[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23304]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 152
RIN 3067-AC31
The Arson Prevention Act of 1994--State Grants
AGENCY: The United States Fire Administration (FEMA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule would identify the eligibility criteria and
procedures for States or consortia of States to apply for arson related
grants, if funds are appropriated to support this activity. The
proposed rule would detail the evaluation criteria and anti-arson goals
that the awards are targeted to support. The intent of this proposed
rule is to notify interested parties how FEMA intends to administer
this program, and to invite comments on the proposed procedures.
DATES: We invite your comments on this proposed rule and ask that you
send any comments on or before November 4, 1994.
ADDRESSES: Send your written comments to the Rules Docket Clerk, Office
of the General Counsel, Federal Emergency Management Agency, 500 C
Street SW., Washington, D.C. 20472, (facsimile) (202) 646-4536.
FOR FURTHER INFORMATION CONTACT: Kenneth J. Kuntz, United States Fire
Administration, 16825 South Seton Ave., Emmitsburg, MD. 21727, (301)
447-1271, (facsimile) (301) 447-1102.
SUPPLEMENTARY INFORMATION: The Arson Prevention Act of 1994 (Pub. L.
103-254) amends the Fire Prevention and Control Act of 1974 (15 U.S.C.
2220) to authorize competitive grants to States or consortia of States,
for programs relating to arson research, prevention, and control. In
anticipation of appropriations being made to fund the authorized
grants, and contingent upon the availability of appropriations, FEMA is
publishing proposed rules to indicate how it would administer the grant
program.
National Environmental Policy Act
This proposed rule is excluded from the requirements of 44 CFR Part
10, Environmental Consideration, as having minimal or no effect on
environmental quality. No environmental impact assessment has been
prepared.
Regulatory Flexibility Act
I certify that this proposed rule would not have a significant
economic impact on a substantial number of small entities in accordance
with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the
proposed rule would relate to the procedures that FEMA would follow to
administer a statutorily mandated grant program, and would have no
direct effect on small business or governmental entities. The proposed
rule is not expected (1) To affect adversely the availability of grants
to small entities, (2) to have significant secondary or incidental
effects on a substantial number of small entities, nor (3) to create
and additional burden on small entities. Accordingly, no regulatory
flexibility analysis has been prepared.
Paperwork Reduction Act
This proposed rule does not involve any collection of information
for the purposes of the Paperwork Reduction Act.
Executive Order 12866, Regulatory Planning and Review
Promulgation of this proposed rule is required by statute, 15
U.S.C. 2221 et seq. To the extent possible under the statutory
requirements of 15 U.S.C. 2221 et seq. this proposed rule adheres to
the principles of regulation set forth in this Executive Order.
Executive Order 12612, Federalism
This proposed rule involves no policies that have federalism
implications under Executive Order 12612, Federalism, dated October 26,
1987.
Executive Order 12778, Civil Justice Reform
This proposed rule meets the applicable standards of section
2(b)(2) of Executive Order 12778.
List of Subjects in 44 CFR Part 152
Administrative practice and procedure, Firefighters, Fire
prevention, Grant programs, Reporting and recordkeeping requirements.
Accordingly, FEMA proposes to add Part 152 to 44 CFR Subchapter C
to read as follows:
PART 152--STATE GRANTS FOR ARSON RESEARCH, PREVENTION, AND CONTROL
Subpart A--Purpose, Scope, Definitions
Sec.
152.1 Purpose.
152.2 Scope.
152.3 Definitions.
Subpart B--Competitive State Grants
152.4 Grant goals.
152.5 State qualification criteria.
152.6 Grant application procedures.
152.7 Available funds and application submission.
152.8 Competitive evaluation criteria.
152.9 Reporting requirements.
Subpart C--Administration
152.10 Extensions.
152.11 Technical assistance.
152.12 Consultation and cooperation.
152.13 Audits.
152.14 Penalties.
Authority: 15 U.S.C. 2221; Reorganization Plan No. 3 of 1978, 43
FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Subpart A--Purpose, Scope, Definitions
Sec. 152.1 Purpose.
