Assistance to Firefighters Grant Program

Federal RegisterFeb 27, 2002

Ask Donna

What actually matters in this document.

Text

Part VI

Federal Emergency Management Agency

-----------------------------------------------------------------------

44 CFR Part 152

Assistance to Firefighters Grant Program; Final Rule

Federal Register / Vol. 67, No. 39 / Wednesday, February 27, 2002 /

Rules and Regulations

[[Page 9142]]

-----------------------------------------------------------------------

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 152

RIN 3067-AD21

Assistance to Firefighters Grant Program

AGENCY: U.S. Fire Administration (USFA), Federal Emergency Management

Agency (FEMA).

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: We, FEMA, are publishing this interim final rule to provide

new 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. The grants will be

awarded on a competitive basis to the applicants that address the

program's priorities, demonstrate financial need, and maximize the

benefit to be derived from the grant funds.

DATES: This interim final rule is effective February 27, 2002. We

invite comments on this interim final rule, which we should receive by

April 29, 2002.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office

of the General Counsel, Federal Emergency Management Agency, room 840,

500 C Street, SW., Washington, DC 20472. Comments may also be

transmitted via fax to (202) 646-4536 or email to [email protected].

FOR FURTHER INFORMATION CONTACT: Brian Cowan, Director, Grants Program

Office, U.S. Fire Administration, Federal Emergency Management Agency,

room 304, 500 C Street, SW., Washington, DC 20472, or call 1-866-274-

0960, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This interim final rule provides guidance on

the administration of grants made under the Federal Fire Protection and

Control Act of 1974 (15 U.S.C. 2201 et seq.), as amended by the Floyd

D. Spence National Defense Authorization Act for Fiscal Year 2002,

Public Law 107-73. In fiscal year 2002, Congress appropriated a total

of $360,000,000 to carry out the activities of this Assistance to

Firefighters Grant Program. We have until September 30, 2002, to

obligate $150,000,000 of the total and we must obligate the

$210,000,000 balance by September 30, 2003.

The purpose of the program is to award 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.

We will award the grants on a competitive basis to the applicants

that (1) address the program's priorities, and (2) demonstrate

financial need and adequately demonstrate the benefit to be derived

from their projects. 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. 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.

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, fire prevention

and/or rescue services to a population 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.

Fire departments, which are Federal, or contracted by the Federal

government and who are solely responsible under their formally

recognized arrangement for 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 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.

Congress included in the legislation a list of fourteen activities

eligible for funding under this program. In the first year of the

program, because of the limited amount of time to establish the new

program, we elected to limit the number of eligible activities to six

(Training, Wellness and Fitness, Firefighting Equipment, Personal

Protective Equipment, Firefighting Vehicles, and Fire Prevention

Programs) for fiscal year 2001. After the completion of awards in

fiscal 2001, we recognized that there remains an overwhelming need in

these six areas. Congress also recognized this need in the conference

committee report on FY 2002 appropriations bill for Veterans Affairs,

Housing and Urban Development and Independent Agencies (signed into law

as Pub. L. 107-73). Specifically, Congress encouraged us to also

consider making grants in the area of emergency medical services, but

expansion into other categories should be considered only after

substantial progress has been made in addressing the needs associated

with the original six activities. As such, we will limit the eligible

activities to those funded last year (i.e., Training, Wellness and

Fitness, Firefighting Equipment, Personal Protective Equipment,

Firefighting Vehicles, and Fire Prevention Programs) but expand the

eligible activities for fiscal year 2002 to include one new activity,

fire department based Emergency Medical Services.

While the 2002 program largely parallels last year's program, we

are instituting a programmatic approach to project formulation under

the grant program this year in order to create a more responsive and

flexible grant program that addresses a broader range of fire

department needs. Applicants may apply for a number of activities

within one grant proposal that address all of their needs within a

programmatic or functional area. The programs, and associated

activities, eligible for this year's grant program are as follows:

(a) Fire Operations and Firefighter Safety Program. Eligible

activities under this function are Training, Wellness and Fitness,

Firefighting Equipment, and Personal Protective Equipment.

(b) Fire Prevention Program. Eligible activities under this

function include, but are not limited to Public Education and

Awareness, Enforce Fire Codes, Inspector Certification, Purchase and

Install Smoke Alarms, and Arson Prevention and Detection.

this function are Equipment and Training. Vehicles are not eligible in

this programmatic area.

(d) Firefighting Vehicle Acquisition Program. Eligible apparatus

under this program include, but are not limited to, pumpers, brush

trucks, tankers, rescue, ambulances, quints, aerials, foam units, and

boats.

