[Federal Register Volume 68, Number 50 (Friday, March 14, 2003)]
[Rules and Regulations]
[Pages 12544-12552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6171]



[[Page 12543]]

-----------------------------------------------------------------------

Part VI





Department of Homeland Security





-----------------------------------------------------------------------



Federal Emergency Management Agency



-----------------------------------------------------------------------



Assistance to Firefighters Grant Program; Final Rule and Notice

  Federal Register / Vol. 68, No. 50 / Friday, March 14, 2003 / Rules 
and Regulations  

[[Page 12544]]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 152

RIN 3067-AD21


Assistance to Firefighters Grant Program

AGENCY:  U.S. Fire Administration (USFA), FEMA, Emergency Preparedness 
and Response, Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: FEMA is publishing this final rule to establish 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. These grants are awarded on a competitive basis 
to eligible applicants that most closely address the program's 
priorities and then demonstrate financial need and maximize the benefit 
to be derived from the grant funds. The program's priorities will be 
stated in the Notice of Funds Availability (NOFA) that we will publish 
pursuant to the program's annual appropriation.

DATES: Effective Date: This final rule is effective on March 14, 2003.

ADDRESSES: Please send any comments to the Rules Docket Clerk, Office 
of the General Counsel, Federal Emergency Management Agency, 500 C 
Street, SW., room 840, Washington, DC 20472. Comments may also be 
transmitted via fax to (202) 646-4536 or e-mail to [email protected]. 
Please reference ``Assistance to Firefighters Grant Program'' in the 
subject line of your e-mail or comment letter.

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

SUPPLEMENTARY INFORMATION: This final rule establishes guidance on the 
administration of grants made under the authority of the Federal Fire 
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.).
    The purpose of the program is to award grants directly to fire 
departments of a State to enhance 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) most closely address the program's priorities, and (2) 
demonstrate financial need; maximum benefit derived from the grant 
funds with their projects; and effective and efficient project plans 
and procurements. 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.
    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 to a population 
within a fixed geographical area. A fire department can apply for 
assistance for its emergency medical services (EMS) unit provided the 
unit falls organizationally under the auspices of the fire department. 
A municipality or fire district may submit an application on behalf of 
a fire department when the fire department lacks the legal status to do 
so, e.g., where the fire department falls within the auspices of the 
municipality. When a municipality or fire district submits an 
application on behalf of a fire department, the fire department is 
precluded from submitting an additional application.
    Fire departments that are Federal fire departments are not eligible 
for this grant program. Fire departments that are contracted by the 
Federal government and are solely responsible for suppression of fires 
on Federal installations are not eligible for this grant program. Fire 
stations that are not independent fire departments 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 and/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/or training offices.
    Congress included in the legislation a list of fourteen activities 
eligible for funding under this program. Those activities are as 
follows: (a) To hire additional firefighting personnel; (b) to train 
firefighting personnel in firefighting, emergency response (including 
response to a terrorism incident or use of a weapon of mass 
destruction), arson prevention and detection, or the handling of 
hazardous materials, or to train firefighting personnel to provide any 
of the training described above; (c) to fund the creation of rapid 
intervention teams to protect firefighting personnel at scenes of fires 
and other emergencies; (d) to certify fire inspectors; (e) to establish 
wellness and fitness programs for firefighting personnel to ensure that 
the firefighting personnel can carry out their duties; (f) to fund 
emergency medical services provided by fire departments; (g) to acquire 
additional firefighting vehicles, including fire trucks; (h) to acquire 
additional firefighting equipment, including equipment for 
communications, monitoring, and response to a terrorism incident or use 
of a weapon of mass destruction; (i) to acquire personal protective 
equipment required for firefighting personnel by the Occupational 
Safety and Health Administration (OSHA), and other personal protective 
equipment for firefighting personnel, including protective equipment to 
respond to a terrorism incident or the use of a weapon of mass 
destruction; (j) to modify fire stations, fire training facilities, and 
other facilities to protect the health and safety of firefighting 
personnel; (k) to enforce fire codes; (l) to fund fire prevention 
programs; (m) to educate the public about arson prevention and 
detection; and, (n) to provide incentives for the recruitment and 
retention of volunteer firefighting personnel for volunteer 
firefighting departments and other firefighting departments and other 
firefighting departments that utilize volunteers.
    The specific activities that will be eligible for funding will be 
announced in the NOFA that we will publish pursuant to the program's 
annual appropriation.
    Eligible applicants can apply for this program on-line via FEMA's 
electronic grant (e-grant) application process. (While we encourage all 
applicants to apply on-line, we will provide and accept paper 
applications. Details about how to request a paper application and how 
to submit a paper application can be found later in this section of 
this final rule or on the U.S. Fire Administration's Web site: 
www.usfa.fema.gov). The e-grant application consists of electronic 
versions of FEMA's grant forms. The

