[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5898-5903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01832]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0004]


Assistance to Firefighters Grant Program

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security (DHS).

ACTION: Notice.

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

SUMMARY: Pursuant to the Federal Fire Prevention and Control Act of 
1974, as amended, the Administrator of FEMA is publishing this notice 
describing the fiscal year (FY) 2022 Assistance to Firefighters Grant 
(AFG) Program application process, deadlines, and award selection 
criteria. This notice explains the differences, if any, between these 
guidelines and those recommended by representatives of the national 
fire service leadership during the annual meeting of the Criteria 
Development Panel (CDP), which was held July 12-15, 2022. The 
application period for the FY 2022 AFG Program is January 9-February 
10, 2023, and was announced on the FEMA AFG Program website at https://www.fema.gov/grants/preparedness/firefighters, as well as at https://www.grants.gov.

DATES: Grant applications for the FY 2022 AFG Program are being 
accepted electronically through the FEMA Grant Outcomes (FEMA GO) 
system at https://go.fema.gov/, through 5 p.m. ET on February 10, 2023.

ADDRESSES: DHS/FEMA/GPD Assistance to Firefighters Grant Branch, 400 C 
Street SW, 3N, Washington, DC 20472-3635.

FOR FURTHER INFORMATION CONTACT: Catherine Patterson, Chief, Assistance 
to Firefighters Grant Branch, 1-866-274-0960.

SUPPLEMENTARY INFORMATION: The AFG Program awards grants directly to 
fire departments, nonaffiliated emergency medical service (EMS) 
organizations, and State Fire Training Academies (SFTA) for the purpose 
of enhancing the health and safety of first responders and improving 
their abilities to protect the public from fire and fire-related 
hazards. Applications for the FY 2022 AFG Program are submitted and 
processed online through https://go.fema.gov/. Before the application 
period started, the FY 2022 AFG Program Notice of Funding Opportunity 
(NOFO) was published on FEMA's AFG Program website at https://www.fema.gov/grants/preparedness/firefighters/assistance-grants. The 
AFG Program website provides additional information and materials 
useful for FY 2022 AFG Program applicants, including Frequently Asked 
Questions, Application Checklist, Narrative Get Ready Guide, Self-
Evaluation Sheets for Vehicle Acquisition and Operations Safety, and a 
Cost-Share Calculator. Based on past AFG Program application periods, 
FEMA anticipates receiving 8,000 to 10,000 applications for the FY 2022 
AFG Program and has the ability to award approximately 2,000 grants.

Congressional Appropriations

    For the FY 2022 AFG Program, Congress appropriated $360 million 
through the Department of Homeland Security Appropriations Act, 2022, 
Public Law 117-103. From this amount, $324 million will be made 
available for FY 2022 AFG Program awards. In addition, section 33 of 
the Federal Fire Prevention and Control Act of 1974, as amended (15 
U.S.C. 2229), requires that a minimum of 10% of available funds be 
expended for Fire Prevention and Safety (FP&S) Program grants. FP&S 
Program awards will be made directly to local fire departments and to 
local, regional, state, or national entities recognized for their 
expertise in the fields of fire prevention and firefighter safety 
research and development. The funds appropriated for FY 2022 are 
available for obligation and award until Sept. 30, 2023.
    The Federal Fire Prevention and Control Act of 1974 further directs 
FEMA to administer these appropriations according to the following 
requirements:
     Career fire departments: Not less than 25% of available 
grant funds.
     Volunteer fire departments: Not less than 25% of available 
grant funds.
     Combination fire departments and departments using paid-
on-call firefighting personnel: Not less than 25% of available grant 
funds.
     Open competition (career, volunteer, and/or combination 
fire departments and departments using paid-on-call firefighting 
personnel): Not less than 10% of available grant funds awarded.
     EMS providers including fire departments and nonaffiliated 
EMS organizations: Not less than 3.5% of available grant funds awarded.
     Nonaffiliated EMS providers: Not more than 2% of the total 
available grant funds.
     SFTAs: Not more than 3% of available grant funds shall be 
collectively awarded to SFTA applicants, with a maximum of $500,000 per 
applicant.
     Vehicles: Not more than 25% of available grant funds may 
be used for the purchase of vehicles; by policy and based on 
recommendations, FEMA intends to dedicate 10% of those vehicle funds 
for ambulances.
     Micro grants: This is a voluntary funding limitation 
choice made by the applicant for requests submitted within the 
operations and safety activity. It is not an additional funding 
opportunity. Micro grants are awards that have a Federal participation 
(share) that does not exceed $50,000. Applicants that select micro 
grants may receive additional consideration for award. If an applicant 
selects micro grants in their application, they will be limited in the 
total amount of funding their organization can be awarded. If they are 
requesting funding in excess of $50,000 federal participation, they 
should not select micro grants.

