[Federal Register: March 14, 2003 (Volume 68, Number 50)]
[Rules and Regulations]
[Page 12543-12552]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr03-9]
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Part VI
Department of Homeland Security
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Federal Emergency Management Agency
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Assistance to Firefighters Grant Program; Final Rule and Notice
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 152
RIN 3067-AD21
Assistance to Firefighters Grant Program
AGENCY: U.S. Fire Administration (USFA), FEMA, Emergency Preparedness
and Response, Homeland Security.
ACTION: Final rule.
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SUMMARY: FEMA is publishing this final rule to establish guidance on
our program to make grants directly to fire departments of a State for
the purpose of enhancing their ability to protect the health and safety
of the public as well as that of firefighting personnel facing fire and
fire-related hazards. These grants are awarded on a competitive basis
to eligible applicants that most closely address the program's
priorities and then demonstrate financial need and maximize the benefit
to be derived from the grant funds. The program's priorities will be
stated in the Notice of Funds Availability (NOFA) that we will publish
pursuant to the program's annual appropriation.
DATES: Effective Date: This final rule is effective on March 14, 2003.
ADDRESSES: Please send any comments to the Rules Docket Clerk, Office
of the General Counsel, Federal Emergency Management Agency, 500 C
Street, SW., room 840, Washington, DC 20472. Comments may also be
transmitted via fax to (202) 646-4536 or e-mail to rules@fema.gov.
Please reference ``Assistance to Firefighters Grant Program'' in the
subject line of your e-mail or comment letter.
FOR FURTHER INFORMATION CONTACT: Brian Cowan, Director, Grants Program
Office, U.S. Fire Administration (USFA), Federal Emergency Management
Agency, 500 C Street, SW., room 304, Washington, DC 20472, or call 1-
866-274-0960, or e-mail USFAGRANTS@fema.gov.
SUPPLEMENTARY INFORMATION: This final rule establishes guidance on the
administration of grants made under the authority of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.).
The purpose of the program is to award grants directly to fire
departments of a State to enhance their ability to protect the health
and safety of the public, as well as that of firefighting personnel,
facing fire and fire-related hazards.
We will award the grants on a competitive basis to the applicants
that (1) most closely address the program's priorities, and (2)
demonstrate financial need; maximum benefit derived from the grant
funds with their projects; and effective and efficient project plans
and procurements. For the purpose of this program, ``State'' is defined
as the fifty States, the District of Columbia, Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
Eligible applicants for the Assistance to Firefighters Grant
Program are limited to fire departments of a State as defined herein. A
``fire department of a State'' is defined as an agency or organization
that has a formally recognized arrangement with a State, local or
tribal authority (city, county, parish, fire district, township, town
or other governing body) to provide fire suppression to a population
within a fixed geographical area. A fire department can apply for
assistance for its emergency medical services (EMS) unit provided the
unit falls organizationally under the auspices of the fire department.
A municipality or fire district may submit an application on behalf of
a fire department when the fire department lacks the legal status to do
so, e.g., where the fire department falls within the auspices of the
municipality. When a municipality or fire district submits an
application on behalf of a fire department, the fire department is
precluded from submitting an additional application.
Fire departments that are Federal fire departments are not eligible
for this grant program. Fire departments that are contracted by the
Federal government and are solely responsible for suppression of fires
on Federal installations are not eligible for this grant program. Fire
stations that are not independent fire departments but are part of, or
controlled by a larger fire department or agency are typically not
eligible. Fire departments that are for-profit departments (i.e., do
not have specific non-profit status and/or are not municipally based)
are not eligible to apply for assistance under this program. Also not
eligible for this program are ambulance services, rescue squads,
auxiliaries, dive teams, urban search and rescue teams, fire service
organizations or associations, and State/local agencies such as a
forest service, fire marshal, hospitals, and/or training offices.
Congress included in the legislation a list of fourteen activities
eligible for funding under this program. Those activities are as
follows: (a) To hire additional firefighting personnel; (b) to train
firefighting personnel in firefighting, emergency response (including
response to a terrorism incident or use of a weapon of mass
destruction), arson prevention and detection, or the handling of
hazardous materials, or to train firefighting personnel to provide any
of the training described above; (c) to fund the creation of rapid
intervention teams to protect firefighting personnel at scenes of fires
and other emergencies; (d) to certify fire inspectors; (e) to establish
wellness and fitness programs for firefighting personnel to ensure that
the firefighting personnel can carry out their duties; (f) to fund
emergency medical services provided by fire departments; (g) to acquire
additional firefighting vehicles, including fire trucks; (h) to acquire
additional firefighting equipment, including equipment for
communications, monitoring, and response to a terrorism incident or use
of a weapon of mass destruction; (i) to acquire personal protective
equipment required for firefighting personnel by the Occupational
Safety and Health Administration (OSHA), and other personal protective
equipment for firefighting personnel, including protective equipment to
respond to a terrorism incident or the use of a weapon of mass
destruction; (j) to modify fire stations, fire training facilities, and
other facilities to protect the health and safety of firefighting
personnel; (k) to enforce fire codes; (l) to fund fire prevention
programs; (m) to educate the public about arson prevention and
detection; and, (n) to provide incentives for the recruitment and
retention of volunteer firefighting personnel for volunteer
firefighting departments and other firefighting departments and other
firefighting departments that utilize volunteers.
The specific activities that will be eligible for funding will be
announced in the NOFA that we will publish pursuant to the program's
annual appropriation.