[[Page 12545]]

application will include questions that are designed to provide 
general, generic information about the applicant. The application will 
also include activity-specific questions for each activity that the 
department plans to implement with the grant funds. The activity-
specific questions will also be used by us to determine if your 
application addresses the program's priorities and merits further 
review.
    In connection with the activity-specific questions, the applicants 
will be asked to provide details concerning the various budget items 
necessary to accomplish their proposed projects. Lastly, the 
application will include a 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.
    In selecting applications for award, we will first evaluate each 
application independently based on established applicant eligibility 
criteria and with respect to program priorities. Then we will evaluate 
the applications of those with the best score for their project 
descriptions, the financial needs of the applicant and an analysis of 
the benefits that would result from the grant award. In the first 
screening, 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 and 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 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.
    The law requires a certain 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. The specific 
proportions will be gleaned from the most recent survey conducted by 
the National Fire Protection Association and announced in the NOFA that 
we will publish pursuant to the program's annual appropriation.
    To fulfill our obligations under the law which requires us to make 
grants to a variety of fire departments, we may deviate from our 
primary decision factor of rank order and use department type (career, 
combination, or volunteer) and/or the type of community the fire 
department serves (urban, suburban, or rural) and/or the geographic 
location of the department as alternate decision factors when selecting 
departments for award. In these instances in which we are making 
decisions based on geographic location, we will use States as the basic 
geographic unit. We are also required under the law to make grants for 
fire prevention programs that total no less than five (5) percent of 
the funds appropriated for the grant program. We are also limited in 
the amount of funds that may be awarded for firefighting vehicles, 
specifically, no more than twenty-five (25) percent of the funds 
appropriated for the grants shall be used to assist grant recipients to 
purchase firefighting vehicles.
    For each year the grant program is appropriated, we will issue a 
NOFA and announce the application requirements as well as other 
pertinent information regarding the application. The application will 
be available on FEMA's 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 the closing date as announced in the Notice of Availability of 
Funds. We will not accept late or incomplete applications. The 
automated grant application system has features built into it that will 
guarantee that the application is complete when submitted.
    Eligible applicants can access an electronic version of the 
application form at the FEMA/USFA Web site (www.usfa.fema.gov). If an 
applicant does not have access over the Internet to the FEMA/USFA Web 
sites, the applicant may contact us directly to request a copy via 
mail. 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 signed original application to us at 
USFA Grant Program Technical Assistance Center, 16825 South Seton 
Avenue, Emmitsburg, Maryland, 21727-8998. In order for us to receive 
paper applications by the closing date, paper applications must be 
postmarked three business days prior to the closing date, or 
transmitted via next-day courier service one full business day prior to 
the closing date. Faxed applications will not be considered.
    We solicited comments on the proposed rule in our previously 
published interim final rule. The interim final rule appeared in the 
Federal Register on February 22, 2002. We received thirteen (13) 
responses that contained seventeen (17) individual comments. Five 
comments were unrelated to the rule (e.g., dealing with the application 
deadline or advertising the availability of excess Federal property). 
Three comments were specific to the eligibility of certain items and 
five were specific to the eligibility of certain types of applicants. 
All concerns over expense eligibility have been addressed in this final 
rule. The five comments regarding applicant eligibility were all 
focused on the eligibility of non-fire based organizations; four were 
related to the exclusion of non-fire based EMS providers into the 
program. We are bound by our statutory authority, which only allows us 
to make grants to fire departments, and therefore we made no changes to 
the final rule with respect to applicant eligibility. One comment 
indicated that the program's emphasis should be based on basic 
operational needs rather than basing it on the industry's standards 
that often incorporate a certain amount of ``expensive technology.'' We 
made no adjustments to our rule as a result of this comment because our 
program already places a higher priority on basic firefighting needs. 
We received one comment that concerned the inclusion of combination 
departments with volunteer departments rather than with career 
departments. This policy is a direct reflection of the authorizing 
legislation. Therefore, we did not make

