Eliminating Obsolete Regulations Related to the 911 Grant Program

Issuing agencies

Abstract

In this action, NTIA and NHTSA are removing regulations related to the 911 Grant Program because the program is no longer active and there have been no new appropriations to revive or extend it. This removal is intended to eliminate obsolete regulatory language, ensure that the Code of Federal Regulations is accurate and up-to-date, and minimize the risk of confusion regarding the availability of grant funds.

Full Text

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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Rules and Regulations]
[Pages 63500-63502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20493]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

47 CFR Chapter IV

[Docket ID 260108-0020]
RIN 0660-AA40; 2127-AN06


Eliminating Obsolete Regulations Related to the 911 Grant Program

AGENCY: National Telecommunications and Information Administration 
(NTIA), Department of Commerce; National Highway Traffic Safety 
Administration (NHTSA), U.S. Department of Transportation.

ACTION: Final rule.

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SUMMARY: In this action, NTIA and NHTSA are removing regulations 
related to the 911 Grant Program because the program is no longer 
active and there have been no new appropriations to revive or extend 
it. This removal is intended to eliminate obsolete regulatory language, 
ensure that the Code of Federal Regulations is accurate and up-to-date, 
and minimize the risk of confusion regarding the availability of grant 
funds.

DATES: The rule is effective October 6, 2026.

FOR FURTHER INFORMATION CONTACT: 
    For legal issues (Department of Transportation): Megan Brown, 
Attorney-Advisor, Office of the Chief Counsel, National Highway Traffic 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 
Email: <a href="/cdn-cgi/l/email-protection#7a171f1d1b14541808150d143a1e150e541d150c"><span class="__cf_email__" data-cfemail="b0ddd5d7d1de9ed2c2dfc7def0d4dfc49ed7dfc6">[email&#160;protected]</span></a>.
    For legal issues (Department of Commerce): Daniel Sweeney, Deputy 
General Counsel for Economic, Statistical, and Regulatory Affairs, 
Office of the General Counsel, at (240) 474-3619 and <a href="/cdn-cgi/l/email-protection#2d495e5a48484348546d49424e034a425b"><span class="__cf_email__" data-cfemail="5c382f2b39393239251c38333f723b332a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    NTIA and NHTSA are eliminating the regulations at 47 CFR part 400, 
which pertain to the 911 Grant Program jointly administered by NTIA and 
NHTSA.
    The 911 Grant Program was originally established under the Ensuring 
Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 
2004, codified at 47 U.S.C. 942. Through a final rule published on 
August 3, 2018 (83 FR 38059), the agencies revised the program's 
implementing regulations as required by the Next Generation 911 
Advancement Act of 2012, which was part of the Middle Class Tax Relief 
and Job Creation Act of 2012 (Pub. L. 112-96) and modernized the 
program to support the nationwide transition from legacy 911 systems to 
Next Generation 911 (NG911) services. The 2018 final rule updated the 
program's structure and broadened the eligible uses for grant funds to 
include NG911 technologies.
    As of 2026, the 911 Grant Program is no longer active. 
Authorization for the program expired on October 1, 2022 (47 U.S.C. 
942(d)(2)), and the Public Safety Trust Fund that funded the program 
was not extended past fiscal year 2022 (47 U.S.C. 1457(a)(2)). All 
projects funded by the program have been closed out and no open grants 
or applications exist.

II. Description of Regulatory Sections

    Part 400 consists of eleven sections: Sec. Sec.  400.1-400.11. 
Section 400.1 establishes the purpose of part 400. Section 400.2 
provides definitions for various terms used throughout part 400. 
Section 400.3 addresses who may apply for a grant under part 400. 
Section 400.4 sets forth the application requirements. Section 400.5 
addresses the review and approval of applications. Section 400.6 sets 
forth the framework for the distribution of grant funds. Section 400.7 
establishes restrictions on how grant funds may be used. Section 400.8 
sets forth continuing compliance requirements. Section 400.9 sets forth 
financial and administrative requirements, including reporting 
requirements related to performance and finances. Section 400.10 
establishes the applicable closeout procedures. Section 400.11 
addresses the authority of the 911 Implementation Coordination Office 
to waive the provisions of part 400 in extraordinary circumstances.