Eligible applicants can apply for this program on-line via FEMA's
electronic grant (e-grant) application process. (While we encourage all
applicants to apply on-line, we will provide and accept paper
applications. Details about how to request a paper application and how
to submit a paper application can be found later in this section of
this final rule or on the U.S. Fire Administration's Web site:
www.usfa.fema.gov). The e-grant application consists of electronic
versions of FEMA's grant forms. The
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application will include questions that are designed to provide
general, generic information about the applicant. The application will
also include activity-specific questions for each activity that the
department plans to implement with the grant funds. The activity-
specific questions will also be used by us to determine if your
application addresses the program's priorities and merits further
review.
In connection with the activity-specific questions, the applicants
will be asked to provide details concerning the various budget items
necessary to accomplish their proposed projects. Lastly, the
application will include a project narrative in which the applicant
provides a detailed description of their planned activity or
activities, the applicant's financial need, and the benefits to be
derived from the costs of the activity.
In selecting applications for award, we will first evaluate each
application independently based on established applicant eligibility
criteria and with respect to program priorities. Then we will evaluate
the applications of those with the best score for their project
descriptions, the financial needs of the applicant and an analysis of
the benefits that would result from the grant award. In the first
screening, every application will be evaluated based on the answers to
the activity-specific questions. The applications that most closely
address the Assistance to Firefighters Grant Program's established
priorities will be deemed to be in the ``competitive range'' and
subject to a second level of review. This second level of review is
conducted using technical review panels (made up of individuals from
the fire service and fire service organizations) that assess the
application's merits with respect to the detail provided in the
narrative about the project, the applicant's financial need, and the
project's benefit to be derived from the cost. At least three technical
evaluation panelists will independently score each application and then
discuss the merits/shortcomings of the application in order to
reconcile any major discrepancies. A consensus on the score is not
required. The scores of the panelists will be added together, and then
divided by the number of panelists to arrive at the final score of the
application. The highest scoring applications will then be considered
for award.
The law requires a certain distribution of grant funds between
career departments and combination/volunteer fire departments.
Specifically, we must ensure that fire departments that have either
all-volunteer forces of firefighting personnel or combined forces of
volunteer and career firefighting personnel receive a portion of the
total grant funding that is not less than the proportion of the United
States population that those departments protect. The specific
proportions will be gleaned from the most recent survey conducted by
the National Fire Protection Association and announced in the NOFA that
we will publish pursuant to the program's annual appropriation.
To fulfill our obligations under the law which requires us to make
grants to a variety of fire departments, we may deviate from our
primary decision factor of rank order and use department type (career,
combination, or volunteer) and/or the type of community the fire
department serves (urban, suburban, or rural) and/or the geographic
location of the department as alternate decision factors when selecting
departments for award. In these instances in which we are making
decisions based on geographic location, we will use States as the basic
geographic unit. We are also required under the law to make grants for
fire prevention programs that total no less than five (5) percent of
the funds appropriated for the grant program. We are also limited in
the amount of funds that may be awarded for firefighting vehicles,
specifically, no more than twenty-five (25) percent of the funds
appropriated for the grants shall be used to assist grant recipients to
purchase firefighting vehicles.
For each year the grant program is appropriated, we will issue a
NOFA and announce the application requirements as well as other
pertinent information regarding the application. The application will
be available on FEMA's e-grant system and accessible from the FEMA and
USFA Internet homepages. Although we do not encourage the use of paper
applications, paper applications will be available for applicants that
do not have access to the Internet.
Complete application packages must be submitted electronically or
otherwise received by us on or before the close of business (5 p.m.
EST) on the closing date as announced in the Notice of Availability of
Funds. We will not accept late or incomplete applications. The
automated grant application system has features built into it that will
guarantee that the application is complete when submitted.
Eligible applicants can access an electronic version of the
application form at the FEMA/USFA Web site (www.usfa.fema.gov). If an
applicant does not have access over the Internet to the FEMA/USFA Web
sites, the applicant may contact us directly to request a copy via
mail. Those applicants interested in receiving an application in the
mail can (1) submit their request to USFA Grant Program Technical
Assistance Center, 16825 South Seton Avenue, Emmitsburg, Maryland,
21727-8998, (2) phone 866-274-0960, or (3) e-mail us at
USFAGRANTS@fema.gov. Applicants not using the automated e-grant system
should complete and submit their signed original application to us at
USFA Grant Program Technical Assistance Center, 16825 South Seton
Avenue, Emmitsburg, Maryland, 21727-8998. In order for us to receive
paper applications by the closing date, paper applications must be
postmarked three business days prior to the closing date, or
transmitted via next-day courier service one full business day prior to
the closing date. Faxed applications will not be considered.
We solicited comments on the proposed rule in our previously
published interim final rule. The interim final rule appeared in the
Federal Register on February 22, 2002. We received thirteen (13)
responses that contained seventeen (17) individual comments. Five
comments were unrelated to the rule (e.g., dealing with the application
deadline or advertising the availability of excess Federal property).
Three comments were specific to the eligibility of certain items and
five were specific to the eligibility of certain types of applicants.
All concerns over expense eligibility have been addressed in this final
rule. The five comments regarding applicant eligibility were all
focused on the eligibility of non-fire based organizations; four were
related to the exclusion of non-fire based EMS providers into the
program. We are bound by our statutory authority, which only allows us
to make grants to fire departments, and therefore we made no changes to
the final rule with respect to applicant eligibility. One comment
indicated that the program's emphasis should be based on basic
operational needs rather than basing it on the industry's standards
that often incorporate a certain amount of ``expensive technology.'' We
made no adjustments to our rule as a result of this comment because our
program already places a higher priority on basic firefighting needs.
