[Federal Register: March 21, 2001 (Volume 66, Number 55)]
[Rules and Regulations]               
[Page 15967-15974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21mr01-16]                         

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Part III

Federal Emergency Management Agency

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44 CFR Part 152

Assistance to Firefighters Grant Program; Final Rule

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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 
guidance on a new program to make grants directly to fire departments 
of a State or tribal nation 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 hazard. The grants 
will be awarded on a competitive basis based on demonstrated financial 
need for, and maximum benefit to be derived from, the grant funds.

DATES: This interim final rule is effective March 21, 2001. We invite 
comments on this interim final rule, which should be received by May 
21, 2001.

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 rules@fema.gov.

FOR FURTHER INFORMATION CONTACT: Brian Cowan, Director, Office of 
Strategic Initiatives, Federal Emergency Management Agency, Room 304, 
500 ``C'' Street, SW, Washington, DC 20472, or call 1-866-274-0960, or 
e-mail USFAGRANTS@fema.gov.

SUPPLEMENTARY INFORMATION:
    This interim final rule provides guidance on the administration of 
grants made under the Federal Fire Protection and Control Act, 15 
U.S.C., Section 2201 et seq., as amended by the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001, Pub. L. 106-
398. In fiscal year 2001, Congress appropriated $100,000,000 to carry 
out the activities of the Assistance to Firefighter Grant Program. 
Congress included in the legislation a list of fourteen categories 
under which grantees could spend the grant funds. Because of the 
limited amount of time to establish this new program, we have elected 
to limit the number of eligible categories to six for this fiscal year. 
We believe that the six selected categories will provide the grant 
program with the greatest degree of benefit for the program dollars 
spent. The six categories selected for funding under this grant program 
are listed below. The projected allocation for each category is also 
provided.

(a) Training $6,500,000
(b) Fitness Program $6,500,000
(c) Vehicles $15,000,000
(d) Firefighting Equipment $15,000,000
(e) Personal Protective Equipment $35,000,000
(f) Fire Prevention Programs $12,000,000
    Applicants seeking funding from this grant program will be allowed 
to apply for assistance in only two of the categories listed above. We 
will evaluate each application for assistance independently based on 
established eligibility criteria, the financial needs of the applicant, 
and an analysis of the benefits that would result from the grant award.
    For the purposes 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.
    In fiscal year 2001, at least $5,000,000 of the funds available 
under this new program are available for us to make grants to, or enter 
into contracts or cooperative agreements with, national, State, local 
or community organizations, including fire departments, for the purpose 
of carrying out fire prevention programs.
    Eligible applicants for the Assistance to Firefighters grant 
program are limited to fire departments located in the fifty United 
States, tribal nations, the District of Columbia, Puerto Rico, the U.S. 
Virgin Islands, Guam, American Samoa, or the Commonwealth of the 
Northern Mariana Islands. A fire department is defined as an agency 
that provides public fire prevention and control to local, municipal, 
district, county, parish, or tribal governments based on a formally 
recognized arrangement. An emergency medical services unit can apply 
for assistance provided the unit falls organizationally under the 
auspices of a fire department. Fire departments, which 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. Tribal fire departments that receive Federal funds 
to perform fire protective services and/or to purchase or install fire 
protective equipment are not eligible for this grant program.
    The law requires us to reserve a share of the grant funds for 
volunteer 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 1999 survey by the National Fire 
Protection Association, volunteer and combination departments protect 
57 percent of the population of the United States and career 
departments protect 43 percent of the population. Therefore, the target 
distribution of funds is 43 percent for career departments and 57 
percent for volunteer/combination departments.
    Concurrent with publication of this interim final rule, we are 
seeking emergency approval of the Paperwork Reduction Act requirements 
in order to collect supplemental information from each applicant. We 
will use the supplemental information included in grant application 
packages in the evaluation of the merits of each request for funding.
    For this year's (fiscal year 2001) grant program, we will issue the 
Request for Application (RFA) packages on or about April 2, 2001. 
Complete application packages must be received by us on or before the 
close of business on May 2, 2001.
    Eligible applicants can obtain the application form from the FEMA/
USFA website (www.usfa.fema.gov). If an eligible applicant does not 
have access over the Internet to the FEMA/USFA websites, they may 
contact us directly to request a copy via mail. Those 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, or (2) phone 866-274-0960, or 
(3) fax the request to 866-274-0942, or (4) e-mail USFAGRANTS@fema.gov. 
Applicants should complete and submit their applications (original 
application plus two copies of the original) to us at USFA Grant 
Program Technical Assistance Center, 16825 South Seton Avenue, 
Emmitsburg, Maryland 21727-8998.

