[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Rules and Regulations]
[Pages 9142-9154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4388]
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Part VI
Federal Emergency Management Agency
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44 CFR Part 152
Assistance to Firefighters Grant Program; Final Rule
Federal Register / Vol. 67, No. 39 / Wednesday, February 27, 2002 /
Rules and Regulations
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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.
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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.
(c) Emergency Medical Services Program. Eligible activities under
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.
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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
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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
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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?
(c) Are you a Federal fire department or contracted by the Federal
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
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(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?
(c) Personal Protective Equipment Acquisition
(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.
(c) How many vehicles of the type you are proposing to replace or
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
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.
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
as the first responders.
Formally recognized arrangement is an agreement between the fire
department and a local jurisdiction such that the jurisdiction has
publicly deemed that the fire department has the first-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 department 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, towers, fixed repeaters, etc.
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 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 means changes or alterations or modifications to an
existing structure that do not exceed either $10,000 or 50 percent of
the value of the structure and do not involve a change in the footprint
or profile of the structure.
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.
Supplies means any expendable property that typically has a one-
time use limit and an expectation of being replaced within one year.
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, towers, hazmat vehicles, squads, crash rescue (ARFF), boats,
hovercraft, planes, and helicopters.
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.
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. No applicant can receive more
than $750,000 in Federal grant funds under this program in any fiscal
year. The awards made under the Assistance to Firefighter Grant Program
are for one year only. The period of performance will be detailed in
the award documents provided each grantee.
(b) The scoring of the applications will determine the distribution
of the funding among the eligible programs. Notwithstanding anything in
this part, no more than 25 percent of the grant funds shall be used to
assist recipients to purchase firefighting vehicles and not less than 5
percent of all funds appropriated for firefighter assistance shall be
available for fire prevention programs.
(c) 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
[[Page 9151]]
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 the
application;
(2) Certify that they are an eligible applicant, i.e., a fire
department, as defined in this rule;
(3) Certify as to the characteristics of their community, i.e.,
urban, suburban, or rural;
(4) Certify to the size of the population of the community served;
and,
(5) Certify to the type of department, i.e., volunteer/combination
or career.
(b) Recipients (Grantees) must agree to:
(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 30 percent (30%) 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 10 percent (10%) of the total project cost. All cost-share
contributions must be cash. No ``in-kind'' contributions will be
considered for the statutorily required cost-share. 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 in the areas funded by this
grant activity 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) Retain grant files and supporting documentation for three years
after the conclusion of the grant.
(4) Report to FEMA on the progress made on the grant and financial
status of the grant.
(5) Make their grant files, books and records available if
requested for an audit to ensure compliance with any requirement of the
grant program.
(6) Provide information to the U.S. Fire Administration (USFA)
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 they
develop the capacity to report.
(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
152, and USFA's strategic plan. USFA's operational and performance
objectives of its strategic plan 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.
(2) We will ensure that not more than twenty-five percent (25%) of
the appropriated funding will be used to purchase firefighting
vehicles.
(3) We will ensure that not less than five percent (5%) of the
appropriated 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.
Sec. 152.5 Review process and evaluation criteria.
(a) 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,
the program priorities, the financial needs of the applicant, and an
analysis of the benefits that would result from the grant award. 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.
(b)(1) In order to be successful at this 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 activities and 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 will detail the benefits the
department or community will realize as a result of the grant award.
(2) Applicants may seek assistance in formulating their cost-
benefit statement or any other justification required by the
application by contacting our Grant Program Technical Assistance Center
at 866-274-0960 or by email at [email protected]. We will also place
information to assist you in the development of a competitive grant
application on the FEMA/USFA websites.
(c) This second level of review will be conducted using a panel of
technical evaluation panelists that 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. The 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 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.
(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 would have to be generated. For
those applicants applying on line, the summary budget will be
automatically generated by the e-grant system.
(e) Specific rating criteria for each of the eligible programs
follow in paragraphs (e)(1) through (4) of this section. These rating
criteria will provide an understanding of the grant
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program's priorities and the expected cost effectiveness of any
proposed projects.
(1) Fire Operations and Firefighter Safety Program.
(i) Training Activities. We believe that more benefit is derived
from the direct delivery of training than from the purchase of training
materials, equipment or props. Therefore, applications focused on
direct delivery of training will receive a higher competitive rating.
We also believe that funding of basic firefighting training to an
operational level (i.e., training in basic firefighting duties or
operating fire apparatus) has greater cost-benefit than funding of
officer training. Likewise, we feel there is a greater cost-benefit to
officer training than for other specialized training. Train-the-trainer
activities are rated high due to the obvious return on investment. We
will also accord higher rating to programs achieving benefits from
statutorily required training over non-mandatory or strictly voluntary
training. Finally, we will rate more highly those programs that benefit
the highest percentage of targeted personnel within a fire department.
