[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63540-63546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24802]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Parts 204 and 206

[Docket ID FEMA-2013-0004]
RIN 1660-AA78


Disaster Assistance; Fire Management Assistance Grant (FMAG) 
Program--Deadline Extensions and Administrative Correction

AGENCY: Federal Emergency Management Agency, DHS.

[[Page 63541]]


ACTION: Final rule.

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SUMMARY: Under the authority of Section 420 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, as amended, the Federal 
Emergency Management Agency (FEMA) provides grants for the mitigation, 
management, and control of any fire or fire complex on public or 
private forest land or grassland that threatens such destruction as 
would constitute a major disaster. This rule finalizes, without change, 
a proposed rule to revise the Fire Management Assistance Grant (FMAG) 
program regulations to lengthen the potential extension for the 
grantee's submission of its grant application to FEMA from up to 3 
months to up to 6 months. This rule also finalizes, without change, the 
proposed regulation to lengthen the potential extension for a 
subgrantee to submit a project worksheet from up to 3 months to up to 6 
months. The rule finalizes additional minor administrative changes to 
the rule.

DATES: This rule is effective November 24, 2014.

FOR FURTHER INFORMATION CONTACT: William Roche, Director, Public 
Assistance Division, Federal Emergency Management Agency, 500 C Street 
SW., Washington DC, 20472-3100, (phone) 202-212-2340, or (email) 
<a href="/cdn-cgi/l/email-protection#7f28161313161e12512d101c171a3f1b170c51181009"><span class="__cf_email__" data-cfemail="87d0eeebebeee6eaa9d5e8e4efe2c7e3eff4a9e0e8f1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Fire Management Assistance Grant (FMAG) Program is authorized 
by section 420 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act \1\ (Stafford Act). Section 420 authorizes the President 
to provide assistance, including grants, equipment, supplies, and 
personnel to any State or local government \2\ or Indian Tribal 
government for the mitigation, management, and control of any fire on 
public or private forest land or grassland that threatens such 
destruction as would constitute a major disaster.\3\
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    \1\ Disaster Relief Act of 1974, Public Law 93-288, section 417, 
88 Stat. 158 (1974), redesignated as section 420 by the Stafford 
Act, Public Law 100-707, section 106(j), 102 Stat. 4705 (1988); 
codified as amended at 42 U.S.C. 5187.
    \2\ Disaster Mitigation Act of 2000, Public Law 106-390, section 
303, 42 U.S.C. 5121, added ``local government'' to section 420 of 
the Stafford Act.
    \3\ A major disaster under the Stafford Act is any natural 
catastrophe or, regardless of cause, any fire, flood, or explosion 
which in the determination of the President causes damage of 
sufficient severity and magnitude to warrant major disaster 
assistance to supplement the efforts and available resources of 
States, local governments, and disaster relief organizations in 
alleviating the damage, loss, hardship, or suffering caused thereby.
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    In order to receive funding for an FMAG, only a State \4\ may 
submit a request for an FMAG declaration and the request must be 
submitted to the Regional Administrator (RA) while the fire is burning 
uncontrolled. See 44 CFR 204.22. If FEMA approves the request and 
issues the declaration, the grantee \5\ may begin preparing a grant 
application package for submission to the FEMA RA. State agencies, 
Tribal governments, and local governments interested in applying for 
FMAG subgrants must submit a Request for Fire Management Assistance 
Subgrant to the grantee. See 44 CFR 204.41(a). Once FEMA determines 
that the subgrantee meets the eligibility criteria, FEMA Regional staff 
begins to work with the grantee and local staff to prepare project 
worksheets. See 44 CFR 204.52(b). The project worksheet identifies 
actual costs incurred by the subgrantee or grantee as a result of 
firefighting activities, and is the mechanism by which FEMA reimburses 
eligible costs.
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    \4\ Pursuant to FEMA regulations at 44 CFR 204.22, only the 
Governor of a State or the Governor's Authorized Representative can 
request an FMAG declaration.
    \5\ The grantee is usually a State; however, an Indian Tribal 
government may also be the grantee, in which case it takes on the 
same responsibilities as the State. See 44 CFR 204.3.
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    Under the FMAG program, certain administrative costs are 
reimbursable. Grantees and subgrantees may claim direct costs (i.e., 
those costs directly attributable to a particular project) associated 
with requesting, obtaining, and administering a grant for a declared 
fire, including regular and overtime pay and travel expenses for 
permanent, reassigned, temporary, and contract employees who assist in 
administering the fire management assistance grant. Other direct 
administrative costs incurred by the grantee or subgrantee, such as 
equipment and supply purchases, may be eligible, but must be reviewed 
by the grantee and FEMA RA. Indirect costs incurred by the grantee 
during the administration of a grant are allowed in accordance with the 
provisions of 44 CFR part 13 and OMB Circular A-87; subgrantees may not 
claim indirect administrative costs.
    Because FEMA will not approve project worksheets under $1000, 
administrative costs reported on project worksheets must total $1,000 
or more to be eligible for Public Assistance reimbursement. See 44 CFR 
204.52(c)(5).
    Subgrantees must submit all of their project worksheets to the 
grantee for review. The grantee determines the deadline for subgrantees 
to submit completed project worksheets, but the deadline must be no 
later than 6 months from the close of the incident period.\6\ At the 
request of the grantee, the FEMA RA may grant an extension of up to 3 
months for the submission of the project worksheet. The grantee must 
include a justification in its request for an extension. See 44 CFR 
204.52(c).
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    \6\ The incident period is the time interval during which the 
declared fire occurs.
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    The grantee submits the subgrantee project worksheets to the FEMA 
RA as part of its grant application. See 44 CFR 204.51(b)(4) and 
204.52(c). The grantee should submit its grant application within 9 
months of the FMAG declaration. See 44 CFR 204.51(a)(2). Upon receipt 
of a written request from the grantee, the Regional Administrator may 
grant an extension for up to 3 months. The grantee's request must 
include a justification for the extension. See 44 CFR 204.51(a).