We received one comment that concerned the inclusion of combination
departments with volunteer departments rather than with career
departments. This policy is a direct reflection of the authorizing
legislation. Therefore, we did not make
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any changes. We also received a comment regarding the non-funding of
firefighting personnel. The hiring of firefighting personnel is one of
the fourteen activities delineated by Congress as an eligible activity
under this program. We have been very deliberate in our expansion of
the program to include all of these activities, but the policy not to
fund the hiring of firefighting personnel for 2002 was derived from the
program's appropriation language. Each year that the program is
appropriated, we will announce specific details concerning the
activities that will be available for funding in a Notice of Funds
Availability.
The final comment concerned the inability of many departments to
meet the required cost-share. This concern has been supported by
several applicants that have had to decline their award due to lack of
funds and by several of our grantees that reported their difficulties
in funding their match. Unfortunately, the authorizing legislation
requires that the applicants participate in the cost of the grant
projects by providing ``funds'' as a cost-share. As such, no changes
were made to the requirement for a cash match.
In any year that the Assistance to Firefighters Grant Program is
authorized and appropriated, we may elect to set aside a portion of the
funds available under this program to make grants to, or enter into
contracts or cooperative agreements with, national, State, local or
community organizations or agencies, including fire departments, for
the purpose of carrying out fire prevention and injury prevention
programs.
In accordance with statutory requirement, our support for these
fire prevention and safety activities will concentrate on organizations
that focus on the prevention of injuries to children from fire. In
addition to this priority, we are also placing an emphasis on funding
projects that focus on protecting the U.S. Fire Administration (USFA)-
identified high-risk populations, i.e., children under fourteen,
seniors over sixty-five, and firefighters. Since the victims of burns
experience both short- and long-term physical and psychological
effects, we are also placing a priority on programs that focus on
reducing the immediate and long-range effects of fire and burn
injuries, primarily those affecting children.
The specific details concerning this fire prevention and safety
program will be announced in the NOFA that we will publish pursuant to
the program's annual appropriation.
Administrative Procedures Act Determination
We are publishing this final rule having incorporated all
appropriate public comment received under the Administrative Procedures
Act (APA), 5 U.S.C. 553.
National Environmental Policy Act
The National Environmental Policy Act requires that any major
Federal action be reviewed for its potential impact on the environment.
This rule, a major Federal action, has been reviewed as to its
potential to impact the environment. It was found that the types of
activities proposed to be eligible by this rule would fall under at
least one of the categorical exclusions defined by 44 CFR 10.8(d)(2).
Therefore, this rule, which addresses those actions, is categorically
excluded from the preparation of an environmental assessment or
environmental impact statement according to 44 CFR 10.8(d)(2)(ii).
E.O. 12898, Environmental Justice
Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations,'' 59 FR 7629, February 16, 1994, agencies must undertake
to incorporate environmental justice into their policies and programs.
The Executive Order requires each Federal agency to identify and
address, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minority and low-income populations. In addition, each
Federal agency must conduct its programs, policies, and activities that
substantially affect human health or the environment, in a manner that
ensures that those programs, policies, and activities do not have the
effect of excluding persons from participation in, denying persons the
benefits of, or subjecting persons to discrimination in those programs,
policies, and activities because of their race, color, or national
origin. No action that we can anticipate under this final rule will
have a disproportionately high and adverse human health and
environmental effect on any segment of the population. In addition, the
final rule does not impose substantial direct compliance costs on those
communities nor does it discriminate by excluding persons or denying
benefits because of race, color, or national origin. Accordingly, this
final rule is in compliance with the requirements of Executive Order
12898.
E.O. 12866, Regulatory Planning and Review
Under Executive Order 12866, 58 FR 51735, October 4, 1993, we are
required to examine whether this rule is a ``significant regulatory
action'' as defined in the rule. A significant regulatory action is
subject to review by the Office of Management and Budget (OMB) and the
requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
This final rule sets out our administrative procedures for making
grants under the Assistance to Firefighters Grant Program. This program
has been authorized and appropriated at levels that exceed the
$100,000,000 threshold and when the applicant's cost-share is
considered we must conclude this rule to be a significant action. We
have, therefore, determined that this rule is a ``significant
regulatory action'' under the terms of Executive Order 12866. In light
of this finding, we set forth the following regulatory impact analysis.
The final rule would facilitate the issuance of grants to local
fire departments in the following programmatic areas: Fire operations
and firefighter safety, fire prevention, emergency medical services,
and firefighting vehicles. Although we have not undertaken quantitative
studies to measure the envisaged effects of the program, we have
determined that the funding distributed under this program will have an
immediate, lasting, and positive effect on the safety of the
communities served by the recipient fire departments, as well as on the
safety of the firefighters themselves.
We highlight the fact that the final rule does not relate to a new
or discretionary program of a regulatory nature. Instead, through this
final rule, we are implementing a Congressionally mandated initiative
aimed at protecting
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the health and safety of the public and firefighting personnel against
fire and fire-related hazards. See 15 U.S.C. 2229.
The Office of Management and Budget has reviewed the final rule
under Executive Order 12866.
