[Federal Register Volume 72, Number 140 (Monday, July 23, 2007)]
[Notices]
[Pages 40120-40123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3569]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration


Public Safety Interoperable Communications (PSIC) Grant Program

AGENCY: National Telecommunications and Information Administration, 
Commerce.

ACTION: Notice of Availability of Funds.

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SUMMARY: The Deficit Reduction Act of 2005, Title III of the Deficit 
Reduction Act of 2005, directed the National Telecommunications and 
Information Administration (NTIA), in consultation with the Department 
of Homeland Security (DHS), to establish and implement a $1 billion 
grant program to assist public safety agencies in the acquisition of, 
deployment of, or training for the use of interoperable communications 
systems that utilize, or enable interoperability with communications 
systems that can utilize, reallocated public safety spectrum for radio 
communications.
    The Public Safety Interoperable Communications (PSIC) Grant Program 
is a one-time formula-based, matching grant program intended to enhance 
interoperable communications with respect to voice, data, and/or video 
signals. PSIC provides public safety agencies with the opportunity to 
achieve meaningful and measurable improvements to the state of public 
safety communications interoperability through the full and efficient 
use of telecommunications resources.

DATES: This final rule is effective on July 23, 2007. Each State and 
Territory must submit its application and narrative no later than 11:59 
p.m. Eastern Daylight Time 30 days after publication in the Federal 
Register. Failure to properly register and apply for PSIC funds by the 
deadlines will result in forfeiture of the grant opportunity. 
Applications submitted by facsimile are not acceptable.

ADDRESSES: To ensure a successful submission, a State Administrative 
Agency (SAA) must apply for PSIC Grant Program funding through the 
online Grants.gov system through the Authorized Organization 
Representative (AOR). Instructions to initiate the registration process 
is available on the Grants.gov website (www.grants.gov). Application 
forms and instructions are available at Grants.gov. The application 
package must be submitted through that Grants.gov. The program title 
listed in the CDFA is ``PSIC Grant Program.'' The CDFA number is 
11.555.

FOR FURTHER INFORMATION CONTACT: Laura Pettus, Program Specialist, 
Public Safety Interoperable Communications, telephone: (202) 482-5802; 
fax: (202) 482-2156. Information about the PSIC can also be obtained 
electronically via the Internet at www.ntia.doc.gov/psic.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The full funding opportunity announcement for the PSIC grant cycle 
is available through www.grants.gov or by contacting the PSIC website 
at: www.ntia.doc.gov/psic.

Program Information

    The PSIC Grant Program will assist public safety agencies in the 
acquisition of, deployment of, or training for the use

[[Page 40121]]

of interoperable communications systems that utilize--or enable 
interoperability with communications systems that can utilize--
reallocated public safety spectrum in the 700 Megahertz (MHz) frequency 
band. While some regions may not be able to access the 700 MHz 
frequency band until 2009, public safety agencies are still eligible 
for funding to help meet their interoperability needs so long as the 
proposed solutions are designed to interoperate with the 700 MHz band 
in the future. NTIA is seeking solutions from public safety agencies 
that (1) Achieve meaningful and measurable improvements in the state of 
interoperability for public safety communications and (2) fill 
interoperability gaps identified in the Statewide Plans.
    NTIA recognizes that many solutions exist to achieve 
interoperability, and the PSIC Grant Program will not dictate a 
specific technology solution for public safety agencies. However, NTIA 
has identified the following technology and all hazards related 
priorities that States and Territories must consider when selecting 
projects for PSIC funding:
    1. Technology
    a. Adopt advanced technological solutions
    b. Improve spectrum efficiency
    c. Use cost-effective measures
    2. All Hazards Mitigation
    a. Improve communications in areas at high risk for natural 
disasters
    b. Continue to improve interoperability efforts in urban and 
metropolitan areas at high risk for threats of terrorism

Funding Availability

    The PSIC Grant Program will make $968,385,000 available in grant 
awards. The table below identifies available PSIC funding for each 
State and Territory:

