[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63540-63546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24802]
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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 Correction
AGENCY: Federal Emergency Management Agency, DHS.
[[Page 63541]]
ACTION: Final rule.
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SUMMARY: Under the authority of Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended, the Federal
Emergency Management Agency (FEMA) provides grants for the mitigation,
management, and control of any fire or fire complex on public or
private forest land or grassland that threatens such destruction as
would constitute a major disaster. This rule finalizes, without change,
a proposed rule to revise the 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. This rule also finalizes, without change, the
proposed regulation to lengthen the potential extension for a
subgrantee to submit a project worksheet from up to 3 months to up to 6
months. The rule finalizes additional minor administrative changes to
the rule.
DATES: This rule is effective November 24, 2014.
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\ or Indian Tribal
government for the mitigation, management, and control of any fire on
public or private forest land or grassland that threatens such
destruction as 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 100-707, 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.
\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 an FMAG, only a State \4\ may
submit a request for an FMAG declaration and the request must be
submitted to the Regional Administrator (RA) while the fire is burning
uncontrolled. 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 RA. State agencies,
Tribal governments, and local governments interested in applying for
FMAG subgrants must submit a Request for Fire Management Assistance
Subgrant to the grantee. See 44 CFR 204.41(a). Once FEMA determines
that the subgrantee meets the eligibility criteria, FEMA Regional staff
begins 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 RA. 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.
Because FEMA will not approve project worksheets under $1000,
administrative costs reported on project worksheets must total $1,000
or more to be eligible for Public Assistance reimbursement. See 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 deadline must be no
later than 6 months from the close of the incident period.\6\ At the
request of the grantee, the FEMA RA 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
RA as part of its grant application. See 44 CFR 204.51(b)(4) and
204.52(c). The grantee should submit its grant application within 9
months of the FMAG declaration. See 44 CFR 204.51(a)(2). 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. The Proposed Rule
On March 7, 2013, FEMA published a Notice of Proposed Rulemaking
(78 FR 14740), which proposed 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 of the declaration. The proposed rule also
proposed 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
proposed to exempt project worksheets claiming only administrative
costs from the $1,000 minimum. This would allow entities with only a
small amount of administrative costs to be reimbursed for those costs.
FEMA also proposed to make additional minor administrative changes
to its FMAG regulations to reflect current statutory and regulatory
requirements and clarify grant application procedures. These
administrative changes included:
a. Changing the regulatory text to clarify the current
regulatory language that suggests that FMAG grants are approved
before local governments submit their project worksheets. Local
governments submit their project worksheets to the State and the
State submits all the project worksheets to FEMA as part of the
grant application package. See 44 CFR 204.51 and 205.52.
b. Changing the regulatory text from stating that grantees
``should'' submit their grant
[[Page 63542]]
application within 9 months of the fire incident to stating they
``must'' submit the grant application within 9 months of the fire
incident. See 44 CFR 204.51(a)(2). FEMA proposed this change because
the deadline has never been optional.
c. Adding to the regulatory text to state explicitly that the
request for extensions and justifications for project worksheets
must be in writing. This is a non-substantive change that mirrors
the requirement in 44 CFR 204.51 that the grantee must provide
justifications in writing for its request for a time extension to
submit grant applications. Further, the current regulations already
require subgrantees to request an extension and provide a
justification in its request for an extension but FEMA did not state
that the request be in writing when it promulgated the current
regulations. See 44 CFR 204.52(c)(3).
d. Clarifying that project worksheets will not be accepted after
the regulatory deadline, or after the extension if the grantee or
subgrantee asked for an extension
e. Clarifying that FMAG administrative costs are not part of
management costs. See 44 CFR 204.63. FEMA reimburses FMAG direct and
indirect administrative costs in accordance with 44 CFR part 13
rather than 44 CFR part 207 which addresses management costs.
f. Removing references to OMB forms, the definition of ``we,
our, us'' and making format changes
g. Removing the word ``including,'' this was a typographical
error, from the list of reimbursable equipment costs.
h. Removing Part 206, subpart L, Fire Suppression Assistance,
because the FMAG program replaced the Fire Suppression Assistance
Program.