III. Discussion

    NTIA and NHTSA are eliminating 47 CFR part 400 in its entirety. The 
ENHANCE 911 Act of 2004, as amended by the Next Generation 911 
Advancement Act of 2012, appropriated a limited amount of funding for 
the 911 Grant Program, and all those funds have been allocated and 
awarded. No new appropriations have been made to revive or extend the 
program. Indeed, as stated on the program's website (<a href="https://www.911.gov/projects/federal-funding/">https://www.911.gov/projects/federal-funding/</a>), ``[t]here are currently no 911 
Grants open for application.'' Because the program is now obsolete, and 
all the language in part 400 is now functionally irrelevant, NTIA and 
NHTSA are removing and reserving part 400. The elimination of part 400 
will remove obsolete language, simplify the Code of Federal 
Regulations, and reduce the possibility of confusion regarding the 
availability of 911 Grant Program funds.
    NTIA and NHTSA will remain ready to promulgate new regulations in 
the event that the 911 Grant Program is revived or extended by 
Congress.

IV. Waiver of Notice and Comment

Administrative Procedure Act

    NTIA and NHTSA find good cause to issue, without notice and 
comment, and to make effective immediately, this elimination of the 911 
Grant Program regulations in their entirety, in accordance with 5 
U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3). The Administrative Procedure 
Act provides that when an agency, for good cause, finds that notice and 
comment are impracticable, unnecessary, or contrary to the public 
interest, the agency may issue a final rule without providing prior 
notice and an opportunity for public comment (5 U.S.C. 553(b)(B)). In 
addition, a substantive rule will be made effective at least 30 days 
after its publication unless an agency finds good cause to make the 
rule effective prior to that date. See 5 U.S.C. 553(d)(3).
    The 911 Grant Program, which is the subject of the regulations 
eliminated by this action, is no longer active. Both the authorization 
and trust fund that provide funding for the 911 Grant Program expired 
at the end of fiscal year 2022. No funds have been appropriated for the 
911 Grant Program since 2022. With these considerations in mind, NTIA 
and NHTSA find it unnecessary to provide prior notice and opportunity 
for public comment on this elimination of regulatory language related 
to the expired 911 Grant Program. For these same reasons, the agencies 
find good cause to make this amendment effective immediately.

V. Regulatory Analyses and Notices

A. Executive Order 12866 (Regulatory Planning and Review)

    The Office of Management and Budget (OMB) has determined this rule 
to be significant for purposes of Executive Order (E.O.) 12866.

B. Executive Order 14192 (Unleashing Prosperity Through Deregulation)

    This rule is an E.O. 14192 deregulatory action.

[[Page 63501]]

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et 
seq.) requires agencies to evaluate the potential effects of their 
proposed and final rules on small businesses, small organizations, and 
small governmental jurisdictions. Section 605 of the RFA allows 
agencies to certify a rule, in lieu of preparing an analysis, if the 
proposed rulemaking is not expected to have a significant economic 
impact on a substantial number of small entities. The Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-21, 110 Stat. 
857) amended the RFA to require Federal agencies to provide a statement 
of the factual basis for certifying that an action would not have a 
significant economic impact on a substantial number of small entities.
    Because a notice of proposed rulemaking and an opportunity for 
public participation are not required to be given for this rule by 5 
U.S.C. 553(b)(B), the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) are not applicable. See Or. 
Trollers Ass'n v. Gutierrez, 452 F.3d 1104, 1123-24 (9th Cir. 2006) 
(noting that the RFA does not apply when an agency validly invokes an 
exception to the public comment requirements of 5 U.S.C. 553).

D. Executive Order 13132 (Federalism)

    This rule does not contain policies having federalism implications 
as the term is defined in E.O. 13132.

E. Executive Order 12988 (Civil Justice Reform)

    This rulemaking meets applicable standards to minimize litigation, 
eliminate ambiguity, and reduce burden as set forth in sections 3(a) 
and 3(b)(2) of E.O. 12988 (February 5, 1996).

F. Paperwork Reduction Act

    Under the procedures established by the Paperwork Reduction Act of 
1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain 
approval from OMB for each collection of information they conduct, 
sponsor, or require through regulations. The OMB Control Number for the 
information collection was 0660-0041; the information collection 
expired June 30, 2023. This rule contains no new information collection 
requirements under the Paperwork Reduction Act of 1995.

