal completed, State and local jurisdictions
I. Waiver Authority (400.11) funding to support the transition of are now focused on migrating to NG911
IV. Regulatory Analyses and Notices PSAPs and their interconnecting 911 infrastructure.
I. Background network and core services, to facilitate NG911 is an initiative to modernize
migration to an IP-enabled emergency
In 2009, NTIA and NHTSA issued today’s 911 services so that citizens,
network, and adoption and operation of
regulations implementing the E–911 first responders, and 911 call-takers can
NG911 services and applications.
Grant Program enacted in the Ensuring There are approximately 6,000 PSAPs use IP-based, broadband-enabled
Needed Help Arrives Near Callers nationwide that are responsible for technologies to coordinate emergency
Employing 911 (ENHANCE 911) Act of answering and processing 911 calls responses.12 Using multiple formats,
2004 (Pub. L. 108–494, codified at 47 requiring a response from police, fire, such as voice, text messages, photos,
U.S.C. 942) (74 FR 26965, June 5, 2009). and emergency medical services and video, NG911 enables 911 calls to
Accordingly, in 2009, NTIA and NHTSA agencies.3 PSAPs collectively handle contain real-time caller location and
made more than $40 million in grants more than an estimated 240 million 911 emergency information, improve
available to 30 States and Territories to calls each year.4 About 70 percent of all coordination among the nation’s PSAPs,
help 911 call centers nationwide 911 calls annually are placed from dynamically re-route calls based on
upgrade equipment and operations wireless phones.5 Besides the public, location and PSAP congestion, and
through the E–911 Grant Program. PSAPs communicate with third-party connect first responders to key health
In 2012, the NG911 Advancement Act call centers, other PSAPs, emergency and government services in the event of
of 2012 (Middle Class Tax Relief and Job service providers (e.g., dispatch an emergency.13
Creation Act of 2012, Public Law 112– agencies, first responders, and other Data collected by the National 911
96, Title VI, Subtitle E (codified at 47 public safety entities), and State Profile Database in 2016 show that 20 of
U.S.C. 942)) enacted changes to the emergency operations centers.6 Most the 46 States submitting data have
program. The NG911 Advancement Act PSAPs rely on decades-old, adopted a statewide NG911 plan, 17 of
provides new funding for grants to be narrowband, circuit-switched networks 46 States are installing and testing basic
used for the implementation and capable of carrying only voice calls and components of the NG911
operation of 911 services, E–911 very limited amounts of data.7 infrastructure, 10 of 45 States have 100
services, migration to an IP-enabled Advances in consumer technology percent of their PSAPs connected to an
emergency network, and adoption and offering capabilities such as text Emergency Services IP Network, and 9
operation of NG911 services and messaging and video communications of 45 States are using NG911
applications; the implementation of IP- have quickly outpaced those of PSAPs, infrastructure to receive and process 911
enabled emergency services and which often cannot support callers who voice calls.14 These data suggest that
applications enabled by Next wish to send text messages, images, most State and local jurisdictions have
Generation 911 services, including the video, and other communications that already invested in and completed
establishment of IP backbone networks utilize large amounts of data (e.g., implementation of both basic 911
and the application layer software telematics, sensor information).8 services and E–911 services and are
infrastructure needed to interconnect focused on migration to NG911. The 911
the multitude of emergency response 2 See NTIA and NHTSA, 911 Grant Program, Grant Program now seeks to provide
organizations; and training public safety Notice of Proposed Rulemaking, 82 FR 44131 (Sept. financial support for investment in the
personnel, including call-takers, first 21, 2017), available at https://www.gpo.gov/fdsys/
pkg/FR-2017-09-21/pdf/2017-19944.pdf (NPRM).
forward-looking technology of NG911 as
responders, and other individuals and 3 Federal Communications Commission (FCC),
organizations who are part of the Final Report of the Task Force on Optimal PSAP 9 NENA 9–1–1 Statistics.
emergency response chain in 911 Architecture (TFOPA) at 15 (Jan. 29, 2016), 10 See 47 CFR 20.18(e), (h) (defining Phase II
services. In 2016, about $115 million available at https://transition.fcc.gov/pshs/911/ enhanced 911 service).
TFOPA/TFOPA_FINALReport_012916.pdf (TFOPA 11 NENA 9–1–1 Statistics.
from spectrum auction proceeds were Final Report). The National Emergency Number 12 National 911 Program, Next Generation 911 for
deposited into the Public Safety Trust Association (NENA) estimates that there are 5,874 Leaders in Law Enforcement Educational
Fund and made available to NTIA and primary and secondary PSAPs as of January 2017. Supplement at 3 (2013), available at https://
NHTSA for the 911 Grant Program.1 On NENA 9–1–1 Statistics, available at http://
www.911.gov/pdf/National_911_Program_NG911_
www.nena.org/?page=911Statistics. Publication_Leaders_Law_Enforcement_2013.pdf.
4 TFOPA Final Report at 15. See also, NENA 9–
1 The Public Safety Trust Fund (TAS 13–12/22– 13 Id. at 4–5.
1–1 Statistics.
8233) is an account established in the Treasury and 5 Id.
14 National 911 Program, 2016 National 911
managed by NTIA. From this account, NTIA makes Progress Report at 3, 85, 89 (Dec. 2016), available
6 TFOPA Final Report at 15.
available funds for a number of public safety related at https://www.911.gov/pdf/National_911_
7 Id.
programs, including the 911 Grant Program. See 47 Program_Profile_Database_Progress_Report_
U.S.C. 1457(b)(6). 8 Id. 2016.pdf.
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38053
contemplated by the NG911 (MO DPS); and the Texas Commission stressed that ‘‘[s]tatistics of 911 services
Advancement Act. on State Emergency Communications are key to accurately measuring current
(TX CSEC). Four associations and status and implementation across the
II. Statutory Requirements
consortiums provided comments: the United States.’’ 19
The Agencies’ action implements Association of Public-Safety Four commenters discussed
modifications to the E–911 Grant Communications Officials— interoperability as a primary goal of the
Program as required by the NG911 International, Inc. (APCO); the National 911 Grant Program.20 APCO commented
Advancement Act of 2012 (Pub. L. 112– Association of State 911 Administrators that the standards listed in the
96, Title VI, Subtitle E, codified at 47 (NASNA); the National Emergency SAFECOM Guidance are ‘‘very broad, in
U.S.C. 942). The NG911 Advancement Number Association, Inc. (NENA); and some cases incomplete, and unlikely to
Act modifies the 911 Grant Program to the National States Geographic ensure interoperability, at least without
incorporate NG911 services while Information Council (NSGIC). There costly after-the-fact integrations.’’ 21
preserving the basic structure of the were two corporate commenters: APCO recommended that the Agencies
program, which provided matching Carbyne Public Safety Systems add a definition for ‘‘interoperable’’ and
grants to eligible State and local (Carbyne) and Motorola Solutions, Inc. explicitly require that applicants’ State
governments and Tribal Organizations (Motorola). Ten individual commenters 911 plans commit to ensuring that
for the implementation and operation of also provided comments: Annabel solutions meet clear interoperability
Phase II services, E–911 services, or Cortez; Daniel Ramirez; John Sage; requirements.22 Specifically, APCO
migration to an IP-enabled emergency Jonathan Brock; Lara Wood; Lisa suggested that the Agencies replace the
network. Ondatje; S. Bennett; and three word ‘‘interconnect’’ in 47 CFR
The NG911 Advancement Act, anonymous commenters. Of these 400.4(a)(1)(i)(B) with the term
however, broadens the eligible uses of comments, three were out of the scope ‘‘interoperable.’’ 23 The proposed
funds from the 911 Grant Program to of this rulemaking.15 regulatory language in Section
include: Adoption and operation of 400.4(a)(1)(i)(B) is a direct quote from
NG911 services and applications; the A. General Comments
the statute.24 While the Agencies agree
implementation of IP-enabled NASNA expressed general agreement that interoperability is an important goal
emergency services and applications with the Agencies’ proposal to retain the in the implementation of an NG911
enabled by NG911 services, including E911 Grant Program regulations as the system, the Agencies believe that the
the establishment of IP backbone basic framework for the 911 Grant statutory term ‘‘interconnect’’
networks and the application layer Program.16 We address NASNA’s sufficiently covers the goal of
software infrastructure needed to specific recommendations in the interoperability, and make no change to
interconnect the multitude of sections below. the regulation in response to this
emergency response organizations; and APCO recommended consistent use of comment.
training public safety personnel, ‘‘the National 911 program office’’ for
including call-takers, first responders, purposes of administering the grant B. Definitions (400.2)
and other individuals and organizations program in order to provide simplicity The DC OUC suggested that the
who are part of the emergency response and avoid confusion.17 The regulatory agencies add a definition for ‘‘District’’
chain in 911 services. The NG911 text contains references to the ICO, the or ‘‘territories.’’ 25 The statutory
Advancement Act also increases the Administrator and Assistant Secretary definition for ‘‘State,’’ which the
maximum Federal share of the cost of a (jointly), the Agencies, and to NHTSA. agencies have incorporated into the