II. The Proposed Rule

    On March 7, 2013, FEMA published a Notice of Proposed Rulemaking 
(78 FR 14740), which proposed to lengthen the potential extension for 
the grantee's submission of its grant application to FEMA from up to 3 
months to up to 6 months of the declaration. The proposed rule also 
proposed to lengthen the potential extension for a subgrantee to submit 
a project worksheet from up to 3 months to up to 6 months. These 
proposed deadline extensions provide increased flexibility to 
applicants who may benefit from additional time to prepare the 
documentation necessary to support a grant application and may reduce 
or eliminate financial losses due to delayed invoices by third parties 
that exceed the maximum 3-month deadline extension. In addition, FEMA 
proposed to exempt project worksheets claiming only administrative 
costs from the $1,000 minimum. This would allow entities with only a 
small amount of administrative costs to be reimbursed for those costs.
    FEMA also proposed to make additional minor administrative changes 
to its FMAG regulations to reflect current statutory and regulatory 
requirements and clarify grant application procedures. These 
administrative changes included:

    a. Changing the regulatory text to clarify the current 
regulatory language that suggests that FMAG grants are approved 
before local governments submit their project worksheets. Local 
governments submit their project worksheets to the State and the 
State submits all the project worksheets to FEMA as part of the 
grant application package. See 44 CFR 204.51 and 205.52.
    b. Changing the regulatory text from stating that grantees 
``should'' submit their grant

[[Page 63542]]

application within 9 months of the fire incident to stating they 
``must'' submit the grant application within 9 months of the fire 
incident. See 44 CFR 204.51(a)(2). FEMA proposed this change because 
the deadline has never been optional.
    c. Adding to the regulatory text to state explicitly that the 
request for extensions and justifications for project worksheets 
must be in writing. This is a non-substantive change that mirrors 
the requirement in 44 CFR 204.51 that the grantee must provide 
justifications in writing for its request for a time extension to 
submit grant applications. Further, the current regulations already 
require subgrantees to request an extension and provide a 
justification in its request for an extension but FEMA did not state 
that the request be in writing when it promulgated the current 
regulations. See 44 CFR 204.52(c)(3).
    d. Clarifying that project worksheets will not be accepted after 
the regulatory deadline, or after the extension if the grantee or 
subgrantee asked for an extension
    e. Clarifying that FMAG administrative costs are not part of 
management costs. See 44 CFR 204.63. FEMA reimburses FMAG direct and 
indirect administrative costs in accordance with 44 CFR part 13 
rather than 44 CFR part 207 which addresses management costs.
    f. Removing references to OMB forms, the definition of ``we, 
our, us'' and making format changes
    g. Removing the word ``including,'' this was a typographical 
error, from the list of reimbursable equipment costs.
    h. Removing Part 206, subpart L, Fire Suppression Assistance, 
because the FMAG program replaced the Fire Suppression Assistance 
Program.

FEMA proposed these administrative changes and changes in nomenclature 
to clarify its FMAG regulations.

