11236 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 152

RIN 3067–AC31

The Arson Prevention Act of 1994—

State Grants

AGENCY: The United States Fire

Administration, FEMA.

ACTION: Final rule.

SUMMARY: This final rule identifies the

eligibility criteria and procedures for

States or consortia of States to apply for

arson related grants, and it details the

evaluation criteria and anti-arson goals

the awards are targeted to support.

EFFECTIVE DATE: This final rule is

effective March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Kenneth J. Kuntz, United States Fire

Administration, 16825 South Seton

Avenue, Emmitsburg, MD 21727, (301)

447–1271, facsimile (301) 447–1102.

SUPPLEMENTARY INFORMATION: The Arson

Prevention Act of 1994 (Pub. L. 103–

254) amends the Fire Prevention and

Control Act of 1974 (15 U.S.C. 2220) to

make available competitive grants to

States or consortia of States, for

programs relating to arson research,

prevention, and control. Accordingly,

FEMA is publishing this final rule to

indicate how it will administer the grant

program.

FEMA published the proposed rule in

the Federal Register on Tuesday,

September 20, 1994, 59 FR 48277.

Comments were invited until November

4, 1994. No comments were received.

Therefore, FEMA is publishing the final

rule as initially proposed, with minor

technical changes.

National Environmental Policy Act

This final rule is categorically

excluded from the requirements of 44

CFR Part 10, Environmental

Consideration. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act

I certify that this final rule will not

have a significant economic impact on

a substantial number of small entities in

accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.,

because the final rule will relate to the

procedures that FEMA will use to

administer the statutorily mandated

grant program, and will have no direct

effect on small business or

governmental entities. The final rule

will not: (1) Affect adversely the

availability of grants to small entities;

(2) have significant secondary or

incidental effects on a substantial

number of small entities; nor (3) create

an additional burden on small entities.

Accordingly, no regulatory flexibility

analysis will be prepared.

Paperwork Reduction Act

This final rule does not involve any

collection of information for the

purposes of the Paperwork Reduction

Act.

Executive Order 12866, Regulatory

Planning and Review

Promulgation of this final rule is

required by statute, 15 U.S.C. 2221 et

seq., which also specifies the regulatory

approach taken in the final rule. To the

extent possible under the statutory

requirements of 15 U.S.C. 2221, this

final rule adheres to the principles of

regulation as set forth in this Executive

Order. This final rule has not been

reviewed by the Office of Management

and Budget under the provisions of E.O.

12866.

Executive Order 12612, Federalism

The final rule involves no policies

that have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

The final rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 152

Administrative practice and

procedure, Firefighters, Arson

prevention, Grant programs, Reporting

and record keeping requirements.

Accordingly, 44 CFR Part 152 is

added to read as follows:

PART 152—STATE GRANTS FOR

ARSON RESEARCH, PREVENTION,

AND CONTROL

Subpart A—Purpose, Scope, Definitions

Sec.

152.1 Purpose.

152.2 Scope.

152.3 Definitions.

Subpart B—Competitive State Grants

152.4 Grant goals.

152.5 State qualification criteria.

152.6 Grant application procedures.

152.7 Available funds and application

submission.

152.8 Competitive evaluation criteria.

152.9 Reporting requirements.

Subpart C—Administration

152.10 Extensions.

152.11 Technical assistance.

152.12 Consultation and cooperation.

152.13 Audits.

152.14 Penalties.

Authority: 15 U.S.C. 2221; Reorganization

Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978

Comp., p. 329; E.O. 12127, 44 FR 19367, 3

CFR, 1979 Comp., p. 376.

Subpart A—Purpose, Scope,

Definitions

§ 152.1 Purpose.

This part establishes the uniform

administrative rules under which States

or consortia of States will request

consideration for competitive arson

research, prevention and control grant

award(s), and details the associated

administrative procedures which will be

required of applicants and recipients.

§ 152.2 Scope.

This part applies to all States or

consortia of States requesting

competitive consideration of their

respective proposals, and all those

States or consortia of States actually

awarded arson grants under this

authority.

§ 152.3 Definitions.

