[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Proposed Rules]
[Pages 14740-14746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05254]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Parts 204 and 206

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


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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: FEMA proposes to revise its Fire Management Assistance Grant 
(FMAG) program regulations to lengthen the potential extension for the 
grantee's submission of its grant application to FEMA from up to 3 
months to up to 6 months. FEMA also proposes to lengthen the potential 
extension for a subgrantee to submit a project worksheet from up to 3 
months to up to 6 months. These proposed deadline extensions provide 
increased flexibility to applicants who may benefit from additional 
time to prepare the documentation necessary to support a grant 
application and may reduce or eliminate financial losses due to delayed 
invoices by third parties that exceed the maximum 3-month deadline 
extension. In addition, FEMA proposes to exempt project worksheets 
claiming only administrative costs from the $1,000 minimum. FEMA also 
proposes to make additional minor administrative changes to its FMAG 
regulations to reflect current statutory and regulatory requirements 
and clarify grant application procedures.

DATES: Comments must be submitted by May 6, 2013.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2013-
0004, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of 
Chief Counsel, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472-3100.
    Instructions: All submissions received must include the agency name 
and docket ID. Regardless of the method used for submitting comments or 
material, all submissions will be posted, without change, to the 
Federal eRulemaking Portal at http://www.regulations.gov, and will 
include any personal information you provide. Therefore, submitting 
this information makes it public. You may wish to read the Privacy 
Notice that is available via a link on the homepage of 
www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov, click on ``Advanced Search,'' then enter ``FEMA-
2013-0004'' in the ``By Docket ID'' box, then select ``FEMA'' under 
``By Agency,'' and then click ``Search.'' Submitted comments may also 
be inspected at FEMA, Office of Chief Counsel, Regulatory Affairs 
Division, 500 C Street SW., Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: William Roche, Director, Public 
Assistance Division, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472-3100, (phone) 202-212-2340, or (email) 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Fire Management Assistance Grant (FMAG) Program is authorized 
by section 420 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act \1\ (Stafford Act). Section 420 authorizes the President 
to provide assistance, including grants, equipment, supplies, and 
personnel to any State or local government \2\ for the mitigation, 
management, and control of any fire on public or private forest land or 
grassland that threatens destruction that would constitute a major 
disaster.\3\
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    \1\ Disaster Relief Act of 1974, Public Law 93-288, section 417, 
88 Stat. 158 (1974), redesignated as section 420 by the Stafford 
Act, Public Law 100-107, section 106(j), 102 Stat. 4705 (1988); 
codified as amended at 42 U.S.C. 5187.
    \2\ Disaster Mitigation Act of 2000, Public Law 106-390, section 
303, 42 U.S.C. 5121, added ``local government'' to section 420 of 
the Stafford Act. Section 102(7) of the Stafford Act includes ``an 
Indian tribe or authorized tribal organization, or Alaska Native 
Village or organization'' in its definition of ``local government.''
    \3\ A major disaster under the Stafford Act is any natural 
catastrophe or, regardless of cause, any fire, flood, or explosion 
which in the determination of the President causes damage of 
sufficient severity and magnitude to warrant major disaster 
assistance to supplement the efforts and available resources of 
States, local governments, and disaster relief organizations in 
alleviating the damage, loss, hardship, or suffering caused thereby.
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    In order to receive funding for a fire management assistance grant 
(FMAG), a State \4\ must submit a request for an FMAG declaration. See 
44 CFR 204.22. If FEMA approves the request and issues the declaration, 
the grantee \5\ may begin preparing a grant application package for 
submission to the FEMA Regional Administrator. State agencies, Tribal 
governments, and local governments interested in applying for FMAG 
subgrants must submit a Request for Fire Management Assistance to the 
grantee. Once FEMA determines that the subgrantee meets the eligibility 
criteria, FEMA Regional staff begin to work with the grantee and local 
staff to prepare project worksheets. See 44 CFR 204.52(b). The project 
worksheet identifies actual costs incurred by the subgrantee or grantee 
as a result of firefighting activities, and is the mechanism by which 
FEMA reimburses eligible costs.
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    \4\ Pursuant to FEMA regulations at 44 CFR 204.22, only the 
Governor of a State or the Governor's Authorized Representative can 
request an FMAG declaration.
    \5\ The grantee is usually a State; however, an Indian Tribal 
government may also be the grantee, in which case it takes on the 
same responsibilities as the State. See 44 CFR 204.3.
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    Under the FMAG program, certain administrative costs are 
reimbursable. Grantees and subgrantees may claim direct costs (i.e., 
those costs directly attributable to a particular project) associated 
with requesting, obtaining, and administering a grant for a declared 
fire, including regular and overtime pay and travel expenses for 
permanent, reassigned, temporary, and contract employees who assist in 
administering the fire management assistance grant. Other direct 
administrative costs incurred by the grantee or subgrantee, such as 
equipment and supply purchases, may be eligible, but must be reviewed 
by the grantee and FEMA Regional Administrator. Indirect costs incurred 
by the grantee during the administration of a grant are allowed in 
accordance with the provisions of 44 CFR part 13 and OMB Circular A-87; 
subgrantees may not claim indirect administrative costs.
    To be eligible for reimbursement, costs reported on project 
worksheets must total $1,000 or more. 44 CFR 204.52(c)(5).
    Subgrantees must submit all of their project worksheets to the 
grantee for review. The grantee determines the deadline for subgrantees 
to submit completed project worksheets, but the

