[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Rules and Regulations]
[Pages 9142-9154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4388]



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Part VI





Federal Emergency Management Agency





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44 CFR Part 152



Assistance to Firefighters Grant Program; Final Rule

  Federal Register / Vol. 67, No. 39 / Wednesday, February 27, 2002 / 
Rules and Regulations  

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 152

RIN 3067-AD21


Assistance to Firefighters Grant Program

AGENCY: U.S. Fire Administration (USFA), Federal Emergency Management 
Agency (FEMA).

ACTION: Interim final rule with request for comments.

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SUMMARY: We, FEMA, are publishing this interim final rule to provide 
new guidance on our program to make grants directly to fire departments 
of a State for the purpose of enhancing their ability to protect the 
health and safety of the public as well as that of firefighting 
personnel facing fire and fire-related hazards. The grants will be 
awarded on a competitive basis to the applicants that address the 
program's priorities, demonstrate financial need, and maximize the 
benefit to be derived from the grant funds.

DATES: This interim final rule is effective February 27, 2002. We 
invite comments on this interim final rule, which we should receive by 
April 29, 2002.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office 
of the General Counsel, Federal Emergency Management Agency, room 840, 
500 C Street, SW., Washington, DC 20472. Comments may also be 
transmitted via fax to (202) 646-4536 or email to [email protected].

FOR FURTHER INFORMATION CONTACT: Brian Cowan, Director, Grants Program 
Office, U.S. Fire Administration, Federal Emergency Management Agency, 
room 304, 500 C Street, SW., Washington, DC 20472, or call 1-866-274-
0960, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This interim final rule provides guidance on 
the administration of grants made under the Federal Fire Protection and 
Control Act of 1974 (15 U.S.C. 2201 et seq.), as amended by the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2002, 
Public Law 107-73. In fiscal year 2002, Congress appropriated a total 
of $360,000,000 to carry out the activities of this Assistance to 
Firefighters Grant Program. We have until September 30, 2002, to 
obligate $150,000,000 of the total and we must obligate the 
$210,000,000 balance by September 30, 2003.
    The purpose of the program is to award grants directly to fire 
departments of a State for the purpose of enhancing their ability to 
protect the health and safety of the public, as well as that of 
firefighting personnel, facing fire and fire-related hazards.
    We will award the grants on a competitive basis to the applicants 
that (1) address the program's priorities, and (2) demonstrate 
financial need and adequately demonstrate the benefit to be derived 
from their projects. For the purpose of this program, ``State'' is 
defined as the fifty States, the District of Columbia, Puerto Rico, the 
U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands. We will provide the chief executives of the 
States with information concerning the total number and dollar amount 
of awards made to fire departments in their States.
    Eligible applicants for the Assistance to Firefighters Grant 
Program are limited to fire departments of a State as defined herein. A 
``fire department of a State'' is defined as an agency or organization 
that has a formally recognized arrangement with a State, local or 
tribal authority (city, county, parish, fire district, township, town 
or other governing body) to provide fire suppression, fire prevention 
and/or rescue services to a population within a fixed geographical 
area. A fire department can apply for assistance for its emergency 
medical services unit provided the unit falls organizationally under 
the auspices of the fire department.
    Fire departments, which are Federal, or contracted by the Federal 
government and who are solely responsible under their formally 
recognized arrangement for suppression of fires on Federal 
installations, are not eligible for this grant program. Fire 
departments or fire stations that are not independent but are part of, 
or controlled by a larger fire department or agency are typically not 
eligible. Fire departments that are for-profit departments (i.e., do 
not have specific non-profit status or are not municipally based) are 
not eligible to apply for assistance under this program. Also not 
eligible for this program are ambulance services, rescue squads, 
auxiliaries, dive teams, urban search and rescue teams, fire service 
organizations or associations, and State/local agencies such as a 
forest service, fire marshal, hospitals, and training offices.
    Congress included in the legislation a list of fourteen activities 
eligible for funding under this program. In the first year of the 
program, because of the limited amount of time to establish the new 
program, we elected to limit the number of eligible activities to six 
(Training, Wellness and Fitness, Firefighting Equipment, Personal 
Protective Equipment, Firefighting Vehicles, and Fire Prevention 
Programs) for fiscal year 2001. After the completion of awards in 
fiscal 2001, we recognized that there remains an overwhelming need in 
these six areas. Congress also recognized this need in the conference 
committee report on FY 2002 appropriations bill for Veterans Affairs, 
Housing and Urban Development and Independent Agencies (signed into law 
as Pub. L. 107-73). Specifically, Congress encouraged us to also 
consider making grants in the area of emergency medical services, but 
expansion into other categories should be considered only after 
substantial progress has been made in addressing the needs associated 
with the original six activities. As such, we will limit the eligible 
activities to those funded last year (i.e., Training, Wellness and 
Fitness, Firefighting Equipment, Personal Protective Equipment, 
Firefighting Vehicles, and Fire Prevention Programs) but expand the 
eligible activities for fiscal year 2002 to include one new activity, 
fire department based Emergency Medical Services.
    While the 2002 program largely parallels last year's program, we 
are instituting a programmatic approach to project formulation under 
the grant program this year in order to create a more responsive and 
flexible grant program that addresses a broader range of fire 
department needs. Applicants may apply for a number of activities 
within one grant proposal that address all of their needs within a 
programmatic or functional area. The programs, and associated 
activities, eligible for this year's grant program are as follows:
    (a) Fire Operations and Firefighter Safety Program. Eligible 
activities under this function are Training, Wellness and Fitness, 
Firefighting Equipment, and Personal Protective Equipment.
    (b) Fire Prevention Program. Eligible activities under this 
function include, but are not limited to Public Education and 
Awareness, Enforce Fire Codes, Inspector Certification, Purchase and 
Install Smoke Alarms, and Arson Prevention and Detection.
    (c) Emergency Medical Services Program. Eligible activities under 
this function are Equipment and Training. Vehicles are not eligible in 
this programmatic area.
    (d) Firefighting Vehicle Acquisition Program. Eligible apparatus 
under this program include, but are not limited to, pumpers, brush 
trucks, tankers, rescue, ambulances, quints, aerials, foam units, and 
boats.

