[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23282-23287]
[FR Doc No: 2017-10364]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0020]

Assistance to Firefighters Grant Program; Fire Prevention and
Safety Grants

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of guidance.

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SUMMARY: This Notice provides guidelines that describe the application
process for grants and the criteria the Federal Emergency management
Agency (FEMA) will use for awarding Fire Prevention and Safety (FP&S)
grants in the fiscal year (FY) 2016 Assistance to Firefighters Grant
(AFG) Program year. It explains the differences, if any, between these
guidelines and those recommended by representatives of the Nation's
fire service leadership during the annual Criteria Development meeting,
which was held November 9-10, 2015. The application period for the FY
2016 FP&S Grant Program year will be held April 17-May 19, 2017, and
will be announced on the AFG Web site (www.fema.gov/firegrants),
www.grants.gov, and U.S. Fire Administration Web site
(www.usfa.fema.gov).

DATES: Grant applications for the FP&S Grant Program will be accepted
electronically at https://portal.fema.gov, from April 17 at 8:00 a.m.
EST--May 19 at 5:00 p.m. EST, 2017.

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

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

SUPPLEMENTARY INFORMATION: The purpose of the AFG Program is to enhance
the safety of the public and firefighters with respect to fire and
fire-related hazards. The FEMA Grant Programs Directorate administers
the FP&S Grant Program as part of the AFG Program.
    FP&S Grants are offered to support projects in two activities:
    1. Activities designed to reach high-risk target groups and
mitigate the incidence of death and injuries caused by fire and fire-
related hazards (``FP&S Activity'').
    2. Projects aimed at improving firefighter safety, health and
wellness through research and development that reduces firefighter
fatalities and injuries (``R&D Activity'').
    The grant program's authorizing statute requires that each year DHS
publish in the Federal Register the guidelines that describe the
application process and the criteria for grant awards. Approximately
1,000 applications for FP&S Grant Program funding are anticipated to be
submitted electronically, using the application submission form and
process available at the AFG e-Grant application portal: https://portal.fema.gov. Specific information about the submission of grant
applications can be found in the FY 2016 Fire Prevention and Safety
Program Notice of Funding Opportunity (NOFO), which will be available
for download at www.fema.gov/firegrants and at www.regulations.gov
under Docket ID FEMA-2017-0020.

Appropriations

    Congress appropriated $345,000,000 for AFG in FY 2016 pursuant to
the Department of Homeland Security Appropriations Act, 2016, Public
Law 114-113. From this amount, $34,500,000 will be made available for
FP&S Grant awards, pursuant to 15 U.S.C. 2229(h)(5), which states that
not less than 10 percent of available grant funds each year are awarded
under the FP&S Grant Program. Funds appropriated for all FY 2016 AFG
awards, pursuant to Public Law 114-113 will be available for obligation
and award until September 30, 2017.
    From the approximately 1,000 applications that will be requesting
assistance, FEMA anticipates that it will award approximately 100 FP&S
Grants from available grant funding.

Background of the AFG Program

    DHS awards grants on a competitive basis to the applicants that
best address the FP&S Grant Program's priorities and provide the most
compelling justification. Applications that best address the Program's
priorities will be reviewed by a panel composed of fire service
personnel.

Award Criteria

    All applications for grants will be prepared and submitted through
the AFG e-Grant application portal (https://portal.fema.gov).
    The FP&S Grant Program panels will review the applications and
score them using the following criteria areas:

 Vulnerability
 Implementation
 Evaluation Plan
 Cost Benefit
 Financial Need
 Funding Priorities
 Experience and Expertise

    The applications submitted under the R&D Activity will be reviewed
first by a panel of fire service members to identify those applications
most relevant to the fire service. The following evaluation criteria
will be used for this review:

 Purpose
 Potential Impact
 Implementation by the fire service
 Partners
 Barriers

    The applications that are determined most likely to be implemented
to enable improvement in firefighter safety, health, or wellness will
be deemed to be in the ``competitive range'' and will be forwarded to
the second level of application review, which is the scientific panel
review process. This panel will be comprised of scientists and
technology experts who have expertise pertaining to the subject matter
of the proposal.
    The Scientific Technical Evaluation Panel for the R&D Activity will
review the application and evaluate it using the following criteria:

 Project purpose(s), goals and objectives, and specific aims
 Literature Review
 Project Methods
 Project Measurements
 Project Analysis
 Dissemination and Implementation
 Cost vs. Benefit (additional consideration)
 Financial Need (additional consideration)

Eligible Applicants

    The following entities are eligible to apply directly to FEMA under
this solicitation:
    1. Fire Prevention and Safety (FP&S) Activity: Eligible applicants
for this activity include fire departments, national, regional, state,
local, tribal, and nonprofit organizations that are recognized for
their experience and expertise in fire prevention and safety programs
and activities. Both private and public non-profit organizations are
eligible to apply for funding in this activity. For-profit
organizations, federal agencies, and individuals are not

eligible to receive a FP&S Grant Award under the FP&S Activity.
    2. Firefighter Safety Research and Development (R&D) Activity:
Eligible applicants for this activity include national, state, local,
tribal, and nonprofit organizations, such as academic (e.g.,
universities), public health, occupational health, and injury
prevention institutions. Both private and public non-profit
organizations are eligible to apply for funding in this activity.
    The aforementioned entities are encouraged to apply, especially
those that are recognized for their experience and expertise in
firefighter safety, health, and wellness research and development
activities. Fire departments are not eligible to apply for funding in
the R&D activity. Additionally, for-profit organizations, federal
agencies, and individuals are not eligible to receive a grant award
under the R&D Activity.

Statutory Limits to Funding

    Applications and awards are limited to a maximum federal share of
$1.5 million dollars, regardless of applicant type.