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deadline must be no later than 6 months from the close of the incident 
period.\6\ At the request of the grantee, the Regional Administrator 
may grant an extension of up to 3 months for the submission of the 
project worksheet. The grantee must include a justification in its 
request for an extension. See 44 CFR 204.52(c).
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    \6\ The incident period is the time interval during which the 
declared fire occurs.
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    The grantee submits the subgrantee project worksheets to the FEMA 
Regional Administrator as part of its grant application. See 44 CFR 
204.51(b)(4) and 204.52(c). The grantee must submit its grant 
application within 9 months of the FMAG declaration. Upon receipt of a 
written request from the grantee, the Regional Administrator may grant 
an extension for up to 3 months. The grantee's request must include a 
justification for the extension. See 44 CFR 204.51(a).

II. Discussion of the Rule

A. Deadline Extensions

    FEMA proposes to revise 44 CFR 204.52(c)(3) to allow the Regional 
Administrator to grant up to a 6-month extension for a subgrantee to 
submit the project worksheet. The current regulations allow for a 
maximum 3-month extension. In addition, FEMA proposes to lengthen the 
3-month deadline extension for the grantee's submission of its grant 
application to FEMA in 44 CFR 204.51(a)(2) to a maximum 6-month 
extension.
    As part of its application for a subgrant, a subgrantee must submit 
a project worksheet and its supporting documentation. The grantee then 
submits these project worksheets as part of its grant application. Any 
delays in compiling, organizing, and submitting invoices and billings 
can hinder a grantee's or subgrantee's ability to meet established 
deadlines. Financial losses may result when billable services and 
equipment employed in fire-suppression and related activities are not 
identified due to time constraints. FEMA proposes allowing an extension 
of up to 6 months to help alleviate some of the time pressure of 
completing necessary documentation following an FMAG declaration.
    When the FMAG regulations were originally issued in 2001, the time 
requirements to gather and verify required documentation were informed 
estimates. Experience has shown that additional time is often necessary 
to complete these tasks. In practice, many States need to request an 
extension due to delays in obtaining costs, as documented on project 
worksheets, and a number of those States do not meet the deadline even 
with the 3-month extension.
    There are several reasons for the need for additional time. There 
has been an overall increase in the number of fires and a decrease in 
the number of personnel available to gather and verify documents such 
as timesheets, equipment usage, supplies, and other resources. The 
longer fire seasons place greater demands on personnel, resulting in 
delays in compiling documentation as resources are employed for longer 
periods in support of fire-fighting operations. Wildfires occur without 
notice, and may spread and remain uncontrolled for a long time. The 
people, equipment, and other resources necessary to combat such fires 
are sent immediately and may involve numerous agencies, various 
political/municipal divisions, and numerous public and private 
organizations. Resources are tracked during fire suppression 
operations, but the task of reconstructing when and what equipment and 
resources were utilized for fire suppression efforts can be complex and 
time consuming. This is more pronounced when operations against 
multiple fires have been conducted, as documentation must be reviewed 
to ensure the service and equipment is billed toward the correct fire. 
This reconstruction must be done for proper preparation of the project 
worksheet. The proposed deadline extension will provide increased 
flexibility to subgrantees and grantees, who may benefit from 
additional time to prepare project worksheets and assemble the grant 
application package, and may reduce or eliminate financial losses due 
to delayed invoices by third parties.