project eligible for a grant from 50 After reviewing these references, the regulation in its entirety, includes the
percent to 60 percent. Agencies have determined that, with the District of Columbia and all U.S.
States or other taxing jurisdictions exception of one reference, these territories,26 therefore the agencies
that have diverted fees collected for 911 designations are appropriate to the roles decline to make this change.
services remain ineligible for grants fulfilled in each case. As a result, the Two commenters requested changes
under the program and a State or Agencies have changed the reference to to the definition for ‘‘Next Generation
jurisdiction that diverts fees during the ‘‘Agencies’’ in 47 CFR 400.6(a)(2) to 911 services.’’ NASNA noted that some
term of the grant must repay all grant ‘‘ICO.’’ of the capabilities listed in the
funds awarded. The NG911 Three commenters, Lisa Ondatje, definition for Next Generation 911
Advancement Act further clarifies that Annabel Cortez, and S. Bennett, services do not currently exist, and
prohibited diversion of 911 fees expressed general support for the suggested that the definition be
includes elimination of fees as well as importance of implementing NG911 modified to clarify this.27 APCO
redesignation of fees for purposes other technologies.18 Annabel Cortez further requested clarification that NG911
than implementation or operation of 911 services encompass the ‘‘operational
services, E–911 services, or NG911 15 An anonymous commenter commented broadly
services during the term of the grant. on EPA grants. Jonathan Brock and the Missouri 19 Cortez.
Department of Public Safety both commented to 20 See APCO at 1–3; Carbyne, https://
III. Comments encourage inter-agency sharing of dark fiber
www.regulations.gov/document?D=NHTSA-2017-
resources at the State level. However, the 911 Grant
The Agencies received submissions 0088-0008; NENA at 2 (late-filed), https://
Program is an implementation grant and does not
www.regulations.gov/document?D=NTIA-2017-
from 21 commenters in response to the opine on the technologies used by grantees to
0002-0017; NSGIC at 1, https://
NPRM. Commenters included the implement NG911.
16 NASNA at 1, https://www.regulations.gov/
www.regulations.gov/document?D=NTIA-2017-
following five State and local agencies: document?D=NTIA-2017-0002-0016.
0002-0009.
21 APCO at 2.
The City of Chicago Office of Emergency
17 APCO at 5, https://www.regulations.gov/
22 Id. at 3.
Management and Communications document?D=NTIA-2017-0002-0010. 23 Id.
(Chicago OEMC); the Colorado Public 18 See generally, Lisa Ondatje, https://
24 See 47 U.S.C. 942(b)(1)(B).
Utilities Commission (CO PUC); the www.regulations.gov/document?D=NTIA-2017-
25 DC OUC, https://www.regulations.gov/
0002-0007; Annabel Cortez, https://
District of Columbia Office of Unified www.regulations.gov/document?D=NHTSA-2017- document?D=NTIA-2017-0002-0005.
Communications (DC OUC); the 0088-0004; S. Bennett, https://www.regulations.gov/ 26 See 47 U.S.C. 942(e)(8).
Missouri Department of Public Safety document?D=NTIA-2017-0002-0003. 27 NASNA at 1.
goal whereby information sent to PSAPs Tribal Organizations to determine streamline the grant process. However,
can be received, processed, and acted whether to apply individually or to be as in the prior iteration of the program,
upon.’’ 28 The agencies decline to make included in a State’s application.35 each applicant State is required to
the requested changes because the Similarly, NASNA recommended that coordinate its application with local
regulatory definition incorporates the the Agencies require any applicant governments and PSAPs within the
statutory definition.29 However, in the Tribal Organizations to inform the State and to ensure that 90 percent of
eligible uses section of the NPRM, the relevant State 911 Coordinator of their the grant funds be used for the direct
agencies specifically stated that grant application in order to avoid benefit of PSAPs.
recipients may choose to purchase or duplication of efforts.36 As in the prior
D. Application Requirements (400.4)
contract for services that provide the iteration of the program, each State
‘‘hardware and software that perform applicant must coordinate its 1. One- Versus Two-Step Application
the necessary functions enabling NG911 application with local governments, Process
calls to be received, processed and Tribal Organizations, and PSAPs within The Agencies sought comment on
dispatched.’’ 30 We reaffirm that here. the State.37 In the course of this whether to retain the one-step
coordination—and prior to including a application process from the prior E911
C. Who May Apply (400.3)
Tribal Organization in its application Grant Program, or whether to use a
1. Tribal Organizations project budget—the State should proposed two-step application process.
Daniel Ramirez, NASNA, NENA, and determine whether a Tribal Two commenters, Motorola and the MO
an anonymous commenter all expressed Organization within its jurisdiction DPS, requested that the Agencies retain
general support for the Agencies’ intends to apply directly for grant the one-step application process from
proposal to allow Tribal Organizations funding. An applicant Tribal the prior E911 Grant Program.41
to apply directly for 911 Grant Program Organization must certify non-diversion Motorola explained that the one-step
funding, noting that the prior by the State(s) in which it is located; to application would expedite the grant
regulations only allowed Tribal do so, a Tribal Organization should process and avoid confusion amongst
Organizations to receive grant funding contact the State(s) in which it is applicants, and argued that the
through States and thus did not located.38 The Agencies believe that the proposed two-step application process
adequately support tribes.31 The existing coordination inherent in the is burdensome by requiring 911
anonymous commenter further noted application process ensures that a State authorities to meet two deadlines.42
that Tribal Organizations may have will not unknowingly account for a Four commenters—the CO PUC,
difficulty meeting program Tribal Organization in its grant NASNA, the TX CSEC, and an
requirements, but did not specify which application if that Tribal Organization anonymous commenter—supported a
requirements. has applied independently, and two-step application process as
The CO PUC cautioned the Agencies therefore, we do not believe any changes proposed by the Agencies.43 Based on
not to create a ‘‘one-size fits all’’ to the regulation are required. the comments received, including the
approach for Tribal Organization The Agencies specifically asked more detailed comments described
applications and participation because commenters whether tribal PSAPs below, the Agencies have determined
Tribal Organizations vary widely in collect 911 surcharge fees and/or receive that a two-step application will provide
‘‘size, resources, and the current State-provided 911 surcharge funds. The applicants with the most stable initial
sophistication of their 9–1–1 CO PUC responded that 911 surcharges funding levels upon which they can
systems.’’ 32 The CO PUC further noted are collected by local 911 governing prepare project budgets and will ensure
that the ability of Tribal Organizations bodies in Colorado and that one tribe, the most efficient application process.
to meet the non-diversion, 911 the Southern Ute Tribe, receives NASNA expressed support for a two-
Coordinator, or match requirements funding from the Emergency Telephone step process, while noting several issues
would likely vary by Tribal Service Authority of La Plata County. that may still arise under that process.44
Organization.33 The Agencies agree that However, the CO PUC stated that it does NASNA noted that, for example,
not have reason to believe that the applicants may make the initial
the needs and capacities of Tribal
Southern Ute Tribe will have trouble certifications, but later find they are
Organizations may vary widely. The
certifying that it does not divert 911 unable to meet the match requirement
Agencies believe that providing Tribal
surcharge fees.39 or certify non-diversion of funds.45
Organizations the option to apply for
grant funding either directly or through 2. Local Applicants Nonetheless, NASNA stated that ‘‘there
States accommodates this diversity. The Chicago OEMC suggested that is practical value to states in knowing
The CO PUC cautioned that if Tribal cities with large 911 systems be allowed exactly how much funding they can
Organizations are allowed to obtain to apply directly for grants due to ‘‘the apply for.’’ 46
grant funding both directly and through The CO PUC noted that the two-step
expansive scope of their operations as
States, it could lead to waste or application process would be more
well as their specialized
duplication of efforts.34 The CO PUC efficient because it would not require
requirements.’’ 40 While the Agencies
recommended that the Agencies require understand this concern, the Agencies applicants to submit a supplemental
continue to believe that limiting the project budget after submitting their
28 APCO at 2.
29 See
applicant pool to States and Tribal
47 U.S.C. 942(e)(5). 41 See Motorola at 4–5, https://
30 NPRM, 82 FR 44131, 44135.
Organizations is necessary in order to www.regulations.gov/document?D=NTIA-2017-
31 Daniel Ramirez, https://www.regulations.gov/ minimize administrative costs and to 0002-0015; MO DPS, https://www.regulations.gov/
document?D=NTIA-2017-0002-0014.
document?D=NHTSA-2017-0088-0006; NASNA at
35 Id. 42 See Motorola at 4–5.
1–2; NENA at 1; Anonymous Comment One,
https://www.regulations.gov/document?D=NHTSA- 36 NASNA at 1–2. 43 See CO PUC at 3; NASNA at 2; TX CSEC at 2,
2017-0088-0002. 37 47 CFR 400.4(a)(1)(iii)(A). https://www.regulations.gov/document?D=NTIA-