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    Applicants seeking funding from this grant program in fiscal year 
2002 may apply for assistance in only one of the four programmatic 
areas listed above. Within the programmatic areas, applicants may 
develop a comprehensive program that addresses their needs by applying 
for as many of the eligible activities as necessary within the areas 
listed. For example, if a fire department determines that it has needs 
in the area of fire operations, that fire department could apply for 
any one of the activities, or any combination of activities, or all of 
the activities listed within that program. But if a department wants a 
vehicle, it would have to apply under the vehicle program.
    Eligible applicants will apply for this program on-line via FEMA's 
new electronic (e-grant) application process. (While we encourage all 
applicants to apply on-line, we will again be accepting paper 
applications. Details about how to submit a paper application can be 
found later in this section of the interim final rule or on the U.S. 
Fire Administration's website: www.usfa.fema.gov). The e-grant 
application consists of electronic versions of FEMA's grant forms. The 
application will also have some questions that are designed to provide 
general, generic information about the applicant. Then, the application 
will also have activity-specific questions for each activity that the 
applicant plans to implement with the grant funds. Included with the 
activity-specific questions, the applicants will be asked to provide 
details concerning the various budget items necessary to accomplish 
their proposed projects. The last piece of the application is the 
project narrative in which the applicant provides a detailed 
description of their planned activity or activities, the applicant's 
financial need, and the benefits to be derived from the costs of the 
activity.
    We anticipate 20,000 to 25,000 fire departments will apply for 
assistance in this second year of the grant program. Out of the 20,000 
to 25,000 applicants, we anticipate awarding approximately 4,000 
grants. However, due to the length of time that it will take us to make 
these awards, we anticipate that approximately half of these awards 
will be made before September 30, 2002. The balance of the awards will 
have to be made before September 30, 2003.
    In selecting applications for award, we will evaluate each 
application for assistance independently based on established applicant 
eligibility criteria, program priorities, the financial needs of the 
applicant, and an analysis of the benefits that would result from the 
grant award. In the initial screening of the applications, every 
application will be evaluated based on the answers to the activity-
specific questions. The applications that most closely address the 
Assistance to Firefighters Grant Program's established priorities will 
be deemed to be in the ``competitive range'' and subject to a second 
level of review. This second level of review is conducted using 
technical review panels (made up of individuals from the fire service 
or fire service organizations) that assess the application's merits 
with respect to the detail provided in the narrative about the project, 
the applicant's financial need, and the project's purported benefit to 
be derived from the cost. At least three technical evaluation panelists 
will independently score each application and then discuss the merits/
shortcomings of the application in order to reconcile any major 
discrepancies. A consensus on the score is not required. The scores of 
the panelists will be added together, and then divided by the number of 
panelists to arrive at the final score of the application. The highest 
scoring applications will then be considered for award. We will provide 
equal consideration to all applications in each evaluation phase, 
regardless of the program applied for and regardless of complexity of 
the proposal.
    In order to fulfill our obligations under the law, after making 
funding decisions using rank order as a preliminary basis, we must 
ensure that grants are made to a variety of fire departments. The law 
requires a specific distribution of grant funds between career 
departments and combination/volunteer fire departments. Specifically, 
we must ensure that fire departments that have either all-volunteer 
forces of firefighting personnel or combined forces of volunteer and 
career firefighting personnel receive a portion of the total grant 
funding that is not less than the proportion of the United States 
population that those departments protect. According to a 2000 survey 
by the National Fire Protection Association, volunteer and combination 
departments protect 55 percent of the population of the United States 
and career departments protect 45 percent of the population. Therefore, 
the target distribution of funds is 45 percent for career departments 
and 55 percent for volunteer/combination departments.
    We also will ensure variety in terms of the size and character of 
the community it serves (urban, suburban, or rural), and the geographic 
location of the fire department. In these instances where we are making 
decisions based on geographic location, we will use States as the basic 
geographic unit. Geographic location of an applicant will be used 
primarily as a final discriminator. In cases where applicants have 
similar qualifications, we may use the geographic location of the 
applicants to maximize the diversity of the awardees.
    For this year's grant program, we will issue the Request for 
Application (RFA) packages on or about March 1, 2002. The application 
will be available on FEMA's newly created e-grant system and accessible 
from the FEMA and USFA Internet homepages. Although we do not encourage 
the use of paper applications, paper applications will be available for 
applicants that do not have access to the Internet.
    Complete application packages must be submitted electronically or 
otherwise received by us on or before the close of business (5 p.m. 
EST) on April 1, 2002. Applications submitted by mail must be post-
marked by March 25, 2002, or received by us on or before close of 
business (5 p.m. EST) on April 1, 2002. We will not accept late 
applications.
    The automated grant application system has features built into it 
that will guarantee that the application is complete when submitted. We 
will not accept incomplete applications submitted by mail.
    Eligible applicants can access an electronic version of the 
application form at the FEMA/USFA website (www.usfa.fema.gov). If an 
applicant does not have access over the Internet to the FEMA/USFA 
websites, the applicant may contact us directly to request a copy via 
mail. Although we do not recommend it due to inherent delays and 
relatively short application period, those applicants interested in 
receiving an application in the mail can (1) submit their request to 
USFA Grant Program Technical Assistance Center, 16825 South Seton 
Avenue, Emmitsburg, Maryland, 21727-8998, (2) phone 866-274-0960, or 
(3) e-mail us at [email protected]. Applicants not using the 
automated e-grant system should complete and submit their applications 
to us at USFA Grant Program Technical Assistance Center, 16825 South 
Seton Avenue, Emmitsburg, Maryland, 21727-8998. Faxed applications will 
not be considered.
    For last year's program, we solicited comments on both the 
collection and on the rule. We received no comments on the collection, 
but we received twelve (12) comments on the rule. Four comments were 
specific to the eligibility of certain items of expense and two were 
specific to the eligibility of certain types of applicants. All 
concerns over

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eligibility have been addressed via clearer guidance and definitions in 
this year's rule. One of the eligibility comments dealt with our 
perceived policy not to fund quints or aerials. The rule indicated that 
we would not afford a positive competitive standing for ladder or 
aerials apparatus. We believe this comment was prompted by the author's 
belief that these types of apparatus were not eligible, but in fact 
they were competitive, but not as competitive as some other types of 
apparatus due to their cost. This position will carry into the second 
year of the program but it is better explained in this year's guidance. 
Two comments were concerned about cost-share and funding levels, 
respectively, and these comments have been addressed by clearer 
guidance in this year's rule.
    One comment concerned the perception that providing a preference to 
fire departments without equipment over fire departments with obsolete 
equipment gives an advantage to new, start-up departments over other 
needy departments. While this point is true, we believe there are many 
departments in existence that are fighting fires without basic 
equipment, therefore, we did not change this policy.
    Lastly, we had a comment on direct-delivery training. Specifically, 
the comment concerned the fact that weekend and evening training is not 
easily achieved via direct delivery because the trainers from the State 
training office typically work Monday through Friday during workday 
hours. The comment went further to state that most fire departments 
have training officers that need materials and equipment to deliver the 
training. Our response to this comment is that providing a training 
officer the necessary resources to deliver training for his department 
(and neighboring departments) is precisely the applicant that we wish 
to fund.
    In addition to the grants available to fire departments in fiscal 
year 2002, we may also use up to $10,000,000 of the funds available 
under the Assistance to Firefighter Grant Program in order for us to 
make grants to, or enter into contracts or cooperative agreements with, 
national, State, local or community organizations or agencies, 
including fire departments, for the purpose of carrying out fire 
prevention and injury prevention programs.
    In accordance with statutory requirement, our support to Fire 
Prevention activities will concentrate on organizations that focus on 
the prevention of injuries to children from fire. In addition to this 
priority, we are also placing an emphasis on funding projects that 
focus on protecting the U.S. Fire Administration (USFA)-identified 
high-risk populations, i.e., children under fourteen, seniors over 
sixty-five, and firefighters. Since the unfortunate victims of burns 
experience both short- and long-term physical and psychological 
effects, we are also placing a priority on programs that focus on 
reducing the immediate and long-range effects of fire and burn 
injuries, and primarily those affecting children.
    We invite letters of interest from States, U.S. Territories or 
national, tribal, local and community organizations that wish to be 
considered for the funding of fire prevention programs in this and 
future years, pending authorization and appropriation. Letters of 
interest should describe in general terms the content and context of 
proposed activities. The letters of interest should be received at the 
mailing address noted below no later than April 30, 2002.
    Please submit letters of interest to: Brian Cowan, Assistance to 
Firefighters Grant Program, USFA/FEMA, room 304, Federal Center Plaza, 
500 C Street SW., Washington DC 20472, Attention: Special Prevention 
Grants.

Administrative Procedure Act Determination

    We are publishing this interim final rule without opportunity for 
prior public comment under the Administrative Procedures Act (APA), 5 
U.S.C. 553. In accordance with 5 U.S.C. 553(d)(3), we find that there 
is good cause for the interim final rule to take effect immediately 
upon publication in the Federal Register in order to comply with Public 
L. 106-398, which requires us to award the grants no later than 
September 30, 2002. We invite comments from the public on this interim 
final rule. Please send comments to FEMA in writing on or before April 
29, 2002. After we have reviewed and evaluated the comments we will 
publish a final rule as required by the APA.

National Environmental Policy Act

    This rule is excluded from the preparation of an environmental 
assessment or environmental impact statement under 44 CFR 
10.8(d)(2)(i), (ii), (iii), (v), and (vi).

E.O. 12898, Environmental Justice

    Under Executive Order 12898, ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations,'' 59 FR 7629, February 16, 1994, agencies must undertake 
to incorporate environmental justice into their policies and programs. 
The Executive Order requires each Federal agency to conduct its 
programs, policies, and activities that substantially affect human 
health or the environment, in a manner that ensures that those 
programs, policies, and activities do not have the effect of excluding 
persons from participation in, denying persons the benefits of, or 
subjecting persons to discrimination in those programs, policies, and 
activities because of their race, color, or national origin. No action 
that we can anticipate under this interim final rule will have a 
disproportionately high and adverse human health and environmental 
effect on any segment of the population. In addition, the interim final 
rule does not impose substantial direct compliance costs on those 
communities. Accordingly, the requirements of Executive Order 12898 do 
not apply to this interim final rule.