[[Page 9143]]

Applicants seeking funding from this grant program in fiscal year

2002 may apply for assistance in only one of the four programmatic

areas listed above. Within the programmatic areas, applicants may

develop a comprehensive program that addresses their needs by applying

for as many of the eligible activities as necessary within the areas

listed. For example, if a fire department determines that it has needs

in the area of fire operations, that fire department could apply for

any one of the activities, or any combination of activities, or all of

the activities listed within that program. But if a department wants a

vehicle, it would have to apply under the vehicle program.

Eligible applicants will apply for this program on-line via FEMA's

new electronic (e-grant) application process. (While we encourage all

applicants to apply on-line, we will again be accepting paper

applications. Details about how to submit a paper application can be

found later in this section of the interim final rule or on the U.S.

Fire Administration's website: www.usfa.fema.gov). The e-grant

application consists of electronic versions of FEMA's grant forms. The

application will also have some questions that are designed to provide

general, generic information about the applicant. Then, the application

will also have activity-specific questions for each activity that the

applicant plans to implement with the grant funds. Included with the

activity-specific questions, the applicants will be asked to provide

details concerning the various budget items necessary to accomplish

their proposed projects. The last piece of the application is the

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.

We anticipate 20,000 to 25,000 fire departments will apply for

assistance in this second year of the grant program. Out of the 20,000

to 25,000 applicants, we anticipate awarding approximately 4,000

grants. However, due to the length of time that it will take us to make

these awards, we anticipate that approximately half of these awards

will be made before September 30, 2002. The balance of the awards will

have to be made before September 30, 2003.

In selecting applications for award, we will evaluate each

application for assistance independently based on established applicant

eligibility criteria, program priorities, the financial needs of the

applicant, and an analysis of the benefits that would result from the

grant award. In the initial screening of the applications, 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

or 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 purported 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. We will provide

equal consideration to all applications in each evaluation phase,

regardless of the program applied for and regardless of complexity of

the proposal.

In order to fulfill our obligations under the law, after making

funding decisions using rank order as a preliminary basis, we must

ensure that grants are made to a variety of fire departments. The law

requires a specific 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. According to a 2000 survey

by the National Fire Protection Association, volunteer and combination

departments protect 55 percent of the population of the United States

and career departments protect 45 percent of the population. Therefore,

the target distribution of funds is 45 percent for career departments

and 55 percent for volunteer/combination departments.

We also will ensure variety in terms of the size and character of

the community it serves (urban, suburban, or rural), and 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. Geographic location of an applicant will be used

primarily as a final discriminator. In cases where applicants have

similar qualifications, we may use the geographic location of the

applicants to maximize the diversity of the awardees.

For this year's grant program, we will issue the Request for

Application (RFA) packages on or about March 1, 2002. The application

will be available on FEMA's newly created 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 April 1, 2002. Applications submitted by mail must be post-

marked by March 25, 2002, or received by us on or before close of

business (5 p.m. EST) on April 1, 2002. We will not accept late

applications.

The automated grant application system has features built into it

that will guarantee that the application is complete when submitted. We

will not accept incomplete applications submitted by mail.

Eligible applicants can access an electronic version of the

application form at the FEMA/USFA website (www.usfa.fema.gov). If an

applicant does not have access over the Internet to the FEMA/USFA

websites, the applicant may contact us directly to request a copy via

mail. Although we do not recommend it due to inherent delays and

relatively short application period, 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 [email protected]. Applicants not using the

automated e-grant system should complete and submit their applications

to us at USFA Grant Program Technical Assistance Center, 16825 South

Seton Avenue, Emmitsburg, Maryland, 21727-8998. Faxed applications will

not be considered.

For last year's program, we solicited comments on both the

collection and on the rule. We received no comments on the collection,

but we received twelve (12) comments on the rule. Four comments were

specific to the eligibility of certain items of expense and two were

specific to the eligibility of certain types of applicants. All

concerns over

[[Page 9144]]

eligibility have been addressed via clearer guidance and definitions in

this year's rule. One of the eligibility comments dealt with our

perceived policy not to fund quints or aerials. The rule indicated that

we would not afford a positive competitive standing for ladder or

aerials apparatus. We believe this comment was prompted by the author's

belief that these types of apparatus were not eligible, but in fact

they were competitive, but not as competitive as some other types of

apparatus due to their cost. This position will carry into the second

year of the program but it is better explained in this year's guidance.

Two comments were concerned about cost-share and funding levels,

respectively, and these comments have been addressed by clearer

guidance in this year's rule.

One comment concerned the perception that providing a preference to

fire departments without equipment over fire departments with obsolete

equipment gives an advantage to new, start-up departments over other

needy departments. While this point is true, we believe there are many

departments in existence that are fighting fires without basic

equipment, therefore, we did not change this policy.