32 CO PUC at 2, https://www.regulations.gov/ 38 Id. at § 400.4(b)(5). 2017-0002-0011; Anonymous Comment One.
document?D=NTIA-2017-0002-0012. 39 CO PUC at 2. 44 NASNA at 2.
33 Id. at 1–2. 40 Chicago OEMC, https://www.regulations.gov/ 45 Id.
34 Id. at 1. document?D=NTIA-2017-0002-0013. 46 Id.
original applications.47 The Agencies do to undertake a second rulemaking to and certification requirements are clear
note, however, that although a change the application process. that each applicant must sign the
supplemental budget is no longer certification. Applicants may, if they
2. Other Application Issues
required, applicants are still advised to wish, solicit certifications from grant
submit a supplemental budget in the The DC OUC requested that the subrecipients as an internal matter, but
second step of the application process required State 911 Plan be ‘‘defined the certification submitted to the
for use if additional funds become well,’’ noting that although DC has an Agencies must be signed by the 911
available at any point in the grant NG911 Plan, it does not have a State 911 Coordinator. The Agencies, therefore,
program. Plan because DC only has a single make no modifications to the regulatory
PSAP.53 Without specific concerns from language.
The TX CSEC requested confirmation
commenters, the Agencies do not
on some aspects of the two-step APCO recommended that the
believe it is necessary to clarify those
application process.48 The TX CSEC Agencies allow applicants ‘‘that have
requirements further because the
asked whether an applicant that does already expended non-federal funds
application requirements laid out in
not submit the certifications by the toward NG911 deployments to count
Section 400.4 provide a detailed
initial application deadline would be such expenses as in-kind contributions’’
description of the required components
precluded from further participation in to satisfy the grant program’s 40 percent
of a State 911 Plan. The Agencies note
the grant program.49 It further asked non-Federal match requirement.58 To
that in instances like that of DC where
whether, in the event a State did not allow applicants to match grant funds
there is a single PSAP in an applicant’s
submit the initial certifications, ‘‘the based on previous investments in 911
jurisdiction, it is not necessary to
portion of 911 grant funds that would would be contrary to the statutory
include multiple PSAPs in the State 911
otherwise be allocated to it by formula intent. The NG911 Advancement Act
Plan as described in the regulation.
would be included in the preliminary The MO DPS stated that ‘‘the mandates a 60 percent Federal share at
funding allocations for certifying requirement to give priority to the project level.59 The Agencies refer
Applicants?’’ 50 In order to participate in communities without 911 from the all applicants to 2 CFR 200.306 for more
the grant program, an applicant must current E–911 Grant Program should not details on what is allowable to meet the
submit the initial certifications by the be eliminated.’’ 54 The ENHANCE 911 match requirement.
initial application deadline. Failure to Act, as amended by Public Law 110– E. Approval and Award (400.5)
do so will remove that State from the 53,55 directed the Agencies to allow a
funding pool; the preliminary funding portion of the E–911 grant funds to be Lara Wood commented that 47 CFR
levels will be calculated only for those used to give this priority to PSAPs that 400.5(c) states that the agencies will
applicants that submitted initial could not receive 911 calls. The NG911 announce awards by September 30,
certifications. Finally, TX CSEC sought Advancement Act, however, eliminated 2009, and suggested that the date should
confirmation that the option to submit that requirement and the Agencies do read September 30, 2019.60 September
a supplemental project budget is meant the same in this regulation. 30, 2009, is the date that appeared in the
to ‘‘to account for the possibility that, The TX CSEC commented that the previously published E–911 Grant
notwithstanding having submitted an certification requirement ‘‘obligates Program regulations. The new
acceptable initial certification, an each designated State 911 Coordinator regulatory language does not include a
Applicant may (a) ultimately not submit (the Coordinator) to certify as to the specific award announcement date.
an application, (b) may submit an non-diversion of designated 911 charges Instead, the Agencies intend to provide
application with a budget less than its for all grant recipients,’’ including the expected award date in the Notice
preliminary funding amount; (c) not be ‘‘taxing jurisdictions and grant of Funding Opportunity.
able to use all of its preliminary funding recipients over whom the Coordinator
during the grant period, or (d) have to F. Distribution of Grant Funds (400.6)
may have no direct authority.’’ 56 TX
return a portion of grant funds as a CSEC proposed modifications to Section 1. Formula
result of being unable to provide a 400.4(a)(5) and Appendices A and C in
complete annual certification regarding order ‘‘to allow the State 9–1–1 The Agencies requested comment on
or a previous certification was deemed Coordinator to receive and submit whether the existing grant distribution
inaccurate.’’ 51 The Agencies confirm certifications directly from each taxing formula factors—population and public
this statement. jurisdiction that will be a grant road mileage—remain appropriate, and
The anonymous commenter recipient,’’ so that the 911 Coordinator if not, what factors they should
recommended that the two-step process could ‘‘pass-through the certifications of consider. The Agencies sought specific
‘‘should be implemented and run for a [these] taxing jurisdictions.’’ 57 comment on how to account for remote
trial period,’’ and that the Agencies Applicants, through their 911 and rural areas.
make modifications or return to the one- Coordinator, must certify that neither APCO commented that the Agencies’
step process if the trial does not work.52 the State (or Tribal Organization) nor proposal to apportion ‘‘available grant
The funds made available from the any taxing jurisdiction that directly funds across all of the states and tribal
Public Safety Trust Fund for the 911 receives grant funds has diverted or will organizations, to serve 911, Enhanced
Grant Program are available for divert designated 911 charges. The 911 (E911), and NG911 purposes’’
obligation only until September 30, Agencies understand that applicants would lead to only marginal
2022. The Agencies do not believe that may not have authority over every enhancements in any given area.61
there is sufficient time before that date taxing jurisdiction which receives grant Instead, APCO suggested that the
funds. However, the statutory language Agencies give grants for ‘‘model NG911
47 CO PUC at 3.
48 TX CSEC at 2–3. 53 See DC OUC. 58 APCO at 4.
49 Id. 54 MO DPS. 59 47 U.S.C. 942(b)(2).
50 Id.at 2. 55 Title XXIII, section 2303, Aug. 3, 2007. 60 See Lara Wood, https://www.regulations.gov/
51 Id.at 2–3. 56 TX CSEC at 3. document?D=NTIA-2017-0002-0004.
52 See Anonymous Comment One. 57 Id. at 3–4. 61 APCO at 1.
deployments for a few areas.’’ 62 While cell towers retain an important role in 2. Tribal Organizations
the Agencies understand APCO’s the transmission of 911 calls to PSAPs, The Agencies specifically sought
concerns, the Agencies continue to but disagreed with the Agencies’ use of comment on how to distribute grant
believe that a formula-based distribution road miles as a proxy for cell towers funds to Tribal Organizations. Two
of grant funds to all eligible States is because cell towers in Colorado are commenters, the CO PUC and an
necessary to assist in the often built on mountain peaks far from anonymous commenter, expressed
implementation of NG911 nationwide, roads.68 The CO PUC recommended the support for applying the same formula
not just in specific locations. The following formula: 40 percent to States and Tribal Organizations as
Agencies have set a minimum grant population, 40 percent land area, and 20 proposed by the Agencies.73 The CO
amount in order to ensure that each percent tourism rates.69 The CO PUC PUC further recommended setting a
eligible State and Territory receives a further recommended that the Agencies floor level of funding for Tribal
more than de minimis amount of grant consider including terrain as a factor in Organizations, similar to the minimum
funds. distributing grant funding.70 The grant amounts provided for States and
Several commenters—identified in Territories.74 The Agencies decline to
Agencies acknowledge the difficulty of
more detail below—recommended set a minimum grant amount for Tribal
accounting for tourism and terrain
additional or substitute factors to use in Organizations because the size of Tribal
differences between states. However, the
the funding allocation, including call Organizations varies so widely that a
commenter has not identified a reliable
volume, land area, tourism rates, terrain, minimum funding level could create
cost of needed technological source for State-level tourism rates, nor
provided any recommendation for inequities and inefficiencies. Therefore,
advancements, usage data of call the Agencies will retain the proposed
centers, wealth of state/region, access to translating terrain into a formula
variable. maximum funding level applicable to
hospitals/emergency centers, and type Tribal Organizations.
of threat experienced by location. An anonymous commenter supported
The MO DPS expressed support for better accounting for rural areas and G. Eligible Uses for Grant Funds (400.7)
retaining the current formula factors: advocated a weighted tiered system The regulatory language of 47 CFR
Population and public road mileage.63 with individualized factors—including 400.7 lays out the broad parameters of
An anonymous commenter expressed weighted scales to account for the types eligible use of 911 Grant Program funds.
support for using population and public of threats to safety as well as the cost The Agencies provided additional
road mileage as factors for distribution and type of the technological clarification on certain specific uses of
of funds, and suggested the following advancements needed—for determining funds in the preamble to the NPRM. The
additional potential factors: ‘‘Data grant funding amounts in order to Agencies received several comments
regarding the usage of call centers in provide for more flexibility.71 The relating to these uses. In order to keep
those areas, wealth of the state or region commenter further recommended the regulatory language broad, and to
and their access to hospitals and breaking States into geographic regions provide flexibility to grant recipients,
emergency centers.’’ 64 However, the ‘‘so grants can be distributed to areas the Agencies make no change to the
anonymous commenter did not provide justifiably with public input.’’ 72 While regulatory language in response to these
any explanation for those factors. the Agencies appreciate the importance comments, but will address those
NASNA stated that the currently of directing grant funds where they are comments here to provide further
proposed formula may not adequately needed most, the Agencies recognize clarification.
fund rural areas, but cautioned against that it is necessary to streamline the 1. NG911 Services
choosing a factor that advantages rural grant process in order to provide timely
states with a large land mass over APCO and the CO PUC expressed
awards. In addition, the Agencies do not
smaller rural states.65 support for the Agencies’ proposal to
have the expertise to make this type of
The DC OUC and the Chicago OEMC provide grant recipients the flexibility to
localized determination. The Agencies
both suggested using call volume as a determine whether to provide NG911
believe that States are best situated to services directly or through a contract.75
factor in the funding allocation in order
determine the needs of localities within APCO further suggested that the
to account for locations that have high
their borders. The Agencies have, Agencies encourage applicants to
tourist and commuter populations.66
therefore, limited applications to States ‘‘propose forward-thinking solutions for
Funds for the 911 Grant Program are
distributed at the State level, rather than and Tribal Organizations. The Agencies NG911, even if the proposals deviate
at the PSAP level. The Agencies are make no change to the rule in response from traditional approaches to NG911
concerned that call volume, which to this comment. network architectures.’’ 76 Provided that
might provide useful localized data, After considering the comments the hardware, software, and/or services
would be less useful once aggregated submitted, and consistent with the comply with current NG911 standards,
across a State with a mix of urban and Agencies’ specific responses above, the the Agencies do not proscribe specific
rural areas. Agencies have determined that the architecture for a grantee’s NG911
Similarly, the CO PUC commented existing formula, which equally system.
that it does not support the currently accounts for population and road miles, The DC OUC and the MO DPS
proposed formula because it is unfair to is the most reliable method for requested that the Agencies add
rural, mountainous states such as calculating the distribution of 911 Grant consulting services to assist with the
Colorado that have large tourist Program funds. NG911 transition and deployment as an
populations.67 The CO PUC agreed that eligible cost.77 In 47 CFR 400.9(a), the
68 Id. Agencies identified the requirements of

