Department of Commerce, National Telecommunications and Information Administration: Public Safety Interoperable Communications (PSIC) Grant Program, GAO-07-1141R, August 3, 2007
The Honorable Daniel K.
Inouye
Chairman
The Honorable Ted Stevens
Ranking Minority Member
Committee on Commerce, Science, and Transportation
The Honorable John D.
Dingell
Chairman
The Honorable Joe Barton
Ranking Minority Member
Committee on Energy and Commerce
House of Representatives
Subject: Department of Commerce, National Telecommunications and Information
Administration: Public Safety Interoperable Communications (PSIC) Grant Program
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Commerce, National Telecommunications and
Information Administration (NTIA), entitled “Public Safety Interoperable
Communications (PSIC) Grant Program” (RIN: 0660-ZA17). We received the rule on
72 Fed. Reg. 40,120.
The final rule implements 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 spectrum for radio communications.
This grant program was authorized by section 3006 of the Deficit
Reduction Act of 2005, and section 4 of the Call Home Act of 2006. This is a one-time transfer program where
funds will be awarded no later than
Enclosed is our assessment of NTIA’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that NTIA complied with the applicable requirements.
If you have any questions about this report, please
contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236. The official responsible for GAO evaluation
work relating to the subject matter of the rule is Patricia Dalton, Managing
Director, Physical Infrastructure. Ms.
Dalton can be reached at
(202) 512-2834.
signed
Robert J. Cramer
Associate General Counsel
Enclosure
cc: John M. R. Kneuer
Assistant Secretary for Communications
and Information
Department of Commerce
ENCLOSURE
REPORT UNDER 5 U.S.C.
sect. 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF COMMERCE,
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
ENTITLED
"PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC)
GRANT PROGRAM"
(RIN: 0660-ZA17)
(i) Cost-benefit analysis
The final rule implements a grant program that will make
$968,385,000 available in grant awards.
This is a one-time transfer program where funds will be awarded no later
than
(ii) Agency actions relevant to the Regulatory
Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
Since the final rule was not preceded by a notice of proposed rulemaking, the requirements of the Regulatory Flexibility Act are not applicable.
(iii) Agency actions relevant to sections 202-205 of the
Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
The final rule does not contain either an intergovernmental or private sector mandate, as defined in Title II, of more than $120 million in any one year.
(iv) Other relevant information or requirements under
acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
NTIA stated that a 60-day delay in implementing the final
rule would hamper NTIA’s mission to improve public safety interoperable communications
and be contrary to congressional intent provided in section 3006 of the Deficit
Reduction Act and section 4 of the Call Home Act. Funds must be awarded before
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The application and investment justification for the grant outlined in the final rule are information collections subject to the Paperwork Reduction Act and have been approved by the Office of Management and Budget.
Statutory authorization for the rule
The final rule is 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.
Executive Order No. 12,866
The final rule was reviewed by the Office of Management and Budget and found to be an “economically significant” regulatory action under the order.
Executive Order No. 13,132 (Federalism)
According to NTIA, the final rule does not have sufficient federalism implications under the order to require the preparation of a federalism assessment.