[[Page 12546]]

any changes. We also received a comment regarding the non-funding of 
firefighting personnel. The hiring of firefighting personnel is one of 
the fourteen activities delineated by Congress as an eligible activity 
under this program. We have been very deliberate in our expansion of 
the program to include all of these activities, but the policy not to 
fund the hiring of firefighting personnel for 2002 was derived from the 
program's appropriation language. Each year that the program is 
appropriated, we will announce specific details concerning the 
activities that will be available for funding in a Notice of Funds 
Availability.
    The final comment concerned the inability of many departments to 
meet the required cost-share. This concern has been supported by 
several applicants that have had to decline their award due to lack of 
funds and by several of our grantees that reported their difficulties 
in funding their match. Unfortunately, the authorizing legislation 
requires that the applicants participate in the cost of the grant 
projects by providing ``funds'' as a cost-share. As such, no changes 
were made to the requirement for a cash match.
    In any year that the Assistance to Firefighters Grant Program is 
authorized and appropriated, we may elect to set aside a portion of the 
funds available under this program 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 for these 
fire prevention and safety 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 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, primarily those affecting children.
    The specific details concerning this fire prevention and safety 
program will be announced in the NOFA that we will publish pursuant to 
the program's annual appropriation.

Administrative Procedures Act Determination

    We are publishing this final rule having incorporated all 
appropriate public comment received under the Administrative Procedures 
Act (APA), 5 U.S.C. 553.

National Environmental Policy Act

    The National Environmental Policy Act requires that any major 
Federal action be reviewed for its potential impact on the environment. 
This rule, a major Federal action, has been reviewed as to its 
potential to impact the environment. It was found that the types of 
activities proposed to be eligible by this rule would fall under at 
least one of the categorical exclusions defined by 44 CFR 10.8(d)(2). 
Therefore, this rule, which addresses those actions, is categorically 
excluded from the preparation of an environmental assessment or 
environmental impact statement according to 44 CFR 10.8(d)(2)(ii).

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 identify and 
address, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minority and low-income populations. In addition, each 
Federal agency must 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 final rule will 
have a disproportionately high and adverse human health and 
environmental effect on any segment of the population. In addition, the 
final rule does not impose substantial direct compliance costs on those 
communities nor does it discriminate by excluding persons or denying 
benefits because of race, color, or national origin. Accordingly, this 
final rule is in compliance with the requirements of Executive Order 
12898.

E.O. 12866, Regulatory Planning and Review

    Under Executive Order 12866, 58 FR 51735, October 4, 1993, we are 
required to examine whether this rule is a ``significant regulatory 
action'' as defined in the rule. A significant regulatory action is 
subject to review by the Office of Management and Budget (OMB) 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 final rule sets out our administrative procedures for making 
grants under the Assistance to Firefighters Grant Program. This program 
has been authorized and appropriated at levels that exceed the 
$100,000,000 threshold and when the applicant's cost-share is 
considered we must conclude this rule to be a significant action. We 
have, therefore, determined that this rule is a ``significant 
regulatory action'' under the terms of Executive Order 12866. In light 
of this finding, we set forth the following regulatory impact analysis.
    The final 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. Although we have not undertaken 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 effect on the safety of the 
communities served by the recipient fire departments, as well as on the 
safety of the firefighters themselves.
    We highlight the fact that the final rule does not relate to a new 
or discretionary program of a regulatory nature. Instead, through this 
final rule, we are implementing a Congressionally mandated initiative 
aimed at protecting

[[Page 12547]]

the health and safety of the public and firefighting personnel against 
fire and fire-related hazards. See 15 U.S.C. 2229.
    The Office of Management and Budget has reviewed the final rule 
under Executive Order 12866.