62 Id. 69 CO PUC at 5–6.
63 See MO DPS. 70 Id. 73 See CO PUC at 5, Anonymous Comment One.
64 Anonymous Comment One. 71 See 74 See CO PUC at 5.
Anonymous Comment Two, https://
65 NASNA at 2. 75 See APCO at 3, CO PUC at 6–7.
www.regulations.gov/document?D=NHTSA-2017-
66 See DC OUC, Chicago OEMC. 0088-0005. 76 APCO at 3.
67 CO PUC at 4. 72 Id. 77 See DC OUC, MO DPS.
2 CFR part 200, including the cost Carbyne expressed support for validation testing (IV&V)] for all
principles in Subpart E, as applicable to innovative solutions in NG911 and proposed product, service, and system
the grants awarded under this program. recommended that ‘‘any allocation of purchases funded with grant monies, or
In accordance with those cost grant funds must come with the to fund collaborative, multi-
principles, consultant costs are requirement that software and hardware jurisdictional IV&V testing’’ to ensure
allowable provided that certain be able to communicate with different interoperability.87 The NG911
conditions are met. Commenters are PSAPs based on clearly defined Advancement Act was established to
directed to the applicable cost principle, standards that the FCC demands.’’ 82 facilitate implementation of NG911
2 CFR 200.459—Professional service The FCC has jurisdiction to regulate the services. While IV&V testing may be a
costs, for detail. telecommunications service providers useful tool for grantees, the Agencies do
NENA supports the Agencies’ that deliver 911 calls from the public to not believe that IV&V testing by
incorporation of the NG911 standards, PSAPs, whereas the 911 Grant Program individual States is an effective or
as listed in the DHS SAFECOM provides funds for the direct benefit of efficient use of the limited grant funds
Guidance, Appendix B, which NENA PSAPs to improve the 911 system. FCC available at this time.
notes incorporates by reference many standards, therefore, are not applicable
to hardware and software purchased 2. Training
NENA standards.78 NENA specifically
urged the Agencies to encourage grant using 911 Grant Program funds. The Agencies requested comment on
recipients to implement i3-based NSGIC commented that development whether they should set a limit on the
deployments, relying on the NENA i3 and maintenance of geospatial datasets amount of 911 Grant Program funds that
standard laid out in ‘‘Detailed are necessary in order to support the may be used for training and whether
Functional and Interface Specifications desired NG911 services of call routing training funds should be limited to
for the NENA i3 Solution.’’ 79 Similarly, and coordinated incident response and training designed to meet the
NSGIC commented that the Agencies management.83 NSGIC provided ‘‘Recommended Minimum Training
should more explicitly require suggested regulatory language Guidelines for Telecommunicators,’’ 88
applicants to follow NENA’s i3 standard, modifications to the definition of Next developed as part of a three-year effort
instead of the existing incorporation of Generation 911 services (Section 400.2), by the National 911 program office. Two
the DHS SAFECOM Guidance.80 The to the Application requirements section commenters, APCO and Motorola,
Agencies would like to clarify that the (Section 400.4(a)(1)(i)(B)), and to the stated that use of 911 Grant Program
SAFECOM Guidance contains a list of Eligible uses section (Section 400.7(b)) funds for training should not be limited
acceptable standards which is a vital to incorporate geographic information to training designed to meet the
resource for developing an NG911 system (GIS) data.84 The Agencies agree ‘‘Recommended Minimum Training
system that meets the goal of that GIS data is an integral component Guidelines for Telecommunicators.’’ 89
interoperability. The Agencies reaffirm of the NG911 system. However, GIS data APCO recommended that eligible
the requirement for grant recipients to is already included in the broader terms training ‘‘should be related to
specify that hardware, software, and ‘‘software’’ and ‘‘data,’’ which are used operationalizing NG911 capabilities,’’
services comply with current NG911 in the specified regulatory provisions. whereas Motorola recommended that
standards; however, individual products Furthermore, the regulatory provisions ‘‘NG9–1–1 grant program funds should
only need to meet the relevant to which NSGIC provides recommended therefore be made available to support
standard(s) within the list of standards modifications are taken directly from all levels of 9–1–1 services training.’’ 90
in the SAFECOM Guidance. As NENA the statutory language. Therefore, the The CO PUC expressed support for the
notes in its comment, the DHS Agencies decline to make the suggested Minimum Training Guidelines
SAFECOM Guidance incorporates by modifications. developed by the National 911 Program
The CO PUC requested clarification as Office and commented that those
reference the 911 Program’s ‘‘NG911
to what qualifies as an ‘‘NG911 guidelines were not unduly
Standards Identification and Review,’’
application eligible for funding,’’ and burdensome. The CO PUC then stated
which in turn lists NENA’s i3 standard.
specifically asked whether a Computer that it recommends that training
Conversely, the CO PUC Aided Dispatch (CAD) system expenses ‘‘be strictly limited to training
recommended that States be able to configured similar to an Emergency pertaining to NG9–1–1 transition and
apply for waivers of the requirement Services IP-network, or a CAD or radio implementation,’’ but does not believe
that hardware, software, and services system that is interoperable with the that there should be a limit on the
comply with the current NG911 NG911 network, would be considered amount of funds expended on
standards listed in DHS’s SAFECOM an eligible ‘‘NG911 application.’’ 85 The training.91
Guidance in certain instances—for regulation allows use of funds for ‘‘IP- After considering the comments
example, when unable to find a product enabled emergency services and received, the Agencies believe that it is
that meets all of the listed standards.81 applications enabled by NG911 important to retain flexibility for grant
The Agencies do not believe that services.’’ 86 Whether a CAD or a radio recipients while ensuring efficient use
waivers are the most effective means of system is an eligible application enabled of funds to meet the statutory intent to
addressing the problem of vendors that by NG911 services, therefore, depends assist implementation of NG911.
do not meet existing standards. Rather, on whether the CAD or radio system is
any vendor that believes it is impossible IP-enabled. 87 NENA at 1–2.
to meet existing standards is encouraged NENA urged the Agencies to 88 See National 911 Program, ‘‘Recommended
to work with the relevant Standards ‘‘encourage applicants to include Minimum Training Guidelines for
Development Organization (SDO) to relevant [independent verification and Telecommunicators’’ (May 19, 2016), available at
revise existing standards. http://www.911.gov/pdf/Recommended_Minimum_
Training_Guidelines_for_the_911_
82 Carbyne.
Telecommunicator_FINAL_May_19_2016.pdf
78 See NENA at 2. 83 NSGIC at 1. (Minimum Training Guidelines).
79 Id. 84 Id.at 2. 89 See APCO at 4, Motorola at 4.
80 NSGIC at 1–2. 85 CO PUC at 6. 90 APCO at 4, Motorola at 4.
81 CO PUC at 7. 86 47 CFR 400.7(b). 91 CO PUC at 7.
Therefore, the Agencies will not set a Force on Optimal Public Safety capital expenses related to the NG911
limit on the amount of funds that may Answering Point Architecture, with transition—is an eligible cost.
be used for training. However, 911 Grant extensive participation from the 911
Program funds may only be used for H. Continuing Compliance (400.8)
stakeholder community, both private
training that is related to NG911 and public. One of the most important APCO requested that the Agencies
implementation and operations. In order capacities of 911 systems is create a clear definition of fee diversion,
to ensure similar levels of training interoperability. The Agencies believe citing disagreement between the FCC
across the different components of that a common assessment will help in and four States in the most recent FCC
NG911, the ‘‘Recommended Minimum this goal. For this reason, the Agencies report ‘‘On State Collection and
Training Guidelines for strongly recommend that grantees Distribution of 911 and Enhanced 911
Telecommunicators’’ must serve as a complete an assessment using the Fees and Charges.’’ 100 The FCC’s annual
base level for training provided. NG911 Readiness Scorecard, but
In response to the Agencies’ request report is authorized under the New and
grantees may choose another basis for Emerging Technologies 911
for comment on possible methods of their assessments.
documentation of PSAP compliance Improvement Act of 2008 (NET 911
with the Minimum Training Guidelines, 4. Operation of 911 System Act), which is separate from the NG911
the CO PUC recommended certification Advancement Act. As such, the
by the 911 coordinator.92 The Agencies’ The MO DPS stated that ‘‘[f]or 911– Agencies are not bound by the FCC’s
goal is to ensure that training provided PSAPs that only have basic 911 interpretation of non-diversion under
using 911 Grant Program funding at infrastructure and the legacy the NET 911 Act. The NG911
least meet the Minimum Training enhancements from the 2009 E–911 Advancement Act requires applicants to
Guidelines with the least burden on grant, sustainment and maintenance of certify that ‘‘no portion of any
grantees. As such, the Agencies will those systems should be considered as designated 911 charges imposed by a
require grantees to submit an eligible cost.’’ 97 Relatedly, the DC State or other taxing jurisdiction within
documentation that describes the OUC requested that the agencies allow which the applicant is located are being
training being provided and that recipients to use grant funds for obligated or expended for any purpose
identifies the included elements from ‘‘continuation or maintenance of other than the purposes for which such
the Minimum Training Guidelines. NG911’’ for ‘‘early adopters.’’ 98 charges are designated or presented.’’ 101
The CO PUC recommended that the However, in order to maximize use of As such, fee diversion is largely
Agencies allow recipients to use grant funds to meet the statutory goal of dependent upon how the fees in
funds to ‘‘establish an ongoing training implementation of an NG911 system, question are designated, which varies by
program for public safety the Agencies have determined that grant State. Providing a single definition of
telecommunicators.’’ 93 The Agencies recipients may only use 911 Grant fee diversion, beyond the description
believe that establishing an ongoing Program funds to cover the costs of provided by the statute and
training program is already an allowable operating the NG911 system during the incorporated in the certifications, would
expense under the program, though period when the recipient is also ignore the ability of States to designate
some costs of establishing such a operating the current legacy system. 911 charges. The Agencies make no
program may qualify as administrative Once the NG911 system is fully change to the rule in response to this
expenses subject to the 10 percent operational, the costs of operating the comment.
maximum. system should be paid for using Daniel Ramirez submitted a comment
3. Planning and Administration surcharge fees collected by State and that was somewhat unclear, but that the
local governments, as anticipated by the Agencies interpret to state agreement
The Agencies proposed allowing the NG911 Advancement Act. Grant with the non-diversion requirement in
use of funds for an assessment, using recipients should already be using the grant.102
the FCC’s ‘‘NG911 Readiness designated 911 charges to fund the
Scorecard,’’ 94 in order to assist States in operation and maintenance of the 911 or I. Waiver Authority (400.11)
determining the status of their current E–911 systems.
911 systems as part of the NG911 The CO PUC stated general support
implementation process. APCO and the While expressing agreement with the for allowing waiver requests for
CO PUC both agreed with the Agencies’ Agencies’ clarification that operation of discretionary provisions of the grant
proposal to allow grant recipients to use the NG911 system is an eligible cost program regulations.103 APCO stated
a portion of the 10 percent maximum for while the grantee is still operating its that certain circumstances could justify
administrative costs to perform an legacy 911 system, the CO PUC stated a waiver.104 APCO also requested that
assessment of the current 911 system.95 that it does ‘‘not believe the Agencies the Agencies provide an opportunity for
However, APCO stated that ‘‘the Office intend to restrict the use of funds to notice and comment by the 911
should avoid limiting applicants’ self- only operational costs.’’ 99 The community when considering whether
assessments to any particular tool,’’ Agencies’ clarification regarding to grant a waiver.105 The Agencies
such as the NG911 Readiness operation of the NG911 system was intend to only use this waiver ability in
Scorecard.96 The NG911 Readiness intended to clarify the circumstances in extraordinary circumstances. Therefore,
Scorecard was developed by the Task which the costs of operation, as opposed
to costs of implementation, of the 100 APCO at 3. FCC, Eighth Annual Report to
92 See id. at 8. NG911 system would be allowable. As Congress On State Collection and Distribution of
laid out in the regulation, 911 and Enhanced 911 Fees and Charges (Dec. 30,
93 Id. at 7.
2016), available at https://apps.fcc.gov/edocs_