Cost Sharing

    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 2 CFR 200.101(b)(1), 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 will contact potential
awardees to determine whether the grant recipient has the funding in
hand or if the grant recipient has a viable plan to obtain the funding
necessary to fulfill the cost-sharing requirement.
    In general, an eligible applicant seeking an FP&S grant to carry
out an activity shall agree to make available non-federal funds to
carry out such activity in an amount equal to, and not less than, five
percent of the grant awarded. Cash match and in-kind matches are both
allowable in the FP&S Grant Program. Cash (hard) matches include non-
federal cash spent for project-related costs. In-kind (soft) matches
include, but are not limited to, the valuation of in-kind services. In-
kind is the value of something received or provided that does not have
a cost associated with it. For example, where an in-kind match (other
than cash payments) is permitted, then the value of donated services
could be used to comply with the match requirement. Also, third party
in-kind contributions may count toward satisfying match requirements
provided the grant recipient receiving the contributions expends them
as allowable costs in compliance with provisions listed above.
    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). Per this requirement, a grant recipient shall agree to
maintain during the term of the grant, the grant recipient's aggregate
expenditures relating to the activities allowable under the FP&S NOFO
at not less than 80 percent (80%) of the average amount of such
expenditures in the two (2) fiscal years preceding the fiscal year in
which the grant amounts are received.
    In cases of demonstrated economic hardship, and on the application
of the grant recipient, the Administrator of FEMA may waive or reduce
certain grant recipient's cost share or maintenance of expenditure
requirements. This policy applies to FP&S per Sec.  33 of the Federal
Fire Prevention and Control Act of 1974 (Pub. L. 93-498, as amended)
(15 U.S.C Sec.  2229). For complete requirements concerning these
waivers, including a description of how a grant recipient may
demonstrate economic hardship and apply for a waiver, please refer to
FEMA Policy FP 207-088-01, dated April 8, 2014, at: http://www.fema.gov/media-library-data/1398109239435-ec23997d8351382710896fa77d02bc7d/AFG+Economic+Hardship+Waiver+Policy.pdf. Per 15 U.S.C. 2229(k)(4)(C),
FP&S grant recipients that are not fire departments are not eligible to
receive a waiver of their cost share or economic hardship requirements.

System for Award Management (SAM)

    On July 29, 2010, the Central Contractor Registration (CCR) was
moved into the System for Award Management (SAM). The Office of
Management and Budget (OMB) issued guidance to federal agencies
requiring all prime recipients of federal grants to register in SAM.
SAM is the primary vendor database for the Federal Government to
collect, validate, store, and disseminate data from a secure
centralized system. SAM consolidated the capabilities found in CCR and
other federal procurement systems into one new system.
    There is no charge to register in SAM.gov. Registrations must be
completed on-line at https://www.sam.gov/portal/public/SAM/. The
applicant organization is responsibile for having a valid Dun and
Bradstreet (DUNS) number at the time of registration. Organizations
with an active record in CCR have an active record in SAM, but may need
to validate their information. For registration, go to https://www.sam.gov/portal/public/SAM/.

Application Process

    Applicants may only submit one (1) application, but may submit for
up to three (3) projects under each activity (FP&S and R&D). Any
applicant that submits more than one (1) application may have all
applications for any duplicated request(s) deemed ineligible.
    Under the FP&S Activity, applicants may apply under the following
categories:

 Community Risk Reduction
 Fire & Arson Investigation
 Code Enforcement/Awareness
 National/State/Regional Programs and Studies

    Under the R&D Activity, applicants may apply under the following
categories:

 Clinical Studies
 Technology and Product Development
 Database System Development
 Dissemination and Implementation Research
 Preliminary Studies

    Prior to the start of the FY 2016 FP&S Grant Program application
period, FEMA will provide applicants with technical assistance tools
(available at the AFG Web site: www.fema.gov/firegrants) and other
online information to help them prepare quality grant applications. AFG
will also staff a Help Desk throughout the application period to assist
applicants with navigation through the automated application as well as
assistance with any questions they have. Applicants can reach the AFG
Help Desk through a toll-free telephone number (1-866-274-0960) or
electronic mail (firegrants@dhs.gov).
    Applicants are advised to access the application electronically at
https://portal.fema.gov. The application also will be accessible from
the grants.gov Web site (http://www.grants.gov). New applicants are
required to register and establish a username and password for secure
access to their application. Applicants that applied to any previous
AFG or Staffing for Adequate Fire and Emergency Response (SAFER)
funding opportunities were required to use their previously established
usernames and passwords.
    In completing an application under this funding opportunity,
applicants will be asked to provide relevant information on their
organization's characteristics and existing capabilities. Those
applicants are asked to answer

questions about their grant request that reflect the funding
priorities, described below. In addition, each applicant will complete
narratives for each project or grant activity requested.
    The following are the funding priorities for each category under
the FP&S Activity:
     Community Risk Reduction--Under the Community Risk
Reduction category there are two funding priorities:
    [cir] Priority will be given to programs that target high risk
population to conduct both door-to-door smoke alarm installations and
provide home safety inspections (including sprinkler awareness), as
part of a comprehensive home fire safety campaign.
    [cir] Priority will also be given to programs that include
sprinkler awareness that affect the entire community, such as educating
the public about residential sprinklers, promoting residential
sprinklers, and demonstrating working models of residential sprinklers.
     Code Enforcement/Awareness--projects that focus on first
time or reinstatement of code adoption and code enforcement.
     Fire & Arson Investigation--projects that aim to
aggressively investigate every fire.
     National/State/Regional Programs and Studies--projects
that focus on residential fire issues and/or firefighter behavior and
decision-making.
    Under the R&D Activity, in order to identify and address the most
important elements of firefighter safety, FEMA looked to the fire
service for its input and recommendations. In June 2005, the National
Fallen Firefighters' Foundation (NFFF) hosted a working group to
facilitate the development of an agenda for the nation's fire service,
and in particular for firefighter safety. In November 2015, the NFFF
hosted their third working group to update the agenda with current
priorities. A copy of the research agenda is available on the NFFF Web
site at http://www.everyonegoeshome.com/resources/research-symposium-reports/.
    Projects that meet the intent of this research agenda with respect
to firefighter health and safety, as identified by the NFFF working
group, will be given consideration under the R&D Activity. However, the
applicant is not limited to these specific projects. All proposed
projects, regardless of whether they have been identified by this
working group, will be evaluated on their relevance to firefighter
health and safety, and scientific rigor.
    The electronic application process will permit the applicant to
enter and save the application data. The system does not permit the
submission of incomplete applications. Except for the narrative
textboxes, the application will use a ``point-and-click'' selection
process or require the entry of data (e.g., name and address).
Applicants will be encouraged to read the FP&S Funding Opportunity
Announcement for more details.