G. Unfunded Mandates Reform Act

    The changes set forth in this rulemaking do not involve a Federal 
intergovernmental mandate that will result in the expenditure by State, 
local, and tribal governments, in the aggregate, of $100 million (as 
adjusted) or more in any one year, or a Federal private sector mandate 
that will result in the expenditure by the private sector of $100 
million (as adjusted) or more in any one year, and will not 
significantly or uniquely affect small governments. Therefore, no 
actions are necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995. See 2 U.S.C. 1501 et seq.

H. National Environmental Policy Act

    NHTSA has analyzed the environmental impacts of this final rule 
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321, et seq.). NHTSA has determined that this rule is 
categorically excluded pursuant to 23 CFR 771.118(c)(4). Categorical 
exclusions are categories of actions that the agency has determined 
normally do not significantly affect the quality of the human 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). See DOT Order 
5610.1D Sec.  9. In analyzing the applicability of a categorical 
exclusion (CE), the agency must also consider whether extraordinary 
circumstances are present that would warrant the preparation of an EA 
or EIS. Id. Sec.  9(b). Each DOT Operating Administration (OA) may 
apply a CE established in another OA's procedures. Id. Sec.  9(f). To 
do so, the OA ``must evaluate the action for extraordinary 
circumstances identified in the OA procedures in which the CE is 
established to determine if a normally excluded action may have a 
significant impact and coordinate with the originating OA to ensure 
that the CE is being applied correctly.'' Id.
    This rulemaking eliminates regulatory provisions related to the 911 
Grant Program, which is no longer operational, and is categorically 
excluded pursuant to 23 CFR 771.118(c)(4), ``Planning and 
administrative activities not involving or leading directly to 
construction, such as: Training, technical assistance and research; 
promulgation of rules, regulations, directives, or program guidance; 
approval of project concepts; engineering; and operating assistance to 
transit authorities to continue existing service or increase service to 
meet routine demand.'' NHTSA has coordinated with the Federal Transit 
Administration to ensure that this CE is being applied correctly. NHTSA 
does not anticipate any environmental impacts, and there are no 
extraordinary circumstances present in connection with this rulemaking.
    NTIA has analyzed the environmental impacts of this final rule 
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321, et seq.) and in accordance with its Guidance on NTIA 
National Environmental Policy Act Compliance to determine the potential 
environmental impacts of this rulemaking. NTIA has determined that this 
Proposed Action, which is a rulemaking to eliminate regulatory 
provisions for an obsolete grant program, qualifies for NTIA CE A-1, 
``Personnel, fiscal, management, and administrative activities, 
including recruiting, processing, paying, recordkeeping, budgeting, 
personnel actions, contract administration, and travel.'' This action 
has no potential for extraordinary circumstances because the 
elimination of obsolete regulatory provisions would not result in any 
activities or follow-on actions and has no potential to impact the 
human environment.

I. Executive Order 13175 (Consultation and Coordination With Indian 
Tribes)

    E.O. 13175 (65 FR 67249, Nov. 9, 2000) requires Federal agencies to 
consult and coordinate with Tribes on a government-to-government basis 
on policies that have Tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian Tribes, on the relationship between the Federal Government 
and Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes. NTIA and NHTSA has 
assessed the impact of this rule on Indian tribes and determined that 
this action would not have Tribal implications that require 
consultation under E.O. 13175.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule to each House of the Congress and to the Comptroller 
General of the United States. NTIA and NHTSA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this rule in the Federal 
Register. Because this rule does not meet the criteria in 5 U.S.C. 
804(2) for a major rule, it will be effective upon publication in the 
Federal Register.

[[Page 63502]]

L. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). For information on 
DOT's compliance with the Privacy Act, please visit <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.

List of Subjects in 47 CFR Part 400

    Administrative practice and procedure, Communications, Grant 
programs--social programs, Grants administration, Indians, Reporting 
and recordkeeping requirements, Telecommunications.

    Dated: October 2, 2026.
David Brodian,
Chief Counsel, National Telecommunications and Information 
Administration.
Jonathan Morrison,
Administrator, National Highway Traffic Safety Administration.

CHAPTER IV--[REMOVED AND RESERVED]

0
Accordingly, for the reasons set forth above and under the authority of 
47 U.S.C. 942 and 5 U.S.C. 301, chapter IV of title 47 of the Code of 
Federal Regulations is removed and reserved.

[FR Doc. 2026-20493 Filed 10-5-26; 8:45 am]
BILLING CODE 3510-60-P


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