Lastly, we had a comment on direct-delivery training. Specifically,

the comment concerned the fact that weekend and evening training is not

easily achieved via direct delivery because the trainers from the State

training office typically work Monday through Friday during workday

hours. The comment went further to state that most fire departments

have training officers that need materials and equipment to deliver the

training. Our response to this comment is that providing a training

officer the necessary resources to deliver training for his department

(and neighboring departments) is precisely the applicant that we wish

to fund.

In addition to the grants available to fire departments in fiscal

year 2002, we may also use up to $10,000,000 of the funds available

under the Assistance to Firefighter Grant Program in order for us 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 to Fire

Prevention 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 unfortunate 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, and primarily those affecting children.

We invite letters of interest from States, U.S. Territories or

national, tribal, local and community organizations that wish to be

considered for the funding of fire prevention programs in this and

future years, pending authorization and appropriation. Letters of

interest should describe in general terms the content and context of

proposed activities. The letters of interest should be received at the

mailing address noted below no later than April 30, 2002.

Please submit letters of interest to: Brian Cowan, Assistance to

Firefighters Grant Program, USFA/FEMA, room 304, Federal Center Plaza,

500 C Street SW., Washington DC 20472, Attention: Special Prevention

Grants.

Administrative Procedure Act Determination

We are publishing this interim final rule without opportunity for

prior public comment under the Administrative Procedures Act (APA), 5

U.S.C. 553. In accordance with 5 U.S.C. 553(d)(3), we find that there

is good cause for the interim final rule to take effect immediately

upon publication in the Federal Register in order to comply with Public

L. 106-398, which requires us to award the grants no later than

September 30, 2002. We invite comments from the public on this interim

final rule. Please send comments to FEMA in writing on or before April

29, 2002. After we have reviewed and evaluated the comments we will

publish a final rule as required by the APA.

National Environmental Policy Act

This rule is excluded from the preparation of an environmental

assessment or environmental impact statement under 44 CFR

10.8(d)(2)(i), (ii), (iii), (v), and (vi).

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 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 interim final rule will have a

disproportionately high and adverse human health and environmental

effect on any segment of the population. In addition, the interim final

rule does not impose substantial direct compliance costs on those

communities. Accordingly, the requirements of Executive Order 12898 do

not apply to this interim final rule.

E.O. 12866, Regulatory Planning and Review

OMB has determined that this rule is a significant regulatory

action under Executive Order 12866, 58 FR 51735, October 4, 1993. A

significant regulatory action is subject to OMB review 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 proposed rule sets out our administrative procedures for

making grants under the Assistance to Firefighter Grant Program. We

expect to award approximately $345,000,000 in grants under this program

in this second year. With cost sharing, we expect the total value of

all grants to be in the $395,000,000 to $400,000,000 range. Therefore,

we conclude this rule is a significant action. Therefore, OMB has

determined that this rule is a ``significant regulatory action'' under

the terms of Executive Order 12866. In

[[Page 9145]]

light of this finding, we set forth the following regulatory impact

analysis.

The proposed 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. As mandated by section 1701(b) of Public Law

106-398, we are conducing a study with National Fire Protection

Association to determine the effectiveness of this program in

responding needs of the fire service. That study is scheduled to be

competed this year. As required, we will submit that report to

Congress; it will also be available to the general public. Although we

do not currently have 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 affect

on the safety of the communities served by the recipient fire

departments, as well as on the safety of the firefighters themselves.

Congress included in the legislation a list of fourteen activities

eligible for funding under this program. We could have chosen to fund

all fourteen activities. However, in the first year of the program,

Fiscal Year 2001, because of the limited amount of time to establish

the new program, we elected to limit the number of eligible activities

to six (Training, Wellness and Fitness, Firefighting Equipment,

Personal Protective Equipment, Firefighting Vehicles, and Fire

Prevention Programs). FEMA and nine fire service organizations

identified these activities as those that would be most beneficial to

the public given the cost constraints of the program. After the

awarding of the 2001 grants, we found that there remained an

overwhelming need in these six activities. Therefore, we have decided

to limit the program to these six activities and one new activity, fire

department based Emergency Medical Services, which has also been

identified as a program with overwhelming need.

The Office of Management and Budget has reviewed the interim final

rule under Executive Order 12866.

Paperwork Reduction Act

Concurrent with the publication of this interim final rule, we are

submitting a request for emergency review and approval of a new

collection of information, which is contained in this interim final

rule. We are seeking emergency approval of the Paperwork Reduction Act

requirements in order to collect supplemental information from each

applicant. Although we have made some changes to the application

process based on the experience of last year, the information

collection is substantially similar to last year. We will use the

supplemental 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 in determining whether

applicants meet basic eligibility requirements.