Training designated for Rapid Intervention Teams will have a slightly
higher competitive advantage.
(ii) Wellness and Fitness Activities. We believe that in order to
have an effective wellness/fitness program, fire departments must offer
both an entry physical examination and an immunization program.
Accordingly, applicants in this category must currently offer both
benefits, or must propose to initiate both a physical examination and
an immunization program with these grant funds in order to receive
additional consideration for funding this activity. We believe the
greatest benefit will be realized by supporting new wellness and
fitness programs, and therefore, we will accord higher competitive
ratings to those applicants lacking wellness/fitness programs over
those applicants that already possess a wellness/fitness program. We
believe that programs with annual physicals and general health
screening provide high benefits and programs with incident
rehabilitation, formal fitness regiments, and/or injury prevention
components offer significant benefits. Finally, since participation is
critical to achieving any benefits from a wellness or fitness program,
we will give higher competitive rating to departments whose wellness
and fitness programs mandate participation as well as programs that
provide incentives for participation.
(iii) Firefighting Equipment Acquisition. We believe that this
grant program will achieve the greatest benefits if we provide funds to
fire departments purchasing basic firefighting equipment. We will
afford departments buying basic firefighting equipment for the first
time (equipment never owned before) a higher competitive rating than
departments buying replacement equipment or equipment that will be used
to expand the department's capabilities into new mission areas. We
believe there is more benefit realized to bring a department up to the
applicable minimum standard (i.e., as required by statute, regulation,
or professional firefighting guidance), rather than to the department
that is replacing equipment or enhancing capabilities. Because of the
obvious benefits, we will also give higher competitive rating to
departments that are mainly purchasing equipment designed to protect
the safety of the firefighters. Equipment designated for Rapid
Intervention Teams will have a slightly higher competitive advantage.
(iv) Personal Protective Equipment Acquisition. One of the stated
purposes of this grant program is to protect the health and safety of
firefighters. In order to achieve this goal and maximize the benefit to
the firefighting community, we believe that we must fund those
applicants needing to provide personal protective equipment (PPE) to a
high percentage of their personnel. Accordingly, we will give a high
competitive rating in this category to fire departments in which a
large percentage of their active firefighting staff do not have any
personal protective equipment and to departments that wish to purchase
enough PPE to equip one hundred percent (100%) of their active
firefighting staff. The goal is to provide all active firefighters with
a complete set of equipment, breathing apparatus as well as turnout
gear. We will also give a higher competitive rating to departments that
are purchasing the equipment for the first time as opposed to
departments replacing obsolete or substandard equipment (e.g.,
equipment that does not meet current National Fire Protection
Association (NFPA) and Occupational Safety and Health Administration
(OSHA) standards), or purchasing equipment for a new mission.
Departments that are replacing used gear that is very old, will be
afforded a higher competitive rating than a department whose gear is
relatively new. We will provide a higher competitive rating to
departments requesting integrated Personal Accountability Safety System
(PASS) devices than to those departments that are requesting non-
integrated PASS devices. We also believe it is more cost beneficial to
fund departments that have a high volume of responses per year before
funding less active departments. Equipment designated for Rapid
Intervention Teams will have a slightly higher competitive advantage.
(2) Fire Prevention Program. We believe that the public as a whole
will receive the greatest benefit by creating new fire prevention
programs.
(i) Our priority is to target these funds to fire departments that
do not have an existing fire prevention program as opposed to those
departments that already have such a program. Also, we believe the
public will benefit greatly from establishing fire prevention programs
that will continue beyond the grant year as opposed to limited efforts.
Therefore, we will give a higher competitive rating to programs that
will be self-sustaining after the grant period.
(ii) Because of the benefits to be attained, we will give a higher
competitive rating to programs that target one or more of USFA's
identified high-risk populations (i.e., children under fourteen years
of age, seniors over sixty-five and firefighters), and programs whose
impact is/will be periodically evaluated.
(iii) We believe that public education programs, programs that
develop and enforce fire codes and standards, and arson prevention and
detection programs have a high benefit, therefore, they will receive
the highest competitive rating.
(iv) We also believe programs that purchase and install residential
and public detection and suppression systems provide significant
benefits.
(v) Programs that are limited to the purchase of public information
materials and presentation aids and equipment achieve the least
benefit, therefore, these types of activities will receive a lower
competitive rating.
(3) Emergency Medical Services Program. Our overall objective in
this program is to elevate all emergency medical services to an
intermediate life-support level (i.e., EMT-D or EMT-I).