Background of the AFG Program

    Since 2001, the AFG Program has awarded approximately $8.1 billion 
in grant funding to help firefighters and other first responders obtain 
critically needed equipment, protective gear, emergency vehicles, 
training, and other resources needed to protect the public and 
emergency personnel from fire and

[[Page 5899]]

fire-related hazards. FEMA awards grants on a competitive basis to the 
applicants that best address the AFG Program's priorities and provide 
the most compelling justification. Applications that best address AFG 
Program priorities, as identified in the Application Evaluation 
Criteria, are reviewed by a panel composed of fire service personnel.
    The AFG Program has three program activities:

 Operations and Safety;
 Vehicle Acquisition; and
 Regional Projects.

    The priorities for each activity are fully outlined in the funding 
notice.

Application Evaluation Criteria

    Before making a grant award, FEMA is required by 31 U.S.C. 3354, as 
amended by the Payment Integrity Information Act of 2019, Public Law 
116-117 (2020), 41 U.S.C. 2313, and 2 CFR 200.206 to review information 
available through any Office of Management and Budget-designated 
repositories of government-wide eligibility qualification or financial 
integrity information. Therefore, application evaluation criteria may 
include the following risk-based considerations of the applicant: (1) 
financial stability; (2) quality of management systems and ability to 
meet management standards; (3) history of performance in managing 
federal awards; (4) reports and findings from audits; and (5) ability 
to effectively implement statutory, regulatory, or other requirements.
    FEMA will rank all complete and submitted applications based on how 
well they align with program priorities for the type of jurisdiction(s) 
served. Answers to activity-specific questions provide information used 
to determine each application's ranking relative to the stated program 
priorities.
    Funding priorities and criteria for evaluating AFG Program 
applications are established by FEMA based on the recommendations from 
the Criteria Development Panel (CDP). The CDP is composed of fire 
service professionals who make recommendations to FEMA regarding 
creating new, or modifying previously established, funding priorities, 
as well as developing criteria for awarding grants. The content of the 
funding notice reflects implementation of the CDP's recommendations 
with respect to the priorities and evaluation criteria for awards.
    The nine major fire service organizations represented on the CDP:

 International Association of Fire Chiefs
 International Association of Fire Fighters
 National Volunteer Fire Council
 National Fire Protection Association
 National Association of State Fire Marshals
 International Association of Arson Investigators
 International Society of Fire Service Instructors
 North American Fire Training Directors
 Congressional Fire Service Institute

Review and Selection Process

    AFG Program applications are reviewed through a multi-phase 
process. All applications are electronically pre-scored and ranked 
based on how well they align with the funding priorities outlined in 
the funding notice. Applications with the highest pre-score rankings 
are then scored competitively by no less than three members of a Peer 
Review Panel. Applications are also evaluated through a series of 
internal FEMA review processes for completeness, adherence to 
programmatic guidelines, technical feasibility, and anticipated 
effectiveness of the proposed project(s). Below is the process by which 
applications are reviewed:

i. Pre-Scoring Process

    The application undergoes an electronic pre-scoring process based 
on established program priorities listed in the funding notice and 
answers to activity-specific questions within the online application. 
Application narratives are not reviewed during pre-scoring. Request 
details and budget information should comply with program guidance and 
statutory funding limitations. The pre-score is 50% of the total 
application score.

ii. Peer Review Panel Process

    Applications with the highest pre-score undergo peer review. The 
peer review is comprised of fire service representatives recommended by 
the organizations represented on the CDP. The panelists assess the 
merits of each application based on the narrative section of the 
application, including the evaluation elements listed in the Narrative 
Evaluation Criteria below. Panelists independently score each project 
within the application, discuss the merits and/or shortcomings of the 
application with their peers, and document the findings. A consensus is 
not required. The panel score is 50% of the total application score.