B. Technical Changes To Clarify When Subgrantees Apply to the FMAG 
Program

    Section 204.52(a) currently states that ``State, local, and tribal 
governments interested in applying for subgrants under an approved fire 
management assistance grant must submit a Request for Fire Management 
Assistance to the Grantee in accordance with State procedures and 
timelines.'' (emphasis added) FEMA proposes to remove ``under an 
approved fire management assistance grant'' from this paragraph in 
order to clarify that subgrants are actually submitted before a fire 
management assistance grant is approved. That is, when the grantee 
receives all of the subgrantee project worksheets, it submits them in a 
package to FEMA for approval as part of its grant application. This 
revision is not a substantive change to the FMAG Program.
    In 44 CFR 204.52(c)(1), the regulations currently state that 
applicants should submit all project worksheets through the grantee for 
approval and transmittal to the Regional Administrator as amendments to 
the State's application. FEMA proposes to change the term ``amendments 
to'' to ``part of'' the State's application. This proposed change 
clarifies that the grantee submits the subgrantee project worksheets 
along with its grant application. This revision is not a substantive 
change to the FMAG Program.

C. Technical Change Regarding Submission of the Grant Application

    The regulations currently state that States ``should'' submit their 
grant applications within 9 months of the declaration. See 44 CFR 
204.51(a)(2). FEMA proposes to change the word ``should'' to ``must'' 
to clarify that it is a requirement, and not an option, for States to 
submit their grant applications within 9 months of the declaration in 
order to receive FMAGs. This revision is in keeping with the regulatory 
scheme which allows for an extension to the deadline. If the deadline 
were optional, there would be no need for an extension provision. This 
revision is not a substantive change to the FMAG Program, as FEMA 
currently treats the 9-month deadline as mandatory, and approves 
requests for extensions on a regular basis.

D. Requirement That the Request for a Grantee's Time Extension To 
Submit the Project Worksheet Be in Writing

    In 44 CFR 204.52, FEMA proposes to add that a grantee's request and 
justification for a time extension to submit the project worksheet must 
be in writing. This is a nonsubstantive change that mirrors the 
requirement in 44 CFR 204.51 that the grantee must provide 
justification in writing for its request for a time extension to submit 
the grant application. FEMA currently requires the request and 
justification to be in writing; therefore this is not a substantive 
change.

E. Technical Change To Clarify Project Worksheet Deadline and Extension

    In 44 CFR 204.52(c)(4), FEMA proposes to revise the paragraph to 
read that project worksheets will not be accepted after the deadline in 
paragraph (c)(2) has expired, or, if applicable, after an extension 
specified in paragraph (c)(3) has expired. This is a nonsubstantive 
change that clarifies that the deadline is required but an extension 
may be requested and

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granted. It does not reflect any change to the FMAG Program.