Paperwork Reduction Act
This final rule contains a collection of information that is
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
The Office of Management and Budget (OMB) has approved our use of the
collection of information titled ``Assistance to Firefighters Grant
Program--Grant Application Supplemental Information'' to implement the
program and assigned it OMB control number 1660-0054, which expires
December 31, 2005. Under the provisions of the Act, we may not conduct
or sponsor, and a person is not required to respond to or may not be
penalized for failing to comply with, a collection of information
unless it displays a currently valid OMB control number. The
information provided by grant applicants is required by us to provide
them Federal grant assistance under the Assistance to Firefighters
Grant Program under the authority of the Federal Fire Prevention and
Control Act of 1947 (15 U.S.C. 2201 et seq.).
We use the information included in grant application packages to
evaluate the eligibility and merits of each request for funding. The
supplementary information augments the screening and referral forms
used by the grants administration program to determine if applicants
meet basic eligibility requirements.
The information collected will be used to evaluate each of the
20,000 to 25,000 anticipated applications objectively to verify
eligibility and to determine which of the proposed projects most
closely address the established program priorities and which applicants
have the greatest needs. The information will also be used to determine
which projects offer the highest benefits for the costs incurred and
the information will be used to ensure that FEMA's responsibilities
mandated in the legislation are fulfilled accurately and efficiently.
FEMA will also use the information to ensure that funds are distributed
to volunteer and career departments; and to urban, suburban, and rural
fire departments, as mandated by Congress. We also will use the
information to assure an equitable distribution geographically, using
States as the geographic unit.
Executive Order 13132, Federalism
This Executive Order sets forth principles and criteria that
agencies must adhere to in formulating and implementing policies that
have federalism implications, that is, regulations that have
substantial direct effects on the States, or on the distribution of
power and responsibilities among the various levels of government.
Federal agencies must closely examine the statutory authority
supporting any action that would limit the policymaking discretion of
the States, and to the extent practicable, must consult with State and
local officials before implementing any such action.
We have reviewed this final rule under the threshold criteria of
Executive Order 13132, Federalism. We have determined that the rule
does not have federalism implications as defined by the Executive
Order. The rule sets out our administrative procedures for making
grants available for fire departments to enhance their ability to
protect the health and safety of the public and that of their
firefighting personnel facing fire and fire-related hazards. The rule
does not significantly affect the rights, roles, and responsibilities
of States, and involves no preemption of State law, nor does it limit
State policymaking discretion.
The Office of Management and Budget has reviewed the final rule
under Executive Order 13132.
Congressional Review of Agency Rulemaking
We have sent this final rule to the Congress and to the General
Accounting Office under the Congressional Review of Agency Rulemaking
Act, 5 U.S.C. 801 et seq. The rule is a ``major rule'' within the
meaning of that Act. It will result in an annual effect on the economy
of $100,000,000 or more. The rule sets out our administrative
procedures for making grants available for eligible applicants, i.e.,
fire departments, to enhance their ability to protect the health and
safety of the public as well as that of the firefighting personnel
facing fire and fire-related hazards.
In compliance with section 808(2) of the Congressional Review of
Agency Rulemaking Act, 5 U.S.C. 808(2), for good cause we find that
notice and public procedure on this final rule are impractical,
unnecessary, or contrary to the public interest.
Unfunded Mandates Reform Act
The rule is not an unfunded Federal mandate within the meaning of
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and
any enforceable duties that we impose are a condition of Federal
assistance or a duty arising from participation in a voluntary Federal
program.
List of Subjects in 44 CFR Part 152
Fire prevention, Grant programs--firefighters assitance.
Accordingly, we revise Part 152 of 44 CFR, Chapter I, to read as
follows:
PART 152--ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM
Sec.
152.1 Purpose and eligible uses of grant funds.
152.2 Definitions.
152.3 Availability of funds.
152.4 Roles and responsibilities.
152.5 Review process and evaluation criteria.
152.6 Application review and award process.
152.7 Grant payment, reporting and other requirements.
152.8 Application submission and deadline.
152.9 Reconsideration.
Authority: Federal Fire Protection and Control Act, 15 U.S.C.
2201 et seq.
Sec. 152.1 Purpose and eligible uses of grant funds.
(a) This competitive grant program will provide funding directly to
fire departments of a State for the purpose of enhancing departments
abilities to protect the health and safety of the public, as well as
that of firefighting personnel, facing fire and fire-related hazards.
Eligible applicants can submit only one application per application
period. Departments that submit multiple applications in one
application period will have each of their applications deemed
ineligible.
(b) Eligible applicants are fire departments or fire departments of
a State which is defined as an agency or organization that has a
``formally recognized arrangement'' with a State, local or tribal
authority (city, county, parish, fire district, township, town, or
other non-Federal governing body) to provide fire suppression services
within a fixed geographical area. A fire department can apply for
assistance for its emergency medical services unit provided the unit
falls organizationally under the auspices of the fire department. A
municipality or fire district may submit an application on behalf of a
fire department when the fire department lacks the legal status to do
so, e.g., where the fire department falls within the auspices of the
municipality. When a municipality or fire district submits an
application on behalf of a fire department, the fire department is
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precluded from submitting an additional application. Non-Federal
airport and/or port authority fire departments are eligible, but only
if they have a formally recognized arrangement with the local
jurisdiction to provide fire suppression, on a first-due basis, outside
the confines of the airport or port facilities. Airport or port
authority fire departments whose sole responsibility is suppression of
fires on the airport grounds or port facilities are not eligible for
this grant program. Fire departments that are Federal or contracted by
the Federal government and whose sole responsibility is suppression of
fires on Federal installations are not eligible for this grant program.