Paperwork Reduction Act

    This final rule contains a collection of information that is 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 
The Office of Management and Budget (OMB) has approved our use of the 
collection of information titled ``Assistance to Firefighters Grant 
Program--Grant Application Supplemental Information'' to implement the 
program and assigned it OMB control number 1660-0054, which expires 
December 31, 2005. Under the provisions of the Act, we may not conduct 
or sponsor, and a person is not required to respond to or may not be 
penalized for failing to comply with, a collection of information 
unless it displays a currently valid OMB control number. The 
information provided by grant applicants is required by us to provide 
them Federal grant assistance under the Assistance to Firefighters 
Grant Program under the authority of the Federal Fire Prevention and 
Control Act of 1947 (15 U.S.C. 2201 et seq.).
    We use the 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 to determine if applicants 
meet basic eligibility requirements.
    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; and to urban, suburban, and rural 
fire departments, as mandated by Congress. We also will use the 
information to assure an equitable distribution geographically, using 
States as the geographic unit.

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 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.
    The Office of Management and Budget has reviewed the final rule 
under Executive Order 13132.

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 U.S.C. 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.
    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.

Unfunded Mandates Reform Act

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

List of Subjects in 44 CFR Part 152

    Fire prevention, Grant programs--firefighters assitance.

    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 Reconsideration.

    Authority: Federal Fire Protection and Control Act, 15 U.S.C. 
2201 et seq.


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 departments 
abilities to protect the health and safety of the public, as well as 
that of firefighting personnel, facing fire and fire-related hazards. 
Eligible applicants can submit only one application per application 
period. Departments that submit multiple applications in one 
application period will have each of their applications deemed 
ineligible.
    (b) Eligible applicants are fire departments or fire departments of 
a State which 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 non-Federal governing body) to provide fire suppression services 
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. A 
municipality or fire district may submit an application on behalf of a 
fire department when the fire department lacks the legal status to do 
so, e.g., where the fire department falls within the auspices of the 
municipality. When a municipality or fire district submits an 
application on behalf of a fire department, the fire department is

[[Page 12548]]

precluded from submitting an additional application. Non-Federal 
airport and/or port authority fire departments are eligible, but only 
if they have a formally recognized arrangement with the local 
jurisdiction to provide fire suppression, on a first-due basis, outside 
the confines of the airport or port facilities. Airport or port 
authority fire departments whose sole responsibility is suppression of 
fires on the airport grounds or port facilities are not eligible for 
this grant program. 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 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.
    (c) Congress included in the legislation a list of fourteen 
activities eligible for funding under this program. Those activities 
are as follows:
    (1) To hire additional firefighting personnel;
    (2) To train firefighting personnel in firefighting, emergency 
response (including response to a terrorism incident or use of a weapon 
of mass destruction), arson prevention and detection, or the handling 
of hazardous materials, or to train firefighting personnel to provide 
any of the training in this paragraph (c);
    (3) To fund the creation of rapid intervention teams to protect 
firefighting personnel at scenes of fires and other emergencies;
    (4) To certify fire inspectors;
    (5) To establish wellness and fitness programs for firefighting 
personnel to ensure that the firefighting personnel can carry out their 
duties;
    (6) To fund emergency medical services provided by fire 
departments;
    (7) To acquire additional firefighting vehicles, including fire 
trucks;
    (8) To acquire additional firefighting equipment, including 
equipment for communications, monitoring, and response to a terrorism 
incident or use of a weapon of mass destruction;
    (9) To acquire personal protective equipment required for 
firefighting personnel by the Occupational Safety and Health 
Administration, and other personal protective equipment for 
firefighting personnel, including protective equipment to respond to a 
terrorism incident or the use of a weapon of mass destruction;
    (10) To modify fire stations, fire training facilities, and other 
facilities to protect the health and safety of firefighting personnel;
    (11) To enforce fire codes;
    (12) To fund fire prevention programs;
    (13) To educate the public about arson prevention and detection; 
and
    (14) To provide incentives for the recruitment and retention of 
volunteer firefighting personnel for volunteer firefighting departments 
and other firefighting departments that utilize volunteers.
    (d) The specific activities that will be eligible for funding will 
be announced in the Notice of Funding Availability (NOFA) that we will 
publish pursuant to the program's annual appropriation.