iii. Technical Evaluation Process

    The highest ranked applications will be considered within the 
fundable range. Applications that are in the fundable range will 
undergo both a Technical Review by a subject-matter expert as well as a 
FEMA Program Office review before being recommended for award. The FEMA 
Program Office will assess the request with respect to costs, 
quantities, feasibility, eligibility, and recipient responsibility 
prior to recommending any application for award. Once the Technical 
Evaluation Process is complete, each application's cumulative score 
will be determined and a final ranking of applications will be created. 
FEMA will award grants based on this final ranking and the ability to 
meet statutorily required funding limitations outlined in the NOFO.

Narrative Evaluation Criteria

1. Financial Need (25%)

    Applicants should describe their financial need and how consistent 
it is with the intent of the AFG Program. This statement should include 
details describing the applicant's financial distress, summarized 
budget constraints, unsuccessful attempts to secure other funding, and 
proof that their financial distress is out of their control.

2. Project Description and Budget (25%)

    This statement should clearly explain the applicant's project 
objectives and the relationship between those objectives and the 
applicant's budget and risk analysis. The applicant should describe the 
activities, including program priorities or facility modifications, 
ensuring consistency with project objectives, the applicant's mission, 
and any national, state and/or local requirements. Applicants should 
link the proposed expenses to operations and safety, as well as the 
completion of the project goals.

3. Cost Benefit (25%)

    Applicants should describe how they plan to address the operations 
and personal safety needs of their organization, including cost 
effectiveness and sharing assets. This statement should also include 
details about gaining the maximum benefits from grant funding by citing 
reasonable or required costs, such as specific overhead and 
administrative costs. The applicant's request should also be consistent 
with their mission and identify how funding will benefit their 
organization and personnel.

4. Statement of Effect on Daily Operations (25%)

    This statement should explain how these funds will enhance the 
applicant's

[[Page 5900]]

overall effectiveness. It should address how an award will improve 
daily operations and reduce the applicant's risks. Applicants should 
include how frequently the requested items will be used, and in what 
capacity. Applicants should also indicate how the requested items will 
help the community and increase the organization's ability to save 
additional lives or property. Jurisdictions that demonstrate their 
commitment and proactive posture to reducing fire risk, by explaining 
their code enforcement (to include Wildland Urban Interface code 
enforcement) and mitigation strategies (including whether or not the 
jurisdiction has a FEMA-approved mitigation strategy) may receive 
stronger consideration under this criterion.

Eligible Applicants

    Fire Departments: Fire departments operating in any of the 50 
states, as well as fire departments in the District of Columbia, the 
Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, 
Guam, American Samoa, the Commonwealth of Puerto Rico, or any federally 
recognized Indian Tribe or tribal organization. A fire department is an 
agency or organization having a formally recognized arrangement with a 
state, territory, local (city, county, parish, fire district, township, 
town or other governing body), or tribal authority to provide fire 
suppression to a population within a geographically fixed primary first 
due response area.
    Nonaffiliated EMS organizations: Nonaffiliated EMS organizations 
operating in any of the 50 states, as well as the District of Columbia, 
the Commonwealth of the Northern Mariana Islands, the U.S. Virgin 
Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, or any 
federally recognized Indian Tribe or tribal organization. A 
nonaffiliated EMS organization is an agency or organization that is a 
public or private nonprofit emergency medical services entity providing 
medical transport that is not affiliated with a hospital and does not 
serve a geographic area in which emergency medical services are 
adequately provided by a fire department. FEMA considers the following 
as hospitals under the AFG Program:

 Clinics;
 Medical centers;
 Medical colleges or universities;
 Infirmaries;
 Surgery centers; and
 Any other institutions, associations, or foundations providing 
medical, surgical, or psychiatric care and/or treatment for the sick or 
injured