Criteria Development Process

    Each year, DHS convenes a panel of fire service professionals to
develop the funding priorities and other implementation criteria for
AFG. The Criteria Development Panel is comprised of representatives
from nine major fire service organizations who are charged with making
recommendations to FEMA regarding the creation of new funding
priorities, the modification of existing funding priorities, and the
development of criteria for awarding grants. The nine major fire
service organizations represented on the panel are:

 Congressional Fire Services Institute (CFSI)
 International Association of Arson Investigators (IAAI)
 International Association of Fire Chiefs (IAFC)
 International Association of Fire Fighters (IAFF)
 International Society of Fire Service Instructors (ISFSI)
 National Association of State Fire Marshals (NASFM)
 National Fire Protection Association (NFPA)
 National Volunteer Fire Council (NVFC)
 North American Fire Training Directors (NAFTD)

    The FY 2016 criteria development panel meeting occurred November 9-
10, 2015. The content of the FY 2016 FP&S Notice of Funding Oportunity
reflects the implementation of the Criteria Development Panel's
recommendations with respect to the priorities, direction, and criteria
for awards. All of the funding priorities for the FY 2016 FP&S Grant
Program are designed to address the following:

 First responder safety
 Enhancing national capabilities
 Risk
 Interoperability

Changes for FY 2016

FY 2016 FP&S Notice of Funding Opportunity Announcement

    (1) Under the Fire Prevention and Safety Activity, the General
Education Awareness Category has been revised and is now called the
Community Risk Reduction Category. The priorities and eligible
activities remain the same.

Application Review Process and Considerations

    The program's authorizing statute requires that each year DHS
publish in the Federal Register a description of the grant application
process and the criteria for grant awards. This information is provided
below.
    DHS will review and evaluate all FP&S applications submitted using
the funding priorities and evaluation criteria described in this
document, which are based on recommendations from the AFG Criteria
Development Panel.

Peer Review Process

Technical Evaluation Process--Fire Prevention and Safety Activity

    All eligible applications will be evaluated by a Technical
Evaluation Panel (TEP). The TEP is comprised of a panel of Peer
Reviewers. The TEP will assess each application's merits with respect
to the detail provided in the Narrative Statement on the activity,
including the evaluation elements listed in the Evaluation Criteria
identified above.
    The panel of Peer Reviewers will independently score each project
within the application, discuss the merits and/or shortcomings of the
application, and document the findings. A consensus is not required.
The highest ranked applications will receive further technical review
to assess strengths and weaknesses, how readily weaknesses may be
resolved, and the likely impact of the proposed activities on the
safety of the target audience.

Technical Evaluation Process--Research and Development Activity

    R&D applications will go through a two-phase review process. First,
all applications will be reviewed by a panel of fire service experts to
assess relevance, meaning the likely impact of the proposed R&D
application to enable improvement in firefighter safety, health, or
wellness. They will also assess the need for the research results and
the likelihood that the results would be implemented by the fire
service in the United States. Applications that are deemed likely to be
implemented to enable improvement in firefighter safety, health, or
wellness will then receive further consideration by a science review
panel. This panel will be comprised of scientists and technology
experts who have expertise pertaining to the subject matter of the
proposal.
    Reviewers will independently score applications and, if necessary,
discuss the merits or shortcomings of the

application in order to reconcile any major discrepancies identified by
the reviewers. A consensus is not required.
    With input from these panels, for the highest ranked applications,
FEMA will review each application's strengths and weaknesses, how best
the strengths fit the priorities of the FP&S Grant Program, and how
readily the weaknesses may be resolved to support likely impact of the
project to improve firefighter safety, heath, or wellness.

Technical Review Process

    Projects receiving the highest scores then will undergo a technical
review by a subject matter specialist to assess the technical
feasibility of the project and a programmatic review to assess
eligibility and other factors.
    After the completion of the technical reviews, DHS will select a
sufficient number of awardees from this application period to obligate
all of the available grant funding. It will evaluate and act on
applications within 90 days following the close of the application
period. Award announcements will be made on a rolling basis until all
available grant funds have been committed. Awards will not be made in
any specified order. DHS will notify unsuccessful applicants as soon as
it is feasible.