Administrative costs means those

actual expenses incurred by a grantee to

oversee and execute the specific

administrative provisions of the grant

award, including as appropriate the

provision of grant related monitoring

services and reporting requirements,

and the nominal purchase of necessary

equipment and expendable supplies to

support the administration of the grant.

Administrator means the

Administrator of the United States Fire

Administration.

Grantee means the State, consortia of

States, or State and consortia of States

identified as recipients of grant awards

under this part.

Prevention and control means the

aggressive intervention strategies,

methods, and materials developed or

relied upon to minimize the occurrence

and effects of arson.

Program costs means the actually

incurred expenses related to the

development, delivery, training,

research or other activities proposed

and subsequently authorized by the

grant award and other appropriate

controls.

Reporting methodology is the means

by which a jurisdiction provides arson

data to the National Fire Incident

Reporting System (NFIRS) or the

Uniform Crime Reporting (UCR)

programs.

Research means the application of

conventional scientific and statistical

methods to assess a particular issue,

application methodology, intervention

or mitigation strategy in an effort to

advance the collective scientific body of
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11237

knowledge related to the nation’s arson

problem.

Resources means tangible capability

enhancements including but not limited

to the purchase of program related

equipment, services, materials, and

expendable supplies.

Responsible official means the

individual specifically authorized to act

as the accountable Agent of the State for

purposes of administering the grants

awarded under this part.

State means any State, the District of

Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, the Canal Zone,

Guam, American Samoa, the Trust

Territory of the Pacific Islands, and any

other territory or possession of the

United States.

State consortia means a cooperative

and collective group of more than one

State, (or State equivalents as noted

above).

Subpart B—Competitive State Grants

§ 152.4 Grant goals.

Grant applications for these grant

awards must promote one or more of the

following 10 goals:

(a) To improve the training by States

leading to professional certification of

arson investigators in accordance with

nationally recognized certification

standards. Certification of arson

investigators is to be accomplished in

accordance with State guidelines, by

appropriate State authorities.

(b) To provide resources for the

formulation of arson task forces or

interagency organizational arrangements

involving police and fire departments

and other relevant local agencies, such

as a State arson bureau and the office of

a fire marshal of a State.

(c) To combat fraud as a cause of

arson, and to advance research at the

State and local levels on the significance

and prevention of fraud as a motive for

setting fires.

(d) To provide for the management of

arson squads including:

(1) Training courses for fire

departments in arson case management

including standardization of

investigative techniques and reporting

methodology;

(2) The preparation of arson unit

management guides; and

(3) The development and

dissemination of new public education

materials relating to the arson problem;

proposals should address all three

subactivities in support of the

management of an arson squad.

(e) To combat civil unrest as a cause

of arson, and to advance research at the

State and local levels on the prevention

and control of arson linked to urban

disorders.

(f) To combat juvenile arson, such as

juvenile fire setter counseling programs

and similar intervention programs, and

to advance research at the State and

local levels on the prevention of

juvenile arson.

(g) To combat drug-related arson, and

to advance research at the State and

local levels on the causes and

prevention of drug-related arson.

(h) To combat domestic violence as a

cause of arson, and to advance research

at the State and local levels on the

prevention of arson arising from

domestic violence.

(i) To combat arson in rural areas and

to improve the capability of firefighters

to identify and prevent arson initiated

fires in rural areas and public forests.

(j) To improve the capability of

firefighters to identify and combat arson

through expanded training programs,

including:

(1) Training courses at the State fire

academies; and

(2) Innovative courses at the National

Fire Academy (NFA) and made

available to volunteer firefighters

through regional delivery methods,

including teleconferencing and satellite

delivered television programs.

(k) Proposals addressing goals in

paragraphs (a), (i), and (j) of this section

would be encouraged to rely, at least in

part on training course materials and

offerings currently available through the

NFA. Proposals should specifically

identify which training components

would be utilized and how they would

be delivered. In the event Course

content, other than that available from

the NFA is proposed, the applicant will

include copies of the proposed training

materials with the proposal.

(l) In addition, applicants should

make specific reference in their

proposal(s) as to those efforts being

made to provide improved and more

widely available arson training courses

which demonstrate particular emphasis

on the needs of volunteer firefighters.