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Administrative Procedure Act Determination

    We are publishing this interim final rule without opportunity for 
prior public comment under the Administrative Procedure 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 
Law 106-398 which requires us to award the grants no later than 
September 30, 2001. We invite comments from the public on this interim 
final rule. Please send comments to FEMA in writing on or before May 
21, 2001. 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).

Executive Order 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, we have undertaken to 
incorporate environmental justice into our 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 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 the Executive 
Order do not apply to this interim final rule.

Executive Order 12866, Regulatory Planning and Review

    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.
    We have determined that this rule is a ``significant regulatory 
action'' under the terms of Executive Order 12866. The rule sets out 
our administrative procedures for making grants available for fire 
departments to protect the health and safety of the public and the 
firefighting personnel against fire and fire-related hazards. We expect 
to award approximately $90,000,000 in grants under this program. With 
cost sharing, we expect the total value of all grants to be in the 
$110,000,000 to $115,000,000 range. Therefore, we conclude this rule is 
a major rule as defined in 5 U.S.C. 804(2).
    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 review and approval of a new collection of 
information, which is contained in this interim final rule. The request 
is submitted under the emergency processing procedures in Office of 
Management and Budget (OMB) regulations 5 CFR 1320.13. We are 
requesting that this information collection be approved by March 20, 
2001, for use through September 2001.
    We expect to follow this emergency request with a request to 
approve the use of the collection instrument for a term of three years. 
The request will be processed under OMB's normal clearance procedures 
in accordance with the 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)). It also seeks comments concerning the 
collection of supplementary information from the applicant fire 
departments necessary to evaluate grant applications and make awards. 
The supplementary information augments the screening and referral forms 
used by the grants administration program in determining whether 
applicants meet basic eligibility requirements.

Collection of Information.

    Title: Assistance to Firefighter Grant Program `` Grant Application 
Supplemental Information.
    Type of Information Collection: New.
    Abstract: The supplemental information will correspond to the 
preliminary evaluation criteria. The information will be submitted by 
grant applicants who apply for funding in six categories under the 
Assistance to Firefighters grant program newly authorized by Congress 
in fiscal year 2001. The grant categories are: training programs, 
wellness and fitness programs, acquisition of firefighting vehicles, 
acquisition of firefighting equipment, acquisition of personal 
protective equipment, and fire prevention programs (see section 152.1 
of the interim final rule). Applicants may apply for funding in no more 
than two of the categories. FEMA will evaluate the grant applications 
to ensure that funds are distributed to volunteer and career 
departments consistent with the mandates of Congress. Additionally, we 
seek to distribute funds to urban, suburban, and rural fire 
departments. The supplemental information that FEMA is proposing to 
request is as follows:
    (1) General questions asked of all applicants
    (a) Is your active firefighting staff: (i) paid/career 
firefighters; (ii) volunteer firefighters; or (iii) a combination of 
the two?
    (b) How many active firefighters are in your department?
    (c) Is your department located in an urban, suburban or rural 
setting?
    (d) What is the approximate population of your first due response 
area?
    (e) Do you receive Federal funding to perform fire protective 
services and/or to purchase or install fire protective equipment.
    (f) Do you currently report to the national fire incident reporting 
system (NFIRS)?
    (2) Questions for vehicle category
    (a) What type of vehicle will you use the grant money to purchase?
    (b) How many front line vehicles does your department own?
    (c) Is the purpose of your purchase to replace an old vehicle, 
refurbish an old