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

    In 44 CFR 204.52(c)(5), FEMA proposes to revise the paragraph to 
indicate that the $1,000 project worksheet minimum does not apply to 
project worksheets that only request reimbursement for either grantee 
or subgrantee allowable administrative costs as defined in 44 CFR 
204.63. This is a substantive change. Currently, FEMA does not allow 
reimbursement for administrative costs if the applicant submits them on 
a project worksheet that totals less than $1000. This proposed revision 
would allow for reimbursement for those costs. This ensures that 
grantees and subgrantees can be reimbursed for all eligible 
administrative expenses.

G. Technical Change To Clarify That Administrative Costs Under FMAG Are 
Not Subject to Management Cost Requirements

    FEMA proposes to specify in 44 CFR 204.63 that allowable costs for 
the direct and indirect administration of an FMAG are only subject to 
part 13 and not to 44 CFR part 207. This is a nonsubstantive change 
that clarifies current regulatory authority; it does not reflect any 
change to the FMAG program.

H. Technical Change To Conform to the Statutory Requirement That the 
Fire or Fire Complex be on Public or Private Forest Land or Grassland

    FEMA proposes to specify in 44 CFR 204.21(a) that the fire or fire 
complex must be on public or private forest land or grassland in order 
for a State to receive a fire declaration. FEMA inadvertently omitted 
this requirement from the regulations; the requirement is mandated by 
section 420 of the Stafford Act. In practice, FEMA has been meeting 
this requirement and therefore the proposed revision is not 
substantive; it does not reflect any change to the FMAG program.

I. Nomenclature

1. Office of Management and Budget (OMB) Form Numbers
    FEMA proposes to remove Office of Management and Budget (OMB) 
approved form numbers that appear throughout 44 CFR part 204. 
Throughout 44 CFR part 204, FEMA refers to forms such as the Standard 
Form (SF) 424, Request for Federal Assistance, and FEMA Form 90-91, for 
the project worksheet. FEMA proposes to remove the form numbers and 
refer only to the title of the form, because the form numbers may 
change as OMB approves revised forms in the future. This is a 
nonsubstantive change.
2. Definitions
    FEMA proposes to remove the definitions of ``FEMA Form 90-91'' and 
``Standard Form (SF) 424'' because FEMA is proposing to remove all 
references to OMB form numbers in this regulation. Therefore, these 
definitions are no longer necessary. FEMA also proposes to change the 
title of the definition of ``Request for Federal Assistance'' to 
``Application for Federal Assistance'' to reflect the proper title of 
this form.
    FEMA proposes to remove the definition of ``we, our, us''; those 
terms refer to ``FEMA'' throughout part 204. However, FEMA is proposing 
to change all such references in part 204 to ``FEMA''. Therefore, this 
definition would no longer be necessary.
    Finally, FEMA proposes to remove the words ``in block 13'' from the 
definition of ``performance period'' since the format and numbering of 
the form may change in the future. By removing ``in block 13,'' FEMA 
will not need to revise the regulation if the format and numbering of 
the form changes.
3. Removal of the Word ``Including'' in 44 CFR 204.42(b)(1)
    FEMA proposes to remove the word ``including'' in 44 CFR 
204.42(b)(1). Section 204.42(b) lists six separate categories of costs 
that FEMA considers eligible equipment and supplies costs. The use of 
the word ``including'' after the first category is a typographical 
error.

I. Removal of Part 206, Subpart L--Fire Suppression Assistance

    FEMA proposes to remove subpart L, Fire Suppression Assistance, 
from part 206, Federal Disaster Assistance, because it is no longer 
necessary. The Disaster Mitigation Act of 2000 established the Fire 
Management Assistance Grant Program under Section 420 of the Stafford 
Act. The Fire Management Assistance Grant Program replaced the Fire 
Suppression Assistance Program. Part 204 of 44 CFR contains the current 
regulations for fire assistance authorized by section 420 of the 
Stafford Act.