(i) We believe that enhancing or expanding an existing service that
currently meets basic life-support to an intermediate life-support
system would realize the most benefit. We will give a higher
competitive rating to fire departments that are planning on acquiring
an intermediate life-support system than to those that wish to reach a
basic life-support level.
(ii) We also believe that it is more cost effective to expand an
existing service than it would be to create a new service. Therefore,
we will give a higher competitive rating for fire departments
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that are enhancing their existing service over those that do not have
an emergency medical service.
(iii) While we support CPR and first-responder level training, we
will afford a lower priority to train firefighters in basic emergency
medical technology (EMT-B) certification levels. We do not believe that
it is our mission to create emergency medical services in areas where
the local authorities have not yet committed to providing such
services.
(4) Firefighting Vehicle Program. (i) We believe that more benefit
will be realized by funding fire departments that own few or no
firefighting apparatus than by providing funding to a department with
numerous vehicles. Therefore, we will give a higher competitive rating
in the apparatus category to fire departments that own few or no
firefighting vehicles. We will also give higher competitive rating to
departments that have not recently purchased a new firefighting
vehicle, and departments that wish to replace an old, high-mileage
vehicle or a vehicle that has sustained a high number of responses.
(ii) Because of the significant cost of certain types of apparatus
and the limited amount of funding available in this program, we do not
believe that it would be cost effective to fund vehicles with ladder or
aerial apparatus. Therefore, we will lower the competitive rating of
applications proposing such purchases.
(iii) Vehicles that are for basic firefighting operations (i.e.,
pumpers, tankers, and brush trucks) are considered to have higher
benefits than vehicles that have limited or specialized uses.
(iv) We believe that more benefit will accrue to a community that
needs a new vehicle (i.e., the initial purchase of a new or used
vehicle) than for communities that need to replace a vehicle that does
not conform to applicable standards. Replacing a vehicle has more
benefit than purchasing a vehicle to expand the operational capacity of
a department into a new mission area.
(v) While no competitive advantage has been assigned to the
purchase of commercial vehicles versus custom vehicles, or used
vehicles versus new vehicles in the preliminary evaluation of
applications, it has been our experience that depending on the type and
size of department, the technical evaluation panelists often prefer
low-cost vehicles when evaluating the cost/benefit section of the
project narratives. Panelists will be provided with guidance (such as
the General Services Administration's price schedules) for use in their
evaluation on the reasonableness of vehicle costs.
(vi) Finally, we believe that it would be more beneficial to the
nation if we gave these vehicle awards to as many fire departments as
possible, therefore, we will allow each fire department to apply for
only one vehicle per year.
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
be subject to a second level review by a technical evaluation panel.
Using the evaluation criteria delineated in Sec. 152.5, 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.
(b) Our award decisions will be based on the stated priorities of
the grant program, 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 order to fulfill our obligations under the law, we may also
make funding decisions using rank order as the preliminary basis then
based on 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 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.
Sec. 152.7 Grant payment, reporting and other requirements.
(a) Grantees will have twelve months to incur obligations 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
us 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).
(b) Generally, fire departments should not 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 exceptional basis. Expenses incurred
after the application deadline but prior to award may be eligible for
reimbursement if the expenses were justified, unavoidable, consistent
with the scope of work, and specifically approved by us.
(c) The recipients of funding under this program must report to us
on how the grant funding was used and the benefits that resulted from
the grant. This will be accomplished via submission of a final report.
Details regarding the reporting requirements will be provided in the
Articles of Agreement provided to each grantee. Additionally, 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 they develop the capacity to report.
Sec. 152.8 Application submission and deadline.
For each year that this program is authorized after fiscal year
2002, we will announce the grants availability via Notice of Funds
Availability. That notice will contain all pertinent information
concerning the eligible funding activities, priority funding levels (as
appropriate), application period, timelines, and deadlines.
Sec. 152.9 Technical or procedural error.
(a) We will review our decision with respect to a particular
application only where the applicant alleges that we have made a
material technical or procedural error and can substantiate such
allegation. Requests for reconsideration based upon technical or
procedural error should be directed to: Director, Grants Program
Office, U.S. Fire Administration, FEMA, 500 C Street, SW., room 304,
Washington, DC 20472.
(b) We must receive a request for reconsideration under paragraph
(a) of this section within 60 days of the date of the notice of our
decision.
(c) As grants are awarded on a competitive basis, in accordance
with the findings of an independent panel of experts, we will not
entertain requests
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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 said information into their
applications for future grant cycles.
Dated: February 19, 2002.
Joe M. Allbaugh,
Director.
[FR Doc. 02-4388 Filed 2-26-02; 8:45 am]
BILLING CODE 6718-08-P