§ 152.5 State qualification criteria.

Each State or consortium of States

will demonstrate by appropriate means

and provide such assurances as are

deemed adequate by the Administrator

that the State, or consortium of States:

(a) Will obtain at least 25 percent of

the cost(s) funded by the grant, in cash

or in kind, from non-Federal sources.

(1) State’s contribution. Applicants

will identify the source and amount of

their respective contribution (in cash or

in kind) in the work plan and budget

detail sections of the application.

(2) Cash contributions will be sourced

or certified by responsible authority to

be derived entirely from non-Federal

sources.

(3) In kind contributions will be

specifically detailed and clearly

demonstrate the type, nature, value and

quantity of the contribution offered to

satisfy this requirement. The

applicant(s) may offer current staff in

support of the contribution requirement,

insofar as the offering would not effect

the restriction against decreasing the

prior levels of spending detailed in

paragraph (b) of this section.

(4) In kind contributions will also be

sourced and certified to be derived from

non-Federal sources.

(b) Will not as a result of receiving the

grant decrease the prior level of

spending of funds of the State or

consortium from non-federal sources for

arson research, prevention, and control

programs. The applicant(s) will provide

a concise overview of the level of

funding dedicated to these areas for

each of the two previous fiscal years.

This information will be included in the

grant file and is subject to post audit

reviews. The applicant’s responsible

official will provide appropriate

certification that the recipient is

cognizant of this condition of award,

and that no diminution of funding is to

result in such anti-arson efforts in the

event of a grant award. Violation of this

grant award condition may subject the

recipient to termination of the grant,

and forfeiture of unused portions of

grant funds, and other applicable

administrative or criminal sanctions.

(c) Will use no more than 10 percent

of the funds provided under the grant

for administrative costs of the programs.

Actual administrative cost incurred, not

to exceed 10 percent for the funds

provided, may be funded through the

grant. It is recognized that the

administrative costs may exceed the

allocation limit, in such cases the

additional expense will be born by the

recipient. Excess administrative costs

will not be considered part of the

recipients required ‘contribution’ as

noted in paragraph (a) of this section;

and

(d) Is making efforts to ensure that all

local jurisdictions will provide arson

data to the National Fire Incident

Reporting System (NFIRS) or the

Uniform Crime Reporting (UCR)

program.

(1) The State, or consortia of States,

will provide, as part of the application

process, such information as will

describe its current efforts to ensure that

all local jurisdictions will provide data

to NFIRS or UCR.

(2) This description should include

the current level of local jurisdiction

participation in each of the respective
11238 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations

data collection programs. It should

detail the State’s reporting criteria, and

data collection requirements, and

statutory reporting mandates, if

applicable. It should specifically

identify the constructive efforts (both

incentives and penalties to local

jurisdiction’s participation) underway to

achieve complete reporting, and identify

the actions, if any, to be taken under the

proposed grant to achieve the

participation target; and

(e) Has a policy to promote actively

the training of its firefighters in

cardiopulmonary resuscitation (CPR).

The applicant(s) may demonstrate their

fulfillment of this requirement by

providing a true copy of the policy with

the proposal, or by such other means as

would reasonably attest to the

applicant’s active promotion of CPR

training for all firefighters.

§ 152.6 Grant application procedures.

(a)(1) Applicants, both singly and in

consortia, must format their proposals

so as to assure the grant goal(s)

identified in § 152.4 are clearly

addressed and that the work plan

descriptions of the level of effort,

program activity, and program budgets

are specific to each of the selected target

goals.

(2) The legislation directs that awards

be made in support of each of the ten

(10) goals enumerated in § 152.4. The

competitive evaluation of the proposals

will be done on a goal by goal basis, and

the grant awards will be made

accordingly. In effect, all of the

proposals received that address, for

example § 152.4(a), will be reviewed

against the competitive evaluation

criteria detailed in § 152.8 in relation to

achieving that goal. The best overall

proposal will be the recipient of the

award. Each of the other proposals

offered in support of each of the other

goals will likewise be assessed. The

State or consortia of States may submit

proposals addressing more than one of

the goals. Applicants must however

insure that the proposal detail is

separable in its entirety, goal by goal.