E.O. 12866, Regulatory Planning and Review

    OMB has determined that this rule is a significant regulatory 
action under Executive Order 12866, 58 FR 51735, October 4, 1993. A 
significant regulatory action is subject to OMB review and the 
requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    This proposed rule sets out our administrative procedures for 
making grants under the Assistance to Firefighter Grant Program. We 
expect to award approximately $345,000,000 in grants under this program 
in this second year. With cost sharing, we expect the total value of 
all grants to be in the $395,000,000 to $400,000,000 range. Therefore, 
we conclude this rule is a significant action. Therefore, OMB has 
determined that this rule is a ``significant regulatory action'' under 
the terms of Executive Order 12866. In

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light of this finding, we set forth the following regulatory impact 
analysis.
    The proposed rule would facilitate the issuance of grants to local 
fire departments in the following programmatic areas: Fire operations 
and firefighter safety, fire prevention, emergency medical services, 
and firefighting vehicles. As mandated by section 1701(b) of Public Law 
106-398, we are conducing a study with National Fire Protection 
Association to determine the effectiveness of this program in 
responding needs of the fire service. That study is scheduled to be 
competed this year. As required, we will submit that report to 
Congress; it will also be available to the general public. Although we 
do not currently have quantitative studies to measure the envisaged 
effects of the program, we have determined that the funding distributed 
under this program will have an immediate, lasting, and positive affect 
on the safety of the communities served by the recipient fire 
departments, as well as on the safety of the firefighters themselves.
    Congress included in the legislation a list of fourteen activities 
eligible for funding under this program. We could have chosen to fund 
all fourteen activities. However, in the first year of the program, 
Fiscal Year 2001, because of the limited amount of time to establish 
the new program, we elected to limit the number of eligible activities 
to six (Training, Wellness and Fitness, Firefighting Equipment, 
Personal Protective Equipment, Firefighting Vehicles, and Fire 
Prevention Programs). FEMA and nine fire service organizations 
identified these activities as those that would be most beneficial to 
the public given the cost constraints of the program. After the 
awarding of the 2001 grants, we found that there remained an 
overwhelming need in these six activities. Therefore, we have decided 
to limit the program to these six activities and one new activity, fire 
department based Emergency Medical Services, which has also been 
identified as a program with overwhelming need.
    The Office of Management and Budget has reviewed the interim final 
rule under Executive Order 12866.

Paperwork Reduction Act

    Concurrent with the publication of this interim final rule, we are 
submitting a request for emergency review and approval of a new 
collection of information, which is contained in this interim final 
rule. We are seeking emergency approval of the Paperwork Reduction Act 
requirements in order to collect supplemental information from each 
applicant. Although we have made some changes to the application 
process based on the experience of last year, the information 
collection is substantially similar to last year. We will use the 
supplemental information included in grant application packages to 
evaluate the eligibility and merits of each request for funding. The 
supplementary information augments the screening and referral forms 
used by the grants administration program in determining whether 
applicants meet basic eligibility requirements.
    We submitted this request to the Office of Management and Budget 
(OMB) for approval under the emergency processing procedures in OMB 
regulations 5 CFR 1320.13, and OMB approved this collection of 
information for use through August 31, 2002, under OMB Number 3067-
0285.
    We expect to follow this emergency request with a request for OMB 
approval to continue the use of this collection of information for a 
term of three years. The request will be processed under OMB's normal 
clearance procedures in accordance with provisions of OMB regulation 5 
CFR 1320.10. To help us with the timely processing of the emergency and 
normal clearance submissions to OMB, we invite the general public to 
comment on the proposed collection of information. This notice and 
request for comments complies with the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)).

Collection of Information

    Title: Assistance to Firefighters Grant Program  Grant Application 
Supplemental Information.
    Type of Information Collection: Revisions of a currently Approved 
Collection OMB Number: 3067-0285.
    Forms: Forms for the above fire grant program functions may be 
developed and made available to grant applicants. FEMA's grant 
administration forms are approved under OMB number 3067-0206, which 
expires February 29, 2004. The forms are SF 424, Request for Federal 
Assistance; FEMA Form 20-10, Financial Status Report; FEMA Form 20-20, 
Budget--Non Construction; FEMA Form 20-16, Summary of Assurances; SF-
LLL, Lobbying Disclosure; and SF 270, Request for Advance or 
Reimbursement; SF 1199A, Direct Deposit Sign-Up Form and Performance 
Reports.
    The supplemental information that FEMA is proposing to request is 
as follows:
    (1) General questions asked of all applicants.
    (a) Other than the individual listed on the SF-424, who in your 
department could we contact with regards to this grant?
    (b) Are you a fire department or an authorized representative of a 
fire department?
    (c) Are you a Federal fire department or contracted by the Federal 
government and solely responsible under a formally recognized 
arrangement for suppression of fires on Federal property?
    (d) What kind of fire department are you: (i) Paid/career; (ii) 
volunteer; or (iii) combination?
    (e) What percentage of your department's firefighting staff is 
career?
    (f) What is the square mileage of your department's first-due 
response area?
    (g) What is the permanent resident population of your department's 
first-due response area?
    (h) Is your department located in an urban, suburban or rural 
setting?
    (i) How many active firefighters are in the fire and EMS operations 
divisions of your department?
    (j) How many stations are in your department?
    (k) What is your department's average response time within the 
department's first-due response area?
    (l) What services does your department provide?
    (m) What percentage of your annual operating budget is for 
personnel?
    (n) What percentage of your budget comes from: taxes, State or 
Federal grants, donations, and/or fund raising drives?
    (o) List the types of firefighting vehicles you have in your fleet 
and the year those vehicles were manufactured. If you have more than 
two vehicles in any one category (i.e., pumper, tanker, brush), tell us 
the total number of vehicles in the category and the year the oldest 
and newest vehicle was manufactured.
    (p) Over the last three years, what was the average annual number 
and type of incidents that your department responds to?
    (q) Over the last three years, what was the average annual number 
of fire fatalities in your first-due response area?
    (r) Over the last three years, what was the average annual number 
of times you received mutual/automatic aid?
    (s) Over the last three years, what was the average annual number 
of times you provided mutual/automatic aid?
    (t) Are you willing to comply with the grant program's cost-share 
requirement?
    (u) Do you currently report to the national fire incident reporting 
system NFIRS)?
    (v) If no, will you report if you are awarded a grant?
    (2) Questions for Applicants Applying for the Fire Operations and 
Firefighter Safety Program

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    (a) Training Activities:
    (i) Is the training planned under this grant direct-delivery 
training or off-site training?
    (ii) What is the percentage of eligible staff within your 
department who will receive this training?
    (iii) This training: will fulfill a statutory requirement; will 
achieve voluntary compliance with a national standard; or does not have 
a statutory basis or trade standard.
    (iv) Is this training you are seeking: basic training for 
firefighters; officer training (either supervisory or safety officer); 
specialized training; or other?
    (v) Will this training be used primarily for Rapid Intervention 
Teams (RITs)?
    (b) Wellness and Fitness Activities
    (i) Do you have a wellness/fitness program at your department?
    (ii) Do you currently offer, or will this grant program provide, 
entry physical examinations?
    (iii) Do you currently offer, or will this grant program provide, a 
job-related immunization program?
    (iv) Including entry-level physicals and immunizations, what does 
your existing wellness/fitness program currently offer and what will 
your program offer during the grant year (i.e., entry physical 
examination, annual physical examination, job related immunization 
program, health screening program, formal fitness and injury prevention 
program, crisis management program, employee assistance program, 
incident rehabilitation program, injury/illness rehabilitation, or 
other)?
    (v) Will participation in the wellness/fitness program be 
mandatory?
    (vi) Do you, or will you, offer incentives to participate in the 
program?
    (c) Personal Protective Equipment Acquisition
    (i) What types of personal protective equipment do you propose to 
acquire?
    (ii) How many units?
    (iii) What is the cost per unit?
    (iv) What percentage of your active firefighting staff has this 
specific type of personal protective equipment that meets current NFPA 
and OSHA standards?
    (v) If you are proposing to purchase PASS devices, what type of 
PASS devices?
    (vi) Are you seeking this grant to: equip your firefighting staff 
for the first time; replace obsolete or sub-standard equipment; or 
equip your staff for a new mission?
    (vii) Will this training be used primarily for Rapid Intervention 
Teams (RITs)?
    (d) Firefighting Equipment Acquisition
    (i) What types and amounts of equipment will your department 
purchase with this grant?
    (ii) How much does each piece of proposed equipment cost?
    (iii) The equipment purchased under this grant program: is 
necessary for basic firefighting capabilities, but has never been owned 
by the department; will replace old, obsolete, or substandard equipment 
owned by the department; or will expand the capabilities of the 
department into a new mission.
    (iv) The equipment purchased under this grant program: will bring 
the department into statutory compliance; will bring the department 
into voluntary compliance with a national standard; or has no statutory 
basis or and is not a national standard.
    (v) Will the equipment purchase under this grant program benefit 
the health and safety of the firefighters and/or the community?
    (vi) Will this training be used primarily for Rapid Intervention 
Teams (RITs)?
    (3) Questions for Applicants Applying for the Fire Prevention 
Program
    (i) Does your department currently have a fire prevention program/
plan?
    (ii) Will the grant: (1) Establish a new program; (2) expand an 
existing program into new areas; or (3) augment an existing fire 
prevention program?
    (iii) In what areas do you plan on using these fire prevention 
grant funds: public education programs; purchase and installation of 
residential/public detection and suppression systems (that address 
USFA-targeted risks, i.e., children under the age of fourteen, seniors 
over sixty-five years of age and firefighters); development/enforcement 
of codes; public information materials; presentation aids and 
equipment; or other?
    (iv) Is your program based on specific USFA operational or 
performance objectives?
    (v) Will this program utilize partnerships with other organizations 
or groups in your community?
    (vi) Who is your target audience: USFA-identified target (children 
under the age of fourteen, seniors over sixty-five years of age and 
firefighters), or other high-risk population?
    (vii) Will this program be sustained beyond the grant period?
    (viii) Will your department periodically evaluate the program's 
impact on the community?
    (4) Questions for Applicants Applying for the Emergency Medical 
Services (EMS) Program
    (a) EMS Equipment.
    (i) What EMS equipment will your department buy?
    (ii) How many units?
    (iii) What is the cost per unit?
    (iv) Why are you asking for the equipment?
    (v) Will this equipment bring you into compliance with State or 
Federal standards/regulations?
    (vi) What level of patient care is currently provided by your 
department and to what level of care will this equipment bring your 
department?
    (b) EMS Training.
    (i) What type of training will you conduct?
    (ii) What level of patient care is currently provided by your 
department and to what level of proficiency will you be training your 
personnel?
    (5) Questions for Applicants Applying in the Firefighting Vehicle 
Acquisition Program
    (a) What type of vehicle will you use the grant money to purchase?
    (b) The purpose of this grant is to: (i) Obtain additional vehicle 
for fleet, (ii) move an older unit to reserve fleet or retire an old 
vehicle, (iii) refurbish an old vehicle, or (iv) purchase a new vehicle 
to fulfill a new mission.
    (c) How many vehicles of the type you are proposing to replace or 
purchase does your department own?
    (d) What is the newest primary response vehicle in this class that 
you own?
    (e) What is the oldest response vehicle in this class that you own?
    (f) What is the mileage on the primary response vehicle you are 
proposing to replace?
    (g) What are the average numbers of responses per year for the 
primary response vehicle you are proposing to replace?
    Project Narrative: Each application must include a narrative 
statement not to exceed five pages. The narrative should contain a 
detailed description of the proposed project and its budget, a 
statement that demonstrates the financial need of the fire department 
and a statement that details the benefits to be derived by your 
department and/or community from the expenditure of grant funding for 
the purposes of competitive evaluation and rating. The section in the 
narrative that discusses the applicants financial need should include 
information on the extent to which the applicant has been able to 
secure financial assistance from any Federal agency for programs or 
activities similar to those applied for under this grant program.
    Applicants that need assistance in formulating the justification or 
narrative statement required by this program may contact us for 
technical assistance. We will also place information and