    State Fire Training Academies: SFTAs operating in any of the 50 
states, as well as the District of Columbia, the Commonwealth of the 
Northern Mariana Islands, the U.S. Virgin Islands, Guam, American 
Samoa, or the Commonwealth of Puerto Rico. Applicants must be 
designated either by legislation or by a Governor's declaration as the 
sole fire service training agency within a state, territory, or the 
District of Columbia. The designated SFTA shall be the only agency/
bureau/division, or entity within that state, territory, or the 
District of Columbia.
    Non-federal airport and/or port authority fire or EMS organizations 
are eligible only if they have a formally recognized arrangement with 
the local jurisdiction to provide fire suppression or emergency medical 
services on a first-due basis outside the confines of the airport or 
port facilities. Airport or port authority fire and EMS organizations 
whose sole responsibility is suppression of fires or EMS response on 
the airport grounds or port facilities are not eligible for funding 
under the AFG Program.

Ineligibility

    FEMA considers two or more separate fire departments or 
nonaffiliated EMS organizations with different funding streams, 
personnel rosters, and Employer Identification Numbers (EIN) but 
sharing the same facilities as being separate organizations for the 
purposes of AFG Program eligibility. If two or more organizations share 
facilities and each submits an application in the same program area 
(i.e., Equipment, Modifications to Facilities, Personal Protective 
Equipment (PPE), Training, or Wellness and Fitness Programs), FEMA 
reserves the right to review all of those program area applications for 
eligibility. This determination is designed to avoid the duplication of 
benefits.

Examples of Ineligible Applications and/or Organizations Include

     Nonaffiliated EMS organization requests for any activity 
that is specific or unique to structural/proximity/wildlands 
firefighting gear.
     Fire departments that are a Federal Government entity, or 
contracted by the Federal Government, and are solely responsible under 
a formally recognized agreement for suppression of fires on Federal 
installations or land.
     Fire departments or nonaffiliated EMS organizations that 
are not independent entities but are part of, controlled by, or under 
the day-to-day operational command and control of a larger department, 
agency or Authority Having Jurisdiction (AHJ).
    [cir] However, if a fire department is considered to be the same 
legal entity as a municipality or other governmental organization, and 
otherwise meets the eligibility criteria, that municipality or other 
governmental organization may apply on behalf of that fire department 
as long as the application clearly states that the fire department is 
considered part of the same legal entity.
     Fire-based EMS organization applying as a nonaffiliated 
EMS organization.
     Auxiliaries, hospitals or fire service associations or 
interest organizations that are not the AHJ over the applicant.
     Dive teams, search and rescue squads, or similar 
organizations that do not provide medical transport.
     Fire departments, regional or nonaffiliated EMS 
organizations that are for profit.
     State or local agencies, or subsets of any governmental 
entity, or any authority that do not meet the requirements as defined 
by 15 U.S.C. 2229(a), (c).
     If an applicant submits two or more applications for the 
same equipment or other eligible activity (for example, if an applicant 
submits two or more applications, one under the Regional activity, and 
one under the Operations and Safety activity for self-contained 
breathing apparatus [SCBA]), both applications may be disqualified. If 
an applicant submits two separate applications for the same activity 
(i.e., two separate vehicle applications for the same vehicle) during 
the same application period, both applications may be disqualified.
    [cir] This is different from when an entity is applying on behalf 
of other organizations that are agencies or instrumentalities of the 
applicant (e.g., multiple fire departments under the same county, city, 
borough, parish, or other municipality). In that situation, the 
applicant may request similar or the same equipment as long as the 
application clearly states which equipment (including quantities) is 
for which agency/instrumentality. This is permissible even if that 
entity submits multiple applications across regional versus direct 
applications.
    [cir] Eligible Fire Department and nonaffiliated EMS applicants may 
submit only one application for each of the following application 
types: Individual Operations and Safety, Individual Vehicle, Regional 
Operations and Safety, and Regional Vehicle. Under the Operations and 
Safety applications, applicants may submit for multiple activities and 
for multiple items within

[[Page 5901]]

each activity. Under the Vehicle application, applicants may submit one 
application for a vehicle activity (or activities) for their department 
and one separate application for a regional vehicle (the same 
vehicle(s) may not be requested for both purposes). All duplicate 
application submissions may be disqualified.