FEMA proposed these administrative changes and changes in nomenclature
to clarify its FMAG regulations.
III. Discussion of Public Comments
FEMA received six comments on the proposed rule; five were
favorable and one was unrelated to the proposed rule.
A. General
The comments were generally supportive of the proposed rule,
finding the proposed changes were ``timely'' and ``welcome,'' and that
the addition of 3 months to the extension process and the elimination
of the $1,000 minimum for administrative costs were both good
improvements.
1. FEMA's Dissemination of Information
One commenter requested that FEMA review its method of
disseminating information to the public. This commenter stated that
there was very little knowledge of FEMA's proposed revisions among
State forestry agencies throughout the United States.
FEMA takes note of this comment and will include Other Federal
Agencies (OFA) in future communications. In addition, FEMA will query
OFAs involved with the program to determine the best ways to notify
State forestry agencies of FMAG activities and communications. FEMA has
also ensured a robust external affairs roll out to notify stakeholders
prior to publication of the final rule.
In another comment, the commenter stated that the cost thresholds
for the FMAG program are rarely updated in an efficient manner and are
difficult to locate, which leads to additional work in submitting a
request for assistance for potential applicants. FEMA notes that the
individual and cumulative cost thresholds are adjusted for inflation
annually in January using the Consumer Price Index for All Urban
Consumers published by the United States Department of Labor. FEMA
sends the individual and cumulative cost thresholds via electronic
communication to every FMAG program contact in the FEMA regions,
usually at the end of January or beginning of February, for wider
dissemination to its stakeholders. In addition, FEMA has updated its
Web site to make this information more available and accessible. A link
to the FMAG cost thresholds for Fiscal Year (FY) 2014 can be found on
the FEMA Web site at: http://www.fema.gov/policies-and-publications.
2. Request To Modify Forms and Required Data
One commenter suggested that FEMA consider modifying its data
requirements and forms associated with submitting a request for an FMAG
declaration. The commenter stated that request for an FMAG declaration
is currently structured to accommodate a western fire where the impact
is concentrated over a large single geographic area, rather than in the
context of multiple fires in multiple regions of a State and varied
impacts and environments.
FEMA's forms, and the associated data necessary to complete FEMA's
forms, address one fire. FEMA acknowledges that gathering the necessary
data to support a FMAG request for multiple fires within the regulatory
timeframe can be a challenge. FEMA will look into this further, and if
it decides to pursue the issue, will do so in a separate mechanism.
FMAG declarations operate on a 24-hour real-time basis and are
frequently conducted over the telephone with written follow-up. The
Governor of a State or the Governor's Authorized Representative submits
a request for a fire management assistance declaration to the FEMA RA
while the fire is burning uncontrolled and threatening such destruction
as would constitute a major disaster. See 44 CFR 204.22. The RA gathers
the State's information, and calls upon a Principal Advisor for a
technical assessment of the fire. See 44 CFR 204.23. Using all
available data and information, the RA develops a Regional summary and
recommendation, and makes a decision to approve or deny the declaration
request. See 44 CFR 204.24. The request is approved or denied based on
the conditions that existed at the time of the request and whether the
fire or fire complex threatens such destruction as would constitute a
major disaster. See 44 CFR 204.21 and 44 CFR 204.24.
3. Definition of ``Fire Complex''
Another comment suggested that FEMA revise the FMAG fire complex
definition to accommodate a variety of organizational frameworks that
fulfill the objective of effectively managing fire(s). FEMA understands
the position that multiple smaller fires may pose the same or
equivalent threat of a major disaster that a single large fire
presents. The FMAG Program currently provides assistance for a single
large fire or a fire complex that is managed by a single incident
commander. The scenario of multiple smaller fires in a wide geographic
area being regionally managed has not been brought forward to FEMA's
knowledge. FEMA uses four criteria to evaluate the threat posed by a
fire or fire complex. These criteria include: (1) Threat to lives and
improved property, including threats to critical facilities/
infrastructure, and critical watershed areas; (2) availability of State
and local \7\ firefighting resources; (3) high fire danger conditions,
as indicated by nationally accepted indices such as the National Fire
Danger Ratings System; and (4) potential major economic impact. See 44
CFR 204.21. This recommendation is outside the scope of this
rulemaking, but FEMA will take it under consideration in any future
revisions to the FMAG program.