[[Page 9147]]

technical assistance onto the FEMA/USFA websites. Our Technical 
Assistance Center's toll free number is 866-274-0960, our email address 
is [email protected], and our website addresses are www.fema.gov and 
www.usfa.fema.gov.
    Abstract: The supplemental information will correspond to the 
preliminary evaluation criteria. The information will be submitted by 
grant applicants who apply for funding under the Assistance to 
Firefighters Grant Program authorized by Congress in fiscal year 2001. 
The information collected will be used to evaluate each of the 20,000 
to 25,000 anticipated applications objectively to verify eligibility 
and to determine which of the proposed projects most closely address 
the established program priorities and which applicants have the 
greatest needs. The information will also be used to determine which 
projects offer the highest benefits for the costs incurred and the 
information will be used to ensure that FEMA's responsibilities 
mandated in the legislation are fulfilled accurately and efficiently. 
FEMA will also use the information to ensure that funds are distributed 
to volunteer and career departments consistent with the mandates of 
Congress. Additionally, we seek to ensure variety in awarding grants to 
urban, suburban, and rural fire departments and, among states.
    Estimated Annual Burden Hours: The annual burden hours for this 
collection of information range from 335,998 to 421,081 hours with an 
average of 378,540 annual burden hours.

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Grant Applicants:
    SF-424 Application Facesheet  20,000 to 25,000..  0.75 hr. 45         15,000 to 18,750.
                                                       minutes.
    FEMA Form 20-20 Budget Non-   20,000 to 25,000..  9.7 hrs. or 9       194,000 to
     Construction.                                     hours 42 min.       242,500.
    FEMA Form __, Project         20,000 to 25,000..  2.0 hrs...........  40,000 to 50,000..
     Narrative.
    FEMA Form 20-16 Summary of    20,000 to 25,000..  1.7 hrs. 1 hr 42    34,000 to or
     Assurances.                                       min.                42,500.
    SF-LLL Lobbying Disclosure..  20,000 to 25,000..  0.1666 hr. or 10    3,332 to 4,165.
                                                       minutes.
    Grant Application             20,000 to 25,000..  1.0 hr............  20,000 to 25,000.
     Supplemental Program
     Information--General
     Questions for all
     Applicants.
        Sub-Total
            Range...............  20,000 to 25,000..    ................  306,332 to
                                                                           382,915.
            Avg.................  22,500............  15.32 hrs.........  344,624...........  $5,169,360
    Grant Application
     Supplemental Program
     Information--Specific
     Questions (Applicants May
     Choose Only One Activity)
     Vehicle Acquisition  9,000 to 13,000...  0.5...............  4,500 to 6,500
                                                                           avg. 5,500.
     Firefighting         9,000 to 13,000...  1.0...............  9,000 to 13,000
     Operations and Safety.                                                avg. 11,000.
     Emergency Medical    2,000 to 4,000....  0.5...............  1,000 to 2,000
     Services.                                                             avg. 1,500.
     Fire Prevention      1,000 to 2,000....  0.5...............  500 to 2,000 avg.
     Programs.                                                             1,250.
                                    ................  ..................  15,000-23,500 avg.  $288,750
                                                                           19,250.
Grantee Collections/Reporting:
    Payment Document SF-270.....  4,000  x  2         1.0...............  8,000.
                                   responses.
    Direct Deposit Form SF-1199a  4,000.............  0.1666 hr. or 10    666.
                                                       minutes.
    SF 20-10 Financial Status     4,000.............  1.0...............  4,000.
     Report.
    Final Performance Report (as  4,000.............  0.5...............  2,000.
     required by the Articles of
     Agreement).
----------------------------------------------------------------------------------------------------------------

    This collection of information uses forms approved by OMB under 
FEMA's Grants Administration Program requirements under OMB Number 
3067-0206, which expires February 29, 2004.
    Estimated Cost to the Respondents: The estimated average cost of 
this collection is $5,678,100 ($15.00 per hour  x  378,540 hours). This 
information collection is a grant application, therefore, the frequency 
of response for all forms, except the SF-270, is only once per year. 
The SF-270 will average twice per year per grantee and that is factored 
into the burden hours.
    Comments: We solicit written comments to: (a) Evaluate whether the 
proposed data collection is necessary for the proper performance of the 
agency, including whether the information will have practical utility; 
(b) evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information; (c) obtain recommendations to 
enhance the quality, utility, and clarity of the information to be 
collected; and (d) evaluate the extent to which automated, electronic, 
mechanical, or other technological collection techniques may further 
reduce the respondents' burden. OMB should receive comments by March 
29, 2002. FEMA will continue to accept comments through April 29, 2002.
    Addressee: Interested persons should submit written comments to the 
Desk Officer for the Federal Emergency Management Agency, Office of 
Management and Budget, Office of Information and Regulatory Affairs, 
725 17th Street, NW, Washington, DC 20503 by March 29, 2002. FEMA will 
continue to accept comments through April 29, 2002. Those written 
comments on the collection of information, including the burden 
estimate, should be sent to Muriel B. Anderson, Chief, Records 
Management Section, Program Services and Systems Branch, Facilities 
Management and Services Division, Administration and Resources Planning 
Directorate, Federal Emergency

[[Page 9148]]

Management Agency, 500 C Street, SW., room 316, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: You may obtain copies of the OMB 
paperwork clearance package by contacting Ms. Anderson at (202) 646-
2625 (voice), (202) 646-3524 (facsimile), or by e-mail at 
[email protected].

Executive Order 13132, Federalism

    This Executive Order sets forth principles and criteria that 
agencies must adhere to in formulating and implementing policies that 
have federalism implications, that is, regulations that have 
substantial direct effects on the States, or on the distribution of 
power and responsibilities among the various levels of government. 
Federal agencies must closely examine the statutory authority 
supporting any action that would limit the policymaking discretion of 
the States, and to the extent practicable, must consult with State and 
local officials before implementing any such action.
    We have reviewed this interim final rule under the threshold 
criteria of Executive Order 13132, Federalism. We have determined that 
the rule does not have federalism implications as defined by the 
Executive Order. The rule sets out our administrative procedures for 
making grants available for fire departments to enhance their ability 
to protect the health and safety of the public and that of their 
firefighting personnel facing fire and fire-related hazards. The rule 
does not significantly affect the rights, roles, and responsibilities 
of States, and involves no preemption of State law, nor does it limit 
State policymaking discretion.