Statutory Limits to Funding

    Congress has enacted statutory limits to the amount of funding that 
a grant recipient may receive from the AFG Program in any single fiscal 
year based on the population served (15 U.S.C. 2229(c)(2)). Awards will 
be limited based on the size of the population protected by the 
applicant, as indicated below. Notwithstanding the annual limits stated 
below, the FEMA Administrator may not award a grant in an amount that 
exceeds 1% of the available grant funds in such fiscal year, except 
where it is determined that such recipient has an extraordinary need 
for a grant in an amount that exceeds the 1% aggregate limit.
     In the case of a recipient that serves a jurisdiction with 
100,000 people or fewer, the amount of available grant funds awarded to 
such recipient shall not exceed $1 million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with 
more than 100,000 people, but not more than 500,000 people, the amount 
of available grant funds awarded to such recipient shall not exceed $2 
million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with 
more than 500,000 people, but not more than 1 million people, the 
amount of available grant funds awarded to such recipient shall not 
exceed $3 million in any fiscal year.
     In the case of a recipient that serves a jurisdiction with 
more than 1 million people, but not more than 2.5 million people, the 
amount of available grant funds awarded to such recipient is subject to 
the 1% aggregate cap of $3.24 million for FY 2022, but FEMA may waive 
this aggregate cap in individual cases where FEMA determines that a 
recipient has an extraordinary need for a grant that exceeds the 
aggregate cap; if FEMA waives the aggregate cap, the amount of grant 
funds awarded to such a recipient shall not exceed $6 million for any 
fiscal year.
     In the case of a recipient that serves a jurisdiction with 
more than 2.5 million people, the amount of available grant funds 
awarded to such recipient is subject to the 1% aggregate cap of $3.24 
million for FY 2022, but FEMA may waive this aggregate cap in 
individual cases where FEMA determines that a recipient has an 
extraordinary need for a grant that exceeds the aggregate cap; if FEMA 
waives the aggregate cap, the amount of grant funds awarded to such 
recipient shall not exceed $9 million for any fiscal year.
     FEMA may not waive the population-based limits on the 
amount of grant funds awarded as set by 15 U.S.C. 2229(c)(2)(A).
    The cumulative total of the federal share of awards in Operations 
and Safety, Regional, and Vehicle Acquisition activities will be 
considered when assessing award amounts and any limitations thereto. 
Applicants may request funding up to the statutory limit on each of 
their applications.
    For example, an applicant that serves a jurisdiction with more than 
100,000 people, but not more than 500,000 people, may request up to $2 
million on their Operations and Safety Application and up to $2 million 
on their Vehicle Acquisition request. However, should both grants be 
awarded, the applicant would have to choose which award to accept if 
the cumulative value of both applications exceeds the statutory limits.