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\7\ Sandy Recovery Improvement Act of 2013, Public Law 113-2,
section 103, 42 U.S.C. 5123, states that any reference in this Act
to `State and local,' `State or local,' `State, and local,' `State,
or local,' or `State, local' (including plurals) with respect to
governments or officials is deemed to refer also to Indian tribal
governments and officials, as appropriate.
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One commenter requested that the FMAG process provide better
allowance for the use of a ``fire complex'' structure of management in
which multiple fires on a local level are managed collectively by a
central incident management organization based out of a regionally
located office. Again, this comment is
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outside the scope of this rulemaking, but FEMA will take the comment
under consideration to determine if the current definition of a fire
complex is appropriate.
4. Better Recognition of State Forest Fire Suppression
One comment suggested that the FMAG Program better recognize the
organization structure of State forestry fire suppression throughout
the eastern United States. FEMA understands that fire suppression
organizational structures in the eastern part of the country vary from
other organizational structures in mountainous areas in much of the
western United States and vary from fire suppression structures needed
in the large grassland areas in the Midwest. Based on FEMA data, FEMA
believes the FMAG Program, in its current form, adequately recognizes
and is responsive to all fire suppression organization structures. From
2006 to 2013, there were over 500 FMAG declared fires in the United
States. In that same period of time there were 9 major disaster
declarations for wild land fires. Since FMAGs are limited to those
fires that threaten a major disaster, this data shows that the FMAG
Program is successful how it is currently structured and administered.
Unless presented with additional information, we do not anticipate
modifying the existing program structure.
B. Deadline Extensions
In the proposed rule, FEMA proposed to revise 44 CFR 204.52(c)(3)
to allow the FEMA RA 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 proposed 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.
1. General Support
Commenters supported this change, citing various reasons. One
commenter supported the change because of limited staffing in States
that experience the majority of fires, and the additional time would
allow the reporting of all costs, especially after large, lengthy or
multiple fires. Another commenter noted that the additional 3-month
extensions for grantees and subgrantees were especially needed during a
``significant'' fire season. Another commenter noted that the change
would ease the burden on local governments to submit all the necessary
information on time to maintain eligibility for FMAG funds.
2. Consistency of FMAG and Public Assistance
One commenter stated that while the extended time period was
positive, the general framework of the FMAG and Public Assistance
programs should be consistent and cost effective. While outside the
scope of this rulemaking, FEMA notes that it does agree with this
comment and when possible the FMAG program and other Public Assistance
programs are aligned and use the same or similar policies. For example,
the purchase of supplies and equipment that are necessary to respond to
the declared fire may be an eligible FMAG cost. The grantee or
subgrantee, however, may be required to compensate FEMA for the fair
market value of the equipment and supplies when the items are no longer
needed for fire suppression activities. This is consistent with Public
Assistance eligibility criteria found in FEMA Policy No. 9525.12,
Disposition of Equipment, Supplies and Salvaged Materials, which
provides guidance at http://www.fema.gov/pdf/government/grant/pa/9525_12.pdf. However, due to the different nature of wildfires from
other disasters, the FMAG program has its own regulations. See 44 CFR
Part 204. There are different time requirements as specified in those
regulations.
3. Common Practice
One commenter stated that the proposed time extensions have already
been a common FEMA practice. FEMA notes that this rulemaking codifies
current practice, which FEMA has been implementing since 2002. FEMA's
goal for these changes is to create a regulatory mechanism for granting
extensions and avoid the need to routinely grant extensions beyond the
regulatory limit, which is a significant administrative burden not only
to the applicant but to FEMA and the State or Indian Tribal government.