We submitted this request to the Office of Management and Budget

(OMB) for approval under the emergency processing procedures in OMB

regulations 5 CFR 1320.13, and OMB approved this collection of

information for use through August 31, 2002, under OMB Number 3067-

0285.

We expect to follow this emergency request with a request for OMB

approval to continue the use of this collection of information for a

term of three years. The request will be processed under OMB's normal

clearance procedures in accordance with provisions of OMB regulation 5

CFR 1320.10. To help us with the timely processing of the emergency and

normal clearance submissions to OMB, we invite the general public to

comment on the proposed collection of information. This notice and

request for comments complies with the provisions of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)).

Collection of Information

Title: Assistance to Firefighters Grant Program Grant Application

Supplemental Information.

Type of Information Collection: Revisions of a currently Approved

Collection OMB Number: 3067-0285.

Forms: Forms for the above fire grant program functions may be

developed and made available to grant applicants. FEMA's grant

administration forms are approved under OMB number 3067-0206, which

expires February 29, 2004. The forms are SF 424, Request for Federal

Assistance; FEMA Form 20-10, Financial Status Report; FEMA Form 20-20,

Budget--Non Construction; FEMA Form 20-16, Summary of Assurances; SF-

LLL, Lobbying Disclosure; and SF 270, Request for Advance or

Reimbursement; SF 1199A, Direct Deposit Sign-Up Form and Performance

Reports.

The supplemental information that FEMA is proposing to request is

as follows:

(1) General questions asked of all applicants.

(a) Other than the individual listed on the SF-424, who in your

department could we contact with regards to this grant?

(b) Are you a fire department or an authorized representative of a

fire department?

government and solely responsible under a formally recognized

arrangement for suppression of fires on Federal property?

(d) What kind of fire department are you: (i) Paid/career; (ii)

volunteer; or (iii) combination?

(e) What percentage of your department's firefighting staff is

career?

(f) What is the square mileage of your department's first-due

response area?

(g) What is the permanent resident population of your department's

first-due response area?

(h) Is your department located in an urban, suburban or rural

setting?

(i) How many active firefighters are in the fire and EMS operations

divisions of your department?

(j) How many stations are in your department?

(k) What is your department's average response time within the

department's first-due response area?

(l) What services does your department provide?

(m) What percentage of your annual operating budget is for

personnel?

(n) What percentage of your budget comes from: taxes, State or

Federal grants, donations, and/or fund raising drives?

(o) List the types of firefighting vehicles you have in your fleet

and the year those vehicles were manufactured. If you have more than

two vehicles in any one category (i.e., pumper, tanker, brush), tell us

the total number of vehicles in the category and the year the oldest

and newest vehicle was manufactured.

(p) Over the last three years, what was the average annual number

and type of incidents that your department responds to?

(q) Over the last three years, what was the average annual number

of fire fatalities in your first-due response area?

(r) Over the last three years, what was the average annual number

of times you received mutual/automatic aid?

(s) Over the last three years, what was the average annual number

of times you provided mutual/automatic aid?

(t) Are you willing to comply with the grant program's cost-share

requirement?

(u) Do you currently report to the national fire incident reporting

system NFIRS)?

(v) If no, will you report if you are awarded a grant?

(2) Questions for Applicants Applying for the Fire Operations and

Firefighter Safety Program

[[Page 9146]]

(a) Training Activities:

(i) Is the training planned under this grant direct-delivery

training or off-site training?

(ii) What is the percentage of eligible staff within your

department who will receive this training?

(iii) This training: will fulfill a statutory requirement; will

achieve voluntary compliance with a national standard; or does not have

a statutory basis or trade standard.

(iv) Is this training you are seeking: basic training for

firefighters; officer training (either supervisory or safety officer);

specialized training; or other?

(v) Will this training be used primarily for Rapid Intervention

Teams (RITs)?

(b) Wellness and Fitness Activities

(i) Do you have a wellness/fitness program at your department?

(ii) Do you currently offer, or will this grant program provide,

entry physical examinations?

(iii) Do you currently offer, or will this grant program provide, a

job-related immunization program?

(iv) Including entry-level physicals and immunizations, what does

your existing wellness/fitness program currently offer and what will

your program offer during the grant year (i.e., entry physical

examination, annual physical examination, job related immunization

program, health screening program, formal fitness and injury prevention

program, crisis management program, employee assistance program,

incident rehabilitation program, injury/illness rehabilitation, or

other)?

(v) Will participation in the wellness/fitness program be

mandatory?

