Je veux savoir à propos de…

45904

Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
of these clarifications, we believe the prohibition appropriately balances the interests of Congress in restricting representatives of fee diverting jurisdictions from serving on advisory committees, without limiting representatives of non-diverting jurisdictions from providing their perspectives. Our clarification tracks NPSTCs view that an individual may be employed by a locality or state, but serve voluntarily in public safety associations/organizations for the benefit of all public safety, and may wish to end diverting practices.
Mission Critical Partners proposes that the restriction on diverter participation on advisory committees be expanded to include congressional panels, the National 911 Program, or other public safety-related committees, panels, or councils. Because this proposal would exceed Congresss directive in section 902, we decline to adopt it.

khammond on DSKJM1Z7X2PROD with RULES

Reporting Requirement Background. Section 902c1C
provides that if a state or taxing jurisdiction receives a grant under section 158 of the National Telecommunications and Information Administration Organization Act 47
U.S.C. 942 after the date of enactment of section 902, such State or taxing jurisdiction shall, as a condition of receiving such grant, provide the information requested by the Commission to prepare the annual report to Congress on 911 fees. 26 In the NPRM, we proposed to codify this provision in 9.25 under new subpart I
to require grant recipients to provide such information to the Commission.
Decision. We adopt our proposal, which was unopposed in the comment record, with clarifying modifications.27
Mission Critical Partners notes that the collection of information regarding states use of 911 funds provides comprehensive information for Congress to scrutinize and understand the needs of states and local 911 authorities.
APCO notes that using the strike force and annual reports to better understand the relationship between 26 47 U.S.C. 615a1f4 as amended; sec.
902c1C. NHTSA and NTIA will review the regulations for the 911 Grant Program at 47 CFR
part 400 in order to determine how best to implement the new obligation under the law. The Commission will work with these agencies to ensure a coordinated compliance regime.
27 We revise the language of the rule to clarify the reference to section 6f2 of the Wireless Communications and Public Safety Act of 1999, as amended 47 U.S.C. 615a1f2. We also clarify that each state or taxing jurisdiction subject to this requirement must file the information requested by the Commission and in the form specified by the Public Safety and Homeland Security Bureau.

VerDate Sep<11>2014

16:18 Aug 16, 2021

Jkt 253001

funding for 911 and emergency response will produce helpful information for public safety agencies and serve the Commissions and Congresss goal of discouraging fee diversion.
Underfunding 911 Services and Improving the Annual 911 Fee Report Background. In the Notice of Inquiry in this proceeding, we sought comment on whether improvements to the agencys data collection and reporting process could further discourage fee diversion. Section 902d2 provides that, beginning with the first annual fee report that is required to be submitted after the date that is 1 year after the date of the enactment of this Act, the Commission shall include in each report all evidence that suggests the diversion by a State or taxing jurisdiction of 91
1 fees or charges, including any information regarding the impact of any underfunding of 911 services in the State or taxing jurisdiction. Given that section 902 similarly requires us to forward any evidence of fee diversion, including any information regarding the impact of any underfunding of 91
1 services, to the 911 Strike Force, in the NPRM we sought comment on how we can best emphasize this aspect in our information collection reports.
Decision. As a threshold matter, we direct the Bureau to update the annual 911 fee report questionnaire to reflect the rules adopted in the Report and Order. This should help address concerns raised by commenters that our annual data collection be more effective in identifying fee diversion.
Commenters generally support the Commissions approach of using the 911
Strike Force and annual reports to better understand underfunding.28 APCO and several other commenters urge us to take a broad approach to analyzing 28 APCO Mar. 23, 2021 Comments at 2 using the Strike Force and annual reports will produce helpful information and serve the goal of discouraging fee diversion while looking at the bigger picture of the extent of underfunding regardless of the source; NC 911 Board Mar. 31, 2021 Reply at 3 stating that the NC 911 Board supports the Commissions apparent intent to seek greater clarity on underfunding through the Strike Force; IAFC Apr. 2, 2021 Reply at 56 quoting and supporting APCOs assertion that the Commission should use the Strike Force and annual reports to produce helpful information regarding underfunding. We note that the 911 Strike Force is due to submit its report to Congress by September of this year, which will not be enough time for the agency to pass along underfunding information collected through the fee report process this year.
The 911 Strike Force will examine, however, the impact of fee diversion on underfunding, and the Commission will submit to the 911 Strike Force the information that it currently has, as mandated by statute. See 47 U.S.C. 615a1 Statutory Notes as amended; sec. 902d13.

PO 00000

Frm 00050

Fmt 4700

Sfmt 4700

the extent and impacts of 911
underfunding, whether or not it is caused by 911 fee diversion.
Commenters note that the presence or absence of fee diversion does not reliably correlate to adequate funding for 911 and suggest that we take additional steps to study the broader impacts of underfunding the 911
system. We direct the Bureau to modify the annual fee report questionnaire to seek additional information on the underfunding of 911 systems, including both 1 information on the impact of fee diversion on 911 underfunding, and 2
information on 911 underfunding in general. We also refer this issue to the 911 Strike Force. The 911 Strike Force is charged with examining, among other things, the impacts of diversion, and we expect that its report will address underfunding as a potential impact of diversion.
We decline two requests from the NC
911 Board to expand the Commissions approach to analyzing underfunding, first that the Commission address underfunding of 911 as a prerequisite to finding that fee diversion has occurred, and second that the Commission provide more detail regarding the intent, definition, and scope of underfunding.
Neither section 902 nor the NET 911 Act contains a requirement that the Commission find underfunding prior to finding fee diversion. Regarding the request that the Commission provide more detail about the intent, definition, and scope of underfunding, we note that section 902 did not specifically direct the Commission to define underfunding at this time, but we refer the topic of defining underfunding 911 to the 911
Strike Force to study.
III. Procedural Matters Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980, as amended RFA, requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.
Accordingly, we have prepared a Final Regulatory Flexibility Analysis FRFA
concerning the possible impact of the rule changes contained in this Report and Order on small entities. The FRFA
is set forth in Appendix B of the Commissions Report and Order.
Paperwork Reduction Act of 1995
Analysis. The requirements in 9.25b constitute a modified information collection to OMB Control No. 3060
1122. The modified information collection will be submitted to the Office of Management and Budget
E:FRFM17AUR1.SGM

17AUR1