Fire stations that are not independent but are part of, or controlled
by a larger fire department or agency, are typically not eligible. Fire
departments that are for-profit departments (i.e., do not have specific
non-profit status or are not municipally based) are not eligible to
apply for assistance under this program. Also not eligible for this
program are ambulance services, rescue squads, auxiliaries, dive teams,
urban search and rescue teams, fire service organizations or
associations, and State/local agencies such as a forest service, fire
marshal, hospitals, and training offices.
(c) Congress included in the legislation a list of fourteen
activities eligible for funding under this program. Those activities
are as follows:
(1) To hire additional firefighting personnel;
(2) To train firefighting personnel in firefighting, emergency
response (including response to a terrorism incident or use of a weapon
of mass destruction), arson prevention and detection, or the handling
of hazardous materials, or to train firefighting personnel to provide
any of the training in this paragraph (c);
(3) To fund the creation of rapid intervention teams to protect
firefighting personnel at scenes of fires and other emergencies;
(4) To certify fire inspectors;
(5) To establish wellness and fitness programs for firefighting
personnel to ensure that the firefighting personnel can carry out their
duties;
(6) To fund emergency medical services provided by fire
departments;
(7) To acquire additional firefighting vehicles, including fire
trucks;
(8) To acquire additional firefighting equipment, including
equipment for communications, monitoring, and response to a terrorism
incident or use of a weapon of mass destruction;
(9) To acquire personal protective equipment required for
firefighting personnel by the Occupational Safety and Health
Administration, and other personal protective equipment for
firefighting personnel, including protective equipment to respond to a
terrorism incident or the use of a weapon of mass destruction;
(10) To modify fire stations, fire training facilities, and other
facilities to protect the health and safety of firefighting personnel;
(11) To enforce fire codes;
(12) To fund fire prevention programs;
(13) To educate the public about arson prevention and detection;
and
(14) To provide incentives for the recruitment and retention of
volunteer firefighting personnel for volunteer firefighting departments
and other firefighting departments that utilize volunteers.
(d) The specific activities that will be eligible for funding will
be announced in the Notice of Funding Availability (NOFA) that we will
publish pursuant to the program's annual appropriation.
Sec. 152.2 Definitions.
Active firefighter is a member of a fire department or organization
in good standing that is qualified to respond to and extinguish fires
or perform other fire department emergency services and has actively
participated in such activities during the past year.
Bay is the part or compartment of a building that provides parking
for one or more pieces of firefighting apparatus.
Career department is a fire suppression agency or organization in
which all active firefighters are considered full-time employees, are
assigned regular duty shifts, and receive financial compensation for
their services rendered on behalf of the department. Departments with
active firefighters that are paid stipends on a per-call basis are not
career departments. See the definition of combination department in
this section.
Combination department is a fire suppression agency or organization
in which at least one active firefighter receives financial
compensation for his/her services rendered on behalf of the department
and at least one active firefighter does not receive financial
compensation for his/her services rendered on behalf of the department
other than life/health insurance, workmen's compensation insurance,
length of service awards, pay per-call or per-hour, or similar token
compensation.
Construction is the creation of a new structure or any modification
of the footprint or profile of an existing structure. Changes or
renovations to an existing structure that do not change the footprint
or profile of the structure but exceed either $10,000 or 50 percent of
the value of the structure, are also considered construction for the
purposes of this grant program. Changes that are less than $10,000 and/
or 50 percent of the value of the structure are considered renovations,
for the purposes of this grant program.
Direct delivery of training is training conducted within a training
organization's own jurisdiction using the organization's own resources
(trainers, facilities, equipment, etc.).
Fire boat is a vessel designed primarily for firefighting
operations, however, may also be capable of water rescue and hazardous
materials spills mitigation, etc. These vessels may also have the
capability to pump a large volume of water from a drafting operation.
Fire department or fire department of a State is an agency or
organization that has a ``formally recognized arrangement'' with a
State, local or tribal authority (city, county, parish, fire district,
township, town, or other non-Federal governing body) to provide fire
suppression services within a fixed geographical area. A fire
department can apply for assistance for its emergency medical services
unit provided the unit falls organizationally under the auspices of the
fire department. A municipality or fire district may submit an
application on behalf of a fire department when the fire department
lacks the legal status to do so, e.g., where the fire department falls
within the auspices of the municipality. When a municipality or fire
district submits an application on behalf of a fire department, the
fire department is precluded from submitting an additional application.
Non-Federal airport and/or port authority fire departments are
eligible, but only if they have a formally recognized arrangement with
the local jurisdiction to provide fire suppression services, on a
first-due basis, outside the confines of the airport or port
facilities. Airport or port authority fire departments whose sole
responsibility is suppression of fires on the airport grounds or port
facilities are not eligible for this grant program. Fire departments
that are Federal or contracted by the Federal government and whose sole
responsibility is suppression of fires on Federal installations are not
eligible for this grant program. Fire departments or fire stations that
are not independent but are part of, or controlled by a larger fire
department or agency, are typically not eligible. Fire departments that
are for-profit departments (i.e., do not have specific non-profit
status or are not
[[Page 12549]]
municipally based) are not eligible to apply for assistance under this
program. Also not eligible for this program are ambulance services,
rescue squads, auxiliaries, dive teams, urban search and rescue teams,
fire service organizations or associations, and State/local agencies
such as a forest service, fire marshal, hospitals, and training
offices.
Firefighter see the definition of Active Firefighter in this
section.