This part establishes the uniform administrative rules under which
States or consortia of States will request consideration for
competitive arson research, prevention and control grant award(s), and
details the associated administrative procedures which will be required
of applicants and recipients.
Sec. 152.2 Scope.
This part applies to all States or consortia of States requesting
competitive consideration of their respective proposals, and all those
States or consortia of States actually awarded arson grants under this
authority.
Sec. 152.3 Definitions.
Administrative costs means those actual expenses incurred by a
grantee to oversee and execute the specific administrative provisions
of the grant award, including as appropriate the provision of grant
related monitoring services and reporting requirements, and the nominal
purchase of necessary equipment and expendable supplies to support the
administration of the grant.
Administrator means the Administrator of the United States Fire
Administration.
Grantee means the State, consortia of States, or State and
consortia of States identified as recipients of grant awards under this
part.
Prevention and Control means the aggressive intervention
strategies, methods, and materials developed or relied upon to minimize
the occurrence and effects of arson.
Program Costs means the actually incurred expenses related to the
development, delivery, training, research or other activities proposed
and subsequently authorized by the grant award and other appropriate
controls.
Reporting Methodology is the means by which a jurisdiction provides
arson data to the National Fire Incident Reporting System (NFIRS) or
the Uniform Crime Reporting (UCR) programs.
Research means the application of conventional scientific and
statistical methods to assess a particular issue, application
methodology, intervention or mitigation strategy in an effort to
advance the collective scientific body of knowledge related to the
nation's arson problem.
Resources means tangible capability enhancements including but not
limited to the purchase of program related equipment, services,
materials, and expendable supplies.
Responsible Official means the individual specifically authorized
to act as the accountable Agent of the State for purposes of
administering the grants awarded under this part.
State means any State, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American
Samoa, the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
State Consortia means a cooperative and collective group of more
than one State, (or State equivalents as noted above).
Subpart B--Competitive State Grants
Sec. 152.4 Grant goals.
Grant applications for these grant awards must promote one or more
of the following 10 goals:
(a) To improve the training by States leading to professional
certification of arson investigators in accordance with nationally
recognized certification standards. Certification of arson
investigators is to be accomplished in accordance with State
guidelines, by appropriate State authorities.
(b) To provide resources for the formulation of arson task forces
or interagency organizational arrangements involving police and fire
departments and other relevant local agencies, such as a State arson
bureau and the office of a fire marshal of a State.
(c) To combat fraud as a cause of arson, and to advance research at
the State and local levels on the significance and prevention of fraud
as a motive for setting fires.
(d) To provide for the management of arson squads including:
(1) Training courses for fire departments in arson case management
including standardization of investigative techniques and reporting
methodology;
(2) The preparation of arson unit management guides; and
(3) The development and dissemination of new public education
materials relating to the arson problem; proposals should address all
three subactivities in support of the management of an arson squad.
(e) To combat civil unrest as a cause of arson, and to advance
research at the State and local levels on the prevention and control of
arson linked to urban disorders.
(f) To combat juvenile arson, such as juvenile fire setter
counseling programs and similar intervention programs, and to advance
research at the State and local levels on the prevention of juvenile
arson.
(g) To combat drug-related arson, and to advance research at the
State and local levels on the causes and prevention of drug-related
arson.
(h) To combat domestic violence as a cause of arson, and to advance
research at the State and local levels on the prevention of arson
arising from domestic violence.
(i) To combat arson in rural areas and to improve the capability of
firefighters to identify and prevent arson initiated fires in rural
areas and public forests.
(j) To improve the capability of firefighters to identify and
combat arson through expanded training programs, including:
(1) Training courses at the State fire academies; and
(2) Innovative courses at the (National Fire) Academy and made
available to volunteer firefighters through regional delivery methods,
including teleconferencing and satellite delivered television programs.
(k) Proposals addressing goals in paragraphs (a), (i), and (j) of
this section would be encouraged to rely, at least in part on training
course materials and offerings currently available through the National
Fire Academy (NFA). Proposals should specifically identify which
training components would be utilized and how they would be delivered.