Evaluation Criteria for Projects--Fire Prevention and Safety Activity

    Funding decisions will be informed by an assessment of how well the
application addresses the criteria and considerations listed below.
Applications will be reviewed by the TEP using weighted evaluation
criteria to score the project. These scores will impact the ranking of
a project for funding.
    The relative weight of the evaluation criteria in the determination
of the grant award is listed below.
     Financial Need (10%): Applicants should provide details on
the need for financial assistance to carry out the proposed project(s).
Included in the description might be other unsuccessful attempts to
acquire financial assistance or specific examples of the applicant's
operational budget.
     Vulnerability Statement (25%): The assessment of fire risk
is essential in the development of an effective project goal, as well
as meeting FEMA's goal to reduce risk by conducting a risk analysis as
a basis for action. Vulnerability is a ``weak link'' demonstrating high
risk behavior, living conditions or any type of high risk situation or
behavior. The Vulnerability Statement should include a description of
the steps taken to determine the vulnerability (weak link) and identify
the target audience. The methodology for determination of vulnerability
(how you found the weak link) should be discussed in-depth in the
application's Narrative Statement.
    [cir] The specific vulnerability (weak link) that will be addressed
with the proposed project can be established through a formal or
informal risk assessment. FEMA encourages the use of local statistics,
rather than national statistics, when discussing the vulnerability.
    [cir] The applicant should summarize the vulnerability (weakness)
the project will address in a clear, to-the-point statement that
addresses who is at risk, what the risks are, where the risks are, and
how the risks can be prevented.
    [cir] For the purpose of the FY 2016 FP&S NOFO, formal risk
assessments consist of the use of software programs or recognized
expert analysis that assess risk trends.
    [cir] Informal risk assessments could include an in-house review of
available data (e.g., National Fire Incident Reporting System) to
determine fire loss, burn injuries or loss of life over a period of
time, and the factors that are the cause and origin for each
occurrence.
     Implementation Plan (25%): Projects should provide details
on the implementation plan which discusses the proposed project's goals
and objectives. The following information should be included to support
the implementation plan:
    [cir] Goals and objectives.
    [cir] Details regarding the methods and specific steps that will be
used to achieve the goals and objectives.
    [cir] Timelines.
    [cir] Where applicable, examples of marketing efforts to promote
the project, who will deliver the project (e.g., effective
partnerships), and the manner in which materials or deliverables will
be distributed.
    [cir] Requests for props (i.e., tools used in educational or
awareness demonstrations), including specific goals, measurable
results, and details on the frequency for which the prop will be
utilized as part of the implementation plan. Applicants should include
information describing the efforts that will be used to reach the high
risk audience and/or the number of people reached through the proposed
project.
     Evaluation Plan (25%): Projects should include an
evaluation of effectiveness and should identify measurable goals.
Applicants seeking to carry out awareness and educational projects, for
example, should identify how they intend to determine that there has
been an increase in knowledge about fire hazards, or measure a change
in the safety behaviors of the audience. Applicants should demonstrate
how they will measure risk at the outset of the project in comparison
to how much the risk decreased after the project is finished. There are
various ways to measure the knowledge gained including the use of
surveys, pre- and post-tests or documented observations.
     Cost-Benefit (10%): Projects will be evaluated based on
how well the applicant addresses the fire prevention needs of the
department or organization in an economic and efficient manner. It
should show how to maximize the level of funding that goes directly
into the delivery of the project. The costs associated with the project
must also be reasonable for the target audience that will be reached,
and a description of how the anticipated benefit(s) of their projects
outweighs the cost(s) of the requested item(s) should be included.
Providing justification for costs assists the Technical Evaluation
Panel with this review.
     Funding Priorities (5%): Applicants will be evaluated on
whether or not the proposed project meets the stated funding priority
(listed below) for the applicable category.
    [cir] Community Risk Reduction Priority: Comprehensive home fire
safety campaign with door-to-door smoke alarm installations or
residential sprinkler awareness projects/activities.
    [cir] Fire/Arson Investigation Priority: Projects that aim to
aggressively investigate every fire.
    [cir] Code Enforcement/Awareness Priority: Projects that focus on
first time or reinstatement of code adoption and code enforcement.
    [cir] National/State/Regional Programs and Studies Priority:
Projects that focus on residential fire issues, and/or firefighter
safety projects or strategies that are designed to measureably change
firefighter behavior and decision-making.
     Experience and Expertise (additional consideration):
Applicants that demonstrate their experience and ability to conduct
fire prevention and safety activities, and to execute the proposed or
similar project(s), will receive additional consideration.

Evaluation Criteria--Firefighter Safety Research and Development
Activity

    Funding decisions will be informed by an assessment of how well the
application addresses the criteria and considerations listed below.
    All applications will reviewed by a fire service expert panel using
weighted evaluation criteria, and those

applications deemed to be in the ``competitive range'' will then be
reviewed by a scientific peer review panel evaluation using weighted
evaluation criteria to score the project. Scientific evaluations will
impact the ranking of the project for funding.
    In addition, other Science Panel considerations are indicated in
the list below:

Fire Service Evaluation Criteria

     Purpose (25%): Applicants should clearly identify the
benefits of the proposed research project to improve firefighter
safety, health, or wellness, and identify specific gaps in knowledge
that will be addressed.
     Implementation by Fire Service (25%): Applicants should
discuss how the outcomes/products of this research, if successful, are
likely to be widely/nationally adopted and accepted by the fire service
as changes that enhance firefighter safety, health, or wellness.
     Potential Impact (15%): Applicants should discuss the
potential impact of the research outcome/product on firefighter safety
by quantifying the possible reduction in the number of fatal or non-
fatal injuries, or on wellness by significantly improving the overall
health of firefighters.
     Barriers (15%): Applicants should recognize that all
research contains some level of risk and that the proposed outcomes may
not be realized. The applicant needs to identify and discuss potential
fire service and other barriers to successfully complete the study on
schedule, including contingencies and strategies to deal with barriers
if they materialize. This may include barriers that could inhibit the
proposed fire service participation in the study or the adoption of
successful results by the fire service when the project is completed.
     Partners (20%): Applicants should recognize that
participation of the fire service as a partner in the research, from
development to dissemination, is regarded as an essential part of all
projects. Applicants should describe the fire service partners and
contractors that will support the project to accomplish the objectives
of the study. The specific roles and contributions of the partners
should be described. Partnerships may be formed with local and regional
fire departments, and also with national fire-related organizations.
Letters of support and letters of commitment to actively participate in
the project should be included in the appendix of the application.
Generally, participants of a diverse population, including both career
and volunteer firefighters, are expected to facilitate acceptance of
results nationally. In cases where this is not practical, due to the
nature of the study or other limitations, these circumstances should
clearly be explained.