States, or consortia of States, applying

for the competitive grants available

under this section will comply with and

are bound by all of the applicable

provisions of 44 CFR parts 13 and 14

with respect to the Uniform

Administrative Requirements for Grants

to State Governments, and the

Administration of Grants: Audits of

State Governments.

(b) The application will identify the

requestor’s status as a:

(1) State; or

(2) Consortium of States, (detailing

each of the States in the consortium).

(c) The application will specifically

identify both the responsible State

organizational element (e.g., the Office

of the State Fire Marshal) and the

responsible Official/Individual who will

administer the grant in the event of an

award. Grant requests from consortia of

States will include this information for

each of the States, and will identify

which one of these responsible Officials

will serve as the grant’s administrative

coordinator with USFA.

(d) The information provided will

include the following:

(1) The applicant’s complete

organizational title;

(2) The applicant’s complete mailing

address;

(3) The name and title of the State’s

designated responsible Official;

(4) The responsible Official’s

complete mailing address; and

(5) The responsible Official’s

telephone and facsimile numbers.

(e) The application will indicate

specifically which of the 10 grant goals

in § 152.4 the proposed grant activities

are intended to address. Consortia

proposals may propose that each of the

consortia States address a particular

goal or group of goals singularly, or the

States may approach the selected goals,

in part or in whole, collectively.

(f) The application will provide

specific work plans which detail the

means by which the applicant(s) intends

to pursue the selected goal’s attainment

through the grant. The work plan will

include the overall level of effort

envisioned as a result of the proposed

grant’s implementation, the specific

tasks and time lines to be accomplished,

the resources both human and material

that will be applied to the effort

(including the means by which the

utilization of these resources will be

accounted for), and the means and

methods that will be utilized to assess

and evaluate the accomplishment of the

targeted goals.

(g) Each applicant will submit a

detailed grant program budget which

addresses, by goal specific reference,

how the grant funds, both

administrative and programmatic, will

be disbursed. The grant proposal budget

element will specifically distinguish

between ‘‘administrative costs’’ and

‘‘program costs’’ consistent with the

requirements noted herein. No more

than 10 percent of the funds provided

under the grant will be used for the

administrative costs of the program.

This restriction does not preclude the

applicant(s) from proposing a greater

level of effort or resource dedication to

administrative activity, it simply limits

the costs to be supported through the

grant funding. Each of the States in a

consortium may request support for

actual administrative costs of no more

than 10 percent of its respective

program expenses.

§ 152.7 Available funds and application

submission.

(a) Funds may be appropriated in

Fiscal Year 1995 to support grant

awards addressing the ten (10) goals of

§ 152.4. No grant awards would be made

in Fiscal Year 1995 or future years

unless and until funds are appropriated.

(b) Reasonable efforts will be made to

award a grant addressing each of the

enumerated goals in an expeditious

manner. Upon completion of the initial

competitive evaluations and the

resulting grant awards, any goal(s) yet

unattended will be identified and may

become the subject of a second round of

applications solicitation, consideration

and grant award(s). Grant proposals

should be formatted to address

specifically the incremental use of the

currently available (FY 1995) funds, and

target the possible use of FY 1996 funds

if made available, as logical

programmatic extensions or replications

of the activities proposed and supported

by FY 1995 funds.

(c) Following the comment period and

the publishing of the final rule

incorporating these procedures, a formal

announcement of grant availability will

be issued in the Federal Register.

Applicants will be afforded a period of

not less than 30 and not more than 45

days, following the formal

announcement, to submit applications.

It is anticipated that the initial grant

awards will be made during the first

quarter of calendar year 1995. In the

event awards are not made in support of

each of the ten goals, a second Notice of

Availability, addressing the unattended

goals, may be published in the Federal

Register and awards will be targeted to

occur before September 30, 1995.

§ 152.8 Competitive evaluation criteria.