(vi) Do you, or will you, offer incentives to participate in the

program?

(i) What types of personal protective equipment do you propose to

acquire?

(ii) How many units?

(iii) What is the cost per unit?

(iv) What percentage of your active firefighting staff has this

specific type of personal protective equipment that meets current NFPA

and OSHA standards?

(v) If you are proposing to purchase PASS devices, what type of

PASS devices?

(vi) Are you seeking this grant to: equip your firefighting staff

for the first time; replace obsolete or sub-standard equipment; or

equip your staff for a new mission?

(vii) Will this training be used primarily for Rapid Intervention

Teams (RITs)?

(d) Firefighting Equipment Acquisition

(i) What types and amounts of equipment will your department

purchase with this grant?

(ii) How much does each piece of proposed equipment cost?

(iii) The equipment purchased under this grant program: is

necessary for basic firefighting capabilities, but has never been owned

by the department; will replace old, obsolete, or substandard equipment

owned by the department; or will expand the capabilities of the

department into a new mission.

(iv) The equipment purchased under this grant program: will bring

the department into statutory compliance; will bring the department

into voluntary compliance with a national standard; or has no statutory

basis or and is not a national standard.

(v) Will the equipment purchase under this grant program benefit

the health and safety of the firefighters and/or the community?

(vi) Will this training be used primarily for Rapid Intervention

Teams (RITs)?

(3) Questions for Applicants Applying for the Fire Prevention

Program

(i) Does your department currently have a fire prevention program/

plan?

(ii) Will the grant: (1) Establish a new program; (2) expand an

existing program into new areas; or (3) augment an existing fire

prevention program?

(iii) In what areas do you plan on using these fire prevention

grant funds: public education programs; purchase and installation of

residential/public detection and suppression systems (that address

USFA-targeted risks, i.e., children under the age of fourteen, seniors

over sixty-five years of age and firefighters); development/enforcement

of codes; public information materials; presentation aids and

equipment; or other?

(iv) Is your program based on specific USFA operational or

performance objectives?

(v) Will this program utilize partnerships with other organizations

or groups in your community?

(vi) Who is your target audience: USFA-identified target (children

under the age of fourteen, seniors over sixty-five years of age and

firefighters), or other high-risk population?

(vii) Will this program be sustained beyond the grant period?

(viii) Will your department periodically evaluate the program's

impact on the community?

(4) Questions for Applicants Applying for the Emergency Medical

Services (EMS) Program

(a) EMS Equipment.

(i) What EMS equipment will your department buy?

(ii) How many units?

(iii) What is the cost per unit?

(iv) Why are you asking for the equipment?

(v) Will this equipment bring you into compliance with State or

Federal standards/regulations?

(vi) What level of patient care is currently provided by your

department and to what level of care will this equipment bring your

department?

(b) EMS Training.

(i) What type of training will you conduct?

(ii) What level of patient care is currently provided by your

department and to what level of proficiency will you be training your

personnel?

(5) Questions for Applicants Applying in the Firefighting Vehicle

Acquisition Program

(a) What type of vehicle will you use the grant money to purchase?

(b) The purpose of this grant is to: (i) Obtain additional vehicle

for fleet, (ii) move an older unit to reserve fleet or retire an old

vehicle, (iii) refurbish an old vehicle, or (iv) purchase a new vehicle

to fulfill a new mission.

purchase does your department own?

(d) What is the newest primary response vehicle in this class that

you own?

(e) What is the oldest response vehicle in this class that you own?

(f) What is the mileage on the primary response vehicle you are

proposing to replace?

(g) What are the average numbers of responses per year for the

primary response vehicle you are proposing to replace?

Project Narrative: Each application must include a narrative

statement not to exceed five pages. The narrative should contain a

detailed description of the proposed project and its budget, a

statement that demonstrates the financial need of the fire department

and a statement that details the benefits to be derived by your

department and/or community from the expenditure of grant funding for

the purposes of competitive evaluation and rating. The section in the

narrative that discusses the applicants financial need should include

information on the extent to which the applicant has been able to

secure financial assistance from any Federal agency for programs or

activities similar to those applied for under this grant program.

Applicants that need assistance in formulating the justification or

narrative statement required by this program may contact us for

technical assistance. We will also place information and

[[Page 9147]]

technical assistance onto the FEMA/USFA websites. Our Technical

Assistance Center's toll free number is 866-274-0960, our email address

is [email protected], and our website addresses are www.fema.gov and

www.usfa.fema.gov.

Abstract: The supplemental information will correspond to the

preliminary evaluation criteria. The information will be submitted by

grant applicants who apply for funding under the Assistance to

Firefighters Grant Program authorized by Congress in fiscal year 2001.