In the event Course content, other than that available from the NFA is
proposed, the applicant will include copies of the proposed training
materials with the proposal.
(l) In addition, applicants should make specific reference in their
proposal(s) as to those efforts being made to provide improved and more
widely available arson training courses which demonstrate particular
emphasis on the needs of volunteer firefighters.
Sec. 152.5 State qualification criteria.
Each State or consortium of States will demonstrate by appropriate
means and provide such assurances as are deemed adequate by the
Administrator that the State, or consortium of States:
(a) Will obtain at least 25 percent of the cost(s) funded by the
grant, in cash or in kind, from non-Federal sources.
(1) State's contribution. Applicants will identify the source and
amount of their respective contribution (in cash or in kind) in the
work plan and budget detail sections of the application.
(2) Cash contributions will be sourced or certified by responsible
authority to be derived entirely from non-Federal sources.
(3) In kind contributions will be specifically detailed and clearly
demonstrate the type, nature, value and quantity of the contribution
offered to satisfy this requirement. The applicant(s) may offer current
staff in support of the contribution requirement, in so far as the
offering would not effect the restriction against decreasing the prior
levels of spending detailed in paragraph (b) of this section.
(4) In kind contributions will also be sourced and certified to be
derived from non-Federal sources.
(b) Will not as a result of receiving the grant decrease the prior
level of spending of funds of the State or consortium from non-federal
sources for arson research, prevention, and control programs. The
applicant(s) will provide a concise overview of the level of funding
dedicated to these areas for each of the two previous fiscal years.
This information will be included in the grant file and is subject to
post audit reviews. The applicant's responsible official will provide
appropriate certification that the recipient is cognizant of this
condition of award, and that no diminution of funding is to result in
such anti-arson efforts in the event of a grant award. Violation of
this grant award condition may subject the recipient to termination of
the grant, and forfeiture of unused portions of grant funds, and other
applicable administrative or criminal sanctions.
(c) Will use no more than 10 percent of the funds provided under
the grant for administrative costs of the programs. Actual
administrative cost incurred, not to exceed 10 percent for the funds
provided, may be funded through the grant. It is recognized that the
administrative costs may exceed the allocation limit, in such cases the
additional expense will be born by the recipient. Excess administrative
costs will not be considered part of the recipients required
``contribution'' as noted in paragraph (a) of this section; and
(d) Is making efforts to ensure that all local jurisdictions will
provide arson data to the National Fire Incident Reporting System
(NFIRS) or the Uniform Crime Reporting (UCR) program.
(1) The State, or consortia of States, will provide, as part of the
application process, such information as will describe its current
efforts to ensure that all local jurisdictions will provide data to
NFIRS or UCR.
(2) This description should include the current level of local
jurisdiction participation in each of the respective data collection
programs. It should detail the State's reporting criteria, and data
collection requirements, and statutory reporting mandates, if
applicable. It should specifically identify the constructive efforts
(both incentives and penalties to local jurisdiction's participation)
underway to achieve complete reporting, and identify the actions, if
any, to be taken under the proposed grant to achieve the participation
target; and
(e) Has a policy to promote actively the training of its
firefighters in cardiopulmonary resuscitation (CPR). The applicant(s)
may demonstrate their fulfillment of this requirement by providing a
true copy of the policy with the proposal, or by such other means as
would reasonably attest to the applicant's active promotion of CPR
training for all firefighters.
Sec. 152.6 Grant application procedures.
(a) Applicants, both singularly and in consortia, must format their
proposals so as to assure the grant goal(s) identified in Sec. 152.4
are clearly addressed and that the work plan descriptions of the level
of effort, program activity, and program budgets are specific to each
of the selected target goals.
(1) The legislation directs that awards be made in support of each
of the ten (10) goals enumerated in Sec. 152.4. The competitive
evaluation of the proposals will be done on a goal by goal basis, and
the grant awards will be made accordingly. In effect, all of the
proposals received that address, for example Sec. 152.4(a), will be
reviewed against the competitive evaluation criteria detailed in
Sec. 152.8 in relation to achieving that goal. The best overall
proposal will be the recipient of the award. Each of the other
proposals offered in support of each of the other goals will likewise
be assessed. The State or consortia of States may submit proposals
addressing more than one of the goals. Applicants must however insure
that the proposal detail is separable in its entirety, goal by goal.