                Table 1 - PSIC State/Territory Allocation
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                     State/Territory                       PSIC Funding
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Alabama.................................................     $13,585,399
Alaska..................................................      $7,250,345
American Samoa..........................................        $691,948
Arizona.................................................     $17,713,050
Arkansas................................................     $11,169,402
California..............................................     $94,034,510
Colorado................................................     $14,336,638
Connecticut.............................................     $12,999,879
Delaware................................................      $8,196,842
District of Columbia....................................     $11,857,972
Florida.................................................     $42,888,266
Georgia.................................................     $25,311,354
Guam....................................................      $2,600,678
Hawaii..................................................      $8,069,879
Idaho...................................................      $7,289,795
Illinois................................................     $36,414,263
Indiana.................................................     $18,291,735
Iowa....................................................     $10,935,974
Kansas..................................................     $10,667,169
Kentucky................................................     $15,405,625
Louisiana...............................................     $19,672,287
Maine...................................................      $7,567,579
Maryland................................................     $22,934,593
Massachusetts...........................................     $21,191,988
Michigan................................................     $25,039,781
Minnesota...............................................     $14,262,071
Mississippi.............................................     $10,989,345
Missouri................................................     $17,465,576
Montana.................................................      $6,549,685
Nebraska................................................      $8,582,108
Nevada..................................................     $12,042,417
New Hampshire...........................................      $5,966,760
New Jersey..............................................     $30,806,646
New Mexico..............................................      $8,288,725
New York................................................     $60,734,783
North Carolina..........................................     $22,130,199
North Dakota............................................      $7,052,490
Northern Mariana Islands................................        $719,236
Ohio....................................................     $29,377,337
Oklahoma................................................     $11,684,183
Oregon..................................................     $12,182,532
Pennsylvania............................................     $34,190,555
Puerto Rico.............................................      $9,590,025
Rhode Island............................................      $7,365,694
South Carolina..........................................     $13,499,308
South Dakota............................................      $6,549,691
Tennessee...............................................     $17,540,752
Texas...................................................     $65,069,247
U.S. Virgin Islands.....................................        $856,907
Utah....................................................     $10,353,261
Vermont.................................................      $4,476,761
Virginia................................................     $25,012,521
Washington..............................................     $19,180,347
West Virginia...........................................      $8,429,484
Wisconsin...............................................     $15,367,216
Wyoming.................................................      $5,952,187
Total...................................................    $968,385,000
------------------------------------------------------------------------

Statutory and Regulatory Authority

    PSIC grants are authorized by Section 3006 of the Deficit Reduction 
Act of 2005, Pub. L. No. 109-171, and Section 4 of the Call Home Act of 
2006, Pub. L. No. 109-459.

Catalog of Domestic Federal Assistance

    11.555, Public Safety Interoperable Communications Grant Program

Eligibility

    To apply for and receive a PSIC grant, an applicant must be one of 
the 56 States and Territories. The Governor of each State has 
designated a State Administrative Agent (SAA), which can apply for and 
administer the funds under the PSIC Grant Program. The SAA is the only 
agency eligible to apply for PSIC funds. Additionally, the SAA is the 
grantee in the management and administration of all funds provided 
through this award. The SAA is responsible for obligating PSIC funds to 
eligible pass-through recipients. A recipient must be a public safety 
agency that is a State, local, or tribal government entity or 
nongovernmental organization authorized by such entity, whose sole or 
principal purpose is to protect safety of life, health, or property.

Evaluation Criteria

    Eligible applicants must follow the three steps to apply for PSIC 
funds: submit an application and brief narrative, submit a Statewide 
Communications Interoperability Plan (Statewide Plan), and submit 
Investment Justification(s). The first step includes submitting an 
application on Grants.gov. NTIA and DHS program staff will review each 
application for completeness and adherence to PSIC program rules. 
Applications will be approved by the Assistant Secretary for 
Communications and Information, Department of Commerce, and PSIC funds 
will be awarded no later than September 30, 2007. The second step 
includes submitting a Statewide Plan, as required by Section I.C.5 of 
the 2006 Homeland Security Grant Program Guidance and Application Kit. 
Each State and Territory must submit its final Statewide Plan by 
November 1, 2007. The Statewide Plan will be reviewed by peer and 
subject matter expert groups and approved by the Department of Homeland 
Security. NTIA will also review each Statewide Plan to ensure that 
States and Territories address the three PSIC requirements set forth 
below. The third step includes submitting Investment Justification(s), 
which must be submitted by November 1, 2007. The Investment 
Justifications are to be submitted in conjunction with final Statewide 
Plans to the National Preparedness Directorate (NPD) Secure Portal at 
https://odp.esportals.com. The Investment Justification(s) will also be 
reviewed by peer and subject matter expert groups as well as NTIA and 
DHS program staff. Based on the recommendations of the peer and subject 
matter expert groups and NTIA and DHS program staff, the Assistant 
Secretary for Communications and Information, will approve Investment 
Justifications. If the peer review and subject matter groups include 
any non-federal employees no consensus advice will be provided by the 
groups. The applications and Investment Justification(s) are 
information collections subject to the Paperwork Reduction Act, and 
have been approved by the Office of Management and Budget under their 
respective OMB control numbers. See heading entitled Paperwork 
Reduction Act below.