Congressional Review of Agency Rulemaking

    We have sent this final rule to the Congress and to the General 
Accounting Office under the Congressional Review of Agency Rulemaking 
Act, 5 USC 801 et seq. The rule is a ``major rule'' within the meaning 
of that Act. It will result in an annual effect on the economy of 
$100,000,000 or more. The rule sets out our administrative procedures 
for making grants available for eligible applicants, i.e., fire 
departments, to enhance their ability to protect the health and safety 
of the public as well as that of the firefighting personnel facing fire 
and fire-related hazards. We expect to award approximately $345,000,000 
in grants under this program. With cost sharing, we expect the total 
value of all grants to be in the $390,000,000 to $400,000,000 range.
    In compliance with section 808(2) of the Congressional Review of 
Agency Rulemaking Act, 5 U.S.C. 808(2), for good cause we find that 
notice and public procedure on this final rule are impractical, 
unnecessary, or contrary to the public interest due to the requirements 
of Public Law 107-73, which requires us to award at least $150,000,000 
in grants no later than September 30, 2002. (The balance of the 
available funding, $210,000,000 will be awarded before September 30, 
2003.) In order to comply with this statutory mandate, we need to begin 
accepting applications no later than March 1, 2002. We invite comments 
from the public on this interim final rule. Accordingly, this final 
rule is effective February 27, 2002.

Unfunded Mandates Reform Act

    The rule is not an unfunded Federal mandate within the meaning of 
the Unfunded Mandates Reform Act of 1995, 2 USC 1501 et seq., and any 
enforceable duties that we impose are a condition of Federal assistance 
or a duty arising from participation in a voluntary Federal program.

List of Subjects in 44 CFR Part 152

    Assistance to Firefighters Grant Program.

    Accordingly, we revise part 152 of 44 CFR chapter I, to read as 
follows:

PART 152--ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

Sec.
152.1  Purpose and eligible uses of grant funds.
152.2  Definitions.
152.3  Availability of funds.
152.4  Roles and responsibilities.
152.5  Review process and evaluation criteria.
152.6  Application review and award process.
152.7  Grant payment, reporting and other requirements.
152.8  Application submission and deadline.
152.9  Technical or procedural error.

    Authority: 15 U.S.C. 2201 et seq.; Pub.L. 107-73, 115 Stat. 688.


Sec. 152.1  Purpose and eligible uses of grant funds.

    (a) This competitive grant program will provide funding directly to 
fire departments of a State for the purpose of enhancing the 
department's ability to protect the health and safety of the public, as 
well as that of firefighting personnel, facing fire and fire-related 
hazards. In order to achieve this stated intent we invite fire 
departments to apply for assistance in any one (1) of the four (4) 
program areas described in paragraphs (a)(1) through (4) of this 
section.
    (1) Fire Operations and Firefighter Safety Program. Appropriate 
activities under this program area include: Training, Wellness and 
Fitness, Firefighting Equipment and Personal Protective Equipment. 
Applicants can apply for as many related activities under this function 
as necessary.
    (i) Training Activities: (A) Training firefighting personnel in 
fire-fighting, emergency response, supervision and safety, arson 
prevention and detection, handling of hazardous materials, or training 
firefighting personnel to provide training in any of these areas. 
Eligible uses of training funds include but are not limited to purchase 
of training curricula, training equipment and props including trailers, 
training services, attendance at formal training forums, etc. Tow 
vehicles or other means of transport may be eligible as a 
transportation expense if adequately justified in the proposal, but 
transportation expenses will be limited to $6,000 per year. 
Compensation to volunteer firefighters for wages lost as a result of 
attending training under this program is an eligible expense if 
justified in the grant proposal. Overtime expenses paid to career 
firefighters to attend training, or overtime expenses paid to 
firefighters to cover for their colleagues while their colleagues are 
in training, is an eligible expense if justified in the grant proposal. 
Even though compensation is an eligible expense, proposals that contain 
such compensation expenses may be less favorable than similar proposals 
without compensation expenses due to the benefit/cost element in the 
evaluation process.
    (B) Activities that are not eligible in this area include 
construction of facilities such as classrooms, buildings, towers, etc. 
Modifications to an existing facility are allowable if the 
modifications involve only minor renovation as defined herein (i.e., 
limited to minor interior alterations costing less than $10,000).
    (ii) Wellness and Fitness Activities:
    (A) Establishing and/or equipping wellness and fitness programs for 
firefighting personnel, including the procurement of medical services 
to ensure that the firefighting personnel are physically able to carry 
out their duties (purchase of medical equipment is not eligible under 
this activity). Expenses to carry out wellness and fitness activities 
that include costs such as personnel (i.e., health-care consultants, 
trainers, and nutritionists), physicals, equipment (including 
shipping), supplies, and other related

[[Page 9149]]

contract services that are directly associated with the implementation 
of the proposed activity are eligible.
    (B) Transportation expenses and fitness club memberships for the 
firefighters or their families would not be eligible under the wellness 
and fitness program. Other activities that are not eligible in this 
area include construction of facilities to house a fitness program such 
as exercise or fitness rooms, showers, etc. Modifications to an 
existing facility are allowable if the modifications involve only 
renovations as defined herein (i.e., limited to minor interior 
alterations costing less than $10,000).
    (iii) Firefighting Equipment Acquisition: (A) Acquiring additional 
firefighting equipment, including equipment needed directly for fire 
suppression or to enhance the safety or effectiveness of firefighting 
or rescue activities. Compressor systems, cascade systems, or similar 
SCBA refill systems are eligible expenditures in this area as are 
individual communications and accountability systems. The cost of 
shipping equipment purchased under this program is also an eligible 
expense. Thermal imaging cameras are eligible but the number of cameras 
that can be purchased with grant funds will be limited based on the 
population served by the department applying for assistance. 
Departments that serve communities of less than 20,000 can purchase one 
thermal imaging camera with grant funds if awarded a grant; departments 
serving communities between 20,000 and 50,000 can purchase for two 
cameras with grant funds if awarded a grant; and, departments serving 
communities of over 50,000 can purchase three cameras with grant funds 
if awarded a grant. Portable radios and/or mobile communications 
equipment (including mobile repeaters) are eligible.
    (B) Integrated communications systems (or parts thereof), such as 
computer-aided dispatch, towers, repeaters, etc., are not eligible 
under this activity. Vehicles, as defined herein, are not eligible 
under this activity.
    (iv) Personal Protective Equipment Acquisition: (A) Acquiring 
personal protective equipment required for firefighting personnel as 
approved by the Occupational Safety and Health Administration, and 
other personal protective equipment for firefighting personnel to 
enhance their operational safety. Eligible personal protective 
equipment includes clothing such as ``Turnout Gear'' or ``Bunker Gear'' 
(including boots, pants, coats, gloves, hoods, goggles, vests, and 
helmets), self-contained breathing apparatus, spare cylinders, and 
personal alert safety systems.
    (B) The purchase of three-quarter length rubber boots is an 
ineligible expenditure under this activity. Uniforms (formal/parade or 
station/duty) or uniform items (hats, badges, etc.) are also not 
eligible expenditures under this activity.
    (2) Fire Prevention Programs. (i) Applicants can apply for as many 
related activities under this function as necessary. Appropriate 
activities in this program include: Public Education, Public Awareness, 
Enforcing Fire Codes, Inspector Certification, Purchase and Install 
Smoke Alarms, and Arson Prevention and Detection Activities. Eligible 
expenses to carry out these activities would include costs such as fire 
education safety trailer, personnel, transportation, equipment, 
supplies, and contracted services which are directly associated with 
the implementation of the proposed activity. Tow vehicles or other 
means of transport may be eligible as a transportation expense if 
adequately justified in the proposal, but transportation expenses will 
be limited to $6,000 per year.
    (ii) Construction is not eligible under this program. A safety 
village that is not transportable would be considered construction, and 
therefore, not eligible.
    (3) Emergency Medical Services Program. (i) Applicants can apply 
for as many related activities under this function as necessary. 
Appropriate activities in this program are training (instructional 
costs (i.e., books, materials, equipment, supplies, and exam fees), 
certification/re-certification expenses, and continuing education 
programs) and equipment (defibrillators, basic and advanced life 
support equipment, universal precaution supplies (i.e., medical PPE) 
mobile and portable communication equipment, computers, expendable 
supplies, and infectious disease control and decontamination systems). 
Tow vehicles or other means of transport may be eligible as a 
transportation expense if adequately justified in the proposal, but 
transportation expenses will be limited to $6,000 per year.
    (ii) Not eligible in this program are vehicles such as ambulances, 
medications and integrated communication systems (or parts thereof), 
such as computer aided dispatch, towers, fixed repeaters, etc.
    (4) Firefighting Vehicles Program. Eligible apparatus under this 
function includes, but is not limited to, pumpers, engines, brush 
trucks, tankers, rescue, ambulances, quints, aerials, foam units, and 
boats. Applicants may apply for only one vehicle under this program per 
year. Eligible expenses under this program would include the cost of 
the vehicle and associated equipment necessary to conform to applicable 
national standards. Due to their cost, aerials and quints have a lower 
benefit than pumpers, engines, tankers, and brush trucks. New, used or 
refurbished vehicles are eligible. Custom vehicles are eligible, but 
they may not be as favorably evaluated as a lower costing commercial 
vehicle. An allowance for transportation to inspect a vehicle under 
consideration or during a vehicle's production would be eligible if 
included in the grant proposal.
    (b) Other Costs. (1) Administrative costs are allowable under any 
of the program areas listed in paragraph (a)(1) through (4) of this 
section in accordance with OMB Circular A-87. (See 5 CFR 1510.3 for 
availability of OMB circulars.) Applicants may apply for administrative 
costs if the costs are directly related to the implementation of the 
program for which they are applying. Applicants must list their costs 
under the ``other'' category in their budget and explain what the costs 
are for in their project narrative. Examples of eligible administrative 
costs would be shipping, computers, office supplies, etc.
    (2) Applicants that have an approved indirect cost rate may charge 
indirect costs to the grant if they submit the documentation that 
supports the rate to us. We will allow the rate to be applied as long 
as it is consistent with its established terms. For example, some 
indirect cost rates may not apply to capital procurements; in this 
case, indirect cost rates would not apply for a grant to purchase 
equipment or a vehicle.
    (3) Some applicants with large awards may be required to undergo an 
audit in accordance with OMB Circular A-133, specifically, any 
recipient of Federal funding that spends in excess of $300,000 of those 
funds in a year. The costs incurred for such an audit would be an 
expenditure that is eligible for reimbursement if included in the 
budget proposal.
    (4) The panelists will review the applications that make it into 
the competitive range and judge each application on its own merits. The 
panelists will consider all expenses budgeted, including administrative 
and indirect, as part of the cost-benefit determination.