III. Discussion of Public Comments

    FEMA received six comments on the proposed rule; five were 
favorable and one was unrelated to the proposed rule.

A. General

    The comments were generally supportive of the proposed rule, 
finding the proposed changes were ``timely'' and ``welcome,'' and that 
the addition of 3 months to the extension process and the elimination 
of the $1,000 minimum for administrative costs were both good 
improvements.
1. FEMA's Dissemination of Information
    One commenter requested that FEMA review its method of 
disseminating information to the public. This commenter stated that 
there was very little knowledge of FEMA's proposed revisions among 
State forestry agencies throughout the United States.
    FEMA takes note of this comment and will include Other Federal 
Agencies (OFA) in future communications. In addition, FEMA will query 
OFAs involved with the program to determine the best ways to notify 
State forestry agencies of FMAG activities and communications. FEMA has 
also ensured a robust external affairs roll out to notify stakeholders 
prior to publication of the final rule.
    In another comment, the commenter stated that the cost thresholds 
for the FMAG program are rarely updated in an efficient manner and are 
difficult to locate, which leads to additional work in submitting a 
request for assistance for potential applicants. FEMA notes that the 
individual and cumulative cost thresholds are adjusted for inflation 
annually in January using the Consumer Price Index for All Urban 
Consumers published by the United States Department of Labor. FEMA 
sends the individual and cumulative cost thresholds via electronic 
communication to every FMAG program contact in the FEMA regions, 
usually at the end of January or beginning of February, for wider 
dissemination to its stakeholders. In addition, FEMA has updated its 
Web site to make this information more available and accessible. A link 
to the FMAG cost thresholds for Fiscal Year (FY) 2014 can be found on 
the FEMA Web site at: http://www.fema.gov/policies-and-publications.
2. Request To Modify Forms and Required Data
    One commenter suggested that FEMA consider modifying its data 
requirements and forms associated with submitting a request for an FMAG 
declaration. The commenter stated that request for an FMAG declaration 
is currently structured to accommodate a western fire where the impact 
is concentrated over a large single geographic area, rather than in the 
context of multiple fires in multiple regions of a State and varied 
impacts and environments.
    FEMA's forms, and the associated data necessary to complete FEMA's 
forms, address one fire. FEMA acknowledges that gathering the necessary 
data to support a FMAG request for multiple fires within the regulatory 
timeframe can be a challenge. FEMA will look into this further, and if 
it decides to pursue the issue, will do so in a separate mechanism. 
FMAG declarations operate on a 24-hour real-time basis and are 
frequently conducted over the telephone with written follow-up. The 
Governor of a State or the Governor's Authorized Representative submits 
a request for a fire management assistance declaration to the FEMA RA 
while the fire is burning uncontrolled and threatening such destruction 
as would constitute a major disaster. See 44 CFR 204.22. The RA gathers 
the State's information, and calls upon a Principal Advisor for a 
technical assessment of the fire. See 44 CFR 204.23. Using all 
available data and information, the RA develops a Regional summary and 
recommendation, and makes a decision to approve or deny the declaration 
request. See 44 CFR 204.24. The request is approved or denied based on 
the conditions that existed at the time of the request and whether the 
fire or fire complex threatens such destruction as would constitute a 
major disaster. See 44 CFR 204.21 and 44 CFR 204.24.
3. Definition of ``Fire Complex''
    Another comment suggested that FEMA revise the FMAG fire complex 
definition to accommodate a variety of organizational frameworks that 
fulfill the objective of effectively managing fire(s). FEMA understands 
the position that multiple smaller fires may pose the same or 
equivalent threat of a major disaster that a single large fire 
presents. The FMAG Program currently provides assistance for a single 
large fire or a fire complex that is managed by a single incident 
commander. The scenario of multiple smaller fires in a wide geographic 
area being regionally managed has not been brought forward to FEMA's 
knowledge. FEMA uses four criteria to evaluate the threat posed by a 
fire or fire complex. These criteria include: (1) Threat to lives and 
improved property, including threats to critical facilities/
infrastructure, and critical watershed areas; (2) availability of State 
and local \7\ firefighting resources; (3) high fire danger conditions, 
as indicated by nationally accepted indices such as the National Fire 
Danger Ratings System; and (4) potential major economic impact. See 44 
CFR 204.21. This recommendation is outside the scope of this 
rulemaking, but FEMA will take it under consideration in any future 
revisions to the FMAG program.
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    \7\ Sandy Recovery Improvement Act of 2013, Public Law 113-2, 
section 103, 42 U.S.C. 5123, states that any reference in this Act 
to `State and local,' `State or local,' `State, and local,' `State, 
or local,' or `State, local' (including plurals) with respect to 
governments or officials is deemed to refer also to Indian tribal 
governments and officials, as appropriate.
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    One commenter requested that the FMAG process provide better 
allowance for the use of a ``fire complex'' structure of management in 
which multiple fires on a local level are managed collectively by a 
central incident management organization based out of a regionally 
located office. Again, this comment is