[[Page 40122]]

Funding Priorities and Selection Factors

    NTIA recognizes that many solutions exist to achieve 
interoperability, and the PSIC Grant Program will not dictate the 
technology or approach for public safety agencies. However, NTIA has 
identified that when selecting projects for PSIC funding States and 
Territories must consider: (1) Technology, including adoption of 
advanced technological solutions, improved spectrum efficiency, and 
cost effective measures; and (2) solutions that support capabilities in 
response to all hazards approach regardless of their source or cause, 
including improving communications in areas at high risk for natural 
disasters and in urban and metropolitan areas at high risk for threats 
of terrorism.
    In addition, NTIA will review each Statewide Plan to ensure that 
States and Territories address the following three PSIC requirements: 
How public safety agencies will acquire, deploy, and train on 
communications systems that use--or enable interoperability with 
communications systems that use--the public safety spectrum in the 700 
megahertz frequency band; how local and tribal government entities' 
interoperable communications needs have been included in the planning 
process and how their needs are being addressed, if applicable; and how 
authorized nongovernmental organizations' interoperable communications 
needs have been included in the planning process and how their needs 
are being addressed, if applicable.

Cost Sharing Requirements

    The PSIC Grant Program requires cost sharing. By statute, each 
public safety agency receiving PSIC funds is required to meet and 
document the 20 percent statutory match requirement for each project. 
The SAA is required to track and report the 20 percent match 
requirement for each individual project that receives PSIC funds for 
efforts other than training, which do not require any match. The match 
requirements can be met through cash or in-kind sources consistent with 
15 CFR Sec. Sec.  24.3, 24.24. This documentation must demonstrate that 
match funds are from non-federal sources. As provided in 48 U.S.C. 
Sec.  1469a, the matching requirement does not apply to the first 
$200,000 in grant funds awarded to the Territorial governments in Guam, 
American Samoa, the U.S. Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands. Training activities are excluded from this 
match requirement; however, training activities can make up no more 
than 20 percent of a State's or Territory's total investments.

Intergovernmental Review

    This program is subject to the provisions of Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. See 7 CFR Part 3015, subpart V.

Universal Identifier

    The SAA must provide a Dun and Bradstreet (D&B) Data Universal 
Numbering System (DUNS) number with the PSIC application. This number 
is a required field within Grants.gov and for CCR Registration. 
Organizations should verify that they have a DUNS number or take the 
steps necessary to obtain one as soon as possible. (Applicants can 
receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS Number request line at 1-800-333-0505 or via the Internet 
(www.dunandbradstreet.com).

Limitation of Liability

    In no event will the Department of Commerce be responsible for 
proposal preparation costs if this program fails to receive funding or 
is cancelled because of other agency priorities. Publication of this 
announcement does not obligate the agency to award any specific project 
or to obligate any available funds.

Paperwork Reduction Act

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection displays a currently valid Office of Management and Budget 
(OMB) control number. The use of Standard Forms 424, 424A, 424B, 424D, 
and SF-LLL has been approved by OMB under the respective control 
numbers 0348-0043, 0348-0044, 0348-0040, 0348-0042, and 0348-0046. The 
Investment Justification is an element required under Standard Form 
424A and has been approved by OMB under control number 0348-0044.

Executive Order 12866

    This rule has been determined to be Economically Significant under 
Executive Order 12866. NTIA was directed by the Deficit Reduction Act 
of 2005 to implement the PSIC Grant Program. The Act authorized NTIA to 
implement a grant program to assist public safety agencies in the 
acquisition of, deployment of, or training for the use of interoperable 
communications systems that utilize reallocated public safety spectrum 
for radio communications. The PSIC Grant Program will make $968,385,000 
(2007) available in grant awards. This is a one-time transfer program 
where funds will be awarded no later than September 30, 2007.

Executive Order 13132, Federalism

    It has been determined that this notice does not contain policies 
with Federalism implications as that term is defined in Executive Order 
13132.

Administrative Procedure Act/Regulatory Flexibility Act

    Prior notice and opportunity for public comment are not required by 
the Administrative Procedure Act or any other law for this rule 
concerning grants, benefits, and contracts (5 U.S.C. Sec.  553(a)(2)). 
Because notice and opportunity for comment are not required pursuant to 
5 U.S.C. Sec.  553 or any other law, the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. Sec.  601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis has not been 
prepared.