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vehicle, or purchase a new or used vehicle to fulfill a new mission?
    (d) How many vehicles, of the type or class you are purchasing, 
does your department own?
    (e) What is the age of your newest primary-response vehicle in this 
class that you currently own?
    (f) What is the age of the oldest primary-response vehicle in this 
class that you currently own?
    (g) What is the mileage or number of engine hours on the primary-
response vehicle that you are replacing/refurbishing?
    (h) What is the average number of annual responses for the primary-
response vehicle you are replacing/refurbishing?
    (3) Questions for the personal protective equipment category
    (a) What percentage of your active firefighting staff has personal 
protective equipment that meets current NFPA and OSHA standards?
    (b) What percentage of your active firefighting staff will have 
personal protective equipment that meets current NFPA and OSHA 
standards if this grant is awarded?
    (c) Are you seeking this grant to: (i) Equip your firefighting 
staff for the first time; (ii) replace obsolete or sub-standard 
equipment; or (iii) equip your staff for a new mission?
    (4) Questions for training category
    (a) Is the training planned under this grant direct-delivery 
training or off-site training?
    (b) What is the percentage of personnel in the targeted cadre that 
this program will train?
    (c) This training: (i) Will fulfill a statutory requirement; (ii) 
will achieve voluntary compliance with a national standard; or (iii) 
does not have a statutory basis or trade standard.
    (d) Is this training you are seeking: (i) Basic training for 
firefighters; (ii) officer training (either supervisory or safety 
officer); (iii) specialized training; or (iv) other?
    (5) Questions for firefighting equipment category
    (a) The equipment purchase under this grant program: (i) Is 
necessary for basic firefighting capabilities, but has never been owned 
by the department; (ii) will replace old, obsolete, or substandard 
equipment owned by the department; or (iii) will expand the 
capabilities of the department into a new mission area.
    (b) The equipment purchased under this grant program: (i) Will 
bring the department into statutory compliance; (ii) will bring the 
department into voluntary compliance with a national standard; or (iii) 
has no statutory basis or trade standard.
    (c) Will the equipment purchase under this grant program benefit 
the health and safety of the firefighters and/or the community?
    (6) Questions for the fire prevention program category
    (a) 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; development/
enforcement of codes; public information materials; presentation aids 
and equipment; or other?
    (b) Does your department currently have a fire prevention program/
plan?
    (c) Will the grant: (i) Establish a new program; (ii) expand an 
existing program into new areas; or (iii) augment an existing fire 
prevention program?
    (d) Will this program establish a multi-organizational partnership 
with other groups in your community?
    (e) Who is your target audience: (i) USFA-identified target 
(children under the age of fourteen, seniors over sixty-five years of 
age and firefighters), or (ii) other high-risk population?
    (f) Is the content of your program accurate and consistent with 
generally accepted practices and principles?
    (g) Will this program be sustained beyond the grant period?
    (h) Will your department periodically evaluate the program's impact 
on the community?
    (7) Questions for the wellness and fitness program
    (a) Do you have a wellness/fitness program at your department?
    (b) Do you currently offer, or will this grant program provide, 
entry physical examinations and a job-related immunization program?
    (c) What does your existing wellness/fitness program currently 
offer and what will your program offer during the grant year (i.e., 
entry physical examination, job related immunization program, health 
screening program, annual physical examination, formal fitness and 
injury prevention program, crisis management program, employee 
assistance program, incident rehabilitation program, injury/illness 
rehabilitation, or other)?
    (d) Will participation in the well/fitness program be mandatory?
    (e) Do you, or will you, offer incentives to participate in the 
program?
    Project Narrative: The narrative statement identifies the proposed 
measure to be funded, provides information supporting the project's 
eligibility, and states its benefits for the purposes of competitive 
rating. The narrative will contain a description of the proposed 
projects, a statement that demonstrates the financial need of the fire 
department and a statement that details the benefits to be derived from 
the expenditure of grant funding. Applicants that need assistance in 
formulating the cost-benefit statement or any other justification 
required by this program may contact us for technical assistance. We 
will also place information and technical assistance onto the FEMA/USFA 
websites. Our Technical Assistance Center's toll free number is 866-
274-0960, our email address is USFAGRANTS@fema.gov, and our website 
addresses are www.fema.gov and www.usfa.fema.gov.
    Forms or Formats: Forms or formats for the above fire grant program 
categories may be developed and made available to grant applicants. The 
forms or formats will capture and format only the questions shown 
above. No other information requirements will be added to any forms or 
formats developed by FEMA. 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, facesheet; FEMA 
Form 20-20, Budget--Non Construction; Project Narrative; Cost Benefit 
Narrative; FEMA Form 20-16, Summary of Assurances; SF-LLL, Lobbying 
Disclosure; Automated SF 270; and Performance Report.
    Estimated Annual Burden Hours:

  Proposed New Collection--Assistance to Firefighter Grant Program--Grant Application Supplemental Information
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                                                             Number of          Hours per       Range of annual
            Grant category data collections                 respondents          response         burden hours
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 Vehicles......................................     1,500 to 3,500                0.5       750 to 1,750
 Personal Protective Equipment.................     1,000 to 2,250                0.5       500 to 1,125