First-due response area is a geographical area in proximity to a
fire or rescue facility and normally served by the personnel and
apparatus from that facility in the event of a fire or other emergency.
Formally recognized arrangement is an agreement between the fire
department and a local jurisdiction such that the jurisdiction has
publicly or otherwise formally deemed that the fire department has the
first-due response responsibilities within a fixed geographical area of
the jurisdiction. Often this agreement is recognized or reported to the
appropriate State entity with cognizance over fire departments, such as
registration with the State Fire Marshal's office, or the agreement is
specifically contained in the fire department's or jurisdiction's
charter.
Integrated communication systems and devices are equipment or
systems for dispatch centers or communication infrastructure. Examples
of these include 911 systems, computer-aided dispatch systems, global
positioning systems, fixed repeaters, etc. Towers are an integral part
of any communication system, but they are not eligible to be included
in any award under this program.
New mission is a first-responder function that a department has
never delivered in the past or that was once delivered but has since
been abandoned by the department due to the lack of funding or
community support. Examples include technical search and rescue,
emergency medical services, hazardous materials response, etc. A new
mission does not include services already provided from existing
facilities. Opening additional stations to provide similar services
would be considered an expansion of existing services.
Population means permanent residents in the first-due response area
or jurisdiction served by the applicant. It would include students but
does not include seasonal population or any population in area that the
fire department responds to under mutual/automatic aid agreements.
Prop is something that can be held up in a classroom or moved from
site to site in order to facilitate or enhance the training experience.
A training tower (pre-fabricated or constructed) is not a prop.
Renovation is changes or alterations or modifications to an
existing structure that do not exceed either $10,000 and/or 50 percent
of the market value of the structure and do not involve a change in the
footprint or profile of the structure.
Rural community is a community that has low population density,
zoned agricultural or parkland, and whose fire department has a
relatively low volume of fire calls.
State means any of the fifty States, the District of Columbia,
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Suburban community is a community that has a medium density
population with a portion of their jurisdiction being zoned for
industrial and/or commercial uses, and whose fire department has a high
call volume relative to a rural community.
Supplies means any expendable property that typically has a one-
time use limit and an expectation of being replaced within one year.
The United States Fire Administrator's (USFA) operational and
performance objectives are to reduce losses of life and reduce economic
losses due to fire and related emergencies. Specific target groups are
children under 14 years old, seniors over 65 years old, and
firefighters.
Urban community is a community with a high density population with
a major proportion of its jurisdiction zoned for commercial and/or
industrial use and a significant call volume.
Vehicle is a mechanized device used for carrying passengers, goods,
or equipment. Examples of vehicles include, but are not limited to:
pumpers, brush trucks, tankers, tenders, attack pumpers, rescue
(transport and non-transport), ambulances, foam units, quints, aerials,
ladders, hazmat vehicles, squads, crash rescue (ARFF), boats,
hovercraft, planes, and helicopters. Details concerning vehicle
eligibility will be provided in the NOFA that will be published
pursuant to this program's annual appropriation.
Volunteer department is a fire suppression agency or organization
in which no active firefighters are considered full-time employees, and
which no members receive financial compensation for their services
rendered on behalf of the department other than life/health insurance,
workers' compensation insurance, length of service awards, pay per-call
or per-hour, or similar token compensation.
Watercraft is a small boat (less than 13 feet in length) or other
watercraft designed and equipped for water and/or ice rescue, rather
than basic firefighting operations. Generally, these vessels will be
equipped with water rescue equipment, flotation devices, and other
basic medical and rescue equipment and their primary function will be
rescue activities.
Sec. 152.3 Availability of funds.
(a) Fire departments that have received funding under the
Assistance to Firefighter Grant Program in previous years are eligible
to apply for funding in the current year. However, due to our
responsibilities under this program to assure adequate distribution of
awards amongst certain types of departments (career, combination and
volunteer) and certain types of communities (urban, suburban or rural)
as well as a equitable geographic distribution, we reserve the right to
fund or not to fund previous recipients of grants under this program in
order for us to fulfill these responsibilities.
(b) No applicant can receive more than $750,000 in Federal grant
funds under this program in any fiscal year.
(c) No applicant can submit more than one application per fiscal
year. Applicants that submit multiple applications will have each of
their applications deemed ineligible.
(d) The scoring of the applications will determine the distribution
of the funding across the eligible programs. Notwithstanding anything
in this part, no more than twenty-five (25) percent of the funds
appropriated for grants shall be used to assist grant recipients to
purchase firefighting vehicles and not less than five (5) percent of
the funds shall be used for fire prevention programs.
(e) We will not provide assistance under this part for activities
for which another Federal agency has more specific or primary authority
to provide assistance for the same purpose. We may disallow or recoup
amounts that fall within other Federal agency's authority.
Sec. 152.4 Roles and responsibilities.
(a) Applicants must:
(1) Complete the application and certify to the accuracy of all the
information contained therein;
(2) Certify that they are an eligible applicant, i.e., a fire
department, as defined in this part;
(3) Certify that the person submitting the application is duly
authorized to do so, and
(b) Recipients (Grantees) must agree to:
[[Page 12550]]
(1) Share in the costs of the projects funded under this grant
program. Fire departments in areas serving populations over 50,000 must
agree to match the Federal grant funds with an amount of non-Federal
funds equal to thirty (30) percent of the total project cost. Fire
departments serving areas with a population of 50,000 or less will have
to match the Federal grant funds with an amount of non-Federal funds
equal to ten (10) percent of the total project cost. No waivers of this
requirement will be granted except for fire departments of Insular
Areas as provided for in 48 U.S.C. 1469a.