[[Page 63543]]

outside the scope of this rulemaking, but FEMA will take the comment 
under consideration to determine if the current definition of a fire 
complex is appropriate.
4. Better Recognition of State Forest Fire Suppression
    One comment suggested that the FMAG Program better recognize the 
organization structure of State forestry fire suppression throughout 
the eastern United States. FEMA understands that fire suppression 
organizational structures in the eastern part of the country vary from 
other organizational structures in mountainous areas in much of the 
western United States and vary from fire suppression structures needed 
in the large grassland areas in the Midwest. Based on FEMA data, FEMA 
believes the FMAG Program, in its current form, adequately recognizes 
and is responsive to all fire suppression organization structures. From 
2006 to 2013, there were over 500 FMAG declared fires in the United 
States. In that same period of time there were 9 major disaster 
declarations for wild land fires. Since FMAGs are limited to those 
fires that threaten a major disaster, this data shows that the FMAG 
Program is successful how it is currently structured and administered. 
Unless presented with additional information, we do not anticipate 
modifying the existing program structure.

B. Deadline Extensions

    In the proposed rule, FEMA proposed to revise 44 CFR 204.52(c)(3) 
to allow the FEMA RA to grant up to a 6-month extension for a 
subgrantee to submit the project worksheet. The current regulations 
allow for a maximum 3-month extension. In addition, FEMA proposed to 
lengthen the 3-month deadline extension for the grantee's submission of 
its grant application to FEMA in 44 CFR 204.51(a)(2) to a maximum 6-
month extension.
1. General Support
    Commenters supported this change, citing various reasons. One 
commenter supported the change because of limited staffing in States 
that experience the majority of fires, and the additional time would 
allow the reporting of all costs, especially after large, lengthy or 
multiple fires. Another commenter noted that the additional 3-month 
extensions for grantees and subgrantees were especially needed during a 
``significant'' fire season. Another commenter noted that the change 
would ease the burden on local governments to submit all the necessary 
information on time to maintain eligibility for FMAG funds.
2. Consistency of FMAG and Public Assistance
    One commenter stated that while the extended time period was 
positive, the general framework of the FMAG and Public Assistance 
programs should be consistent and cost effective. While outside the 
scope of this rulemaking, FEMA notes that it does agree with this 
comment and when possible the FMAG program and other Public Assistance 
programs are aligned and use the same or similar policies. For example, 
the purchase of supplies and equipment that are necessary to respond to 
the declared fire may be an eligible FMAG cost. The grantee or 
subgrantee, however, may be required to compensate FEMA for the fair 
market value of the equipment and supplies when the items are no longer 
needed for fire suppression activities. This is consistent with Public 
Assistance eligibility criteria found in FEMA Policy No. 9525.12, 
Disposition of Equipment, Supplies and Salvaged Materials, which 
provides guidance at http://www.fema.gov/pdf/government/grant/pa/9525_12.pdf. However, due to the different nature of wildfires from 
other disasters, the FMAG program has its own regulations. See 44 CFR 
Part 204. There are different time requirements as specified in those 
regulations.
3. Common Practice
    One commenter stated that the proposed time extensions have already 
been a common FEMA practice. FEMA notes that this rulemaking codifies 
current practice, which FEMA has been implementing since 2002. FEMA's 
goal for these changes is to create a regulatory mechanism for granting 
extensions and avoid the need to routinely grant extensions beyond the 
regulatory limit, which is a significant administrative burden not only 
to the applicant but to FEMA and the State or Indian Tribal government. 
By extending the deadlines, the regulations better reflect reality and 
the actual time needed to submit an FMAG application or project 
worksheet.
4. Additional Time Extensions
    One commenter suggested that FEMA incorporate a provision to allow 
the FEMA RA to grant additional time extensions if necessary as a 
result of delayed third party billings from Federal agencies. Another 
commenter raised the concern that even with the proposed changes many 
local governments will need additional extensions to take into account 
delays experienced by local jurisdictions in obtaining cost/invoices 
for air assets provided to the local jurisdiction to the incident under 
contract with Federal agencies. FEMA understands that delayed third 
party billings are an issue with some grants, especially with OFA. The 
United States Forest Service has recently implemented a software 
upgrade program (Financial Management Modernization Initiative) that is 
intended to expedite billings. FEMA expects this to eliminate delayed 
billings so this should not be an issue once fully implemented. In 
addition, when FEMA drafted its proposed rulemaking, FEMA looked into 
this option as an alternative to the proposed changes. However, to 
ensure consistent time extension determinations, FEMA set a time frame 
for the extensions.