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 Training......................................       750 to 1,750                0.5         375 to 875
 Firefighting Equipment........................       750 to 2,000                0.5       375 to 1,000
 Fire Prevention Programs......................       500 to 1,250                0.5         250 to 625
 Fitness.......................................       500 to 1,250                0.5         250 to 625
                                                        --------------------------------------------------------
    Total Burden Hours.................................    5,000 to 12,000                0.5     2,500 to 6,000
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             FEMA Grants Administration Forms--OMB Number 3067-0206, Which Expires February 29, 2004
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                                                             Number of          Hours per       Range of annual
              Type of forms or collection                   respondents          response         burden hours
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SF-424 Application Facesheet...........................     5,000 to 6,000                0.5     2,500 to 3,000
20-20 Budget Non-Construction..........................    5,000 to 12,000                1.0    5,000 to 12,000
Project Narrative......................................    5,000 to 12,000                0.5     2,500 to 6,000
Cost Benefit Narrative.................................    5,000 to 12,000                0.5     2,500 to 6,000
20-16 Summary of Assurances............................     5,000 to 6,000                1.0     5,000 to 6,000
SF-LLL Lobbying Disclosure.............................     5,000 to 6,000                0.5     2,500 to 3,000
Automated SF-270.......................................     2,000 to 4,000                0.5     1,000 to 2,000
Performance Report.....................................     1,500 to 2,000                1.5     2,250 to 3,000
                                                        --------------------------------------------------------
    Total Burden Hours.................................  .................  .................   23,250 to 41,000
----------------------------------------------------------------------------------------------------------------

    We anticipate 5,000 to 6,000 fire departments will apply for 
assistance under this grant program in this first year of the program. 
Each applicant will be allowed to apply for two different funding 
categories out of the six categories available for funding this year 
(i.e., training programs, wellness and fitness programs, firefighting 
vehicles, firefighting equipment, personal protective equipment, and 
fire prevention programs). Out of the 5,000 to 6,000 applicants, we 
anticipate awarding 1,500 to 2,000 grants. Cost to the Respondents: 
Cost estimates for the application phase ranges from $375,000 to 
$615,000 ($15 per hour times 25,000 and 41,000 hours, respectively). 
Cost estimates for reporting on the disposition of the grant funds 
range from $48,750 to $75,000 ($15 per hour times 3,250 and 5,000 (the 
number of grant awards), respectively).
    As a condition of receiving funding under this program, grant 
recipients must agree to provide information to the national fire 
incident reporting system (NFIRS) for the grant period. This reporting 
constitutes an additional burden on the grantees in this program. We 
estimate that grantees will spend between one-quarter hour and one-half 
hour per incident fulfilling this requirement. The annual burden will, 
therefore, vary from grantee to grantee depending on the number of 
incidents to which the grantees responded.
    Comments:
    Written comments are solicited to (a) evaluate whether the proposed 
data collection is necessary for the proper performance of the agency, 
including whether the information shall 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 within 30 
days of the date of this notice. FEMA will continue to accept comments 
through May 21, 2001.
    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 within 30 days of this 
notice. FEMA will continue to accept comments for an additional 30 
days. Those written comments on the collection of information, 
including the burden estimate, should be sent to the Muriel B. 
Anderson, Chief, Records Management Branch, Program Services Division, 
Operations Support Directorate, Federal Emergency 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 
muriel.anderson@dhs.gov.

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

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public and that of their firefighting personnel facing fire and fire-
related hazards. The rule does not significantly affect the rights, 
roles, and responsibilities of States, and involves no preemption of 
State law nor does it limit State policymaking discretion.
    The Office of Management and Budget has reviewed the interim final 
rule under Executive Order 13132.