Congressional Review of Agency Rulemaking

    NTIA has submitted this final rule to the Congress and the 
Government Accountability Office under the Congressional Review of 
Agency Rulemaking Act, 5 U.S.C. Sec.  801 et seq. The rule is a ``major 
rule'' within the meaning of the Act because it will result in an 
annual effect on the economy of $100,000,000 or more. The rule sets out 
the administrative procedures for making grants to State, local, tribal 
and other public safety agencies to improve their communications 
interoperability in response to manmade and natural disasters. NTIA 
will award $968,385,000 available in grants under this program.
    NTIA serves as the President' principal adviser on 
telecommunications and information policies and its mission includes 
assisting the Executive Branch in the development of policies and 
standards related to interoperability, spectrum use, and emergency 
readiness.\1\ Improving public safety interoperable communications for 
our nation's first responders has increasingly become a national 
priority in the wake of terrorism incidents, including 9/11, and

[[Page 40123]]

natural disasters such as Hurricane Katrina.\2\
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    \1\ See 47 U.S.C. Sec.  902(b)(2)(D),(H).
    \2\ See e.g., The 9/11 Commission Report, at 397 (July 2004); 
Public Safety Communications from 9/11 to Katrina: Critical Public 
Policy Lessons, 109th Cong. 1-4 (Sept. 29, 2005) (statement of 
Representative Fred Upton, Chairman, Subcommittee on 
Telecommunications and the Internet, House Committee on Energy and 
Commerce); Communications Interoperability - Session I, 109th Cong. 
(Sept 29, 2005) (statement of Senator Ted Stevens, Chairman, 
Committee on Commerce, Science, and Transportation, at http://commerce.senate.gov/public/index.cfm? FuseAction=Hearings. 
Statement&Statement--ID=126); The Federal Response to Hurricane 
Katrina Lesson Learned, at 44 (Feb. 2006).
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    Consistent with that objective, Congress enacted and the President 
signed into law on February 8, 2006, the Digital Television and Public 
Safety Act of 2005, Title III of the Deficit Reduction Act of 2005. 
Among other things, this statute makes available analog television 
spectrum available for new communications services, including public 
safety interoperable communications in the 700 MHz band, by terminating 
television licenses in these frequencies on February 17, 2009. In 
addition, the Act requires the returned analog television spectrum be 
auctioned and the proceeds used to fund various new programs to promote 
the digital television transition, to improve public safety 
interoperable communications, and to reduce the deficit.
    Specifically, Section 3006 of the Act directs NTIA to establish and 
implement a $1 billion grant program to assist public safety agencies 
in the acquisition of, deployment of, or training for the use of 
interoperable communications systems that utilize, or enable 
interoperability with communications systems that can utilize, 
reallocated public safety spectrum for radio communications in the 700 
MHz band. To spur the rapid distribution of these grant funds to our 
nation's first responders, the Act authorizes NTIA to borrow the funds 
needed for the grants as of October 1, 2006, well in advance of the 
receipt of auction proceeds. To further ensure the swift award of these 
grants to public safety agencies, Congress subsequently enacted and the 
President signed into law on December 22, 2006, the Call Home Act of 
2006. Section 4 of this statute requires NTIA to make grant awards no 
later than September 30, 2007.
    A 60-day delay in implementing this final rule would hamper NTIA's 
mission to improve public safety interoperable communications and be 
contrary to clear Congressional intent as expressed in Section 3006 of 
the Deficit Reduction Act and Section 4 of the Call Home Act. If NTIA 
is not able to implement this program and make awards under this 
program before September 30, 2007, the $1 billion may not be available 
after September 30, 2007 for NTIA to fulfill its statutory mandate. In 
order for NTIA to comply with this statutory mandate, eligible entities 
must submit applications no later than 30 days after publication in the 
Federal Register. Thus, in compliance with section 808(2) of the 
Congressional Review of Agency Rulemaking Act, 5 U.S.C. Sec.  808(2), 
for good cause, NTIA finds that notice and public comment on this final 
rule is impracticable and contrary to the public interest. Accordingly, 
this final rule is effective on July 23, 2007.

    Dated: July 18, 2007.
John M.R. Kneuer,
Assistant Secretary for Communications and Information.
[FR Doc. 07-3569 Filed 7-20-07; 8:45 am]
BILLING CODE 3510-60-P