[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Notices]
[Page 18692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9410]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration


Notice of Availability of a Final Finding of No Significant 
Impact (FONSI) for the Public Safety Interoperable Communications 
(PSIC) Grant Program

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

ACTION: Notice.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) publishes this notice of availability of a Final Finding of No 
Significant Impact (FONSI). The Final FONSI was written to evaluate the 
environmental impact of the Public Safety Interoperable Communications 
(PSIC) Grant Program.

DATES: The effective date of the Final FONSI is April 24, 2009.

ADDRESSES: The Final FONSI is available online at http://www.regulations.gov and also will be available on NTIA's website at 
http://www.ntia.doc.gov/psic.

FOR FURTHER INFORMATION CONTACT: Written requests for a hard copy of 
the Final FONSI should be submitted to: Ms. Laura Pettus, National 
Telecommunications and Information Administration, 1401 Constitution 
Avenue, N.W., Room 4812, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: The Digital Television Transition and Public 
Safety Act of 2005 (the Act) directed NTIA, in consultation with the 
Department of Homeland Security (DHS), to establish and administer a 
grant program to assist public safety agencies in the advancement of 
interoperable communications.\1\ The Act authorized NTIA to make 
payments not to exceed $1 billion, in the aggregate, through fiscal 
year 2010 to carry out the PSIC program. The grant program assisted 
public safety agencies in the acquisition of, deployment of, or 
training for the use of interoperable communications systems that can 
utilize reallocated public safety spectrum in the 700 MHz band for 
radio communication.\2\
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    \1\ The Digital Television Transition and Public Safety Act of 
2005 Sec.  3006, 47 U.S.C. Sec.  309 note (2008), Pub. L. No. 109-
171, 120 Stat. 25. The PSIC grant program requirements were 
subsequently amended by the Implementing Recommendations of the 9/11 
Commission Act of 2007 Sec.  2201, 47 U.S.C. Sec.  309 note (2008), 
Pub. L. No. 110-53, 121 Stat. 276.
    \2\ For additional information regarding the PSIC Grant Program, 
see, Public Safety Interoperable Communications Grant Program, 
Improving Interoperable Communications Nationwide: Overview of 
Initial State and Territory Investments, http://www.ntia.doc.gov/psic/PSIC%20 Investment%20Data%20Analysis%20(report%20only).pdf.
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    On September 30, 2007, the PSIC Grant Program awarded $968,385,000 
to fund interoperable communications projects for 56 States and 
Territories.\3\ These awards represent the largest single infusion of 
Federal funding ever provided for State, Territory, and local agencies 
to implement interoperable communications solutions for public safety.
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    \3\ Section 4 of the Call Home Act of 2006, 47 U.S.C. Sec.  309 
note (2008), Pub. L. No. 109-459, 120 Stat. 3399, mandated that all 
PSIC funds be awarded by September 30, 2007.
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    On February 19, 2009, NTIA published a Notice of Availability of a 
Final Programmatic Environmental Assessment (PEA) and Draft FONSI for 
the PSIC Grant Program.\4\ The comment period closed on March 23, 2009. 
NTIA received three (3) comments. These comments were from the 
Association of Public-Safety Communications Officials (APCO), the 
National Public Safety Telecommunications Council (NPSTC), and the 
Federal Communications Commissions (FCC). The APCO and NPSTC commenters 
suggested that NTIA's chosen environmental procedures would be overly 
burdensome and that NTIA should use the FCC's environmental evaluation 
process. NTIA notes that the National Environmental Policy Act of 1969 
(NEPA) would not permit this approach under these circumstances, and 
thus, did not amend the draft FONSI in response. NTIA did clarify in 
the final FONSI that the Tower Construction Notification System should 
only be used for projects involving communication of towers and is not 
suitable for use for other types of PSIC-funded projects.
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    \4\ 74 Fed. Reg. 7663 (2009).
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    NTIA prepared the Final FONSI in accordance with the requirements 
of NEPA and the Council on Environmental Quality (CEQ) regulations for 
implementing NEPA.\5\ The Final FONSI may be reviewed at http://www.regulations.gov or on NTIA's website as noted above. In addition, 
copies may be obtained by writing to Ms. Laura Pettus as provided 
above.
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    \5\ National Environmental Policy Act of 1969, 42 U.S.C. Sec.  
4321 (2008); Council on Environmental Quality for Implementing the 
Procedural Provisions of NEPA, 40 C.F.R. parts 1500-1508 (2008).

    Dated: April 20, 2009.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. E9-9410 Filed 4-23-09; 8:45 am]
BILLING CODE 3510-60-S