Congressional Review of Agency Rulemaking

    We have sent this interim final rule to the Congress and to the 
General Accounting Office under the Congressional Review of Agency 
Rulemaking Act, 5 U.S.C. 801-808. 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 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. 
We expect to award approximately $90,000,000 in grants under this 
program. With cost sharing, we expect the total value of all grants to 
be in the $110,000,000 to $115,000,000 range. However, we do not expect 
that it will result in a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. Nor do we expect that it will have 
``significant adverse effects'' on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises.
    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 impracticable, 
unnecessary, or contrary to the public interest due to the requirements 
of Public L. 106-398 which requires us to award the grants no later 
than September 30, 2001. In order to comply with this statutory mandate 
we need to accept applications for grants no later than May 2001. We 
invite comments from the public on this interim final rule. 
Accordingly, this final rule is effective on March 21, 2001.
    This final rule is subject to the information collection 
requirements of the Paperwork Reduction Act. We are seeking emergency 
approval from the Office of Management and Budget. We will provide the 
OMB Control number with the application packages. The rule is not an 
unfunded Federal mandate within the meaning of the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq., and any enforceable duties 
that we impose are a condition of Federal assistance or a duty arising 
from participation in a voluntary Federal program.

List of Subjects in 44 CFR Part 152

    Assistance to Firefighters Grant Program.

    Accordingly, we amend 44 CFR Chapter I by adding Part 152 to read 
as follows:

PART 152--ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

Sec.
152.1  Purpose.
152.2  Definitions.
152.3  Availability of funds.
152.4  Roles and responsibilities.
152.5  Evaluation criteria.
152.6  Application review and award process.
152.7  Grant payment, reporting and other requirements.
152.8  Application submission and deadline.

    Authority: Federal Fire Protection and Control Act, 15 U.S.C., 
Section 2201 et seq., as amended by the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001, Pub. L. 106-398.

Sec. 152.1  Purpose.

    This competitive grant program will provide funding directly to 
fire departments for the purposes described in the six eligible grant 
categories below. The funds cannot be used to pay for products and 
services contracted for, or purchased prior to the effective date of 
the grant. The six eligible categories for a fire department's 
expenditures of grant funds under this program follow below:
    (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, training services, attendance at formal training 
forums, etc.
    (b) 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 category),
    (c) Acquiring additional firefighting vehicles, including fire 
apparatus,
    (d) Acquiring additional firefighting equipment, including 
equipment for individual communications and monitoring (integrated 
communications systems are not eligible),
    (e) Acquiring personal protective equipment required for 
firefighting personnel by the Occupational Safety and Health 
Administration, and other personal protective equipment for 
firefighting personnel, and
    (f) Funding fire prevention programs.

Sec. 152.2  Definitions.

    Fire department means an agency that provides public fire 
prevention and control to local, municipal, district, county, parish, 
or tribal governments based on a formally recognized arrangement. An 
emergency medical services unit can apply for assistance provided the 
unit falls organizationally under the auspices of a fire department. 
Fire departments, which 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. Tribal 
fire departments that receive Federal funds to perform fire protective 
services and/or to purchase or install fire protective equipment are 
not eligible for this grant program.
    Population means permanent residents in the primary/first response 
area or jurisdiction served by the applicant according to U.S. Census 
figures available at the time of the application deadline.
    State means any of the fifty United States, the District of 
Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, 
or the Commonwealth of the Northern Mariana Islands.

Sec. 152.3  Availability of funds.

    (a) No applicant under this program can receive more than $750,000 
in Federal grant funds under this program in any fiscal year regardless 
of the number of categories funded.
    (b) As a condition of receiving a grant under this 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 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 of 
the total project cost.

Sec. 152.4  Roles and responsibilities.

    (a) Recipient (Grantee) must agree to:
    (1) Maintain operating expenditures in the funded grant category at 
a level

[[Page 15973]]

equal to or greater than the average of their operating expenditures in 
the two fiscal years preceding the fiscal year in which assistance is 
awarded.
    (2) Retain grant files and supporting documentation for three years 
after the conclusion of the grant.
    (3) Make their grant files, books and records available for an 
audit to ensure compliance with any requirement of the grant program.
    (4) Provide information to the U.S. Fire Administration's national 
fire incident reporting system (NFIRS) for the period covered by the 
assistance.
    (b) FEMA Activities:
    (1) We will ensure that the funds are awarded based on the 
priorities and expected benefits articulated in the statute, this rule, 
and USFA's strategic plan.
    (2) We will ensure that not less than five percent (5%) of the 
funds are made available to national, State, local, or community 
organizations, including fire departments, for the purpose of carrying 
out fire prevention programs.
    (3) We will ensure that grants are made to fire departments located 
in urban, suburban, and rural communities.
    (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.