Science Panel Evaluation Criteria

     Project goals, objectives, and specific aims (15%):
Applicants should address how the purpose, goals, objectives, and aims
of the proposal will lead to results that will improve firefighter
safety, health, or wellness. For multi-year projects, greater detail
should be given for the first year.
     Literature Review (10%): Applicants should provide a
literature review that is relevant to the project's goals, objectives,
and specific aims. The citations should be placed in the text of the
narrative statement, with references listed at the end of the Narrative
Statement (and not in the Appendix) of the application. The review
should be in sufficient depth to make it clear that the proposed
project is necessary, adds to an existing body of knowledge, is
different from current and previous studies, and offers a unique
contribution.
     Project Methods (20%): Applicants should provide a
description of how the project will be carried out, including
demonstration of the overall scientific and technical rigor and merit
of the project. This includes the operations to accomplish the purpose,
goals and objectives, and the specific aims of the project. Plans to
recruit and retain human subjects, where applicable, should be
described. Where human subjects are involved in the project, the
applicant should describe plans for submission to the Institutional
Review Board (IRB) (for further guidance and requirements, see Appendix
B--Programmatic Information and Priorities, Section IV of the FY 2016
FP&S NOFO. Other Eligible Project and Ineligible Projects and Costs,
Section B. Research and Development Project Eligibility Information,
Section i. Human Subject Research).
     Project Measurements (20%): Applicants should provide
evidence of the technical rigor and merit of the project, such as data
pertaining to validity, reliability, and sensitivity (where
established) of the facilities, equipment, instruments, standards, and
procedures that will be used to carry out the research. The applicant
should discuss the data to be collected to evaluate the performance
methods, technologies, and products proposed to enhance firefighter
safety, health, or wellness. The applicant should demonstrate that the
measurement methods and equipment selected for use are appropriate and
sufficient to successfully deliver the proposed project objectives.
     Project Analysis (20%): The applicant should indicate the
planned approach for analysis of the data obtained from measurements,
questionnaires, or computations. The applicant should specify within
the plan what will be analyzed, the statistical methods that will be
used, the sequence of steps, and interactions as appropriate. It should
be clear that the Principal Investigator (PI) and research team have
the expertise to perform the planned analysis and defend the results in
a peer review process.
     Dissemination and Implementation (15%): Applicants should
indicate dissemination plans for scientific audiences (such as plans
for submissions to specific peer review publications) and for
firefighter audiences (such as Web sites, magazines, and conferences).
Also, assuming positive results, the applicant should indicate future
steps that would support dissemination and implementation throughout
the fire service, where applicable. These steps are likely to be beyond
the current study, so those features of the research activity that will
facilitate future dissemination and implementation should be discussed.
All applicants should specify how the results of the project, if
successful, might be disseminated and implemented in the fire service
to improve firefighter safety, health, or wellness. It is expected that
successful R&D Activity Projects may give rise to future programs
including FP&S Activity Projects.
     Cost vs. Benefit (additional consideration): Cost vs.
benefit in this evaluation element refers to the costs of the grant for
the research and development project as it relates to the benefits that
are projected for firefighters who would have improved safety, health,
or wellness. Applicants should demonstrate a high benefit for the cost
incurred, and effective utilization of federal funds for research
activities.
     Financial Need (additional consideration): In the
Applicant Information section of the application, applicants should
provide details on the need for federal financial assistance to carry
out the proposed project(s). Applicants may include a description of
unsuccessful attempts to acquire financial assistance. Applicants
should provide detail about the organization's operating budget,
including a high-level breakdown of the budget; describe the
department's inability to address financial needs without federal
assistance; and discuss other actions the

department has taken to meet their staffing needs (e.g., state
assistance programs, other grant programs, etc.).

Other Selection Information

    Awards will be made using the results of peer-reviewed applications
as the primary basis for decisions, regardless of activity. However,
there are some exceptions to strictly using the peer review results.
The applicant's prior AFG, SAFER, and FP&S grant management performance
will also be taken into consideration when making recommendations for
award. All final funding determinations will be made by the
Administrator of FEMA, or the Administrator's designee.
    Fire departments and other eligible applicants that have received
funding under the FP&S Grant Program in previous years are eligible to
apply for funding in the current year. However, DHS may take into
account an applicant's performance on prior grants when making funding
decisions on current applications.
    Once every application in the competitive range has been through
the technical evaluation phase, the applications will be ranked
according to the average score awarded by the panel.
    The ranking will be summarized in a Technical Report prepared by
the AFG Program Office. A Grants Management Specialist will contact the
applicant to discuss and/or negotiate the content of the application
and SAM.gov registration before making final award decisions.

    Authority: 15 U.S.C. 2229.

Robert J. Fenton, Jr.,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-10364 Filed 5-19-17; 8:45 am]
 BILLING CODE 9111-64-P


. Signature: Project No.: 0<IP_ADDRESS>   DISTRIBUTION Page __ 1_ of _ 1_

Project Name: 304m Industry Investigations: Timber Products TELEPHONE CALL RECORD Outgoing Call Date: January 21, 2004 Time: 3: 30 PM Company Name: Eastern Research Group, Inc. Contact Name: Shannon Maher, EPA Region 4, RCRA Enforcement Phone No.: ( 404) 562 9623 Name: Betsy Bicknell Eastern Research Group, Inc.

GENERAL SUBJECT : NPDES Permits for Wood Treating Facilities TOPICS DISCUSSED AND ACTION TAKEN I called Shannon to explore comments made by Seth Heminway, EPA/ OECA/ Office of Compliance. Seth mentioned:

a couple of points about wood treaters and NPDES, namely, that some plants, even though they are supposed to be 0 discharge, have succeeded in getting what I would consider sham NPDES permits in an attempt to have their sumps and tanks exempted from RCRA under the wastewater exemption. Probably all and especially those with uncovered storage yards have stormwater toxicity problems.