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 consistent with the mandates of

Congress. Additionally, we seek to ensure variety in awarding grants to

urban, suburban, and rural fire departments and, among states.

Estimated Annual Burden Hours: The annual burden hours for this

collection of information range from 335,998 to 421,081 hours with an

average of 378,540 annual burden hours.

----------------------------------------------------------------------------------------------------------------

Grant Applicants:

SF-424 Application Facesheet 20,000 to 25,000.. 0.75 hr. 45 15,000 to 18,750.

minutes.

FEMA Form 20-20 Budget Non- 20,000 to 25,000.. 9.7 hrs. or 9 194,000 to

Construction. hours 42 min. 242,500.

FEMA Form __, Project 20,000 to 25,000.. 2.0 hrs........... 40,000 to 50,000..

Narrative.

FEMA Form 20-16 Summary of 20,000 to 25,000.. 1.7 hrs. 1 hr 42 34,000 to or

Assurances. min. 42,500.

SF-LLL Lobbying Disclosure.. 20,000 to 25,000.. 0.1666 hr. or 10 3,332 to 4,165.

minutes.

Grant Application 20,000 to 25,000.. 1.0 hr............ 20,000 to 25,000.

Supplemental Program

Information--General

Questions for all

Applicants.

Sub-Total

Range............... 20,000 to 25,000.. ................ 306,332 to

382,915.

Avg................. 22,500............ 15.32 hrs......... 344,624........... $5,169,360

Grant Application

Supplemental Program

Information--Specific

Questions (Applicants May

Choose Only One Activity)

Vehicle Acquisition 9,000 to 13,000... 0.5............... 4,500 to 6,500

avg. 5,500.

Firefighting 9,000 to 13,000... 1.0............... 9,000 to 13,000

Operations and Safety. avg. 11,000.

Emergency Medical 2,000 to 4,000.... 0.5............... 1,000 to 2,000

Services. avg. 1,500.

Fire Prevention 1,000 to 2,000.... 0.5............... 500 to 2,000 avg.

Programs. 1,250.

................ .................. 15,000-23,500 avg. $288,750

19,250.

Grantee Collections/Reporting:

Payment Document SF-270..... 4,000 x 2 1.0............... 8,000.

responses.

Direct Deposit Form SF-1199a 4,000............. 0.1666 hr. or 10 666.

minutes.

SF 20-10 Financial Status 4,000............. 1.0............... 4,000.

Report.

Final Performance Report (as 4,000............. 0.5............... 2,000.

required by the Articles of

Agreement).

----------------------------------------------------------------------------------------------------------------

This collection of information uses forms approved by OMB under

FEMA's Grants Administration Program requirements under OMB Number

3067-0206, which expires February 29, 2004.

Estimated Cost to the Respondents: The estimated average cost of

this collection is $5,678,100 ($15.00 per hour x 378,540 hours). This

information collection is a grant application, therefore, the frequency

of response for all forms, except the SF-270, is only once per year.

The SF-270 will average twice per year per grantee and that is factored

into the burden hours.

Comments: We solicit written comments to: (a) Evaluate whether the

proposed data collection is necessary for the proper performance of the

agency, including whether the information will have practical utility;

(b) evaluate the accuracy of the agency's estimate of the burden of the

proposed collection of information; (c) obtain recommendations to

enhance the quality, utility, and clarity of the information to be

collected; and (d) evaluate the extent to which automated, electronic,

mechanical, or other technological collection techniques may further

reduce the respondents' burden. OMB should receive comments by March

29, 2002. FEMA will continue to accept comments through April 29, 2002.

Addressee: Interested persons should submit written comments to the

Desk Officer for the Federal Emergency Management Agency, Office of

Management and Budget, Office of Information and Regulatory Affairs,

725 17th Street, NW, Washington, DC 20503 by March 29, 2002. FEMA will

continue to accept comments through April 29, 2002. Those written

comments on the collection of information, including the burden

estimate, should be sent to Muriel B. Anderson, Chief, Records

Management Section, Program Services and Systems Branch, Facilities

Management and Services Division, Administration and Resources Planning

Directorate, Federal Emergency

[[Page 9148]]

Management Agency, 500 C Street, SW., room 316, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: You may obtain copies of the OMB

paperwork clearance package by contacting Ms. Anderson at (202) 646-

2625 (voice), (202) 646-3524 (facsimile), or by e-mail at

[email protected].

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 interim 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.

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 USC 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. We expect to award approximately $345,000,000

in grants under this program. With cost sharing, we expect the total

value of all grants to be in the $390,000,000 to $400,000,000 range.