(2) Maintain operating expenditures during the grant's period of
performance in the areas funded by a grant at a level equal to or
greater than the average of their operating expenditures in the two
years preceding the year in which this assistance is received.
(3) Obtain the appropriate Federal, State, or local permits
necessary to fulfill the grant's scope of work including historical
and/or environmental clearances as required.
(4) Retain grant files and supporting documentation for three years
after the official closeout of the grant.
(5) Report to FEMA on the progress made on the grant and financial
status of the grant. The award documents will detail the specific
period of performance for each grantee and provide instructions on the
frequency and timing of the required performance reports.
(6) Maintain documentation to support the expenditure of grant
funds as well as pertinent grant decisions.
(7) Make their grant files and other books and records related to
the grant, available if requested for an audit to ensure compliance
with any requirement of the grant program.
(8) Agree to provide information to the U.S. Fire Administration's
National Fire Incident Reporting System (NFIRS) for the period covered
by the grant. If a grantee does not currently participate in the
incident reporting system and does not have the capacity to report at
the time of the award, that grantee must agree to provide information
to the system for a twelve-month period commencing as soon as they
develop the capacity to report. Capacity to report to the NFIRS must be
established prior to the termination of the one-year performance
period. [NFIRS is under review for approval by the Office of Management
and Budget under OMB control number 3067-0161.]
(c) FEMA activities:
(1) We will ensure that the funds are awarded based on the
priorities and expected benefits articulated in the statute, this part,
USFA's strategic plan, and the Notice of Funds Availability.
(2) We will ensure that not more than twenty-five (25) percent of
the appropriated funding will be used to purchase firefighting
vehicles.
(3) We will ensure that not less than five (5) percent of the funds
are made available to national, State, local, or community
organizations, including fire departments, for the purpose of carrying
out fire prevention programs.
(4) We will ensure that fire departments with volunteer staff, or
staff comprised of a combination of career fire fighters and
volunteers, receive a proportion of the total grant funding that is not
less than the proportion of the United States population that those
firefighting departments protect.
(5) We will ensure that grants are made to fire departments located
in urban, suburban, and rural communities.
(6) We will strive to ensure geographic diversity of awards as
stipulated in Sec. 152.6.
(7) We will strive to ensure that activities funded under this
grant program are consistent with the programs goals and intent, and
generally in the government's best interest.
(8) We will provide the chief executives of the States with
information concerning the total number and dollar amount of awards
made to fire departments in their States; the program areas and
activities supported by these grants; and other information about
specific awards when generated and available.
Sec. 152.5 Review process and evaluation criteria.
(a) Every application will be evaluated based on the answers to the
activity-specific questions during our initial screening. The
applications that are determined to best address the Assistance to
Firefighters Grant Program's established priorities during this initial
screening will be in the ``competitive range'' and subject to a second
level of review. We will use the narratives/supplemental information
provided by the applicants in their grant applications to evaluate, on
a competitive basis, the merits and benefits of each request for
funding. In selecting applications for award, we will evaluate each
application for assistance independently based on established
eligibility criteria and the program priorities. Eligible applicants
that best address the priorities will advance to a second level of
review. The second level of review involves an assessment of the
financial needs of the applicant, and an analysis of the benefits that
would result from the grant award.
(b) In order to be successful at this second level of the
evaluation, an applicant must complete the narrative section of the
application package. The narrative should include a detailed
description of the planned program, uses for the grant funds including
details of each budget line item. For example, if personnel costs are
included in the budget, please provide a break down of what those costs
are for. The narrative should explain why the grant funds are needed
and why the department has not been able to obtain funding for the
planned activities on its own. A discussion of financial need should
include a discussion of any Federal funding received for similar
activities. Finally, the applicant's narrative should detail the
benefits the department or community will realize as a result of the
grant award.
(c) This second level of review will be conducted using a panel of
technical evaluation panelists. These panelists are largely made up of
non-Federal experts with a fire service background. The panelists will
assess the application's merits with respect to the clarity and detail
provided in the narrative about the project, the applicant's financial
need, and the project's purported benefit to be derived from the cost.
Technical evaluation panelists will independently score each
application before them and then discuss the merits/shortcomings of the
application in an effort to reconcile any major discrepancies. A
consensus on the score is not required. The highest scoring
applications resulting from this second level of review will then be
considered for award. We seek to maximize the benefits derived from the
funding by crediting applicants with the greatest financial need and
whose proposed activities provide the greatest benefit versus the cost.
(d) In addition to the project narrative, the applicant must
provide an itemized budget detailing the use of the grant funds. If an
applicant is seeking funds in more than one eligible activity within a
program, separate budgets will have to be generated for each activity
and then an overall or summary budget will have to be generated. For
those applicants applying on line, the summary budget will be
automatically generated by the e-grants system.
(e) Specific rating criteria for each of the eligible programs will
be published in a Notice of Funding Availability that we will publish
pursuant to the program's annual appropriation.
[[Page 12551]]
Sec. 152.6 Application review and award process.