States, or consortia of States, applying for the competitive grants
available under this section will comply with and are bound by all of
the applicable provisions of 44 CFR parts 13 and 14 with respect to the
Uniform Administrative Requirements for Grants to State Governments,
and the Administration of Grants: Audits of State Governments.
(2) [Reserved]
(b) The application will identify the requestor's status as a:
(1) State; or
(2) Consortium of States, (detailing each of the States in the
consortium).
(c) The application will specifically identify both the responsible
State organizational element (e.g., the Office of the State Fire
Marshal) and the responsible Official/Individual who will administer
the grant in the event of an award. Grant requests from consortia of
States will include this information for each of the States, and will
identify which one of these responsible Officials will serve as the
grant's administrative coordinator with USFA.
(d) The information provided will include the following:
(1) The applicant's complete organizational title;
(2) The applicant's complete mailing address;
(3) The name and title of the State's designated responsible
Official;
(4) The responsible Official's complete mailing address; and
(5) The responsible Official's telephone and facsimile numbers.
(e) The application will indicate specifically which of the 10
grant goals in Sec. 152.4 the proposed grant activities are intended to
address. Consortia proposals may propose that each of the consortia
States address a particular goal or group of goals singularly, or the
States may approach the selected goals, in part or in whole,
collectively.
(f) The application will provide specific work plans which detail
the means by which the applicant(s) intends to pursue the selected
goal's attainment through the grant. The work plan will include the
overall level of effort envisioned as a result of the proposed grant's
implementation, the specific tasks and time lines to be accomplished,
the resources both human and material that will be applied to the
effort (including the means by which the utilization of these resources
will be accounted for), and the means and methods that will be utilized
to assess and evaluate the accomplishment of the targeted goals.
(g) Each applicant will submit a detailed grant program budget
which addresses, by goal specific reference, how the grant funds, both
administrative and programmatic, will be disbursed. The grant proposal
budget element will specifically distinguish between ``administrative
costs'' and ``program costs'' consistent with the requirements noted
herein. No more than 10 percent of the funds provided under the grant
will be used for the administrative costs of the program. This
restriction does not preclude the applicant(s) from proposing a greater
level of effort or resource dedication to administrative activity, it
simply limits the costs to be supported through the grant funding. Each
of the States in a consortium may request support for actual
administrative costs of no more than 10 percent of its respective
program expenses.
Sec. 152.7 Available funds and application submission.
(a) Funds may be appropriated in Fiscal Year 1995 to support grant
awards addressing the ten (10) goals of Sec. 152.4. No grant awards
would be made in Fiscal Year 1995 or future years unless and until
funds are appropriated.
(b) Reasonable efforts will be made to award a grant addressing
each of the enumerated goals in an expeditious manner. Upon completion
of the initial competitive evaluations and the resulting grant awards,
any goal(s) yet unattended will be identified and may become the
subject of a second round of applications solicitation, consideration
and grant award(s). Grant proposals should be formatted to address
specifically the incremental use of the currently available (FY 1995)
funds, and target the possible use of FY 1996 funds if made available,
as logical programmatic extensions or replications of the activities
proposed and supported by FY 1995 funds.
(c) Following the comment period and the publishing of the final
rule incorporating these procedures, a formal announcement of grant
availability will be issued in the Federal Register. Applicants will be
afforded a period of not less than 30 and not more than 45 days,
following the formal announcement, to submit applications. It is
anticipated that the initial grant awards will be made during the first
quarter of calendar year 1995. In the event awards are not made in
support of each of the ten goals, a second Notice of Availability,
addressing the unattended goals, may be published in the Federal
Register and awards will be targeted to occur before September 30,
1995.
Sec. 152.8 Competitive evaluation criteria.