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 due to the requirements

of Public Law 107-73, which requires us to award at least $150,000,000

in grants no later than September 30, 2002. (The balance of the

available funding, $210,000,000 will be awarded before September 30,

2003.) In order to comply with this statutory mandate, we need to begin

accepting applications no later than March 1, 2002. We invite comments

from the public on this interim final rule. Accordingly, this final

rule is effective February 27, 2002.

Unfunded Mandates Reform Act

The rule is not an unfunded Federal mandate within the meaning of

the Unfunded Mandates Reform Act of 1995, 2 USC 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

Assistance to Firefighters Grant Program.

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 Technical or procedural error.

Authority: 15 U.S.C. 2201 et seq.; Pub.L. 107-73, 115 Stat. 688.

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 the

department's ability to protect the health and safety of the public, as

well as that of firefighting personnel, facing fire and fire-related

hazards. In order to achieve this stated intent we invite fire

departments to apply for assistance in any one (1) of the four (4)

program areas described in paragraphs (a)(1) through (4) of this

section.

(1) Fire Operations and Firefighter Safety Program. Appropriate

activities under this program area include: Training, Wellness and

Fitness, Firefighting Equipment and Personal Protective Equipment.

Applicants can apply for as many related activities under this function

as necessary.

(i) Training Activities: (A) Training firefighting personnel in

fire-fighting, emergency response, supervision and safety, arson

prevention and detection, handling of hazardous materials, or training

firefighting personnel to provide training in any of these areas.

Eligible uses of training funds include but are not limited to purchase

of training curricula, training equipment and props including trailers,

training services, attendance at formal training forums, etc. Tow

vehicles or other means of transport may be eligible as a

transportation expense if adequately justified in the proposal, but

transportation expenses will be limited to $6,000 per year.

Compensation to volunteer firefighters for wages lost as a result of

attending training under this program is an eligible expense if

justified in the grant proposal. Overtime expenses paid to career

firefighters to attend training, or overtime expenses paid to

firefighters to cover for their colleagues while their colleagues are

in training, is an eligible expense if justified in the grant proposal.

Even though compensation is an eligible expense, proposals that contain

such compensation expenses may be less favorable than similar proposals

without compensation expenses due to the benefit/cost element in the

evaluation process.

(B) Activities that are not eligible in this area include

construction of facilities such as classrooms, buildings, towers, etc.

Modifications to an existing facility are allowable if the

modifications involve only minor renovation as defined herein (i.e.,

limited to minor interior alterations costing less than $10,000).

(ii) Wellness and Fitness Activities:

(A) Establishing and/or equipping wellness and fitness programs for

firefighting personnel, including the procurement of medical services

to ensure that the firefighting personnel are physically able to carry

out their duties (purchase of medical equipment is not eligible under

this activity). Expenses to carry out wellness and fitness activities

that include costs such as personnel (i.e., health-care consultants,

trainers, and nutritionists), physicals, equipment (including

shipping), supplies, and other related

[[Page 9149]]

contract services that are directly associated with the implementation

of the proposed activity are eligible.

(B) Transportation expenses and fitness club memberships for the

firefighters or their families would not be eligible under the wellness

and fitness program. Other activities that are not eligible in this

area include construction of facilities to house a fitness program such

as exercise or fitness rooms, showers, etc. Modifications to an

existing facility are allowable if the modifications involve only

renovations as defined herein (i.e., limited to minor interior

alterations costing less than $10,000).

(iii) Firefighting Equipment Acquisition: (A) Acquiring additional

firefighting equipment, including equipment needed directly for fire

suppression or to enhance the safety or effectiveness of firefighting

or rescue activities. Compressor systems, cascade systems, or similar

SCBA refill systems are eligible expenditures in this area as are

individual communications and accountability systems. The cost of

shipping equipment purchased under this program is also an eligible

expense. Thermal imaging cameras are eligible but the number of cameras

that can be purchased with grant funds will be limited based on the

population served by the department applying for assistance.

Departments that serve communities of less than 20,000 can purchase one

thermal imaging camera with grant funds if awarded a grant; departments

serving communities between 20,000 and 50,000 can purchase for two

cameras with grant funds if awarded a grant; and, departments serving

communities of over 50,000 can purchase three cameras with grant funds

if awarded a grant. Portable radios and/or mobile communications

equipment (including mobile repeaters) are eligible.

(B) Integrated communications systems (or parts thereof), such as

computer-aided dispatch, towers, repeaters, etc., are not eligible

under this activity. Vehicles, as defined herein, are not eligible

under this activity.

