Management Costs, 50881-50883 [E8-19983]
Download as PDF
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
acquired under the services contract is
similar to the property exchanged or
sold (e.g., for a SLEP, exchange
allowances or sales proceeds would be
available for replacement of similar
items, but not for services).
I 11. Amend newly redesignated § 102–
39.55 by revising the section heading to
read as follows:
§ 102–39.55 When should I offer property I
am exchanging or selling under the
exchange/sale authority to other Federal
agencies or State Agencies for Surplus
Property (SASP)?
*
*
*
*
*
12. Amend newly redesignated § 102–
39.60 by revising the section heading,
the introductory text, paragraph (a), the
note to paragraph (a), and paragraph (i)
to read as follows:
I
ebenthall on PRODPC60 with RULES
§ 102–39.60 What restrictions and
prohibitions apply to the exchange/sale of
personal property?
Unless a deviation is requested of and
approved by GSA as addressed in part
102–2 of this chapter and the provisions
of §§ 102–39.25 and 102–39.30, you
must not use the exchange/sale
authority for:
(a) The following FSC groups of
personal property:
10 Weapons.
11 Nuclear ordnance.
12 Fire control equipment.
14 Guided missiles.
15 Aircraft and airframe structural
components (except FSC Class 1560
Airframe Structural Components).
42 Firefighting, rescue, and safety
equipment.
44 Nuclear reactors (FSC Class 4470
only).
51 Hand tools.
54 Prefabricated structure and
scaffolding (FSC Class 5410
Prefabricated and Portable Buildings,
FSC Class 5411 Rigid Wall Shelters, and
FSC Class 5419 Collective Modular
Support System only).
68 Chemicals and chemical products,
except medicinal chemicals.
84 Clothing, individual equipment,
and insignia.
Note to § 102–39.60(a): Under no
circumstances will deviations be
granted for FSC Class 1005, Guns
through 30mm. Deviations are not
required for Department of Defense
(DoD) property in FSC Groups 10 (for
classes other than FSC Class 1005), 12
and 14 for which the applicable DoD
demilitarization requirements, and any
other applicable regulations and statutes
are met.
*
*
*
*
*
(i) Flight Safety Critical Aircraft Parts
(FSCAP) and Critical Safety Items (CSI)
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14:42 Aug 28, 2008
Jkt 214001
unless you meet the provisions of § 102–
33.370 of this title.
*
*
*
*
*
I 13. New § 102–39.65 is added to
Subpart B to read as follows:
§ 102–39.65 What conditions apply to the
exchange/sale of personal property?
You may use the exchange/sale
authority only if you meet all of the
following conditions:
(a) The property exchanged or sold is
similar to the property acquired;
(b) The property exchanged or sold is
not excess or surplus and you have a
continuing need for similar property;
(c) The property exchanged or sold
was not acquired for the principal
purpose of exchange or sale;
(d) When replacing personal property,
the exchange allowance or sales
proceeds from the disposition of that
property may only be used to offset the
cost of the replacement property, not
services; and
(e) Except for transactions involving
books and periodicals in your libraries,
you document the basic facts associated
with each exchange/sale transaction. At
a minimum, the documentation must
include:
(1) The FSC Group of the items
exchanged or sold, and the items
acquired;
(2) The number of items exchanged or
sold, and the number of items acquired;
(3) The acquisition cost and exchange
allowance or net sales proceeds of the
items exchanged or sold, and the
acquisition cost of the items acquired;
(4) The date of the transaction(s);
(5) The parties involved; and
(6) A statement that the transactions
comply with the requirements of this
part 102–39.
Note to § 102–39.65: In acquiring
items for historical preservation or
display at Federal museums, you may
exchange historic items in the museum
property account without regard to the
FSC group, provided the exchange
transaction is documented and certified
by the head of your agency to be in the
best interests of the Government and all
other provisions of this part are met.
The documentation must contain a
determination that the item exchanged
and the item acquired are historic items.
I 14. Revise newly redesignated § 102–
39.80 to read asfollows:
§ 102–39.80 What are the accounting
requirements for exchange allowances or
proceeds of sale?
You must account for exchange
allowances or proceeds of sale in
accordance with the general finance and
accounting rules applicable to you.
Except as otherwise authorized by law,
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
50881
all exchange allowances or proceeds of
sale under this part will be available
during the fiscal year in which the
property was sold and for one fiscal year
thereafter for the purchase of
replacement property. Any proceeds of
sale not applied to replacement
purchases during this time must be
deposited in the United States Treasury
as miscellaneous receipts.
[FR Doc. E8–19892 Filed 8–28–08; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Parts 206 and 207
[Docket ID FEMA–2006–0035]
RIN 1660–AA21
Management Costs
Federal Emergency
Management Agency, DHS.
ACTION: Reopening of comment period.