Shannon was not familiar with any cases of " sham NPDES permits" in Region 4. She felt that both the RCRA and stormwater programs were quite familiar with the operations of wood preserving facilities in the Region.

I asked what the facilities planned to do as CCA is phased out. Would they undertake RCRA closure? Shannon said that the states have contacted the plants to ask what they intend to do. At this point, most seem to be planning to continue operating under Subpart W, because closure would be more onerous ( costly, dificult) than continuing to operate under RCRA.

Shannon noted in passing that only 8 percent of RCRA facilities are TRI reporters.


[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62576-62578]
[FR Doc No: 2015-26329]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76117; File No. TP 15-19]

Order Granting Limited Exemptions From Exchange Act Rule 10b-17
and Rules 101 and 102 of Regulation M to PowerShares DWA Tactical
Sector Rotation Portfolio Pursuant to Exchange Act Rule 10b-17(b)(2)
and Rules 101(d) and 102(e) of Regulation M

October 8, 2015.
    By letter dated October 8, 2015 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for PowerShares Exchange-Traded Fund Trust II (the ``Trust''),
on behalf of the Trust, PowerShares DWA Tactical Sector Rotation
Portfolio (the ``Fund''), any national securities exchange on or
through which shares issued by the Fund (``Shares'') may subsequently
trade, Invesco Distributors, Inc. (the ``Distributor''), and persons or
entities engaging in transactions in Shares (collectively, the
``Requestors''), requested exemptions, or interpretive or no-action
relief, from Rule 10b-17 of the Securities Exchange Act of 1934, as
amended (``Exchange Act''), and Rules 101 and 102 of Regulation M, in
connection with secondary market transactions in Shares and the
creation or redemption of aggregations of Shares of at least 50,000
shares (``Creation Units'').
    The Trust is registered with the Securities and Exchange Commission
(``Commission'') under the Investment Company Act of 1940, as amended
(``1940 Act''), as an open-end management investment company. The Fund
seeks to track the performance of the underlying index, the Dorsey
Wright[supreg] Sector 4 Index (the ``Index'').

The Fund intends to operate as an ``ETF of ETFs'' by seeking to track
the performance of its underlying Index through, under normal
circumstances, investing at least 90% of its total assets in the ETFs
that comprise the Index, and may include U.S. Treasury Bills.\1\ Except
for the fact that the Fund will operate as an ETF of ETFs, the Fund
will operate in a manner identical to the ETFs that are included in the
Index.
---------------------------------------------------------------------------

    \1\ At any point, the Index comprises up to four PowerShares
ETFs from a set of nine eligible PowerShares ETFs. During market
periods when fewer than four eligible PowerShares ETFs demonstrate
sufficient relative strength, however, the Index may hold up to a
100% cash position, represented by U.S. Treasury Bills with a
duration ranging from 0-180 days, in an amount equal to the weight
of the PowerShares ETFs that would otherwise be included in the
Index.
---------------------------------------------------------------------------

    The Requestors represent, among other things, the following:
     Shares of the Fund will be issued by the Trust, an open-
end management investment company that is registered with the
Commission;
     The Trust will continuously redeem Creation Units at net
asset value (``NAV''), and the secondary market price of the Shares
should not vary substantially from the NAV of such Shares;
     Shares of the Fund will be listed and traded on the NASDAQ
Stock Market LLC or another exchange in accordance with exchange
listing standards that are, or will become, effective pursuant to
Section 19(b) of the Exchange Act (the ``Exchange''); \2\
---------------------------------------------------------------------------

    \2\ Further, the Letter states that should the Shares also trade
on a market pursuant to unlisted trading privileges, such trading
will be conducted pursuant to self-regulatory organization rules
that have become effective pursuant to Section 19(b) of the Exchange
Act.
---------------------------------------------------------------------------

     All ETFs in which the Fund is invested will meet all
conditions set forth in a relevant class relief letter,\3\ will have
received individual relief from the Commission, or will be able to rely
upon individual relief even though they are not named parties (for
example, a no-action letter);
---------------------------------------------------------------------------

    \3\ Exchange Act Rel. No. 67215 (June 19, 2012); 77 FR 37941
(June 25, 2012); Letter from Catherine McGuire, Esq., Chief Counsel,
Division of Market Regulation, to the Securities Industry
Association Derivative Products Committee (November 21, 2005);
Letter from Racquel L. Russell, Branch Chief, Division of Market
Regulation, to George T. Simon, Esq., Foley & Lardner LLP (June 21,
2006); Letter from James A. Brigagliano, Acting Associate Director,
Division of Market Regulation, to Stuart M. Strauss, Esq., Clifford
Chance US LLP (October 24, 2006); Letter from James A. Brigagliano,
Associate Director, Division of Market Regulation, to Benjamin
Haskin, Esq., Willkie Farr & Gallagher LLP (April 9, 2007); Letter
from Josephine Tao, Assistant Director, Division of Trading and
Markets, to Domenick Pugliese, Esq., Paul, Hastings, Janofsky &
Walker LLP (June 27, 2007); see also Staff Legal Bulletin No. 9,
``Frequently Asked Questions About Regulation M'' (April 12, 2002)
(regarding actively-managed ETFs).
---------------------------------------------------------------------------