94 See FCC, TFOPA Working Group 2 Phase II
implementation of the NG911 system— public/attachmatch/DA-17-61A2.pdf.
Supplemental Report: NG9–1–1 Readiness which includes non-recurring and 101 47 U.S.C. 942(c)(2).
Scorecard (Dec. 2, 2016), available at https://
102 See Daniel Ramirez.
transition.fcc.gov/pshs/911/TFOPA/TFOPA_WG2_
Supplemental_Report-120216.pdf. 97 MO DPS. 103 See CO PUC at 9.
95 See APCO at 4, CO PUC at 8. 98 DC OUC. 104 See APCO at 4.
96 APCO at 4. 99 CO PUC at 8. 105 See id.
we decline to make a change to the entities. Accordingly, no Regulatory number. OMB has approved the
regulation in response to this comment. Flexibility Analysis is required, and Agencies’ requests to use previously-
none has been prepared. approved Standard Forms 424
IV. Regulatory Analyses and Notices
(Application for Federal Assistance),
Congressional Review Act
Executive Order 12866 (Regulatory 424A (Budget Information for Non-
Policies and Procedures) This rulemaking has not been Construction Programs), 424B
This rulemaking has been determined determined to be major under the (Assurances for Non-Construction
to be significant under section 3(f)(4) of Congressional Review Act, 5 U.S.C. 801 Programs), 424C (Budget Information for
Executive Order 12866, and therefore et seq. Construction Programs), 425 (Federal
has been reviewed by the Office of Executive Order 13132 (Federalism) Financial Report), and SF–LLL
Management and Budget (OMB). (Disclosure for Lobbying Activities)
This final rule does not contain under the respective control numbers
Executive Order 13771 policies having federalism implications 4040–0004, 4040–0005, 4040–0006,
This rulemaking is exempt from the requiring preparations of a Federalism 4040–0007, 4040–0014, and 4040–0013.
requirements of Executive Order 13771 Summary Impact Statement. OMB pre-approved the Agencies’
because it is a ‘‘transfer rule.’’ Executive Order 12988 (Civil Justice information collection request for the
Reform) State 911 Plans and the Annual
Administrative Procedure Act
Performance Reports and assigned it
The effective date of this final rule is This rulemaking has been reviewed control number 0660–0041.
the date of publication. The under Executive Order 12988, Civil The Agencies received no comments
Administrative Procedure Act’s required Justice Reform, as amended by in response to their requests to utilize
30-day delay in effective date for Executive Order 13175. The Agencies common forms or their information
substantive rules does not apply here as have determined that the final rule collection request for the State 911
this rule concerns grants. See 5 U.S.C. meets the applicable standards provided Plans and Annual Performance Reports.
553(a)(2). in section 3 of the Executive Order to The approved requests to use common
minimize litigation, eliminate forms and approved information
Regulatory Flexibility Act ambiguity, and reduce burden. collection request may be viewed at
The Chief Counsel for Regulation of reginfo.gov.
the Department of Commerce and the Executive Order 12372
Assistant Chief Counsel for the National (Intergovernmental Consultation) Unfunded Mandates Reform Act
Highway Traffic Safety Administration Applications under this program are This final rule contains no Federal
certified to the Small Business subject to Executive Order 12372, mandates (under the regulatory
Administration Office of Advocacy at ‘‘Intergovernmental Review of Federal provision of Title II of the Unfunded
the proposed rule stage that this final Programs,’’ which requires Mandates Reform Act of 1995) for State,
rule is not expected to have a significant intergovernmental consultation with local, and tribal governments or the
economic impact on a substantial State and local officials. All applicants private sector. The program is voluntary
number of small entities. Congress are required to submit a copy of their and States and Tribal Organizations that
enacted the Regulatory Flexibility Act of applications to their designated State choose to apply and qualify would
1980 (RFA), as amended, 5 U.S.C. 601– Single Point of Contact (SPOC) offices. receive grant funds. Thus, this
612, to ensure that Government See 7 CFR part 3015, subpart V. rulemaking is not subject to the
regulations do not unnecessarily or requirements of sections 202 and 205 of
disproportionately burden small Executive Order 12630
the Unfunded Mandates Reform Act of
entities. The RFA requires a regulatory This final rule does not contain 1995.
flexibility analysis if a rule would have policies that have takings implications.
a significant economic impact on a National Environmental Policy Act
substantial number of small entities. Executive Order 13175 (Consultation
and Coordination With Indian Tribes) The Agencies have reviewed this
The majority of potential applicants (56) rulemaking action for the purposes of
for 911 grants are U.S. States and The Agencies have analyzed this final the National Environmental Policy Act.
Territories, which are not ‘‘small rule under Executive Order 13175, and The Agencies have determined that this
entities’’ for the purposes of the RFA. have determined that the action would final rule would not have a significant
See 5 U.S.C. 601(5). The remaining not have a substantial direct effect on impact on the quality of the human
potential grant applicants are a small one or more Indian tribes, would not environment.
number of Tribal Organizations impose substantial direct compliance
(approximately 13) with a substantial costs on Indian tribal governments, and Dated: July 30, 2018.
emergency management/public safety would not preempt tribal law. The David J. Redl,
presence within their jurisdictions. Like program is voluntary and any Tribal Assistant Secretary for Communications and
States, Tribal Organizations are not Organization that chooses to apply and Information, National Telecommunications
‘‘small entities’’ for the purposes of the subsequently qualifies would receive and Information Administration.
RFA. See Small Business Regulatory grant funds. Therefore, a tribal summary Heidi King,
Flexibility Improvements Act of 2015, S. impact statement is not required. Deputy Administrator, National Highway
1536, 114th Cong. § 2(d) (2015) Traffic Safety Administration.
(proposing to add Tribal Organizations Paperwork Reduction Act
List of Subjects in 47 CFR Part 400
to the RFA’s ‘‘small governmental The Paperwork Reduction Act of 1995
jurisdiction’’ definition, one of three (44 U.S.C. 3501 et seq.) requires each Grant programs, Telecommunications,
categories of ‘‘small entities’’ in the Federal agency to seek and obtain OMB Emergency response capabilities (911).
RFA). Therefore, we have determined approval before collecting information ■ In consideration of the foregoing, the
under the RFA that this final rule would from the public. Federal agencies may National Telecommunications and
not have a significant economic impact not collect information unless it Information Administration,
on a substantial number of small displays a currently valid OMB control Department of Commerce, and the
National Highway Traffic Safety E–911 services means both phase I PSAP means a public safety
Administration, Department of and phase II enhanced 911 services, as answering point, a facility that has been
Transportation, revises 47 CFR part 400 described in § 20.18 of this title, as designated to receive emergency calls
to read as follows: subsequently revised. and route them to emergency service
Emergency call refers to any real-time personnel.
PART 400—911 GRANT PROGRAM communication with a public safety State means any State of the United
answering point or other emergency States, the District of Columbia, Puerto
Sec.
400.1 Purpose. management or response agency, Rico, American Samoa, Guam, the
400.2 Definitions. including— United States Virgin Islands, the
400.3 Who may apply. (1) Through voice, text, or video and Northern Mariana Islands, and any other
400.4 Application requirements. related data; and territory or possession of the United
400.5 Approval and award. (2) Nonhuman-initiated automatic States.
400.6 Distribution of grant funds. event alerts, such as alarms, telematics, Tribal Organization means the
400.7 Eligible uses for grant funds. or sensor data, which may also include recognized governing body of any
400.8 Continuing compliance. real-time voice, text, or video
400.9 Financial and administrative Indian tribe; any legally established
communications. organization of Indians which is
requirements. ICO means the 911 Implementation
400.10 Closeout. controlled, sanctioned, or chartered by
Coordination Office established under such governing body or which is
400.11 Waiver authority.
Appendix A to Part 400—Initial Certification 47 U.S.C. 942 for the administration of democratically elected by the adult
for 911 Grant Applicants—States the 911 grant program, located at the members of the Indian community to be
Appendix B to Part 400—Initial Certification National Highway Traffic Safety served by such organization and which
for 911 Grant Applicants—Tribal Administration, U.S. Department of includes the maximum participation of
Organizations Transportation, 1200 New Jersey Indians in all phases of its activities:
Appendix C to Part 400—Annual Avenue SE, NTI–140, Washington, DC
Certification for 911 Grant Recipients— Provided, that in any case where a
20590. contract is let or grant made to an
States Integrated telecommunications
Appendix D to Part 400—Annual organization to perform services
services means one or more elements of benefiting more than one Indian tribe,
Certification for 911 Grant Recipients—
Tribal Organizations
the provision of multiple 911 systems’ the approval of each such Indian tribe
or PSAPs’ infrastructure, equipment, or shall be a prerequisite to the letting or
Authority: 47 U.S.C. 942. utilities, such as voice, data, image, making of such contract or grant.
§ 400.1 Purpose. graphics, and video network, customer
premises equipment (such as consoles, § 400.3 Who may apply.
This part establishes uniform hardware, or software), or other utilities,
application, approval, award, financial In order to apply for a grant under this
which make common use of all or part part, an applicant must be a State or
and administrative requirements for the of the same transmission facilities,
grant program authorized under the Tribal Organization as defined in
switches, signaling, or control devices § 400.2.
‘‘Ensuring Needed Help Arrives Near (e.g., database, cybersecurity).
Callers Employing 911 Act of 2004’’ IP-enabled emergency network or IP- § 400.4 Application requirements.
(ENHANCE 911 Act), as amended by the enabled emergency system means an
‘‘Next Generation 911 Advancement Act (a) Contents for a State application.
emergency communications network or An application for funds for the 911
of 2012’’ (NG911 Advancement Act). system based on a secured infrastructure Grant Program from a State must consist
§ 400.2 Definitions. that allows secured transmission of of the following components:
information, using internet Protocol, (1) State 911 plan. A plan that—
As used in this part—
among users of the network or system. (i) Details the projects and activities
911 Coordinator means a single
Next Generation 911 services means proposed to be funded for:
officer or governmental body of the
an IP-based system comprised of
State in which the applicant is located (A) The implementation and
hardware, software, data, and
that is responsible for coordinating operation of 911 services, E–911
operational policies and procedures
implementation of 911 services in that services, migration to an IP-enabled
that—
State. emergency network, and adoption and
(1) Provides standardized interfaces
911 services means both E–911 operation of Next Generation 911
from emergency call and message
services and Next Generation 911 services and applications;
services to support emergency
services. communications; (B) The implementation of IP-enabled
Administrator means the (2) Processes all types of emergency emergency services and applications
Administrator of the National Highway calls, including voice, data, and enabled by Next Generation 911
Traffic Safety Administration (NHTSA), multimedia information; services, including the establishment of
U.S. Department of Transportation. (3) Acquires and integrates additional IP backbone networks and the
Assistant Secretary means the emergency call data useful to call application layer software infrastructure
Assistant Secretary for Communications routing and handling; needed to interconnect the multitude of
and Information, U.S. Department of (4) Delivers the emergency calls, emergency response organizations; and
Commerce, and Administrator of the messages, and data to the appropriate (C) Training public safety personnel,
National Telecommunications and public safety answering point and other including call-takers, first responders,
Information Administration (NTIA). appropriate emergency entities; and other individuals and organizations
Designated 911 charges means any (5) Supports data or video who are part of the emergency response
taxes, fees, or other charges imposed by communications needs for coordinated chain in 911 services.
a State or other taxing jurisdiction that incident response and management; and (ii) Establishes metrics and a time
are designated or presented as dedicated (6) Provides broadband service to table for grant implementation; and
to deliver or improve 911, E–911 or public safety answering points or other (iii) Describes the steps the applicant
NG911 services. first responder entities. has taken to—