Sec. 152.5  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. Applicants 
must articulate the benefits that will be achieved through the grant 
activities. In addition, the applicant will demonstrate financial need 
for the assistance requested. We will review and evaluate the 
applications according to rating criteria that focus on the benefits to 
be obtained from the use of these grant funds. Our evaluation will also 
include an assessment of financial need. 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.
    (b) Applicants will complete two narrative sections in the 
application package. The first section invites a short description of 
the planned uses for the grant funds. This narrative should explain why 
the grant funds are needed and why the department has not been able to 
fund the planned activities on its own. In the second narrative, the 
applicant will state the amount requested and detail the benefits the 
department or community will realize as a result of the grant award. 
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 USFAGRANTS@fema.gov. We will also place useful 
information on the FEMA/USFA websites.
    (c) 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 category (eligible 
applicants may apply for up to two categories), the applicant must 
provide a narrative and an itemized budget for each category. The 
budget should be entered onto the form (FEMA Form 20-20) provided in 
the application package.
    (d) Specific rating criteria for each of the eligible categories 
follow below. These rating criteria, in conjunction with the 
preliminary evaluation criteria, will provide an understanding of the 
cost effectiveness of the proposed projects.
    (1) Training. We believe that more benefit is derived from the 
direct delivery of training than from the purchase of training 
materials and equipment. Therefore, applications focused on direct 
delivery of training will receive a higher competitive rating. We also 
believe that funding of basic firefighting training (i.e., training in 
basic firefighting duties or operating fire apparatus) has greater cost 
benefit than funding of officer training and specialized training. 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.
    (2) Wellness and fitness programs. 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 funding 
for these purposes. 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. 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.
    (3) Firefighting vehicles. 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. We do not 
believe that there is sufficient cost benefit from expenditures for 
vehicles with ladder or aerial apparatus and will not accord positive 
competitive standing to applications proposing such purchases.
    (4) Firefighting equipment. We believe that this grant program will 
achieve the greatest benefits if we provide funds to fire departments 
purchasing basic firefighting equipment (never owned prior to grant) to 
bring their departments up to the applicable minimum (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.
    (5) Personal protective equipment. 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 100 percent of their active firefighting staff. We 
will

[[Page 15974]]

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 NFPA and OSHA standards), or purchasing equipment for 
a new mission.
    (6) Fire prevention programs. We believe that the public as a whole 
will receive greatest benefit from funds targeted for fire departments 
that do not have an existing fire prevention program. Also, we believe 
the public will benefit greatly from continuing fire prevention 
programs as opposed to limited efforts. Therefore, we will give a 
higher competitive rating to programs that will be self-sustaining 
after the grant period. 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. We believe public 
education programs and community-based, participatory programs that 
purchase and install residential and public detection and suppression 
systems achieve greater benefits than do programs that develop and 
enforce codes and standards. Public information materials and 
presentation aids and equipment achieve the least benefit, therefore, 
these types of activities will be accorded the lowest competitive 
rating.

Sec. 152.6  Application review and award process.

    Using the evaluation criteria delineated above, a panel of subject 
matter experts will review each application to determine which 
applicants satisfy the grant program's eligibility parameters, the 
applicant's relative standing under the rating criteria, and the 
benefit to cost value of the proposed projects. We will make funding 
decisions based on the criteria, the demonstrated need of the 
applicant, and the benefits to be derived from the proposed projects. 
In order to fulfill our obligation under the law, we will also make 
funding decisions based on the type of fire department (paid, 
volunteer, or combination fire departments) and the size and character 
of the community it serves (urban, suburban, or rural).

Sec. 152.7  Grant payment, reporting and other requirements.

    (a) Grantees have up to twelve months, from the date of the notice 
of award, to incur obligations to fulfill their responsibilities under 
this grant program. Grantees may request funds from FEMA as 
reimbursement for expenditures made under the grant program or for 
immediate cash needs per FEMA regulations (44 CFR 13.21, more commonly 
referred to as the Common Rule).
    (b) The recipients of funding under this program must report to us 
on how the grant funding was used. This will be accomplished via 
submission of a final report. 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.

Sec. 152.8  Application submission and deadline.

    Each year that this program is authorized, we will announce the 
grants availability via Notice of Funds Availability. That Notice will 
contain all pertinent information concerning the eligible funding 
categories, funding levels, application period, timelines, and 
deadlines.

    Dated: March 16, 2001.
Joe M. Allbaugh,
Director.
[FR Doc. 01-7014 Filed 3-20-01; 8:45 am]
BILLING CODE 6718-08-P