Cost Sharing and Maintenance of Effort

    Grant recipients must share in the costs of the projects funded 
under this grant program as required by 15 U.S.C. 2229(k)(1) and in 
accordance with applicable federal regulations at 2 CFR part 200, but 
they are not required to have the cost-share at the time of application 
nor at the time of award. However, before a grant is awarded, FEMA 
validates that the grant recipient has provided sufficient evidence 
that the cost-share requirement will be fulfilled during the 
performance period of the grant award.
    In general, an eligible applicant seeking a grant shall agree to 
make available non-federal funds equal to not less than 15% of the 
grant awarded. However, the cost share will vary as follows based on 
the size of the population served by the organization, with exceptions 
to this general requirement for entities serving smaller communities:
     Applicants that serve populations of 20,000 or less shall 
agree to make available non-federal funds in an amount equal to not 
less than 5% of the grant awarded.
     Applicants serving areas with populations above 20,000, 
but not more than 1 million, shall agree to make available non-federal 
funds in an amount equal to not less than 10% of the grant awarded.
     Applicants serving areas with populations above 1 million 
shall agree to make available non-federal funds in an amount equal to 
not less than 15% of the grant awarded.
    The cost share for SFTAs will apply the requirements above based on 
the total population of the state.
    The cost share for a regional application will apply the 
requirements above based on the aggregate population of the primary 
first due response areas of the host and participating partner 
organizations that execute a Memorandum of Understanding as described 
in Appendix B, Section g., Regional Applications, of the FY 2022 AFG 
Program NOFO.
    On a case-by-case basis, FEMA may allow a grant recipient that may 
already own assets (equipment or vehicles), acquired with non-federal 
cash, to use the trade-in allowance/credit value of those assets as 
``cash'' for the purpose of meeting the cost-share obligation of their 
AFG Program award. In-kind, cost-share matches are not allowed.
    Grant recipients under this grant program must also agree to a 
maintenance of effort requirement as required by 15 U.S.C. 2229(k)(3) 
(referred to as a ``maintenance of expenditure'' requirement in that 
statute). A grant recipient shall agree to maintain during the term of 
the grant the applicant's aggregate expenditures relating to the 
activities allowable under the NOFO at not less than 80% of the average 
amount of such expenditures in the two fiscal years preceding the 
fiscal year in which the grant amounts are received.
    In cases of demonstrated economic hardship, and at the request of 
the grant recipient, the Administrator of FEMA may waive or reduce a 
grant recipient's cost-share requirement or maintenance of effort 
requirement. AFG Program applicants for FY 2022 must indicate at the 
time of application whether they are requesting a waiver and whether 
the waiver is for the cost-share requirement, for the maintenance of 
effort requirement, or both. As required by statute, the Administrator 
of FEMA is required to establish guidelines for determining what 
constitutes economic hardship. FEMA has published these guidelines on 
FEMA's website at https://www.fema.gov/sites/default/files/2020-04/Eco_Hardship_Waiver_FPS_SAFER_AFG_IB_FINAL.pdf.
    Before the start of the FY 2022 AFG Program application period, 
FEMA conducted applicant internet webinars to inform potential 
applicants about the AFG Program. In addition, FEMA provided applicants 
with information at the AFG Program website, https://www.fema.gov/grants/preparedness/firefighters, to help them prepare quality grant 
applications. The AFG Program

[[Page 5902]]

Help Desk is staffed throughout the application period to assist 
applicants with the automated application process as well as answer any 
questions.
    Applicants can reach the AFG Program Help Desk through a toll-free 
telephone number Monday through Friday, 8 a.m.-4:30 p.m. ET at 1-866-
274-0960 or electronic mail at [email protected].

Application Process

    Organizations may submit one application per application period in 
each of the three AFG Program activities (e.g., one application for 
Operations and Safety, one for Vehicle Acquisition, and/or a separate 
application to be a Joint/Regional project host). If an organization 
submits more than one application for any single AFG Program activity 
(e.g., two applications for Operations and Safety, two for Vehicles), 
either intentionally or unintentionally, both applications may be 
disqualified.
    Applicants may access the grant application electronically at 
https://go.fema.gov/. New applicants must register and establish a 
username and password for secure access to the grant application. 
Previous AFG Program applicants must use their previously established 
username and password.
    Applicants are expected to answer questions about their grant 
request that reflect the AFG Program funding priorities. In addition, 
each applicant must complete four separate narratives for each project 
or grant activity requested. Grant applicants will also provide 
relevant information about their organization's characteristics, call 
volume, and existing organizational capabilities.

System for Award Management (SAM)

    Per 2 CFR 25.200, all federal grant applicants and recipients must 
register at https://sam.gov/content/home. SAM is the Federal 
Government's System for Award Management, and registration is free of 
charge.
    Effective April 4, 2022, the Federal Government transitioned from 
using the Data Universal Numbering System or DUNS number, to a new, 
non-proprietary identifier known as a Unique Entity Identifier or UEI. 
For entities that had an active registration in SAM.gov before this 
date 2022, the UEI has automatically been assigned and no action is 
necessary. For all entities filing a new registration in SAM.gov, the 
UEI will be assigned to that Entity as part of the SAM.gov registration 
process.
    FEMA will not make a Federal award until the applicant has complied 
with all applicable SAM requirements. Therefore, an applicant's SAM 
registration must be active not only at the time of application, but 
also during the application review period and when FEMA is ready to 
make a Federal award.

Criteria Development Panel Recommendations

    If there are any differences between the published AFG Program 
guidelines and the recommendations made by the CDP, FEMA must explain 
them and publish the information in the Federal Register prior to 
awarding any grant under the AFG Program. For FY 2022, FEMA accepted 
and will implement all of the CDP's recommendations.