Sec.  152.2  Definitions.

    Active firefighter is a member of a fire department or organization 
in good 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.
    Bay is the part or compartment of a building that provides parking 
for one or more pieces of firefighting apparatus.
    Career department is a fire suppression agency or organization in 
which all active firefighters are considered full-time employees, are 
assigned regular duty shifts, and receive financial compensation for 
their services rendered on behalf of the department. Departments with 
active firefighters that are paid stipends on a per-call basis are not 
career departments. See the definition of combination department in 
this section.
    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 for the 
purposes of this grant program. Changes that are less than $10,000 and/
or 50 percent of the value of the structure are considered renovations, 
for the purposes of this grant program.
    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 boat is a vessel designed primarily for firefighting 
operations, however, may also be capable of water rescue and hazardous 
materials spills mitigation, etc. These vessels may also have the 
capability to pump a large volume of water from a drafting operation.
    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 services 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. A municipality or fire district may submit an 
application on behalf of a fire department when the fire department 
lacks the legal status to do so, e.g., where the fire department falls 
within the auspices of the municipality. When a municipality or fire 
district submits an application on behalf of a fire department, the 
fire department is precluded from submitting an additional application. 
Non-Federal airport and/or port authority fire departments are 
eligible, but only if they have a formally recognized arrangement with 
the local jurisdiction to provide fire suppression services, on a 
first-due basis, outside the confines of the airport or port 
facilities. Airport or port authority fire departments whose sole 
responsibility is suppression of fires on the airport grounds or port 
facilities are not eligible for this grant program. 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

[[Page 12549]]

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.
    Formally recognized arrangement is an agreement between the fire 
department and a local jurisdiction such that the jurisdiction has 
publicly or otherwise formally deemed that the fire department has the 
first-due 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 departments, 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, fixed repeaters, etc. Towers are an integral part 
of any communication system, but they are not eligible to be included 
in any award under this program.
    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 would include students but 
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 is changes or alterations or modifications to an 
existing structure that do not exceed either $10,000 and/or 50 percent 
of the market value of the structure and do not involve a change in the 
footprint or profile of the structure.
    Rural community is a community that has low population density, 
zoned agricultural or parkland, and whose fire department has a 
relatively low volume of fire calls.
    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.
    Suburban community is a community that has a medium density 
population with a portion of their jurisdiction being zoned for 
industrial and/or commercial uses, and whose fire department has a high 
call volume relative to a rural community.
    Supplies means any expendable property that typically has a one-
time use limit and an expectation of being replaced within one year.
    The United States Fire Administrator's (USFA) operational and 
performance objectives 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.
    Urban community is a community with a high density population with 
a major proportion of its jurisdiction zoned for commercial and/or 
industrial use and a significant call volume.
    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, hazmat vehicles, squads, crash rescue (ARFF), boats, 
hovercraft, planes, and helicopters. Details concerning vehicle 
eligibility will be provided in the NOFA that will be published 
pursuant to this program's annual appropriation.
    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.
    Watercraft is a small boat (less than 13 feet in length) or other 
watercraft designed and equipped for water and/or ice rescue, rather 
than basic firefighting operations. Generally, these vessels will be 
equipped with water rescue equipment, flotation devices, and other 
basic medical and rescue equipment and their primary function will be 
rescue activities.