Sec. 152.2  Definitions.

    Active firefighter is a member of a fire department or organization 
in good

[[Page 9150]]

standing that is qualified to respond to and extinguish fires or 
perform other fire department emergency services and has actively 
participated in such activities during the past year.
    Career department is a fire suppression agency or organization in 
which all active firefighters are assigned regular duty shifts and 
receive financial compensation for their services rendered on behalf of 
the department.
    Combination department is a fire suppression agency or organization 
in which at least one active firefighter receives financial 
compensation for his/her services rendered on behalf of the department 
and at least one active firefighter does not receive financial 
compensation for his/her services rendered on behalf of the department 
other than life/health insurance, workmen's compensation insurance, 
length of service awards, pay per-call or per-hour, or similar token 
compensation.
    Construction is the creation of a new structure or any modification 
of the footprint or profile of an existing structure. Changes or 
renovations to an existing structure that do not change the footprint 
or profile of the structure but exceed either $10,000 or 50 percent of 
the value of the structure, are also considered construction. Changes 
that are less than $10,000 and/or 50 percent of the value of the 
structure are considered renovations.
    Direct delivery of training is training conducted within a training 
organization's own jurisdiction using the organization's own resources 
(trainers, facilities, equipment, etc.).
    Fire department or fire department of a State is an agency or 
organization that has a ``formally recognized arrangement'' with a 
State, local or tribal authority (city, county, parish, fire district, 
township, town, or other non-Federal governing body) to provide fire 
suppression, fire prevention and rescue services within a fixed 
geographical area.
    (1) A fire department can apply for assistance for its emergency 
medical services unit provided the unit falls organizationally under 
the auspices of the fire department.
    (2) Fire departments that are Federal, or contracted by the Federal 
government and whose sole responsibility is suppression of fires on 
Federal installations, are not eligible for this grant program. Fire 
departments or fire stations that are not independent but are part of, 
or controlled by a larger fire department or agency are typically not 
eligible. Fire departments that are for-profit departments (i.e., do 
not have specific non-profit status or are not municipally based) are 
not eligible to apply for assistance under this program. Also not 
eligible for this program are ambulance services, rescue squads, 
auxiliaries, dive teams, urban search and rescue teams, fire service 
organizations or associations, and State/local agencies such as a 
forest service, fire marshal, hospitals, and training offices.
    Firefighter see the definition of Active firefighter in this 
section.
    First-due response area is a geographical area in proximity to a 
fire or rescue facility and normally served by the personnel and 
apparatus from that facility in the event of a fire or other emergency 
as the first responders.
    Formally recognized arrangement is an agreement between the fire 
department and a local jurisdiction such that the jurisdiction has 
publicly deemed that the fire department has the first-response 
responsibilities within a fixed geographical area of the jurisdiction. 
Often this agreement is recognized or reported to the appropriate State 
entity with cognizance over fire department such as registration with 
the State Fire Marshal's office or the agreement is specifically 
contained in the fire department's or jurisdiction's charter.
    Integrated communication systems and devices are equipment or 
systems for dispatch centers or communication infrastructure. Examples 
of these include 911 systems, computer-aided dispatch systems, global 
positioning systems, towers, fixed repeaters, etc.
    New mission is a first-responder function that a department has 
never delivered in the past or that was once delivered but has since 
been abandoned by the department due to the lack of funding or 
community support. Examples include technical search and rescue, 
emergency medical services, hazardous materials response, etc. A new 
mission does not include services already provided from existing 
facilities. Opening additional stations to provide similar services 
would be considered an expansion of existing services.
    Population means permanent residents in the first-due response area 
or jurisdiction served by the applicant. It does not include seasonal 
population or any population in area that the fire department responds 
to under mutual/automatic aid agreements.
    Prop is something that can be held up in a classroom or moved from 
site to site in order to facilitate or enhance the training experience. 
A training tower (pre-fabricated or constructed) is not a prop.
    Renovation means changes or alterations or modifications to an 
existing structure that do not exceed either $10,000 or 50 percent of 
the value of the structure and do not involve a change in the footprint 
or profile of the structure.
    State means any of the fifty States, the District of Columbia, 
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands.
    Supplies means any expendable property that typically has a one-
time use limit and an expectation of being replaced within one year.
    Vehicle is a mechanized device used for carrying passengers, goods, 
or equipment. Examples of vehicles include, but are not limited to: 
pumpers, brush trucks, tankers, tenders, attack pumpers, rescue 
(transport and non-transport), ambulances, foam units, quints, aerials, 
ladders, towers, hazmat vehicles, squads, crash rescue (ARFF), boats, 
hovercraft, planes, and helicopters.
    Volunteer Department is a fire suppression agency or organization 
in which no active firefighters are considered full-time employees, and 
which no members receive financial compensation for their services 
rendered on behalf of the department other than life/health insurance, 
workers' compensation insurance, length of service awards, pay per-call 
or per-hour, or similar token compensation.


Sec. 152.3  Availability of funds.

    (a) Fire departments that have received funding under the 
Assistance to Firefighter Grant Program in previous years are eligible 
to apply for funding in the current year. No applicant can receive more 
than $750,000 in Federal grant funds under this program in any fiscal 
year. The awards made under the Assistance to Firefighter Grant Program 
are for one year only. The period of performance will be detailed in 
the award documents provided each grantee.
    (b) The scoring of the applications will determine the distribution 
of the funding among the eligible programs. Notwithstanding anything in 
this part, no more than 25 percent of the grant funds shall be used to 
assist recipients to purchase firefighting vehicles and not less than 5 
percent of all funds appropriated for firefighter assistance shall be 
available for fire prevention programs.
    (c) We will not provide assistance under this part for activities 
for which another Federal agency has more specific or primary authority 
to provide assistance for the same purpose. We may disallow or recoup 
amounts that

[[Page 9151]]

fall within other Federal agency's authority.


Sec. 152.4  Roles and responsibilities.