(A) Coordinate its application with established by law or regulation an application layer software infrastructure
local governments, Tribal Organizations, office or coordinator with the authority needed to interconnect the multitude of
and PSAPs within the State; to manage 911 services, that office or emergency response organizations; and
(B) Ensure that at least 90 percent of coordinator must be identified as the (C) Training public safety personnel,
the grant funds will be used for the designated 911 Coordinator and apply including call-takers, first responders,
direct benefit of PSAPs and not more for the grant on behalf of the State. If a and other individuals and organizations
than 10 percent of the grant funds will State applicant does not have such an who are part of the emergency response
be used for the applicant’s office or coordinator established, the chain in 911 services.
administrative expenses related to the Governor of the State must appoint a (ii) Establishes metrics and a time
911 Grant Program; and single officer or governmental body to table for grant implementation; and
(C) Involve integrated serve as the 911 Coordinator in order to (iii) Describes the steps the applicant
telecommunications services in the qualify for a 911 grant. If the designated has taken to—
implementation and delivery of 911 911 Coordinator is a governmental body, (A) Coordinate its application with
services, E–911 services, and Next an official representative of the PSAPs within the Tribal Organization’s
Generation 911 services. governmental body shall be identified to jurisdiction;
(2) Project budget. A project budget sign the certifications for the 911 (B) Ensure that at least 90 percent of
for all proposed projects and activities Coordinator. The State must notify the grant funds will be used for the
to be funded by the grant funds. NHTSA in writing within 30 days of any direct benefit of PSAPs and not more
Specifically, for each project or activity, change in appointment of the 911 than 10 percent of the grant funds will
the applicant must: Coordinator. be used for the applicant’s
(i) Demonstrate that the project or (5) Certifications. The certification in administrative expenses related to the
activity meets the eligible use Appendix A of this part, signed by the 911 Grant Program; and
requirement in § 400.7; and 911 Coordinator, certifying that the (C) Involve integrated
(ii) Identify the non-Federal sources, applicant has complied with the telecommunications services in the
which meet the requirements of 2 CFR required statutory and programmatic implementation and delivery of 911
200.306, that will fund at least 40 conditions in submitting its application. services, E–911 services, and Next
percent of the cost; except that as The applicant must certify that during Generation 911 services.
provided in 48 U.S.C. 1469a, the the time period 180 days immediately (2) Project budget. A project budget
requirement for non-Federal matching preceding the date of the initial for all proposed projects and activities
funds (including in-kind contributions) application, the State has not diverted to be funded by the grant funds.
is waived for American Samoa, Guam, any portion of designated 911 charges Specifically, for each project or activity,
the Northern Mariana Islands, and the imposed by the State for any purpose the applicant must:
U.S. Virgin Islands for grant amounts up other than the purposes for which such (i) Demonstrate that the project or
to $200,000. charges are designated or presented, that activity meets the eligible use
(3) Supplemental project budget. no taxing jurisdiction in the State that requirement in § 400.7; and
States that qualify for a grant under the will be a recipient of 911 grant funds (ii) Identify the allowable sources,
program may also qualify for additional has diverted any portion of designated which meet the requirements of 2 CFR
grant funds that may become available. 911 charges imposed by the taxing 200.306, that will fund at least 40
To be eligible for any such additional jurisdiction for any purpose other than percent of the cost.
grant funds that may become available the purposes for which such charges are (3) Supplemental project budget.
in accordance with § 400.6, a State must designated or presented, and that, Tribal Organizations that qualify for a
submit, with its application, a continuing through the time period grant under the program may also
supplemental project budget that during which grant funds are available, qualify for additional grant funds that
identifies the maximum dollar amount neither the State nor any taxing may become available. To be eligible for
the State is able to match from non- jurisdiction in the State that is a any such additional grant funds that
Federal sources meeting the recipient of 911 grant funds will divert may become available in accordance
requirements of 2 CFR 200.306, and designated 911 charges for any purpose with § 400.6, a Tribal Organization must
includes projects or activities for those other than the purposes for which such submit, with its application, a
grant and matching amounts, up to the charges are designated or presented. supplemental project budget that
total amount in the project budget (b) Contents for a Tribal Organization identifies the maximum dollar amount
submitted under paragraph (a)(2) of this application. An application for funds the Tribal Organization is able to match
section. This information must be for the 911 Grant Program from a Tribal from allowable sources meeting the
provided to the same level of detail as Organization must consist of the requirements of 2 CFR 200.306, and
required under paragraph (a)(2) of this following components: includes projects or activities for those
section and be consistent with the State (1) Tribal Organization 911 Plan. A grant and matching amounts, up to the
911 Plan required under paragraph plan that— total amount in the project budget
(a)(1) of this section. (i) Details the projects and activities submitted under paragraph (b)(2) of this
(4) Designated 911 Coordinator. The proposed to be funded for: section. This information must be
identification of a single officer or (A) The implementation and provided to the same level of detail as
government body to serve as the 911 operation of 911 services, E–911 required under paragraph (b)(2) of this
Coordinator of implementation of 911 services, migration to an IP-enabled section and be consistent with the
services and to sign the certifications emergency network, and adoption and Tribal Organization 911 Plan required
required under this part. Such operation of Next Generation 911 under paragraph (b)(1) of this section.
designation need not vest such services and applications; (4) Designated 911 Coordinator.
coordinator with legal authority to (B) The implementation of IP-enabled Written identification of the single State
implement 911 services, E–911 services, emergency services and applications officer or government body serving as
or Next Generation 911 services or to enabled by Next Generation 911 the 911 Coordinator of implementation
manage emergency communications services, including the establishment of of 911 services in the State (or States) in
operations. If a State applicant has IP backbone networks and the which the Tribal Organization is
located. If a State has not designated an from receiving consideration for a 911 under this part will be set aside for
officer or government body to grant award. distribution to qualifying Tribal
coordinate such services, the Governor Organizations for a 911 grant. The
of the State must appoint a single officer § 400.5 Approval and award. distribution to each qualifying Tribal
or governmental body to serve as the (a) The ICO will review each Organization shall not be more than
911 Coordinator in order for the Tribal application for compliance with the $250,000. Any remaining funds after
Organization to qualify for a 911 grant. requirements of this part. distribution to qualifying Tribal
The Tribal Organization must notify (b) The ICO may request additional Organizations under this subparagraph
NHTSA in writing within 30 days of any information from the applicant, with will be released for distribution to the
change in appointment of the 911 respect to any of the application States consistent with paragraph (a) of
Coordinator. submission requirements of § 400.4, this section.
(b) Responsible Tribal Organization prior to making a recommendation for
(c) Additional notices of funding
Official. Written identification of the an award. Failure to submit such
opportunity. Grant funds that are not
official responsible for executing the additional information may preclude
distributed under paragraph (a) of this
grant agreement and signing the the applicant from further consideration
section may be made available to States
required certifications on behalf of the for award.
(c) The Administrator and Assistant and Tribal Organizations through
Tribal Organization.
(5) Certifications. The certification in Secretary will jointly approve and subsequent Notices of Funding
Appendix B of this part, signed by the announce, in writing, grant awards to Opportunity.
responsible official of the Tribal qualifying applicants. § 400.7 Eligible uses for grant funds.
Organization, certifying that the
applicant has complied with the § 400.6 Distribution of grant funds. Grant funds awarded under this part
required statutory and programmatic (a) Funding allocation. Except as may be used only for:
conditions in submitting its application. provided in paragraph (b) of this (a) The implementation and operation
The applicant must certify that during section— of 911 services, E–911 services,
the time period 180 days immediately (1) Grant funds for each State that migration to an IP-enabled emergency
preceding the date of the initial meets the certification requirements set network, and adoption and operation of
application, the taxing jurisdiction (or forth in § 400.4 will be allocated— Next Generation 911 services and
jurisdictions) within which the (i) 50 percent in the ratio which the applications;
applicant is located has not diverted any population of the State bears to the total (b) The implementation of IP-enabled
portion of designated 911 charges population of all the States, as shown by emergency services and applications
imposed by the taxing jurisdiction (or the latest available Federal census; and enabled by Next Generation 911
jurisdictions) within which the (ii) 50 percent in the ratio which the
services, including the establishment of
applicant is located for any purpose public road mileage in each State bears
IP backbone networks and the
other than the purposes for which such to the total public road mileage in all
application layer software infrastructure
charges are designated or presented and States, as shown by the latest available
needed to interconnect the multitude of
that, continuing through the time period Federal Highway Administration data.
emergency response organizations; and
during which grant funds are available, (2) Grant funds for each Tribal
the taxing jurisdiction (or jurisdictions) Organization that meets the certification (c) 911-related training of public
within which the applicant is located requirements set forth in § 400.4 will be safety personnel, including call-takers,
will not divert designated 911 charges allocated— first responders, and other individuals
for any purpose other than the purposes (i) 50 percent in the ratio to which the and organizations who are part of the
for which such charges are designated population of the Tribal Organization emergency response chain in 911
or presented. bears to the total population of all Tribal services.
(c) Due dates—(1) Initial application Organizations, as determined by the § 400.8 Continuing compliance.
deadline. The applicant must submit the most recent population data on
certification set forth in Appendix A of American Indian/Alaska Native (a) A grant recipient must submit on
this part if a State, or Appendix B of this Reservation of Statistical Area; and an annual basis 30 days after the end of
part if a Tribal Organization, no later (ii) 50 percent in the ratio which the each fiscal year during which grant
than the initial application deadline public road mileage in each Tribal funds are available, the certification set
published in the Notice of Funding Organization bears to the total public forth in Appendix C of this part if a
Opportunity. Failure to meet this road mileage in tribal areas, using the State, or Appendix D of this part if a
deadline will preclude the applicant most recent national tribal Tribal Organization, making the same
from receiving consideration for a 911 transportation facility inventory data. certification concerning the diversion of
grant award. (2) Supplemental project budgets. As designated 911 charges.
(2) Final application deadline. After set forth in § 400.4(a)(3) and (b)(3), the (b) In accordance with 47 U.S.C.
publication of the funding allocation for ICO reserves the right to allocate 942(c), where a recipient knowingly
the 911 Grant Program in a revision to additional funds based on supplemental provides false or inaccurate information
the Funding Opportunity, applicants project budgets. in its certification related to the
that have complied with paragraph (b)(1) Minimum distribution. The diversion of designated 911 charges, the
(c)(1) of this section will be given distribution to each qualifying State recipient shall—
additional time in which to submit under paragraph (b) of this section shall
(1) Not be eligible to receive the grant
remaining application documents in not be less than $500,000, except that
under this part;

