[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Rules and Regulations]
[Pages 11236-11239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4415]




[[Page 11235]]

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Part IV





Federal Emergency Management Agency





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44 CFR Part 152



Arson Prevention Act of 1994--State Grants; Final Rule

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

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.

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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


Sec. 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.


Sec. 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.


Sec. 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 [[Page 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


Sec. 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.


Sec. 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 
[[Page 11238]] 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.


Sec. 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 Sec. 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 Sec. 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 Sec. 152.4(a), will be 
reviewed against the competitive evaluation criteria detailed in 
Sec. 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 Sec. 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.


Sec. 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 Sec. 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.


Sec. 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 [[Page 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.


Sec. 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


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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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