Adopted Recommendations for FY 2022

    Below is a list of changes between FY 2021 and FY 2022 to the AFG 
Program. The FY 2022 AFG Program funding notice contains some changes 
to definitions, descriptions, and priority categories. Changes include:
     Under Supporting Definitions:
    [cir] Definition of Combination Fire Department was updated as 
follows: Combination Fire Department as defined in 15 U.S.C. 2229, 
means a fire department that has paid firefighting personnel and 
volunteer firefighting personnel. FEMA considers a fire department with 
firefighting personnel paid a stipend, regardless of the amount, on a 
per event basis, or paid on-call, to be a combination fire department. 
This also includes non-fire emergency medical service personnel of the 
department.
     Under the Personal Protective Equipment (PPE) Activity:
    The following equipment was added as eligible under Additional 
Funding:
    [cir] Air Compressor/Fill Station/Cascade Systems (Fixed or Mobile) 
in support of SCBA request under PPE activity.
    [cir] PPE gear Washer/Extractor/Dryer in support of PPE gear 
request under PPE activity.
     Under Training Activity:
    [cir] Various NFPA standards were updated to reflect the most 
current editions.
    [cir] Props requested under the Training Activity must be essential 
to the training activity requested in the application.
     Under Equipment Activity:
    [cir] P-25-compliant Portable Radios should be requested based on 
the number of seated riding positions or active members of the 
department and supported in the request narratives.
    [cir] Repairs and upgrades to the existing simulators was added as 
a High priority item for SFTA applicants.
    [cir] Software and Learning Management System for Fire Department 
applicants was changed to Low priority.
    [cir] Vehicle mounted exhaust systems were changed to High priority 
for Fire Department, Regional, nonaffiliated EMS organizations, and 
SFTA applicants.
    [cir] Subscriptions necessary for the operation of the awarded 
equipment and purchased concurrently are eligible.
    [cir] Refurbished equipment was added under ineligible Equipment 
Activity.
     Under Modifications to Facilities the following ineligible 
items for Fire Departments and nonaffiliated EMS organizations were 
added:
    [cir] Station maintenance.
    [cir] Resurfacing of bay floors.
    [cir] Interior remodeling not pertaining to the requested 
project(s).
    [cir] Food and beverages.
     Under Regional Applications:
    [cir] Clarification that the host organization and its partners 
must be the intended beneficiaries of the proposed project was added.
    [cir] Exception to the requirement for same vendor was added.
    [cir] Clarification that the host of the Regional application is 
not considered a pass-through entity and may not issue any sub-awards.
     Under Vehicle Acquisition:
    [cir] Exception to the penalty clause for vehicle contracts was 
added.
     The following definitions were added:
    [cir] Front Line Vehicle: a vehicle that is fully equipped and 
ready to respond to emergency calls (first due, second due, ready-
reserve vehicle).
    [cir] Ready-Reserve Vehicle: a vehicle that is equipped and may be 
easily made ready to respond (i.e., emergency mobilization).
    [cir] Reserve Vehicle: a vehicle that is not fully equipped and not 
ready to respond. Reserve apparatus is used when the front-line vehicle 
is out-of-service (repairs/maintenance). Equipment is removed from the 
front-line vehicle and moved to the reserve vehicle for emergency 
response.
    [cir] Temporarily Out of Service Vehicle: A vehicle which has been 
temporarily removed from emergency response duties due to mechanical or 
safety conditions requiring repair. Although currently out of service 
this vehicle is required to meet the response needs of the agency. 
Temporarily out-of-service vehicles are included in the vehicle 
inventory, included in the seated position count and are eligible for 
replacement in the AFG program.
    [cir] Decommissioned Vehicle: A vehicle which has been permanently 
removed from any or all emergency response duties or functions. 
Examples include retired vehicles awaiting disposal, vehicles used 
solely for parade/public

[[Page 5903]]

relations use, antique vehicles, display or similar uses. 
Decommissioned vehicles are not listed in the vehicle inventory or 
included in the seated position count and are not eligible for 
replacement in the AFG program.
     Under Additions to the Application:
    [cir] Paid on call/stipend question was added.

Recommendations Not Adopted for FY 2022

     All recommendations were adopted.
    Authority: 15 U.S.C. 2229.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01832 Filed 1-27-23; 8:45 am]
BILLING CODE 9111-64-P