III. Regulatory Analysis

A. Executive Order 12866, ``Regulatory Planning and Review'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget.
Summary
    This rule does not impose mandatory costs on grantees and 
subgrantees. This rule does provide Regional Administrators increased 
flexibility to assist grantees and subgrantees who submit FMAG 
applications and warrant an extension. In addition, the exemption from 
the $1,000 project worksheet minimum would allow grantees and 
subgrantees not previously reimbursed for eligible program 
administrative expenses to receive additional compensation from FEMA 
and the Disaster Relief Fund. FEMA estimates this exemption would 
transfer between $10,000 and $50,000 in administrative costs over the 
next ten years (undiscounted) from grantees and subgrantees to FEMA.
Total Costs and Benefits of This Rule
    There are no direct monetary costs associated with the increased 
extensions identified in the proposed rule. The cost of existing 
requirements (i.e., grant application submission) has the potential to 
be shifted, but not changed, by this rule. However, an extension may 
indirectly impact a grantee's or subgrantee's cash flow. For instance, 
if funds needed to reimburse fire suppression services (per a mutual 
aid fiscal agreement) are delayed due to an extension, then a grantee 
would have to use alternative means to avoid a budgetary shortfall. 
Regardless, it is the grantee's choice whether or not to apply for an 
extension and the grantee would need to consider if it was more 
beneficial to expend extra efforts to submit its FMAG application 
without an extension or to find alternative means to

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cover any associated shortfalls. Based on previous FMAG application 
submittals, FEMA expects approximately twenty 6-month grantee 
extensions to be granted over the next 10 years. As is current practice 
(44 CFR 204.52(c)(3)), subgrantee extensions are at the request of the 
grantee. Our estimate of grantee extensions includes any subgrantee 
extension requests that may be included as part of the grantee's 
request. A grantee request may cover multiple subgrantee extensions.
    The exemption from the $1000 project worksheet minimum, for those 
project worksheets submitted only to claim administrative costs, would 
transfer eligible administrative costs from grantees and subgrantees to 
FEMA and the Disaster Relief Fund. This would allow grantees and 
subgrantees not previously reimbursed for eligible program 
administrative expenses to receive compensation. FEMA subject matter 
experts from FEMA's Recovery Directorate estimate an average of 1 to 5 
such project worksheets would be submitted a year. FEMA assumes for 
this analysis that the cost of such project worksheets to be $1,000. 
The resulting total additional transfer to grantees and subgrantees, 
over 10 years, ranges between $10,000 and $50,000 (undiscounted).
    Benefits of the proposed rule would include increased flexibility 
to grantees and subgrantees for submitting their respective 
applications. A longer application period may also allow applicants to 
use lengthier but more cost efficient grant application preparation 
methods. The proposed rule would also more accurately reflect the 
operational and administrative demands of the FMAG grant process. In 
addition, the proposed rule's nonsubstantive modifications would 
improve regulatory clarity.
Retrospective Review
    To facilitate the periodic review of existing regulations, 
Executive Order 13563 requires agencies to consider how best to promote 
retrospective analysis of rules that may be outmoded, ineffective, 
insufficient, or excessively burdensome, and to modify, streamline, 
expand, or repeal them in accordance with what has been learned. The 
Executive Order requires agencies to issue a retrospective review plan, 
consistent with law and the agency's resources and regulatory 
priorities, under which the agency will periodically review its 
existing significant regulations to determine whether any such 
regulations should be modified, streamlined, expanded, or repealed so 
as to make the agency's regulatory program more effective or less 
burdensome in achieving the regulatory objectives. Review of FEMA's 
existing FMAG regulations revealed that they could be modified to 
provide for greater flexibility for FEMA to account for extenuating 
circumstances that may delay applications. Therefore, FEMA is 
increasing available extension times by 3 months for both grantee and 
subgrantee FMAG submissions. In addition, FEMA has decided to expand 
coverage of administrative costs by exempting the $1000 project 
worksheet minimum for those project worksheets submitted only to claim 
eligible program administrative costs.

B. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (5 U.S.C. 601 note) require that special consideration be 
given to the effects of proposed regulations on small entities. The RFA 
mandates that an agency conduct an RFA analysis when an agency is 
``required by section 553 * * * to publish general notice of proposed 
rulemaking for any proposed rule.'' See 5 U.S.C. 603(a). As the 
proposed rule imposes no direct monetary cost, FEMA certifies that the 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

C. National Environmental Policy Act (NEPA)

    Section 102 of the National Environmental Policy Act of 1969 
(NEPA), 42 U.S.C. 4321 et seq., as amended, requires agencies to 
consider the impacts in their decisionmaking on the quality of the 
human environment. The Council on Environmental Quality's procedures 
for implementing NEPA, 40 CFR part 1500 et seq., require Federal 
agencies to prepare Environmental Impact Statements (EIS) for major 
Federal actions significantly affecting the quality of the human 
environment. Each agency can develop categorical exclusions to cover 
actions that typically do not trigger significant impacts to the human 
environment individually or cumulatively. Agencies develop 
environmental assessments (EA) to evaluate those actions that do not 
fit an agency's categorical exclusion and for which the need for an EIS 
is not readily apparent. At the end of the EA process the agency will 
determine whether to make a Finding of No Significant Impact (FONSI) or 
whether to initiate the EIS process.
    Rulemaking is a major Federal action subject to NEPA. The List of 
exclusion categories at 44 CFR 10.8(d)(2)(ii) excludes the preparation, 
revision, and adoption of regulations from the preparation of an 
environmental assessment or environmental impact statement, where the 
rule relates to actions that qualify for categorical exclusions. This 
rule deals with the FMAG program which is excluded under 44 CFR 
10.8(d)(2)(xix)(N). The purpose of this rule is to lengthen the time 
for the submission of grantees' and subgrantees' applications and to 
provide for administrative changes that better reflect statutory 
requirements. These changes are administrative-related changes that are 
categorically excluded under 44 CFR 10.8(d)(2)(i). No extraordinary 
circumstances exist requiring the need to develop an environmental 
assessment or environmental impact statement. See 44 CFR 10.8(d)(3). An 
environmental assessment will not be prepared because a categorical 
exclusion applies to this rulemaking action and no extraordinary 
circumstances exist.

D. Executive Order 12898, Environmental Justice

    Under Executive Order 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, 59 FR 7629 (Feb. 16, 1994), as amended by Executive Order 
12948, 60 FR 6381 (Feb. 1, 1995), FEMA incorporates environmental 
justice into its policies and programs. The Executive Order requires 
each Federal agency to conduct its programs, policies, and activities 
that substantially affect human health or the environment, in a manner 
that ensures that those programs, policies, and activities do not have 
the effect of excluding persons from participation in our programs, 
denying persons the benefits of our programs, or subjecting persons to 
discrimination because of their race, color, or national origin.
    No action that FEMA can anticipate under this rule will have a 
disproportionately high or adverse human health and environmental 
effect on any segment of the population. Accordingly, the requirements 
of Executive Order 12898 do not apply to this rule.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504, 
1531-1536, 1571, applies to any notice of proposed rulemaking that 
would implement any rule which includes a Federal mandate that may 
result in the expenditure by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more

[[Page 14744]]

in any one year. If the rulemaking includes a Federal mandate, the Act 
requires an agency to prepare an assessment of the anticipated costs 
and benefits of the Federal mandate. The Act also pertains to any 
regulatory requirements that might significantly or uniquely affect 
small governments. Before establishing any such requirements, an agency 
must develop a plan allowing for input from the affected governments 
regarding the requirements.
    FEMA has determined that this rule will not result in the 
expenditure by State, local, and Tribal governments, in the aggregate, 
nor by the private sector, of $100 million or more in any one year as a 
result of a Federal mandate, and it will not significantly or uniquely 
affect small governments. Therefore, no actions are deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

F. Executive Order 13132, Federalism

    Executive Order 13132, Federalism, 64 FR 43255 (Aug. 10, 1999), 
sets forth principles and criteria that agencies must adhere to in 
formulating and implementing policies that have federalism 
implications, that is, regulations that have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. Federal agencies must closely examine 
the statutory authority supporting any action that would limit the 
policymaking discretion of the States, and to the extent practicable, 
must consult with State and local officials before implementing any 
such action. This rule involves no policies that have federalism 
implications under Executive Order 13132.