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. However, due to our 
responsibilities under this program to assure adequate distribution of 
awards amongst certain types of departments (career, combination and 
volunteer) and certain types of communities (urban, suburban or rural) 
as well as a equitable geographic distribution, we reserve the right to 
fund or not to fund previous recipients of grants under this program in 
order for us to fulfill these responsibilities.
    (b) No applicant can receive more than $750,000 in Federal grant 
funds under this program in any fiscal year.
    (c) No applicant can submit more than one application per fiscal 
year. Applicants that submit multiple applications will have each of 
their applications deemed ineligible.
    (d) The scoring of the applications will determine the distribution 
of the funding across the eligible programs. Notwithstanding anything 
in this part, no more than twenty-five (25) percent of the funds 
appropriated for grants shall be used to assist grant recipients to 
purchase firefighting vehicles and not less than five (5) percent of 
the funds shall be used for fire prevention programs.
    (e) 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 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 all the 
information contained therein;
    (2) Certify that they are an eligible applicant, i.e., a fire 
department, as defined in this part;
    (3) Certify that the person submitting the application is duly 
authorized to do so, and
    (b) Recipients (Grantees) must agree to:

[[Page 12550]]

    (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 thirty (30) percent of the total project cost. Fire 
departments serving areas with a population of 50,000 or less will have 
to match the Federal grant funds with an amount of non-Federal funds 
equal to ten (10) percent of the total project cost. 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 during the grant's period of 
performance in the areas funded by a grant 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) Obtain the appropriate Federal, State, or local permits 
necessary to fulfill the grant's scope of work including historical 
and/or environmental clearances as required.
    (4) Retain grant files and supporting documentation for three years 
after the official closeout of the grant.
    (5) Report to FEMA on the progress made on the grant and financial 
status of the grant. The award documents will detail the specific 
period of performance for each grantee and provide instructions on the 
frequency and timing of the required performance reports.
    (6) Maintain documentation to support the expenditure of grant 
funds as well as pertinent grant decisions.
    (7) Make their grant files and other books and records related to 
the grant, available if requested for an audit to ensure compliance 
with any requirement of the grant program.
    (8) Agree to provide information to the U.S. Fire Administration's 
National Fire Incident Reporting System (NFIRS) for the period covered 
by the grant. 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. Capacity to report to the NFIRS must be 
established prior to the termination of the one-year performance 
period. [NFIRS is under review for approval by the Office of Management 
and Budget under OMB control number 3067-0161.]
    (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, 
USFA's strategic plan, and the Notice of Funds Availability.
    (2) We will ensure that not more than twenty-five (25) percent of 
the appropriated funding will be used to purchase firefighting 
vehicles.
    (3) We will ensure that not less than five (5) percent of the funds 
are made available to national, State, local, or community 
organizations, including fire departments, for the purpose of carrying 
out fire prevention programs.
    (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.
    (7) We will strive to ensure that activities funded under this 
grant program are consistent with the programs goals and intent, and 
generally in the government's best interest.
    (8) 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; the program areas and 
activities supported by these grants; and other information about 
specific awards when generated and available.


Sec.  152.5  Review process and evaluation criteria.

    (a) 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. 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 and the program priorities. Eligible applicants 
that best address the priorities will advance to a second level of 
review. The second level of review involves an assessment of the 
financial needs of the applicant, and an analysis of the benefits that 
would result from the grant award.
    (b) In order to be successful at this second 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 program, 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 should detail the 
benefits the department or community will realize as a result of the 
grant award.
    (c) This second level of review will be conducted using a panel of 
technical evaluation panelists. These panelists are largely made up of 
non-Federal experts with a fire service background. The panelists will 
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. 
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 resulting from this second level of review 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 versus the cost.
    (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 will have to be generated. For 
those applicants applying on line, the summary budget will be 
automatically generated by the e-grants system.
    (e) Specific rating criteria for each of the eligible programs will 
be published in a Notice of Funding Availability that we will publish 
pursuant to the program's annual appropriation.