     At least 70% of the Fund is comprised of component
securities that will meet the minimum public float and minimum average
daily trading volume thresholds under the ``actively-traded
securities'' definition found in Regulation M for excepted securities
during each of the previous two months of trading prior to formation of
the Fund;
     All the components of the Index will have publicly
available last sale trade information;
     The intra-day proxy value of the Fund per share and the
value of the Index will be publicly disseminated by a major market data
vendor throughout the trading day;
     On each business day before the opening of business on the
Exchange, the Fund's custodian, through the National Securities
Clearing Corporation, will make available the list of the names and the
numbers of securities and other assets of the Fund's portfolio that
will be applicable that day to creation and redemption requests;
     The Exchange or other market information provider will
disseminate (i) continuously every 15 seconds throughout the trading
day, through the facilities of the consolidated tape, the market value
of a Share, and (ii) every 15 seconds throughout the trading day, a
calculation of the intra-day indicative value of a Share;
     The arbitrage mechanism will be facilitated by the
transparency of the Fund's portfolio and the availability of the intra-
day indicative value, the liquidity of securities held by the Fund, and
the ability to acquire such securities, as well as the arbitrageurs'
ability to create workable hedges;
     The Fund will invest solely in liquid securities;
     The Fund will invest in securities that will facilitate an
effective and efficient arbitrage mechanism and the ability to create
workable hedges;
     The Trust believes that arbitrageurs are expected to take
advantage of price variations between the Fund's market price and its
NAV; and
     A close alignment between the market price of Shares and
the Fund's NAV is expected.

Regulation M

    While redeemable securities issued by an open-end management
investment company are excepted from the provisions of Rules 101 and
102 of Regulation M, the Requestors may not rely upon those exceptions
for the Shares.\4\ However, we find that it is appropriate in the
public interest and is consistent with the protection of investors to
grant a conditional exemption from Rules 101 and 102 to persons who may
be deemed to be participating in a distribution of Shares of the Fund
as described in more detail below.
---------------------------------------------------------------------------

    \4\ While ETFs operate under exemptions from the definitions of
``open-end company'' under Section 5(a)(1) of the 1940 Act and
``redeemable security'' under Section 2(a)(32) of the 1940 Act, the
Fund and its securities do not meet those definitions.
---------------------------------------------------------------------------

Rule 101 of Regulation M

    Generally, Rule 101 of Regulation M is an anti-manipulation rule
that, subject to certain exceptions, prohibits any ``distribution
participant'' and its ``affiliated purchasers'' from bidding for,
purchasing, or attempting to induce any person to bid for or purchase
any security that is the subject of a distribution until after the
applicable restricted period, except as specifically permitted in the
Rule. Rule 100 of Regulation M defines ``distribution'' to mean any
offering of securities that is distinguished from ordinary trading
transactions by the magnitude of the offering and the presence of
special selling efforts and selling methods. The provisions of Rule 101
of Regulation M apply to underwriters, prospective underwriters,
brokers, dealers, or other persons who have agreed to participate or
are participating in a distribution of securities. The Shares are in a
continuous distribution, and, as such, the restricted period in which
distribution participants and their affiliated purchasers are
prohibited from bidding for, purchasing, or attempting to induce others
to bid for or purchase extends indefinitely.
    Based on the representations and the facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will continuously redeem at the NAV Creation
Unit size aggregations of the Shares of the Fund and that a close
alignment between the market price of Shares and the Fund's NAV is
expected, the Commission finds that it is appropriate in the public
interest, and consistent with the protection of investors to grant the
Trust an exemption under paragraph (d) of Rule 101 of Regulation M with
respect to the Fund, thus permitting persons participating in a
distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.\5\
---------------------------------------------------------------------------

    \5\ Additionally, we confirm the interpretation that a
redemption of Creation Unit size aggregations of Shares of the Fund
and the receipt of securities in exchange by a participant in a
distribution of Shares of the Fund would not constitute an ``attempt
to induce any person to bid for or purchase[] a covered security
during the applicable restricted period'' within the meaning of Rule
101 of Regulation M and therefore would not violate that rule.

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

Rule 102 of Regulation M

    Rule 102 of Regulation M prohibits issuers, selling security
holders, and any affiliated purchaser of such person from bidding for,
purchasing, or attempting to induce any person to bid for or purchase a
covered security during the applicable restricted period in connection
with a distribution of securities effected by or on behalf of an issuer
or selling security holder.
    Based on the representations and the facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will redeem at the NAV Creation Unit size
aggregations of Shares of the Fund and that a close alignment between
the market price of Shares and the Fund's NAV is expected, the
Commission finds that it is appropriate in the public interest, and
consistent with the protection of investors to grant the Trust an
exemption under paragraph (e) of Rule 102 of Regulation M with respect
to the Fund, thus permitting the Fund to redeem Shares of the Fund
during the continuous offering of such Shares.

Rule 10b-17

    Rule 10b-17, with certain exceptions, requires an issuer of a class
of publicly traded securities to give notice of certain specified
actions (for example, a dividend distribution) relating to such class
of securities in accordance with Rule 10b-17(b). Based on the
representations and the facts presented in the Letter, and subject to
the conditions below, the Commission finds that it is appropriate in
the public interest, and consistent with the protection of investors,
to grant the Trust a conditional exemption from Rule 10b-17 because
market participants will receive timely notification of the existence
and timing of a pending distribution, and thus the concerns that the
Commission raised in adopting Rule 10b-17 will not be implicated.\6\
---------------------------------------------------------------------------

    \6\ We also note that timely compliance with Rule 10b-
17(b)(1)(v)(a) and (b) would be impractical in light of the Fund's
nature because it is not possible for the Fund to accurately project
ten days in advance what dividend, if any, would be paid on a
particular record date.
---------------------------------------------------------------------------