compliance with this section, including the distribution to American Samoa,
a supplemental project budget. The Guam, the Northern Mariana Islands, (2) Return any grant awarded under
revision to the Notice of Funding and the U.S. Virgin Islands shall not be this part during the time that the
Opportunity will provide such deadline less than $250,000. certification was not valid; and
information. Failure to meet this (2) Tribal Organization set-aside. Up (3) Not be eligible to receive any
deadline will preclude the applicant to 2 percent of grant funds available subsequent grants under this part.
§ 400.9 Financial and administrative each fiscal quarter that grant funds are (2) A final report to NHTSA,
requirements. available, except when a final voucher following the procedures of 2 CFR
(a) General. The requirements of 2 is required under § 400.10(b)(1). 200.343(a).
CFR part 200, the Uniform (c) Disposition of unexpended
§ 400.10 Closeout.
Administrative Requirements, Cost balances. Any funds that remain
Principles, and Audit Requirements for (a) Expiration of the right to incur unexpended after closeout shall cease to
Federal Awards, including applicable costs. The right to incur costs under this be available to the recipient and shall be
cost principles referenced at subpart E, part will expire as of the end of the returned to the government.
govern the implementation and period of performance. The grant
management of grants awarded under recipient and its subrecipients and § 400.11 Waiver authority.
this part. contractors may not incur costs for It is the general intent of the ICO not
(b) Reporting requirements—(1) Federal reimbursement past the to waive any of the provisions set forth
Performance reports. Each grant expiration date. in this part. However, under
recipient shall submit an annual (b) Final submissions. Within 90 days extraordinary circumstances and when
performance report to NHTSA, after the completion of projects and it is in the best interest of the federal
following the procedures of 2 CFR activities funded under this part, but in government, the ICO, upon its own
200.328, within 90 days after each fiscal no event later than the expiration date initiative or when requested, may waive
year that grant funds are available, identified in paragraph (a) of this the provisions in this part. Waivers may
except when a final report is required section, each grant recipient must only be granted for requirements that
under § 400.10(b)(2). submit— are discretionary and not mandated by
(2) Financial reports. Each recipient (1) A final voucher for the costs statute or other applicable law. Any
shall submit quarterly financial reports incurred. The final voucher constitutes request for a waiver must set forth the
to NHTSA, following the procedures of the final financial reconciliation for the extraordinary circumstances for the
2 CFR 200.327, within 30 days after grant award. 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)
o [State or Territory] has established by law or regulation [name of911 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.
o [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)
o me as the State's single officer to serve as the 911 Coordinator of 911 services
implementation; or
o [governmental body] as the State's single governmental body, to serve as the 911
Coordinator of911 services implementation, and I am its representative.
(check all boxes below)
o The State has coordinated the application with local governments, Tribal Organizations
and PSAPs within the State.
o The State has established a State 911 Plan, consistent with the implementing regulations,
for the coordination and implementation of911 services, E-911 services, and Next
Generation 911 services.
o The State will ensure that at least 90 percent of the grant funds are used for the direct
benefit of PSAPs.
o The State has integrated telecommunications services involved in the implementation and
delivery of911 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 ofthe 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.