(iv) Personal Protective Equipment Acquisition: (A) Acquiring

personal protective equipment required for firefighting personnel as

approved by the Occupational Safety and Health Administration, and

other personal protective equipment for firefighting personnel to

enhance their operational safety. Eligible personal protective

equipment includes clothing such as ``Turnout Gear'' or ``Bunker Gear''

(including boots, pants, coats, gloves, hoods, goggles, vests, and

helmets), self-contained breathing apparatus, spare cylinders, and

personal alert safety systems.

(B) The purchase of three-quarter length rubber boots is an

ineligible expenditure under this activity. Uniforms (formal/parade or

station/duty) or uniform items (hats, badges, etc.) are also not

eligible expenditures under this activity.

(2) Fire Prevention Programs. (i) Applicants can apply for as many

related activities under this function as necessary. Appropriate

activities in this program include: Public Education, Public Awareness,

Enforcing Fire Codes, Inspector Certification, Purchase and Install

Smoke Alarms, and Arson Prevention and Detection Activities. Eligible

expenses to carry out these activities would include costs such as fire

education safety trailer, personnel, transportation, equipment,

supplies, and contracted services which are directly associated with

the implementation of the proposed activity. Tow vehicles or other

means of transport may be eligible as a transportation expense if

adequately justified in the proposal, but transportation expenses will

be limited to $6,000 per year.

(ii) Construction is not eligible under this program. A safety

village that is not transportable would be considered construction, and

therefore, not eligible.

(3) Emergency Medical Services Program. (i) Applicants can apply

for as many related activities under this function as necessary.

Appropriate activities in this program are training (instructional

costs (i.e., books, materials, equipment, supplies, and exam fees),

certification/re-certification expenses, and continuing education

programs) and equipment (defibrillators, basic and advanced life

support equipment, universal precaution supplies (i.e., medical PPE)

mobile and portable communication equipment, computers, expendable

supplies, and infectious disease control and decontamination systems).

Tow vehicles or other means of transport may be eligible as a

transportation expense if adequately justified in the proposal, but

transportation expenses will be limited to $6,000 per year.

(ii) Not eligible in this program are vehicles such as ambulances,

medications and integrated communication systems (or parts thereof),

such as computer aided dispatch, towers, fixed repeaters, etc.

(4) Firefighting Vehicles Program. Eligible apparatus under this

function includes, but is not limited to, pumpers, engines, brush

trucks, tankers, rescue, ambulances, quints, aerials, foam units, and

boats. Applicants may apply for only one vehicle under this program per

year. Eligible expenses under this program would include the cost of

the vehicle and associated equipment necessary to conform to applicable

national standards. Due to their cost, aerials and quints have a lower

benefit than pumpers, engines, tankers, and brush trucks. New, used or

refurbished vehicles are eligible. Custom vehicles are eligible, but

they may not be as favorably evaluated as a lower costing commercial

vehicle. An allowance for transportation to inspect a vehicle under

consideration or during a vehicle's production would be eligible if

included in the grant proposal.

(b) Other Costs. (1) Administrative costs are allowable under any

of the program areas listed in paragraph (a)(1) through (4) of this

section in accordance with OMB Circular A-87. (See 5 CFR 1510.3 for

availability of OMB circulars.) Applicants may apply for administrative

costs if the costs are directly related to the implementation of the

program for which they are applying. Applicants must list their costs

under the ``other'' category in their budget and explain what the costs

are for in their project narrative. Examples of eligible administrative

costs would be shipping, computers, office supplies, etc.

(2) Applicants that have an approved indirect cost rate may charge

indirect costs to the grant if they submit the documentation that

supports the rate to us. We will allow the rate to be applied as long

as it is consistent with its established terms. For example, some

indirect cost rates may not apply to capital procurements; in this

case, indirect cost rates would not apply for a grant to purchase

equipment or a vehicle.

(3) Some applicants with large awards may be required to undergo an

audit in accordance with OMB Circular A-133, specifically, any

recipient of Federal funding that spends in excess of $300,000 of those

funds in a year. The costs incurred for such an audit would be an

expenditure that is eligible for reimbursement if included in the

budget proposal.

(4) The panelists will review the applications that make it into

the competitive range and judge each application on its own merits. The

panelists will consider all expenses budgeted, including administrative

and indirect, as part of the cost-benefit determination.

Sec. 152.2 Definitions.

Active firefighter is a member of a fire department or organization

in good

[[Page 9150]]

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.

Career department is a fire suppression agency or organization in

which all active firefighters are assigned regular duty shifts and

receive financial compensation for their services rendered on behalf of

the department.

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. Changes

that are less than $10,000 and/or 50 percent of the value of the

structure are considered renovations.

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 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, fire prevention and rescue services within a fixed

geographical area.

(1) 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.

(2) 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