AGENCY:
SUMMARY: The Management Cost Interim
Rule implemented the management cost
provisions in section 324 of the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act, as amended.
The Federal Emergency Management
Agency (FEMA) is reopening the public
comment period on its Management
Cost Interim Rule. FEMA is taking this
action to solicit data from grantees and
subgrantees to use in reevaluating the
fixed management cost rates established
in the rule.
DATES: Comments are due on or before
September 29, 2008.
ADDRESSES: You may submit comments,
identified by Docket ID FEMA–2006–
0035, by one of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: FEMA–RULES@dhs.gov.
Include Docket ID FEMA–2006–0035 in
the subject line of the message.
Fax: 866–466–5370.
Mail/Hand Delivery/Courier: Rules
Docket Clerk, Office of Chief Counsel,
Federal Emergency Management
Agency, Room 835, 500 C Street, SW.,
Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT:
Jonna M. Long, Office of the Chief
Financial Officer, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, 202–646–7057,
(facsimile) (202) 646–4268 (phone), or
(e-mail) jonna.long@dhs.gov.
E:\FR\FM\29AUR1.SGM
29AUR1
50882
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
ebenthall on PRODPC60 with RULES
SUPPLEMENTARY INFORMATION:
Background
Under the provisions of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), 42 U.S.C.
5121–5207, and its implementing
regulations, the Federal Emergency
Management Agency (FEMA) has the
authority to assist State and local
governments in carrying out their
responsibilities pursuant to a
Presidentially-declared major disaster or
emergency. Two of the major programs
authorized by the Stafford Act that
provide assistance to State and local
governments are the Public Assistance
(PA) program (grants for emergency
protective measures, debris removal,
and repair, replacement, or restoration
of facilities not met by insurance) and
the Hazard Mitigation Grant Program
(HMGP) (grants for sustained mitigation
measures such as acquisition for open
space, elevations of flood prone
properties, and wind or seismic
retrofitting of structures that will reduce
or permanently eliminate the long-term
risk to people and property from natural
hazards and their effects).
Section 324 of the Stafford Act, 42
U.S.C. 5165b, required FEMA to
establish management cost rates for PA
and HMGP grantees and subgrantees to
be used in determining contributions for
management costs. On August 30, 2002,
FEMA published a Notice of Proposed
Rulemaking that proposed a
methodology for calculating the
management cost rates, as well as
guidance for the implementation of
section 324 of the Stafford Act (67 FR
56130). FEMA provided a 30 day
comment period for the Notice of
Proposed Rulemaking and considered
the comments received in drafting the
Interim Rule that was published on
October 11, 2007 (72 FR 57869). For the
Interim Rule, FEMA again provided a 30
day comment period. FEMA received 34
public comments on the Interim Rule
(all of which are available in the docket
for public inspection). Although FEMA
continues to review those comments
and will address them in the final rule,
FEMA realized that it would be useful
to solicit more specific information to
properly address issues that were raised
in those comments.
‘‘Management costs,’’ for purposes of
the implementing regulation, include
any indirect costs, any administrative
expenses and any other expenses not
directly chargeable to a specific project
that are reasonably incurred by a grantee
or subgrantee in administering and
managing a PA program or HMGP grant
award. As established by the Interim
Rule, FEMA determines the amount of
VerDate Aug<31>2005
14:42 Aug 28, 2008
Jkt 214001
management costs based on a flat
percentage rate of the Federal share of
projected eligible program costs for
financial assistance. The flat percentage
rate for PA is 3.34 percent for major
disaster declarations, and 3.90 percent
for emergencies. The HMGP rate is 4.89
percent for major disaster declarations.
The management cost funds provided
are in addition to the grantee’s PA and
HMGP funds and do not require a nonFederal cost share.
The management cost rates set forth
in the Interim Rule replaced what
FEMA previously paid State and local
governments for associated costs
through the ‘‘sliding scale,’’ State
management costs, and grantee indirect
costs. The percentages for
reimbursement are based on historical
average obligations. To create the figures
in the Interim Rule, FEMA used data
collected in the National Emergency
Management Information System
(NEMIS) for declarations from August
1998 to July 2004. FEMA added together
actual obligations representing the
Federal share of all PA projects for
major disasters declared during that
period. Obligations for sliding scale,
State management costs, and grantee
indirect costs were excluded from
project obligations and were added
together separately. Those totals were
used to calculate the percentage of
‘‘pure’’ project dollars that historically
has been required for administration
and management.
The same calculations were
performed for HMGP projects under
major disaster declarations and PA
projects under emergency declarations.
Request for Comments
Instructions: All Submissions
received must include the agency name
and Docket ID. Regardless of the method
used for submitting comments or
supporting material, all submissions
will be posted, without change, to the
Federal eRulemaking Portal at https://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to read
the Privacy Act notice that is available
on the Privacy and Use Notice link on
the Administration Navigation Bar of
https://www.regulations.gov.