Conclusion

    It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that
the Trust, based on the representations and facts presented in the
Letter, is exempt from the requirements of Rule 101 with respect to the
Fund, thus permitting persons who may be deemed to be participating in
a distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.
    It is further ordered, pursuant to Rule 102(e) of Regulation M,
that the Trust, based on the representations and the facts presented in
the Letter, is exempt from the requirements of Rule 102 with respect to
the Fund, thus permitting the Fund to redeem Shares of the Fund during
the continuous offering of such Shares.
    It is further ordered, pursuant to Rule 10b-17(b)(2), that the
Trust, based on the representations and the facts presented in the
Letter and subject to the conditions below, is exempt from the
requirements of Rule 10b-17 with respect to the transactions in the
Shares of the Fund.
    This exemptive relief is subject to the following conditions:
     The Trust will comply with Rule 10b-17, except for Rule
10b-17(b)(1)(v)(a) and (b); and
     The Trust will provide the information required by Rule
10b-17(b)(1)(v)(a) and (b) to the Exchange as soon as practicable
before trading begins on the ex-dividend date, but in no event later
than the time when the Exchange last accepts information relating to
distributions on the day before the ex-dividend date.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or representations may require a
different response. Persons relying upon this exemptive relief shall
discontinue transactions involving the Shares of the Fund, pending
presentation of the facts for the Commission's consideration, in the
event that any material change occurs with respect to any of the facts
or representations made by the Requestors, and as is the case with all
preceding letters, particularly with respect to the close alignment
between the market price of Shares and the Fund's NAV. In addition,
persons relying on this exemption are directed to the anti-fraud and
anti-manipulation provisions of the Exchange Act, particularly Sections
9(a), 10(b), and Rule 10b-5 thereunder. Responsibility for compliance
with these and any other applicable provisions of the federal
securities laws must rest with the persons relying on this exemption.
This Order should not be considered a view with respect to any other
question that the proposed transactions may raise, including, but not
limited to, the adequacy of the disclosure concerning, and the
applicability of other federal or state laws to, the proposed
transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(6) and (9).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26329 Filed 10-15-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36922-36924]
[FR Doc No: 2015-15759]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0279]
RIN 1625-AA00

Safety Zone for Fireworks Display, Chesapeake Bay, Prospect Bay;
Queen Anne's County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing certain waters of Prospect Bay. This action is necessary
to provide for the safety of life on navigable waters during a
fireworks display launched from a barge located between Hog Island and
Kent Island in Queen Anne's County, MD on July 4, 2015. This safety
zone is intended to protect the maritime public in a portion of
Prospect Bay.

DATES: This rule is effective from 8:30 p.m. on July 4, 2015 through 10
p.m. on July 5, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0279]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 5, 2015, we published a notice of proposed rulemaking (NPRM)
entitled ``Safety Zone for Fireworks Display, Chesapeake Bay, Prospect
Bay; Queen Anne's County, MD'' in the Federal Register (80 FR 25634).
We received no comments on the proposed rule. No public meeting was
requested, and none was held. The permanent safety zones listed in the
Table to 33 CFR 165.506 do not apply to this event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, to allow 30 days after
publication notice is impracticable. Delaying the effective date would
be contrary to the safety zone's intended objectives of protecting
persons and vessels, and enhancing public and maritime safety.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland
Security Delegation No. 0170.1., which collectively authorize the Coast
Guard to propose, establish, and define regulatory safety zones.
Fireworks displays are frequently held from locations on or near the
navigable waters of the United States. The potential hazards associated
with fireworks displays are a safety concern during such events. The
purpose of this rule is to promote public and maritime safety during a
fireworks display, and to protect mariners transiting the area from the
potential hazards associated with a fireworks display, such as the
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. This rule is needed to ensure safety on the
waterway before, during and after the scheduled event.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held. Accordingly, the
regulatory text mirrors the proposed text published in the NPRM.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this regulation would restrict access to this area, the
effect of this proposed rule will not be significant because: (i) The
safety zone will only be in effect from 8:30 p.m. through 10 p.m. on
July 4, 2015, and if necessary due to inclement weather, from 8:30 p.m.
through 10 p.m. on July 5, 2015, (ii) the Coast Guard will give advance
notification via maritime advisories so mariners can adjust their plans
accordingly, and (iii) although the safety zone will apply to certain
portions of the Inner Harbor, smaller vessel traffic will be able to
transit safely around the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to operate
or transit through or within, or anchor in, the safety zone during the
enforcement period.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for

the reasons stated under paragraph D.1., Regulatory Planning and
Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses 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. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone
for a fireworks display. The fireworks are launched from navigable
waters of the United States and may negatively impact the safety or
other interests of waterway users and near shore activities in the
event area. The activity includes fireworks launched from barges near
the shoreline that generally rely on the use of navigable waters as a
safety buffer to protect the public from fireworks fallouts and
premature detonations. This action is necessary to protect persons and
property during the project. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0279 to read as follows:

Sec.  165.0279  Safety Zone for Fireworks Display, Chesapeake Bay,
Prospect Bay; Queen Anne's County, MD.

    (a) Location. The following area is a safety zone: (1) All waters
of Prospect Bay, within a 1,000 feet radius of a fireworks discharge
barge in approximate position latitude 39[deg]57'49.8'' N., longitude
076[deg]14'58.5'' W., located between Hog Island and Kent Island in
Queen Anne's County, MD. All coordinates refer to datum NAD 1983.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created

by this temporary section, Sec.  165.T05.0279.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore. All
vessels underway within this safety zone at the time it is implemented
are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representatives
can be contacted at telephone number<PHONE_NUMBER> or on Marine Band
Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing
this section can be contacted on Marine Band Radio VHF-FM channel 16
(156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local agency vessel, by siren, radio, flashing
light, or other means, the operator of a vessel shall proceed as
directed. If permission is granted, all persons and vessels must comply
with the instructions of the Captain of the Port Baltimore or his
designated representative and proceed as directed while within the
zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. through 10 p.m. on July 4, 2015, and if necessary due to inclement
weather, from 8:30 p.m. through 10 p.m. on July 5, 2015.

    Dated: June 12, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-15759 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P