[[Page 12551]]

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 
advance to a second level review by a technical evaluation panel. Using 
the evaluation criteria detailed in the Program Guidance and in the 
NOFA (both of which are published pursuant to this program's annual 
appropriation), 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. We will provide the panelists the complete 
application content for their evaluation. We will also provide them 
with reference materials for national standards or regulations and 
guidelines with respect to typical costs for proposed apparatus and 
equipment purchases.
    (b) Our award decisions will be based on the stated priorities of 
the grant program first, then on 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 a few cases, to fulfill our obligations under the law to 
make grants to a variety of departments, we may also make funding 
decisions using rank order as the preliminary basis, and then analyze 
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/or 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. 
We may also base our funding decisions on previous grant awards funded 
by this program and/or grantees' performance on previous grants and a 
technical evaluation of reasonable costs for labor, services, materials 
or equipment.


Sec.  152.7  Grant payment, reporting and other requirements.

    (a) Grantees will have twelve months to incur obligations and 
complete the scope of work 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 FEMA 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). Advances of funds may also be 
approved to meet immediate cash needs.
    (b) Generally, fire departments cannot 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 exception basis. Expenses incurred after 
the application deadline but prior to award may be eligible for 
reimbursement if the expenses were justified, unavoidable (i.e., urgent 
and compelling), consistent with the scope of work, and specifically 
approved by the Assistance Officer. Expenses, obligations, commitments 
or contracts incurred or entered into prior to the application deadline 
are not eligible to be included as an expense.
    (c) All grantees must follow their own established procurement 
process when buying anything with Federal grant funds (as provided in 
44 CFR 13.26). If the grantee does not have an established procurement 
process, they must seek a minimum of two bids for any acquisition.
    (d) When requesting funding, grantees can only request an amount 
that is necessary to satisfy their immediate cash needs directly 
related to the grant, i.e., an amount equal to the total eligible grant 
expenses due within 30 days. Grantees can request payments of up to one 
hundred (100) percent of the federal share of the award amount but only 
if delivery of the ordered products and/or services is imminent 
(approximately 30 days) and the resulting payment will require the 
entire amount of funds.
    (e) A grantee may request sufficient funding for a down payment if 
required to do so by the seller, such as in grants involving some 
purchases of firefighting vehicles. The grantee may request as much as 
fifty (50) percent of the federal share of the award amount at the time 
of the order placement to pay the down payment. The grantee may request 
the balance of the federal share upon delivery of the ordered equipment 
or vehicle.
    (f) The recipients of funding under this program must report to us 
on how the grant funding was used and the benefits that resulted. This 
will be accomplished via submission of performance reports. Details 
regarding the reporting requirements will be provided in the Articles 
of Agreement provided to each grantee.
    (g) 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 possible after they develop the 
capacity to report. Capacity to report to the NFIRS must be established 
prior to the termination of the one-year performance period. [NFIRS is 
under review for approval by the Office of Management and Budget under 
OMB control number 3067-0161.]


Sec.  152.8  Application submission and deadline.

    In each year that this program is authorized and receives an 
appropriation, we will announce the grants availability via Notice of 
Funds Availability. That Notice will contain all pertinent information 
concerning the eligible funding activities, funding priorities, funding 
levels, application period, timelines, and deadlines.


Sec.  152.9  Reconsideration.

    (a) Reconsideration of initial grant award decisions. We will 
review our decision with respect to an initial grant award decision 
only when the applicant asserts that we have made a material technical 
or procedural error in the processing of the application and can 
substantiate such assertions. As grants are awarded on a competitive 
basis, in accordance with the findings of an independent panel of 
experts, we cannot consider requests 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 
their changed circumstances into their applications for future grant 
cycles.
    (b) Reconsideration of other decisions. We will consider requests 
for reconsideration of decisions other than those related to the 
initial grant award on their merits.
    (c) We must receive a request for reconsideration under this 
section within 60 days of the date of the notice of the decision for 
which reconsideration is requested.

[[Page 12552]]

    (d) Requests for reconsideration should be directed to: Director, 
Grants Program Office, U.S. Fire Administration, FEMA, 500 C Street, 
SW., Room 330, Washington, DC 20472.

    Dated: March 7, 2003.
Michael D. Brown,
Acting Under Secretary, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-6171 Filed 3-13-03; 8:45 am]
BILLING CODE 6718-08-P