C. Elimination of the $1,000 Project Worksheet Minimum for 
Administrative Costs

    FEMA currently does not allow reimbursement for a project worksheet 
that totals less than $1,000. In the proposed rule, FEMA proposed to 
revise 44 CFR 204.52(c)(5) to indicate that the $1,000 project 
worksheet minimum does not apply to project worksheets that are limited 
to allowable administrative costs as defined in 44 CFR 204.63. This is 
a substantive change, and ensures that grantees and subgrantees are 
reimbursed for all eligible administrative expenses.
    Three commenters supported this proposed change. One commenter 
stated that due to current rule limitations and without this revision, 
many small entities are unable to recover these costs. This revision 
would allow small entities to be reimbursed for their administrative 
efforts regardless of the amount. Another commenter acknowledged that 
this proposed change would allow for full reimbursement of all eligible 
administrative costs. Finally, a commenter welcomed this change for 
FMAG as many of the smaller jurisdictions have not been able to obtain 
reimbursement for their direct administrative costs since the costs 
tend to fall well below $1,000.

IV. Regulatory Analysis

A. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory

[[Page 63544]]

approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget has not 
reviewed this rule.
Summary
    This rule does not impose mandatory costs on grantees and 
subgrantees. This rule does provide the RA with increased flexibility 
to assist grantees and subgrantees who submit FMAG applications and 
whose circumstances warrant an extension. In addition, the exemption 
from the $1,000 project worksheet minimum will allow grantees and 
subgrantees not previously reimbursed for eligible program 
administrative expenses to receive additional compensation from FEMA 
and the Disaster Relief Fund. FEMA estimates this exemption will 
transfer between $10,000 and $50,000 in administrative costs over the 
next 10 years (undiscounted) from grantees and subgrantees to FEMA.
Total Costs and Benefits of This Rule
    There are no direct monetary costs associated with the increased 
extensions identified in the rule. The cost of existing requirements 
(i.e., grant application submission) has the potential to be shifted, 
but not changed, by this rule. However, an extension may indirectly 
impact a grantee's or subgrantee's cash flow. For instance, if funds 
needed to reimburse fire suppression services (per a mutual aid fiscal 
agreement) are delayed due to an extension, then a grantee will have to 
use alternative means to avoid a budgetary shortfall. Regardless, it is 
the grantee's choice whether or not to apply for an extension and the 
grantee will need to consider if it is more beneficial to expend extra 
efforts to submit its FMAG application without an extension or to find 
alternative means to cover any associated shortfalls. Based on previous 
FMAG application submittals, FEMA expects approximately twenty 6-month 
grantee extensions to be granted over the next 10 years. As is current 
practice (44 CFR 204.52(c)(3)), subgrantee extensions are at the 
request of the grantee. Our estimate of grantee extensions includes any 
subgrantee extension requests that may be included as part of the 
grantee's request. A grantee request may cover multiple subgrantee 
extensions.
    The exemption from the $1,000 project worksheet minimum for those 
project worksheets submitted only to claim administrative costs will 
transfer eligible administrative costs from grantees and subgrantees to 
FEMA and the Disaster Relief Fund. This will allow grantees and 
subgrantees not previously reimbursed for eligible program 
administrative expenses to receive compensation. FEMA subject matter 
experts from FEMA's Recovery Directorate estimate an average of one to 
five such project worksheets will be submitted each year. FEMA assumes 
for this analysis that the cost of such project worksheets will be 
$1,000. The resulting total additional transfer to grantees and 
subgrantees, over 10 years, ranges between $10,000 and $50,000 
(undiscounted).
    Benefits of the rule include increased flexibility to grantees and 
subgrantees for submitting their respective applications. A longer 
application period may also allow applicants to use lengthier but more 
cost efficient grant application preparation methods. The rule will 
also more accurately reflect the operational and administrative demands 
of the FMAG grant process. In addition, the rule's nonsubstantive 
modifications will improve regulatory clarity.
Retrospective Review
    To facilitate the periodic review of existing regulations, 
Executive Order 13563 requires agencies to consider how best to promote 
retrospective analysis of rules that may be outmoded, ineffective, 
insufficient, or excessively burdensome, and to modify, streamline, 
expand, or repeal them in accordance with what has been learned. The 
Executive Order requires agencies to issue a retrospective review plan, 
consistent with law and the agency's resources and regulatory 
priorities, under which the agency will periodically review its 
existing significant regulations to determine whether any such 
regulations should be modified, streamlined, expanded, or repealed so 
as to make the agency's regulatory program more effective or less 
burdensome in achieving the regulatory objectives. Review of FEMA's 
existing FMAG regulations revealed that they could be modified to 
provide for greater flexibility for FEMA to account for extenuating 
circumstances that may delay applications. Therefore, FEMA is 
increasing available extension times by 3 months for both grantee and 
subgrantee FMAG submissions. In addition, FEMA has decided to expand 
coverage of administrative costs by exempting the $1,000 project 
worksheet minimum for those project worksheets submitted only to claim 
eligible program administrative costs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121), requires Federal agencies to consider the 
potential impact of regulations on small businesses, small governmental 
jurisdictions, and small organizations during the development of their 
rules. As this rule imposes no direct monetary cost, FEMA certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities. FEMA notes that public comment on 
the proposed rule suggested this rule could especially benefit small 
entities. Commenters stated that small entities and smaller 
jurisdictions would now be able to recover full reimbursement for all 
eligible administrative costs as their direct administrative costs 
tended to fall below the previous $1,000 threshold.

C. Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13 (44 U.S.C. 3501 et seq.), as amended, an agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection of information displays 
a valid OMB control number.
    This rule contains collections of information that are subject to 
review by OMB under the PRA. The information collections included in 
this rule are approved by OMB under control numbers 1660-0058, Fire 
Management Assistance Grant Program, which expires on October 31, 2014, 
and 1660-0025, FEMA Emergency Preparedness and Response Directorate 
Grants Administration Forms, which expires on September 30, 2017. There 
is no new information collections included in this rule.

D. Executive Order 13132, Federalism

    Executive Order 13132, Federalism, 64 FR 43255 (Aug. 10, 1999), 
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, on the relationship between the national government and 
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

[[Page 63545]]

policymaking discretion of the States, and to the extent practicable, 
must consult with State and local officials before implementing any 
such action. This rule involves no policies that have federalism 
implications under Executive Order 13132.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal 
agencies to assess the effects of their discretionary regulatory 
actions that may result in the expenditure by a State, local, or Tribal 
government, in the aggregate, or by the private sector of $100,000,000 
(adjusted for inflation) or more in any one year. The Unfunded Mandates 
Reform Act, however, does not apply to regulations that provide for 
emergency assistance or relief at the request of any State, local, or 
Tribal government or any official of a State, local, or Tribal 
government (2 U.S.C. 1503). FMAGs are provided upon the request of the 
State. In addition, FEMA has determined that this rule will not result 
in the expenditure by State, local, and Tribal governments, in the 
aggregate, nor by the private sector, of $100 million or more in any 
one year as a result of a Federal mandate, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

F. 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 (Feb. 16, 1994), as amended by Executive Order 
12948, 60 FR 6381 (Feb. 1, 1995), FEMA incorporates environmental 
justice into its 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 our programs, 
denying persons the benefits of our programs, or subjecting persons to 
discrimination because of their race, color, or national origin.
    No action that FEMA can anticipate under this rule will have a 
disproportionately high or adverse human health and environmental 
effect on any segment of the population. Accordingly, the requirements 
of Executive Order 12898 do not apply to this rule.

H. Executive Order 12988, Civil Justice Reform

    FEMA has reviewed this rule under Executive Order 12988, Civil 
Justice Reform, 61 FR 4729 (Feb. 7, 1996). This rule meets applicable 
standards to minimize litigation, eliminate ambiguity, and reduce 
burden.

I. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, 65 FR 67249 (Nov. 9, 2000), applies to agency 
regulations that have Tribal implications, that is, regulations that 
have substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes. Under this Executive Order, to the extent 
practicable and permitted by law, no agency shall promulgate any 
regulation that has Tribal implications, that imposes substantial 
direct compliance costs on Indian Tribal governments, and that is not 
required by statute, unless funds necessary to pay the direct costs 
incurred by the Indian Tribal government or the Tribe in complying with 
the regulation are provided by the Federal Government, or the agency 
consults with Tribal officials. FEMA has determined that this rule does 
not have Tribal implications and does not impose substantial direct 
compliance costs on Indian Tribal governments. The FMAG program is a 
voluntary grant program in which Indian Tribes may participate as 
grantees or subgrantees; the program provides monetary assistance to 
Indian Tribes, and does not affect the relationship between the Federal 
Government and Indian Tribes or the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

J. National Environmental Policy Act

    FEMA did not prepare an environmental assessment as defined by the 
National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 
852 (Jan. 1, 1970)(42 U.S.C. 4321 et seq.), as amended, because a 
categorical exclusion applies to this rulemaking action. This rule 
deals with the FMAG program, which is categorically excluded from the 
preparation of an environmental impact statement under 44 CFR 
10.8(d)(2)(xix)(N). Further, no extraordinary circumstances exist 
requiring the need to develop an environmental assessment or 
environmental impact statement. See 44 CFR 10.8(d)(3).

L. Congressional Review of Agency Rulemaking.

    FEMA has sent this final rule to the Congress and to the Government 
Accountability Office under the Congressional Review of Agency 
Rulemaking Act, (``Congressional Review Act''), Public Law 104-121, 110 
Stat. 873 (Mar. 29, 1996) (5 U.S.C. 804). This rule is not a ``major 
rule'' within the meaning of the Congressional Review Act.

List of Subjects

44 CFR Part 204

    Administrative practice and procedure, Fire prevention, Grant 
programs, Reporting and recordkeeping requirements.

44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community 
facilities, Disaster assistance, Fire prevention, Grant programs-
housing and community development, Housing, Insurance, 
Intergovernmental relations, Loan programs-housing and community 
development, Natural resources, Penalties, Reporting and recordkeeping 
requirements.
    For the reasons stated in the preamble, the Federal Emergency 
Management Agency amends 44 CFR parts 204 and 206 as follows:

PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM

0
1. Revise the authority citation for part 204 to read as follows:

    Authority:  42 U.S.C. 5121 through 5207; 6 U.S.C. 101 et seq.; 
Department of Homeland Security Delegation 9001.1.


Sec.  204.1  [Amended]

0
2. Remove the words ``We (FEMA)'' and add, in their place, the word 
``FEMA''.
0
3. In Sec.  204.3--
0
a. In the definition of ``Applicant'', remove the word ``us'' and add, 
in its place, the word ``FEMA'';
0
b. In the definition of ``Hazard mitigation plan'', remove the words 
``We address'', and add, in their place, the words ``FEMA addresses'';
0
c. In the definition of ``Performance period'', remove ``(Standard Form 
424)'' and ``in block 13'';
0
d. In the definition of ``Project worksheet'', remove the words ``FEMA 
Form 90-91, which identifies'', and add,

[[Page 63546]]

in their place, the words ``The form which identifies'';
0
e. Remove the definitions of ``FEMA Form 90-91'', ``Request for Federal 
Assistance'', ``Standard Form (SF) 424'', and ``We, our, us''; and
0
f. Add a definition of ``Application for Federal Assistance'' in 
alphabetical order to read as follows:


Sec.  204.3  Definitions used throughout this part.

* * * * *
    Application for Federal Assistance. The form the State submits to 
apply for a grant under a fire management assistance declaration.
* * * * *


Sec.  204.21  [Amended]

0
4. In Sec.  204.21--
0
a. In paragraphs (a) and (b) introductory text, remove the word ``We'' 
and add, in its place, the word ``FEMA''; and
0
b. In paragraph (a), after the word ``complex'', add the words ``on 
public or private forest land or grassland''.


Sec.  204.22  [Amended]

0
5. In Sec.  204.22, remove the word ``we'' and add, in its place, the 
word ``FEMA''; and remove ``(FEMA Form 90-58)''.


Sec.  204.25  [Amended]

0
6. In Sec.  204.25(b), remove the word ``we'' and add, in its place, 
the word ``FEMA''.


Sec.  204.42  [Amended]

0
7. In Sec.  204.42--
0
a. In paragraph (b)(1), after the word ``safety'', remove the comma and 
add, in its place, a period, and remove ``including:'';
0
b. In paragraphs (b)(5) and (f), remove the word ``We'' and add, in its 
place, the word ``FEMA''; and
0
c. In paragraph (b)(5), remove the words ``we determine'' and add, in 
their place, the words ``FEMA determines''.