(a) As stated in Sec. 152.5, we will evaluate each application in
the preliminary screening process to determine which applications best
address the program's established priorities. The best applications as
determined in this preliminary step will be deemed to be in the
``competitive range.'' All applications in the competitive range will
advance to a second level review by a technical evaluation panel. Using
the evaluation criteria detailed in the Program Guidance and in the
NOFA (both of which are published pursuant to this program's annual
appropriation), the panelists will score each application they
evaluate. The assigned score will reflect the degree to which the
applicant: clearly relates their proposed project; demonstrates
financial need; and, details a high benefit to cost value of the
proposed activities. We will provide the panelists the complete
application content for their evaluation. We will also provide them
with reference materials for national standards or regulations and
guidelines with respect to typical costs for proposed apparatus and
equipment purchases.
(b) Our award decisions will be based on the stated priorities of
the grant program first, then on the demonstrated need of the applicant
and the benefits to be derived from the proposed projects. We will make
awards on a competitive basis, i.e., we will fund the highest scored
applications before considering lower scored applications.
(c) In a few cases, to fulfill our obligations under the law to
make grants to a variety of departments, we may also make funding
decisions using rank order as the preliminary basis, and then analyze
the type of fire department (paid, volunteer, or combination fire
departments), the size and character of the community it serves (urban,
suburban, or rural), and/or the geographic location of the fire
department. In these instances where we are making decisions based on
geographic location, we will use States as the basic geographic unit.
We may also base our funding decisions on previous grant awards funded
by this program and/or grantees' performance on previous grants and a
technical evaluation of reasonable costs for labor, services, materials
or equipment.
Sec. 152.7 Grant payment, reporting and other requirements.
(a) Grantees will have twelve months to incur obligations and
complete the scope of work to fulfill their responsibilities under this
grant program. The performance period of each grant will be detailed in
the Articles of Agreement that we provide each grantee. Grantees may
request funds from FEMA as reimbursement for expenditures made under
the grant program or they may request funds for immediate cash needs
under FEMA regulations (44 CFR 13.21). Advances of funds may also be
approved to meet immediate cash needs.
(b) Generally, fire departments cannot use grant funds to pay for
products and services contracted for, or purchased prior to the
effective date of the grant. However, we will consider requests for
reimbursement for these on an exception basis. Expenses incurred after
the application deadline but prior to award may be eligible for
reimbursement if the expenses were justified, unavoidable (i.e., urgent
and compelling), consistent with the scope of work, and specifically
approved by the Assistance Officer. Expenses, obligations, commitments
or contracts incurred or entered into prior to the application deadline
are not eligible to be included as an expense.
(c) All grantees must follow their own established procurement
process when buying anything with Federal grant funds (as provided in
44 CFR 13.26). If the grantee does not have an established procurement
process, they must seek a minimum of two bids for any acquisition.
(d) When requesting funding, grantees can only request an amount
that is necessary to satisfy their immediate cash needs directly
related to the grant, i.e., an amount equal to the total eligible grant
expenses due within 30 days. Grantees can request payments of up to one
hundred (100) percent of the federal share of the award amount but only
if delivery of the ordered products and/or services is imminent
(approximately 30 days) and the resulting payment will require the
entire amount of funds.
(e) A grantee may request sufficient funding for a down payment if
required to do so by the seller, such as in grants involving some
purchases of firefighting vehicles. The grantee may request as much as
fifty (50) percent of the federal share of the award amount at the time
of the order placement to pay the down payment. The grantee may request
the balance of the federal share upon delivery of the ordered equipment
or vehicle.
(f) The recipients of funding under this program must report to us
on how the grant funding was used and the benefits that resulted. This
will be accomplished via submission of performance reports. Details
regarding the reporting requirements will be provided in the Articles
of Agreement provided to each grantee.
(g) Fire departments that receive funding under this program must
agree to provide information to the National Fire Incident Reporting
System (NFIRS) for the period covered by the assistance. If a grantee
does not currently participate in the incident reporting system and
does not have the capacity to report at the time of the award, that
grantee must agree to provide information to the system for a twelve-
month period commencing as soon as possible after they develop the
capacity to report. Capacity to report to the NFIRS must be established
prior to the termination of the one-year performance period. [NFIRS is
under review for approval by the Office of Management and Budget under
OMB control number 3067-0161.]
Sec. 152.8 Application submission and deadline.
In each year that this program is authorized and receives an
appropriation, we will announce the grants availability via Notice of
Funds Availability. That Notice will contain all pertinent information
concerning the eligible funding activities, funding priorities, funding
levels, application period, timelines, and deadlines.
Sec. 152.9 Reconsideration.
(a) Reconsideration of initial grant award decisions. We will
review our decision with respect to an initial grant award decision
only when the applicant asserts that we have made a material technical
or procedural error in the processing of the application and can
substantiate such assertions. As grants are awarded on a competitive
basis, in accordance with the findings of an independent panel of
experts, we cannot consider requests for reconsideration based upon the
merits of an original application. Similarly, we will not consider new
information provided after the submission of the original application.
In the case of new information, we encourage applicants to incorporate
their changed circumstances into their applications for future grant
cycles.
(b) Reconsideration of other decisions. We will consider requests
for reconsideration of decisions other than those related to the
initial grant award on their merits.
(c) We must receive a request for reconsideration under this
section within 60 days of the date of the notice of the decision for
which reconsideration is requested.
[[Page 12552]]
(d) Requests for reconsideration should be directed to: Director,
Grants Program Office, U.S. Fire Administration, FEMA, 500 C Street,
SW., Room 330, Washington, DC 20472.
Dated: March 7, 2003.
Michael D. Brown,
Acting Under Secretary, Emergency Preparedness and Response
Directorate.
[FR Doc. 03-6171 Filed 3-13-03; 8:45 am]
BILLING CODE 6718-08-P