By extending the deadlines, the regulations better reflect reality and
the actual time needed to submit an FMAG application or project
worksheet.
4. Additional Time Extensions
One commenter suggested that FEMA incorporate a provision to allow
the FEMA RA to grant additional time extensions if necessary as a
result of delayed third party billings from Federal agencies. Another
commenter raised the concern that even with the proposed changes many
local governments will need additional extensions to take into account
delays experienced by local jurisdictions in obtaining cost/invoices
for air assets provided to the local jurisdiction to the incident under
contract with Federal agencies. FEMA understands that delayed third
party billings are an issue with some grants, especially with OFA. The
United States Forest Service has recently implemented a software
upgrade program (Financial Management Modernization Initiative) that is
intended to expedite billings. FEMA expects this to eliminate delayed
billings so this should not be an issue once fully implemented. In
addition, when FEMA drafted its proposed rulemaking, FEMA looked into
this option as an alternative to the proposed changes. However, to
ensure consistent time extension determinations, FEMA set a time frame
for the extensions.
C. Elimination of the $1,000 Project Worksheet Minimum for
Administrative Costs
FEMA currently does not allow reimbursement for a project worksheet
that totals less than $1,000. In the proposed rule, FEMA proposed to
revise 44 CFR 204.52(c)(5) to indicate that the $1,000 project
worksheet minimum does not apply to project worksheets that are limited
to allowable administrative costs as defined in 44 CFR 204.63. This is
a substantive change, and ensures that grantees and subgrantees are
reimbursed for all eligible administrative expenses.
Three commenters supported this proposed change. One commenter
stated that due to current rule limitations and without this revision,
many small entities are unable to recover these costs. This revision
would allow small entities to be reimbursed for their administrative
efforts regardless of the amount. Another commenter acknowledged that
this proposed change would allow for full reimbursement of all eligible
administrative costs. Finally, a commenter welcomed this change for
FMAG as many of the smaller jurisdictions have not been able to obtain
reimbursement for their direct administrative costs since the costs
tend to fall well below $1,000.
IV. 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
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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 Office of Management and Budget has not
reviewed this rule.
Summary
This rule does not impose mandatory costs on grantees and
subgrantees. This rule does provide the RA with increased flexibility
to assist grantees and subgrantees who submit FMAG applications and
whose circumstances warrant an extension. In addition, the exemption
from the $1,000 project worksheet minimum will 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 will
transfer between $10,000 and $50,000 in administrative costs over the
next 10 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 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 will 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 will need to consider if it is more beneficial to expend extra
efforts to submit its FMAG application without an extension or to find
alternative means to 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 $1,000 project worksheet minimum for those
project worksheets submitted only to claim administrative costs will
transfer eligible administrative costs from grantees and subgrantees to
FEMA and the Disaster Relief Fund. This will 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 one to
five such project worksheets will be submitted each year. FEMA assumes
for this analysis that the cost of such project worksheets will 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 rule 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 rule will
also more accurately reflect the operational and administrative demands
of the FMAG grant process. In addition, the rule's nonsubstantive
modifications will 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 $1,000 project
worksheet minimum for those project worksheets submitted only to claim
eligible program administrative costs.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules. As this rule imposes no direct monetary cost, FEMA certifies
that this rule will not have a significant economic impact on a
substantial number of small entities. FEMA notes that public comment on
the proposed rule suggested this rule could especially benefit small
entities. Commenters stated that small entities and smaller
jurisdictions would now be able to recover full reimbursement for all
eligible administrative costs as their direct administrative costs
tended to fall below the previous $1,000 threshold.
C. Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 (PRA), Public
Law 104-13 (44 U.S.C. 3501 et seq.), as amended, an agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays
a valid OMB control number.