Each grant application/program

proposal received will be competitively

assessed against the following criteria:

(a) The degree to which the proposal

is seen to address the targeted goal or

each goal in a combination of goals;

(b) The scope and effect of the

proposed initiative in relation to the

proposed program cost;

(c) The degree to which the proposed

activity supports a ‘‘model program

initiative’’ suitable for replication in

other jurisdictions;

(d) The degree to which the proposed

activity demonstrates an effective and

efficient integration of a variety of

program resources;

(e) The degree to which the proposed

activity could sustain itself upon the
Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Rules and Regulations 11239

completion of the grant performance

period;

(f) The degree to which the proposed

activity would target intervention

strategies addressing high-risk groups,

properties, or specific conditions.

(g) The degree to which the activity

proposed would produce a lasting

antiarson program, initiative, or other

such appropriate outcome;

(h) The degree to which the proposed

activity promotes the introduction of

new technology, innovative techniques,

or nontraditional approaches to reduce

the nation’s arson problem;

(i) The degree to which the proposed

activity relies upon the development of

intergovernmental, interorganizational,

or community involving ‘‘partnerships’’

to promote goal attainment; and

(j) The degree to which the proposed

activity supports the enhanced ability to

collect arson data.

§ 152.9 Reporting requirements.

(a) Each State, or consortium of States,

which is the recipient of a grant under

this authority, by acceptance of the

award, agrees to provide to the

satisfaction of the Administrator and in

timely fashion, any and all such

documentation as may be requested or

required to detail the methods and

amounts of grant funds disbursement

and such other record keeping, retention

of records and the additional provision

of information by the Grantee as may be

required by the awarding Agency and

applicable regulation.

(b) The reporting requirements will

consist of primarily the two following

types:

(1) Quarterly progress and financial

status reports; and

(2) Final progress report and financial

status report. The final progress report

will include a summary evaluation of

the program related activities under the

grant. It will identify the evaluation

methodology and the assessment values

applied to critique the grant’s

effectiveness in relation to achieving the

targeted goal(s).

Subpart C—Administration

§ 152.10 Extension.

The Administrator has discretionary

authority to extend the duration of

grants made under this part for one or

more additional periods. Grant

recipients desiring an extension of the

grant performance period, will request

such extensions in writing at least sixty

(60) days prior to the expiration of the

grant period. The request will include

the reason for the requested extension,

a description of the effect(s) on the

program if the extension is not granted,

and a statement that no additional

federal funds would be necessary to

support the grant activities during the

extension period. Grant extension

requests may not be utilized to request

additional funding.

§ 152.11 Technical assistance.

The Administrator shall provide

technical assistance to States in carrying

out the program(s) funded by grants

under the Act. This assistance will

consist of providing the customary and

usual information on the application

process, deadlines, program and

financial reporting requirements, and

related grant program activities support.

This provision is not intended to

suggest that USFA will provide other

than grant related support and technical

assistance. Grant proposals should not

suggest or rely upon other program

related services, staff support or monies

from USFA to be any part of the

proposed grant activities, except as

provided in this part.

§ 152.12 Consultation and cooperation.

The Administrator would consult and

cooperate with other Federal agencies to

enhance program effectiveness and

avoid duplication of effort, including

the conduct of regular meetings initiated

by the Administrator with

representatives of other Federal agencies

concerned with arson and concerned

with efforts to develop a more

comprehensive profile of the magnitude

of the national arson problem.

§ 152.13 Audits.

In accordance with applicable

regulations, all the grants awarded

under this part and all records of the

recipient would be subject to audit by

appropriate Federal Emergency

Management Agency staff or other

responsible authority.

§ 152.14 Penalties.

The recipient designated responsible

official or others who provide

information or documentation to federal

officials in connection with the

activities or funds authorized by or

expended through these grants are

subject to, among other laws, the

criminal penalties of 18 U.S.C. 287 and

1001, which punish the submission of

false, fictitious or fraudulent claims and

the making of false, fictitious or

fraudulent statements. Such actions are

punishable by the imposition of a fine

not to exceed $10,000.00 or

imprisonment for not more than five (5)

years, or both. Such a violation may also

subject the responsible official to the

civil penalties set out in 31 U.S.C. 3729

and 3730.

Dated: February 16, 1995.

Harvey G. Ryland,

Deputy Director.

[FR Doc. 95–4415 Filed 2–28–95; 8:45 am]

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