    (a) Applicants must:
    (1) Complete the application and certify to the accuracy of the 
application;
    (2) Certify that they are an eligible applicant, i.e., a fire 
department, as defined in this rule;
    (3) Certify as to the characteristics of their community, i.e., 
urban, suburban, or rural;
    (4) Certify to the size of the population of the community served; 
and,
    (5) Certify to the type of department, i.e., volunteer/combination 
or career.
    (b) Recipients (Grantees) must agree to:
    (1) Share in the costs of the projects funded under this grant 
program. Fire departments in areas serving populations over 50,000 must 
agree to match the Federal grant funds with an amount of non-Federal 
funds equal to 30 percent (30%) of the total project cost. Fire 
departments serving areas with a population of 50,000 or less will have 
to match the Federal grant funds with an amount of non-Federal funds 
equal to 10 percent (10%) of the total project cost. All cost-share 
contributions must be cash. No ``in-kind'' contributions will be 
considered for the statutorily required cost-share. No waivers of this 
requirement will be granted except for fire departments of Insular 
Areas as provided for in 48 U.S.C. 1469a.
    (2) Maintain operating expenditures in the areas funded by this 
grant activity at a level equal to or greater than the average of their 
operating expenditures in the two years preceding the year in which 
this assistance is received.
    (3) Retain grant files and supporting documentation for three years 
after the conclusion of the grant.
    (4) Report to FEMA on the progress made on the grant and financial 
status of the grant.
    (5) Make their grant files, books and records available if 
requested for an audit to ensure compliance with any requirement of the 
grant program.
    (6) Provide information to the U.S. Fire Administration (USFA) 
national fire incident reporting system (NFIRS) for the period covered 
by the assistance. If a grantee does not currently participate in the 
incident reporting system and does not have the capacity to report at 
the time of the award, that grantee must agree to provide information 
to the system for a twelve-month period commencing as soon as they 
develop the capacity to report.
    (c) FEMA Activities:
    (1) We will ensure that the funds are awarded based on the 
priorities and expected benefits articulated in the statute, this part 
152, and USFA's strategic plan. USFA's operational and performance 
objectives of its strategic plan are to reduce losses of life and 
reduce economic losses due to fire and related emergencies. Specific 
target groups are children under 14 years old, seniors over 65 years 
old, and firefighters.
    (2) We will ensure that not more than twenty-five percent (25%) of 
the appropriated funding will be used to purchase firefighting 
vehicles.
    (3) We will ensure that not less than five percent (5%) of the 
appropriated funds are made available to national, State, local, or 
community organizations, including fire departments, for the purpose of 
carrying out fire prevention programs.
    (4) We will ensure that fire departments with volunteer staff, or 
staff comprised of a combination of career fire fighters and 
volunteers, receive a proportion of the total grant funding that is not 
less than the proportion of the United States population that those 
firefighting departments protect.
    (5) We will ensure that grants are made to fire departments located 
in urban, suburban, and rural communities.
    (6) We will strive to ensure geographic diversity of awards as 
stipulated in Sec. 152.6.


Sec. 152.5  Review process and evaluation criteria.

    (a) We will use the narratives/supplemental information provided by 
the applicants in their grant applications to evaluate, on a 
competitive basis, the merits and benefits of each request for funding. 
In selecting applications for award, we will evaluate each application 
for assistance independently based on established eligibility criteria, 
the program priorities, the financial needs of the applicant, and an 
analysis of the benefits that would result from the grant award. Every 
application will be evaluated based on the answers to the activity-
specific questions during our initial screening. The applications that 
are determined to best address the Assistance to Firefighters Grant 
Program's established priorities during this initial screening will be 
in the ``competitive range'' and subject to a second level of review.
    (b)(1) In order to be successful at this level of the evaluation, 
an applicant must complete the narrative section of the application 
package. The narrative should include a detailed description of the 
planned activities and uses for the grant funds including details of 
each budget line item. For example, if personnel costs are included in 
the budget, please provide a break down of what those costs are for. 
The narrative should explain why the grant funds are needed and why the 
department has not been able to obtain funding for the planned 
activities on its own. A discussion of financial need should include a 
discussion of any Federal funding received for similar activities. 
Finally, the applicant's narrative will detail the benefits the 
department or community will realize as a result of the grant award.
    (2) Applicants may seek assistance in formulating their cost-
benefit statement or any other justification required by the 
application by contacting our Grant Program Technical Assistance Center 
at 866-274-0960 or by email at [email protected]. We will also place 
information to assist you in the development of a competitive grant 
application on the FEMA/USFA websites.
    (c) This second level of review will be conducted using a panel of 
technical evaluation panelists that assess the application's merits 
with respect to the clarity and detail provided in the narrative about 
the project, the applicant's financial need, and the project's 
purported benefit to be derived from the cost. The technical evaluation 
panelists will independently score each application before them and 
then discuss the merits/shortcomings of the application in an effort to 
reconcile any major discrepancies. A consensus on the score is not 
required. The highest scoring applications will then be considered for 
award. We seek to maximize the benefits derived from the funding by 
crediting applicants with the greatest financial need and whose 
proposed activities provide the greatest benefit.
    (d) In addition to the project narrative, the applicant must 
provide an itemized budget detailing the use of the grant funds. If an 
applicant is seeking funds in more than one eligible activity within a 
program, separate budgets will have to be generated for each activity 
and then an overall or summary budget would have to be generated. For 
those applicants applying on line, the summary budget will be 
automatically generated by the e-grant system.
    (e) Specific rating criteria for each of the eligible programs 
follow in paragraphs (e)(1) through (4) of this section. These rating 
criteria will provide an understanding of the grant

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program's priorities and the expected cost effectiveness of any 
proposed projects.
    (1) Fire Operations and Firefighter Safety Program.
    (i) Training Activities. We believe that more benefit is derived 
from the direct delivery of training than from the purchase of training 
materials, equipment or props. Therefore, applications focused on 
direct delivery of training will receive a higher competitive rating. 
We also believe that funding of basic firefighting training to an 
operational level (i.e., training in basic firefighting duties or 
operating fire apparatus) has greater cost-benefit than funding of 
officer training. Likewise, we feel there is a greater cost-benefit to 
officer training than for other specialized training. Train-the-trainer 
activities are rated high due to the obvious return on investment. We 
will also accord higher rating to programs achieving benefits from 
statutorily required training over non-mandatory or strictly voluntary 
training. Finally, we will rate more highly those programs that benefit 
the highest percentage of targeted personnel within a fire department. 
Training designated for Rapid Intervention Teams will have a slightly 
higher competitive advantage.
    (ii) Wellness and Fitness Activities. We believe that in order to 
have an effective wellness/fitness program, fire departments must offer 
both an entry physical examination and an immunization program. 
Accordingly, applicants in this category must currently offer both 
benefits, or must propose to initiate both a physical examination and 
an immunization program with these grant funds in order to receive 
additional consideration for funding this activity. We believe the 
greatest benefit will be realized by supporting new wellness and 
fitness programs, and therefore, we will accord higher competitive 
ratings to those applicants lacking wellness/fitness programs over 
those applicants that already possess a wellness/fitness program. We 
believe that programs with annual physicals and general health 
screening provide high benefits and programs with incident 
rehabilitation, formal fitness regiments, and/or injury prevention 
components offer significant benefits. Finally, since participation is 
critical to achieving any benefits from a wellness or fitness program, 
we will give higher competitive rating to departments whose wellness 
and fitness programs mandate participation as well as programs that 
provide incentives for participation.
    (iii) Firefighting Equipment Acquisition. We believe that this 
grant program will achieve the greatest benefits if we provide funds to 
fire departments purchasing basic firefighting equipment. We will 
afford departments buying basic firefighting equipment for the first 
time (equipment never owned before) a higher competitive rating than 
departments buying replacement equipment or equipment that will be used 
to expand the department's capabilities into new mission areas. We 
believe there is more benefit realized to bring a department up to the 
applicable minimum standard (i.e., as required by statute, regulation, 
or professional firefighting guidance), rather than to the department 
that is replacing equipment or enhancing capabilities. Because of the 
obvious benefits, we will also give higher competitive rating to 
departments that are mainly purchasing equipment designed to protect 
the safety of the firefighters. Equipment designated for Rapid 
Intervention Teams will have a slightly higher competitive advantage.
    (iv) Personal Protective Equipment Acquisition. One of the stated 
purposes of this grant program is to protect the health and safety of 
firefighters. In order to achieve this goal and maximize the benefit to 
the firefighting community, we believe that we must fund those 
applicants needing to provide personal protective equipment (PPE) to a 
high percentage of their personnel. Accordingly, we will give a high 
competitive rating in this category to fire departments in which a 
large percentage of their active firefighting staff do not have any 
personal protective equipment and to departments that wish to purchase 
enough PPE to equip one hundred percent (100%) of their active 
firefighting staff. The goal is to provide all active firefighters with 
a complete set of equipment, breathing apparatus as well as turnout 
gear. We will also give a higher competitive rating to departments that 
are purchasing the equipment for the first time as opposed to 
departments replacing obsolete or substandard equipment (e.g., 
equipment that does not meet current National Fire Protection 
Association (NFPA) and Occupational Safety and Health Administration 
(OSHA) standards), or purchasing equipment for a new mission. 
Departments that are replacing used gear that is very old, will be 
afforded a higher competitive rating than a department whose gear is 
relatively new. We will provide a higher competitive rating to 
departments requesting integrated Personal Accountability Safety System 
(PASS) devices than to those departments that are requesting non-
integrated PASS devices. We also believe it is more cost beneficial to 
fund departments that have a high volume of responses per year before 
funding less active departments. Equipment designated for Rapid 
Intervention Teams will have a slightly higher competitive advantage.
    (2) Fire Prevention Program. We believe that the public as a whole 
will receive the greatest benefit by creating new fire prevention 
programs.
    (i) Our priority is to target these funds to fire departments that 
do not have an existing fire prevention program as opposed to those 
departments that already have such a program. Also, we believe the 
public will benefit greatly from establishing fire prevention programs 
that will continue beyond the grant year as opposed to limited efforts. 
Therefore, we will give a higher competitive rating to programs that 
will be self-sustaining after the grant period.
    (ii) Because of the benefits to be attained, we will give a higher 
competitive rating to programs that target one or more of USFA's 
identified high-risk populations (i.e., children under fourteen years 
of age, seniors over sixty-five and firefighters), and programs whose 
impact is/will be periodically evaluated.
    (iii) We believe that public education programs, programs that 
develop and enforce fire codes and standards, and arson prevention and 
detection programs have a high benefit, therefore, they will receive 
the highest competitive rating.
    (iv) We also believe programs that purchase and install residential 
and public detection and suppression systems provide significant 
benefits.
    (v) Programs that are limited to the purchase of public information 
materials and presentation aids and equipment achieve the least 
benefit, therefore, these types of activities will receive a lower 
competitive rating.
    (3) Emergency Medical Services Program. Our overall objective in 
this program is to elevate all emergency medical services to an 
intermediate life-support level (i.e., EMT-D or EMT-I).
    (i) We believe that enhancing or expanding an existing service that 
currently meets basic life-support to an intermediate life-support 
system would realize the most benefit. We will give a higher 
competitive rating to fire departments that are planning on acquiring 
an intermediate life-support system than to those that wish to reach a 
basic life-support level.
    (ii) We also believe that it is more cost effective to expand an 
existing service than it would be to create a new service. Therefore, 
we will give a higher competitive rating for fire departments