This rule contains collections of information that are subject to
review by OMB under the PRA. The information collections included in
this rule are approved by OMB under control numbers 1660-0058, Fire
Management Assistance Grant Program, which expires on October 31, 2014,
and 1660-0025, FEMA Emergency Preparedness and Response Directorate
Grants Administration Forms, which expires on September 30, 2017. There
is no new information collections included in this rule.
D. 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
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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.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109
Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 et seq.), requires Federal
agencies to assess the effects of their discretionary regulatory
actions that may result in the expenditure by a State, local, or Tribal
government, in the aggregate, or by the private sector of $100,000,000
(adjusted for inflation) or more in any one year. The Unfunded Mandates
Reform Act, however, does not apply to regulations that provide for
emergency assistance or relief at the request of any State, local, or
Tribal government or any official of a State, local, or Tribal
government (2 U.S.C. 1503). FMAGs are provided upon the request of the
State. In addition, 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 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.
H. 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.
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 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. National Environmental Policy Act
FEMA did not prepare an environmental assessment as defined by the
National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat.
852 (Jan. 1, 1970)(42 U.S.C. 4321 et seq.), as amended, because a
categorical exclusion applies to this rulemaking action. This rule
deals with the FMAG program, which is categorically excluded from the
preparation of an environmental impact statement under 44 CFR
10.8(d)(2)(xix)(N). Further, no extraordinary circumstances exist
requiring the need to develop an environmental assessment or
environmental impact statement. See 44 CFR 10.8(d)(3).
L. Congressional Review of Agency Rulemaking.
FEMA has sent this final rule to the Congress and to the Government
Accountability Office under the Congressional Review of Agency
Rulemaking Act, (``Congressional Review Act''), Public Law 104-121, 110
Stat. 873 (Mar. 29, 1996) (5 U.S.C. 804). This rule is not a ``major
rule'' within the meaning of the Congressional Review Act.
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 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 amends 44 CFR parts 204 and 206 as follows:
PART 204--FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM
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1. Revise the authority citation for part 204 to read as follows:
Authority: 42 U.S.C. 5121 through 5207; 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''.
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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 words
``We address'', and add, in their place, the words ``FEMA addresses'';
0
c. In the definition of ``Performance period'', remove ``(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,
[[Page 63546]]
in their place, the words ``The form which identifies'';
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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]
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4. In Sec. 204.21--
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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 ``(FEMA Form 90-58)''.
Sec. 204.25 [Amended]
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6. In Sec. 204.25(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 ``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 words ``we determine'' and add, in
their place, the words ``FEMA determines''.
Sec. 204.51 [Amended]
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8. In Sec. 204.51--
0
a. In paragraph (a), remove the space after the word ``Administrator'';
and remove the phrase ``SF 424 (Request for Federal Assistance) and
FEMA Form 20-16a (Summary of Assurances--Non-construction Programs)''
and add, in its place, the phrase ``Application for Federal Assistance
and Summary of Assurances--Non-construction Programs'';
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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''.
0
9. In Sec. 204.52--
0
a. In paragraph (b)(1), remove ``(FEMA Form 90-91)'';
0
b. In paragraph (c)(1), remove the words ``amendments to'' and add, in
their place, the words ``part of''; and
0
c. Revise paragraphs (a)(1) 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 Sec. 204.63.
Sec. 204.53 [Amended]
0
10. In Sec. 204.53(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 words ``we make'' and add,
in their place, the words ``FEMA makes''; and
0
b. In paragraph (a), after the words ``Regional Administrator'', remove
the space wherever it appears.
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'';
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'' 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''.
0
13. In Sec. 204.63--
0
a. In paragraphs (a) and (b), remove the word ``We'' 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]
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14. In Sec. 204.64(a), remove ``(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; sec. 1105, Pub. L. 113-2, 127 Stat. 43 (42 U.S.C.
5189a note).
Subpart L--[Removed and Reserved]
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16. Remove and reserve subpart L, consisting of Sec. Sec. 206.390
through 206.399.
Dated: October 9, 2014.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-24802 Filed 10-23-14; 8:45 am]
BILLING CODE 9111-23-P