G. Paperwork Reduction Act of 1995

    This rule contains collections of information that are subject to 
review by OMB under the Paperwork Reduction Act of 1995, as amended, 44 
U.S.C. 3501-3520. The information collections included in this rule are 
approved by OMB under control numbers 1660-0058, Fire Management 
Assistance Grant Program, and 1660-0025, FEMA Emergency Preparedness 
and Response Directorate Grants Administration Forms. There are no new 
information collections included in this proposed rule.

H. Privacy Act Analysis

    Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must 
determine whether implementation of a proposed regulation will result 
in a system of records. A ``record'' is any item, collection, or 
grouping of information about an individual that is maintained by an 
agency, including, but not limited to, his/her education, financial 
transactions, medical history, and criminal or employment history and 
that contains his/her name, or the identifying number, symbol, or other 
identifying particular assigned to the individual, such as a finger or 
voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of 
records'' is a group of records under the control of an agency from 
which information is retrieved by the name of the individual or by some 
identifying number, symbol, or other identifying particular assigned to 
the individual. An agency cannot disclose any record which is contained 
in a system of records except by following specific procedures.
    The E-Government Act of 2002, 44 U.S.C. 3501 note, also requires 
specific procedures when an agency takes action to develop or procure 
information technology that collects, maintains, or disseminates 
information that is in an identifiable form. This Act also applies when 
an agency initiates a new collection of information that will be 
collected, maintained, or disseminated using information technology if 
it includes any information in an identifiable form permitting the 
physical or online contacting of a specific individual.
    The information maintained and collected for the FMAG program is 
covered by the Privacy Act, specifically under DHS/FEMA--004 Grants 
Management Information Files System of Records, 74 FR 39705 (Aug. 7, 
2009). This rule does not affect this system of records notice. DHS/
FEMA has a current Privacy Impact Assessment (PIA) addressing the 
maintenance of FMAG information as required by the e-Government Act.

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

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

J. Executive Order 12630, Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    FEMA has reviewed this rule under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, 53 FR 8859 (Mar. 18, 1988), as supplemented by 
Executive Order 13406, Protecting the Property Rights of the American 
People, 71 FR 36973 (June 28, 2006). This rule will not affect the 
taking of private property or otherwise have taking implications under 
Executive Order 12630.

K. Executive Order 12988, Civil Justice Reform

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

List of Subjects

44 CFR Part 204

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

44 CFR Part 206

    Administrative practice and procedure, Coastal zone, Community 
facilities, Disaster assistance, Fire

[[Page 14745]]

prevention, Grant programs-housing and community development, Housing, 
Insurance, Intergovernmental relations, Loan programs-housing and 
community development, Natural resources, Penalties, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, the Federal Emergency 
Management Agency proposes to amend 44 CFR Chapter I as follows:

PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM

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

    Authority:  Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1.


Sec.  204.1  [Amended]

0
2. Remove the words ``We (FEMA)'' and add, in their place, the word 
``FEMA''.


Sec.  204.3  [Amended]

0
3. In Sec.  204.3--
0
a. In the definition of ``Applicant'', remove the word ``us'' and add, 
in its place, the word ``FEMA'';
0
b. In the definition of ``Hazard mitigation plan'', remove the word 
``We'', and add, in its place, the word ``FEMA'', and remove the word 
``address'' and add, in its place, the word ``addresses'';
0
c. In the definition of ``Performance period'', remove the words 
``(Standard Form 424)'' and ``in block 13'';
0
d. In the definition of ``Project worksheet'', remove the words ``FEMA 
Form 90-91, which identifies'', and add, in their place, the words 
``The form which identifies'';
0
e. Remove the definitions of ``FEMA Form 90-91'', ``Request for Federal 
Assistance'', ``Standard Form (SF) 424'', and ``We, our, us''; and
0
f. Add a definition of ``Application for Federal Assistance'' in 
alphabetical order to read as follows:


Sec.  204.3  Definitions used throughout this part.