ER03AU18.003</GPH>
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 of911 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.
Signature of State 911 Coordinator

(or representative of single governmental body)
Title
Date
ER03AU18.004</GPH>
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, fprint name], hereby certify that:
(check all boxes below)
o The Tribal Organization has coordinated the application with PSAPs within its
jurisdiction.
o The Tribal Organization has established a 911 Plan, consistent with the implementing
regulations, for the coordination and implementation of911 services, E-911 services, and
Next Generation 911 services.
o The Tribal Organization will ensure that at least 90 percent of the grant funds are used for
the direct benefit of PSAPs.
o The Tribal Organization has integrated telecommunications services involved in the

implementation and delivery of911 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 of911 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.
ER03AU18.005</GPH>
V. The single State officer or government body serving as the 911 Coordinator of
implementation of911 services in each State in which the Tribal Organization is located
IS __________________________________________________
Signature of Responsible Official
Title
Date
ER03AU18.006</GPH>
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 ofthe 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 ofthis 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.
Signature of State 911 Coordinator

(or representative of single governmental body)
Title
Date
ER03AU18.007</GPH>
[FR Doc. 2018–16567 Filed 8–2–18; 8:45 am] DEPARTMENT OF COMMERCE ACTION: Modification of fishing seasons.
BILLING CODE 3510–60–P
National Oceanic and Atmospheric SUMMARY: NMFS announces ten
Administration inseason actions in the ocean salmon
fisheries. These inseason actions
50 CFR Part 660 modified the commercial salmon
[Docket No. 170831849–8404–01] fisheries in the area from the U.S./
Canada border to the U.S./Mexico
RIN 0648–XG337 border.
Fisheries Off West Coast States; DATES: The effective dates for the
Modifications of the West Coast inseason actions are set out in this
Commercial Salmon Fisheries; document under the heading Inseason

Inseason Actions #2 through #11 Actions.
AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT:
Service (NMFS), National Oceanic and
Peggy Mundy at 206–526–4323.
Atmospheric Administration (NOAA),
ER03AU18.008</GPH>
Commerce. SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 83, No.

150 / Friday, August 3, 2018 / Rules and Regulations 38051

12. Permit to Deliver Programs to Foreign Broadcast Stations

ACTION: Final rule. SUPPLEMENTARY INFORMATION:

Missouri Department of Public Safety document?D=NTIA-2017-0002-0003. 27 NASNA at 1.

2017-0088-0002. 37 47 CFR 400.4(a)(1)(iii)(A). https://www.regulations.gov/document?D=NTIA-

68 Id. Agencies identified the requirements of

under this part;

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)

o [State or Territory] has established by law or regulation [name of911 office/coordinator]

(check only one circle below)

(check all boxes below)

preceding the date of the application.

Signature of State 911 Coordinator

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, fprint name], hereby certify that:

(check all boxes below)

o The Tribal Organization has integrated telecommunications services involved in the

Signature of Responsible Official

Appendix C To Part 400-

Annual Certification For 911 Grant Recipients- States

Signature of State 911 Coordinator

Commercial Salmon Fisheries; document under the heading Inseason

Commerce. SUPPLEMENTARY INFORMATION:

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