[[Page 9153]]

that are enhancing their existing service over those that do not have 
an emergency medical service.
    (iii) While we support CPR and first-responder level training, we 
will afford a lower priority to train firefighters in basic emergency 
medical technology (EMT-B) certification levels. We do not believe that 
it is our mission to create emergency medical services in areas where 
the local authorities have not yet committed to providing such 
services.
    (4) Firefighting Vehicle Program. (i) We believe that more benefit 
will be realized by funding fire departments that own few or no 
firefighting apparatus than by providing funding to a department with 
numerous vehicles. Therefore, we will give a higher competitive rating 
in the apparatus category to fire departments that own few or no 
firefighting vehicles. We will also give higher competitive rating to 
departments that have not recently purchased a new firefighting 
vehicle, and departments that wish to replace an old, high-mileage 
vehicle or a vehicle that has sustained a high number of responses.
    (ii) Because of the significant cost of certain types of apparatus 
and the limited amount of funding available in this program, we do not 
believe that it would be cost effective to fund vehicles with ladder or 
aerial apparatus. Therefore, we will lower the competitive rating of 
applications proposing such purchases.
    (iii) Vehicles that are for basic firefighting operations (i.e., 
pumpers, tankers, and brush trucks) are considered to have higher 
benefits than vehicles that have limited or specialized uses.
    (iv) We believe that more benefit will accrue to a community that 
needs a new vehicle (i.e., the initial purchase of a new or used 
vehicle) than for communities that need to replace a vehicle that does 
not conform to applicable standards. Replacing a vehicle has more 
benefit than purchasing a vehicle to expand the operational capacity of 
a department into a new mission area.
    (v) While no competitive advantage has been assigned to the 
purchase of commercial vehicles versus custom vehicles, or used 
vehicles versus new vehicles in the preliminary evaluation of 
applications, it has been our experience that depending on the type and 
size of department, the technical evaluation panelists often prefer 
low-cost vehicles when evaluating the cost/benefit section of the 
project narratives. Panelists will be provided with guidance (such as 
the General Services Administration's price schedules) for use in their 
evaluation on the reasonableness of vehicle costs.
    (vi) Finally, we believe that it would be more beneficial to the 
nation if we gave these vehicle awards to as many fire departments as 
possible, therefore, we will allow each fire department to apply for 
only one vehicle per year.


Sec. 152.6  Application review and award process.

    (a) As stated in Sec. 152.5, we will evaluate each application in 
the preliminary screening process to determine which applications best 
address the program's established priorities. The best applications as 
determined in this preliminary step will be deemed to be in the 
``competitive range.'' All applications in the competitive range will 
be subject to a second level review by a technical evaluation panel. 
Using the evaluation criteria delineated in Sec. 152.5, the panelists 
will score each application they evaluate. The assigned score will 
reflect the degree to which the applicant: clearly relates their 
proposed project; demonstrates financial need; and, details a high 
benefit to cost value of the proposed activities.
    (b) Our award decisions will be based on the stated priorities of 
the grant program, the demonstrated need of the applicant, and the 
benefits to be derived from the proposed projects. We will make awards 
on a competitive basis, i.e., we will fund the highest scored 
applications before considering lower scored applications.
    (c) In order to fulfill our obligations under the law, we may also 
make funding decisions using rank order as the preliminary basis then 
based on the type of fire department (paid, volunteer, or combination 
fire departments), the size and character of the community it serves 
(urban, suburban, or rural), and the geographic location of the fire 
department. In these instances where we are making decisions based on 
geographic location, we will use States as the basic geographic unit.


Sec. 152.7  Grant payment, reporting and other requirements.

    (a) Grantees will have twelve months to incur obligations to 
fulfill their responsibilities under this grant program. The 
performance period of each grant will be detailed in the Articles of 
Agreement that we provide each grantee. Grantees may request funds from 
us as reimbursement for expenditures made under the grant program or 
they may request funds for immediate cash needs under FEMA regulations 
(44 CFR 13.21).
    (b) Generally, fire departments should not use grant funds to pay 
for products and services contracted for, or purchased prior to the 
effective date of the grant. However, we will consider requests for 
reimbursement for these on an exceptional basis. Expenses incurred 
after the application deadline but prior to award may be eligible for 
reimbursement if the expenses were justified, unavoidable, consistent 
with the scope of work, and specifically approved by us.
    (c) The recipients of funding under this program must report to us 
on how the grant funding was used and the benefits that resulted from 
the grant. This will be accomplished via submission of a final report. 
Details regarding the reporting requirements will be provided in the 
Articles of Agreement provided to each grantee. Additionally, fire 
departments that receive funding under this program must agree to 
provide information to the national fire incident reporting system 
(NFIRS) for the period covered by the assistance. If a grantee does not 
currently participate in the incident reporting system and does not 
have the capacity to report at the time of the award, that grantee must 
agree to provide information to the system for a twelve-month period 
commencing as soon as they develop the capacity to report.


Sec. 152.8  Application submission and deadline.

    For each year that this program is authorized after fiscal year 
2002, we will announce the grants availability via Notice of Funds 
Availability. That notice will contain all pertinent information 
concerning the eligible funding activities, priority funding levels (as 
appropriate), application period, timelines, and deadlines.


Sec. 152.9  Technical or procedural error.

    (a) We will review our decision with respect to a particular 
application only where the applicant alleges that we have made a 
material technical or procedural error and can substantiate such 
allegation. Requests for reconsideration based upon technical or 
procedural error should be directed to: Director, Grants Program 
Office, U.S. Fire Administration, FEMA, 500 C Street, SW., room 304, 
Washington, DC 20472.
    (b) We must receive a request for reconsideration under paragraph 
(a) of this section within 60 days of the date of the notice of our 
decision.
    (c) As grants are awarded on a competitive basis, in accordance 
with the findings of an independent panel of experts, we will not 
entertain requests

[[Page 9154]]

for reconsideration based upon the merits of an original application. 
Similarly, we will not consider new information provided after the 
submission of the original application. In the case of new information, 
we encourage applicants to incorporate said information into their 
applications for future grant cycles.

    Dated: February 19, 2002.
Joe M. Allbaugh,
Director.
[FR Doc. 02-4388 Filed 2-26-02; 8:45 am]
BILLING CODE 6718-08-P