Each grant application/program proposal received will be
competitively assessed against the following criteria:
(a) The degree to which the proposal is seen to address the
targeted goal or each goal in a combination of goals;
(b) The scope and effect of the proposed initiative in relation to
the proposed program cost;
(c) The degree to which the proposed activity supports a ``model
program initiative'' suitable for replication in other jurisdictions;
(d) The degree to which the proposed activity demonstrates an
effective and efficient integration of a variety of program resources;
(e) The degree to which the proposed activity could sustain itself
upon the completion of the grant performance period;
(f) The degree to which the proposed activity would target
intervention strategies addressing high risk groups, properties, or
specific conditions.
(g) The degree to which the activity proposed would produce a
lasting anti-arson program, initiative, or other such appropriate
outcome;
(h) The degree to which the proposed activity promotes the
introduction of new technology, innovative techniques, or non-
traditional approaches to reduce the nation's arson problem;
(i) The degree to which the proposed activity relies upon the
development of inter-governmental, inter-organizational, or community
involving ``partnerships'' to promote goal attainment; and
(j) The degree to which the proposed activity supports the enhanced
ability to collect arson data.
Sec. 152.9 Reporting requirements.
(a) Each State, or consortium of States, which is the recipient of
a grant under this authority, by acceptance of the award, agrees to
provide to the satisfaction of the Administrator and in timely fashion,
any and all such documentation as may be requested or required to
detail the methods and amounts of grant funds disbursement and such
other recordkeeping, retention of records and the additional provision
of information by the Grantee as may be required by the awarding Agency
and applicable regulation.
(b) The reporting requirements will consist of primarily the two
following types:
(1) Quarterly progress and financial status reports; and
(2) Final progress report and financial status report. The final
progress report will include a summary evaluation of the program
related activities under the grant. It will identify the evaluation
methodology and the assessment values applied to critique the grant's
effectiveness in relation to achieving the targeted goal(s).
Subpart C--Administration
Sec. 152.10 Extension.
The Administrator has discretionary authority to extend the
duration of grants made under this regulation for one or more
additional periods. Grant recipients desiring an extension of the grant
performance period, will request such extensions in writing at least
sixty (60) days prior to the expiration of the grant period. The
request will include the reason for the requested extension, a
description of the effect(s) on the program if the extension is not
granted, and a statement that no additional federal funds would be
necessary to support the grant activities during the extension period.
Grant extension requests may not be utilized to request additional
funding.
Sec. 152.11 Technical assistance.
The Administrator shall provide technical assistance to States in
carrying out the program(s) funded by grants under the Act. This
assistance will consist of providing the customary and usual
information on the application process, deadlines, program and
financial reporting requirements, and related grant program activities
support. This provision is not intended to suggest that USFA will
provide other than grant related support and technical assistance.
Grant proposals should not suggest or rely upon other program related
services, staff support or monies from USFA to be any part of the
proposed grant activities, except as provided herein.
Sec. 152.12 Consultation and cooperation.
The Administrator would consult and cooperate with other Federal
agencies to enhance program effectiveness and avoid duplication of
effort, including the conduct of regular meetings initiated by the
Administrator with representatives of other Federal agencies concerned
with arson and concerned with efforts to develop a more comprehensive
profile of the magnitude of the national arson problem.
Sec. 152.13 Audits.
In accordance with applicable regulations, all the grants awarded
under part 152 of 44 CFR and all records of the recipient would be
subject to audit by appropriate Federal Emergency Management Agency
staff or other responsible authority.
Sec. 152.14 Penalties.
The recipient designated responsible official or others who provide
information or documentation to federal officials in connection with
the activities or funds authorized by or expended through these grants
are subject to, among other laws, the criminal penalties of 18 U.S.C.
287 and 1001, which punish the submission of false, fictitious or
fraudulent claims and the making of false, fictitious or fraudulent
statements. Such actions are punishable by the imposition of a fine not
to exceed $10,000.00 or imprisonment for not more than five (5) years,
or both. Such a violation may also subject the responsible official to
the civil penalties set out in 31 U.S.C. 3729 and 3730.
Dated: September 14, 1994.
James L. Witt,
Director.
[FR Doc. 94-23304 Filed 9-19-94; 8:45 am]
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