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


Sec.  204.21  [Amended]

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


Sec.  204.22  [Amended]

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


Sec.  204.25  [Amended]

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


Sec.  204.42  [Amended]

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


Sec.  204.51  [Amended]

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


Sec.  204.52  [Amended]

0
9. In Sec.  204.52-
0
a. In paragraph (b)(1), remove the words ``(FEMA Form 90-91)'';
0
b. In paragraph (c)(1), remove the words ``amendments to'' and add, in 
their place, the words ``part of'';
0
c. In paragraph (c)(5), remove the word ``we'' and add, in its place, 
the word ``FEMA'' wherever it appears; and
0
d. Revise paragraphs (a) and (c)(3), (4), and (5) to read as follows:


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

    (a) Request for Fire Management Assistance. (1) State, local, and 
tribal governments interested in applying for fire management 
assistance subgrants must submit a Request for Fire Management 
Assistance subgrant to the Grantee in accordance with State procedures 
and within timelines set by the Grantee, but no longer than 30 days 
after the close of the incident period.
* * * * *
    (c) * * *
    (3) At the request of the Grantee, the Regional Administrator may 
extend the time limitations in this section for up to 6 months when the 
Grantee justifies and makes a request in writing.
    (4) Project Worksheets will not be accepted after the deadline in 
paragraph (c)(2) of this section has expired, or, if applicable, after 
an extension specified by the Regional Administrator in paragraph 
(c)(3) of this section has expired.
    (5) $1,000 Project Worksheet minimum. When the costs reported are 
less than $1,000, that work is not eligible and FEMA will not approve 
that Project Worksheet. This minimum threshold does not apply to 
Project Worksheets submitted for the direct and indirect costs of 
administration of a fire grant, as defined in 44 CFR 204.63.


Sec.  204.53  [Amended]

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


Sec.  204.54  [Amended]

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


Sec.  204.62  [Amended]

0
12. In Sec.  204.62-
0
a. In paragraphs (a), (b), (c), and (d), remove the word ``We'' 
wherever it appears and add, in its place, the word ``FEMA'';
0
b. In paragraph (a), remove the word ``provide'' and add, in its place, 
the word ``provides'';

[[Page 14746]]

0
c. In paragraph (c), remove the word ``consider'' and add, in its 
place, the word ``considers'';
0
d. In paragraph (d), remove the word ``incur'' and add, in its place, 
the word ``incurs'';
0
e. In paragraphs (c) and (d), remove the word ``we'' wherever it 
appears and add, in its place, the word ``FEMA''; and
0
f. In paragraphs (a), (b), and (d), remove the word ``us'' wherever it 
appears and add, in its place, the word ``FEMA''.


Sec.  204.63  [Amended]

0
13. In Sec.  204.63-
0
a. In paragraphs (a) and (b), remove the word ``We'' wherever it 
appears and add, in its place, the word ``FEMA'';
0
b. Add a new paragraph (c) to read as follows:


Sec.  204.63  Allowable costs.

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


Sec.  204.64  [Amended]

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

PART 206--FEDERAL DISASTER ASSISTANCE

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

    Authority: Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act 
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security 
Delegation 9001.1.

Subpart L--[Removed and reserved]

0
16. Remove and reserve subpart L, consisting of Sec. Sec.  206.390 
through 206.395.

    Dated: February 8, 2013.
W. Craig Fugate
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-05254 Filed 3-6-13; 8:45 am]
BILLING CODE 9110-23-P