Sec.  204.51  [Amended]

0
8. In Sec.  204.51--
0
a. In paragraph (a), remove the space after the word ``Administrator''; 
and remove the phrase ``SF 424 (Request for Federal Assistance) and 
FEMA Form 20-16a (Summary of Assurances--Non-construction Programs)'' 
and add, in its place, the phrase ``Application for Federal Assistance 
and Summary of Assurances--Non-construction Programs'';
0
b. In paragraph (a)(2), remove the word ``should'' and add, in its 
place, the word ``must''; and remove the number ``3'' and add, in its 
place, the number ``6'';
0
c. In paragraphs (b)(1) and (b)(5), remove the word ``We'' and add, in 
its place, the word ``FEMA'';
0
d. In paragraphs (b)(1) and (d), remove the word ``we'' and add, in its 
place, the word ``FEMA'';
0
e. In paragraph (b)(1), remove the word ``determine'', and add, in its 
place, the word ``determines'', and
0
f. In paragraph (d), after the words ``Regional Administrator'', remove 
the space wherever they appear; and remove the word ``approve'', and 
add, in its place, the word ``approves''.
0
9. In Sec.  204.52--
0
a. In paragraph (b)(1), remove ``(FEMA Form 90-91)'';
0
b. In paragraph (c)(1), remove the words ``amendments to'' and add, in 
their place, the words ``part of''; and
0
c. Revise paragraphs (a)(1) and (c)(3), (4), and (5) to read as 
follows:


Sec.  204.52  Application and approval procedures for a subgrant under 
a fire management assistance grant.

    (a) Request for Fire Management Assistance. (1) State, local, and 
tribal governments interested in applying for fire management 
assistance subgrants must submit a Request for Fire Management 
Assistance subgrant to the Grantee in accordance with State procedures 
and within timelines set by the Grantee, but no longer than 30 days 
after the close of the incident period.
* * * * *
    (c) * * *
    (3) At the request of the Grantee, the Regional Administrator may 
extend the time limitations in this section for up to 6 months when the 
Grantee justifies and makes a request in writing.
    (4) Project Worksheets will not be accepted after the deadline in 
paragraph (c)(2) of this section has expired, or, if applicable, after 
an extension specified by the Regional Administrator in paragraph 
(c)(3) of this section has expired.
    (5) $1,000 Project Worksheet minimum. When the costs reported are 
less than $1,000, that work is not eligible and FEMA will not approve 
that Project Worksheet. This minimum threshold does not apply to 
Project Worksheets submitted for the direct and indirect costs of 
administration of a fire grant, as defined in Sec.  204.63.


Sec.  204.53  [Amended]

0
10. In Sec.  204.53(a), remove the word ``us'' and add, in its place, 
the word ``FEMA''.


Sec.  204.54  [Amended]

0
11. In Sec.  204.54--
0
a. In the introductory paragraph, remove the words ``we make'' and add, 
in their place, the words ``FEMA makes''; and
0
b. In paragraph (a), after the words ``Regional Administrator'', remove 
the space wherever it appears.


Sec.  204.62  [Amended]

0
12. In Sec.  204.62--
0
a. In paragraphs (a), (b), (c), and (d), remove the word ``We'' 
wherever it appears and add, in its place, the word ``FEMA'';
0
b. In paragraph (a), remove the word ``provide'' and add, in its place, 
the word ``provides'';
0
c. In paragraph (c), remove the word ``consider'' and add, in its 
place, the word ``considers'';
0
d. In paragraph (d), remove the word ``incur'' and add, in its place, 
the word ``incurs'';
0
e. In paragraphs (c) and (d), remove the word ``we'' and add, in its 
place, the word ``FEMA''; and
0
f. In paragraphs (a), (b), and (d), remove the word ``us'' wherever it 
appears and add, in its place, the word ``FEMA''.
0
13. In Sec.  204.63--
0
a. In paragraphs (a) and (b), remove the word ``We'' and add, in its 
place, the word ``FEMA'';
0
b. Add a new paragraph (c) to read as follows:


Sec.  204.63  Allowable costs.

* * * * *
    (c) Management costs as defined in 44 CFR part 207 do not apply to 
this section.


Sec.  204.64  [Amended]

0
14. In Sec.  204.64(a), remove ``(FEMA Form 20-10)''.

PART 206--FEDERAL DISASTER ASSISTANCE

0
15. The authority citation for part 206 continues to read as follows:

    Authority:  Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C. 
5189a note).

Subpart L--[Removed and Reserved]

0
16. Remove and reserve subpart L, consisting of Sec. Sec.  206.390 
through 206.399.

    Dated: October 9, 2014.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-24802 Filed 10-23-14; 8:45 am]
BILLING CODE 9111-23-P


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