Although comments on other aspects
of the interim rule will not be rejected,
FEMA solicits data in response to the
specific requests set out below:
Request 1
Prior to November 13, 2007, FEMA
used three mechanisms to reimburse
grantees and subgrantees for
management and administration costs:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
a. ‘‘Sliding Scale’’—per section 406(f)
of the Stafford Act, FEMA reimbursed
States for extraordinary costs incurred
for preparation of damage survey
reports, final inspection reports, project
applications, final audits, and related
field inspections by State employees,
including overtime pay and per diem
and travel expense of such employees
but not including pay for regular time of
such employees, based on the total
amount of assistance provided under
section 403, 404, 406, 407, 502, and 503.
Such funds were cost shared at the
prevailing cost share rate for the
declaration.
FEMA reimbursed subgrantees for
associated expenses including necessary
costs of requesting, obtaining, and
administering Federal assistance. Such
funds were 100 percent federallyfunded.
b. Category Z State Management
Administrative Costs—FEMA
reimbursed State costs consistent with
OMB Circular No. A–87 guidance,
including such items as straight time
salaries of State employees; straight time
and overtime salaries, per diem and
travel of contractors administering PA
or HMGP grants; Emergency
Management Assistance Compact
(EMAC) costs for PA grants
management; materials; equipment; etc.
Such funds were cost shared at the
prevailing cost share rate for the
declaration.
c. Indirect Costs—FEMA reimbursed
States for costs incurred for a common
or joint purpose benefiting more than
one cost objective that were not readily
assignable to projects, if such costs were
part of an approved Indirect Cost Rate
Plan. Such funds were cost shared at the
prevailing cost share rate for the
declaration.
FEMA requests that grantees and
subgrantees submit data on
unreimbursed management costs
incurred in the management and
administration of Public Assistance (PA)
and/or the Hazard Mitigation Grant
Program (HMGP) prior to
implementation of the Interim Rule on
November 13, 2007. Specific costs and
descriptions are needed and all costs
must be attributable to and identified by
a specific FEMA declaration number
(DR–XXXX–ST or EM–XXXX–ST).
To assist grantees and subgrantees in
answering this request, unreimbursed
costs might include items eligible for
sliding scale funds when such funds
were insufficient, or subgrantee costs
not eligible for sliding scale funds and
therefore not eligible for FEMA
reimbursement. Unreimbursed costs
must have been incurred in support of
the management and administration of
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations
PA or HMGP under a specific
Presidential declaration (major disaster
or emergency for PA or major disaster
for HMGP), and not in support of other
programs such as community relations
or Disaster Recovery Center staff, or staff
supporting Individual Assistance
programs. Unreimbursed costs do not
include State cost shares required for
sliding scale, Category Z, or indirect
cost funding, nor do they include costs
that were not reimbursed because they
were inconsistent with applicable
Federal rules and cost principles, such
as OMB Circular No. A–87.
Request 2
FEMA requests that grantees and
subgrantees submit available data on
unreimbursed management costs
incurred in the management and
administration of Public Assistance (PA)
and/or the Hazard Mitigation Grant
Program (HMGP) under a specific
Presidential declaration (major disaster
or emergency for PA or major disaster
for HMGP) since November 13, 2007.
Specific costs and descriptions are
needed and must be identified by FEMA
declaration number.
Viewing the Docket
For access to the docket to submit
comments, read the Notice of Proposed
Rulemaking, Interim Rule, background
documents and all comments received,
go to the Federal eRulemaking Portal at
https://www.regulations.gov. To the far
right is a section titled ‘‘More Search
Options.’’ Below that title, click on
‘‘Advanced Docket Search.’’ On the next
screen, in the box provided for Docket
ID, type ‘‘FEMA–2006–0035’’. The next
screen will provide a link to the docket.
Once viewing the docket, all documents
are provided in chronological order,
beginning with the 2002 Notice of
Proposed Rulemaking. Submitted
comments may also be inspected at
Office of Chief Counsel, Federal
Emergency Management Agency, Room
835, 500 C Street, SW., Washington, DC
20472.
Dated: August 22, 2008.
R. David Paulison
Administrator, Federal Emergency
Management Agency.
[FR Doc. E8–19983 Filed 8–28–08; 8:45 am]
ebenthall on PRODPC60 with RULES
BILLING CODE 9110–49–P
VerDate Aug<31>2005
14:51 Aug 28, 2008
Jkt 214001
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 240
Qualification and Certification of
Locomotive Engineers
Federal Railroad
Administration (FRA), DOT.
ACTION: Interpretation.
AGENCY:
SUMMARY: FRA is issuing this notice of
interpretation to inform interested
parties of its application and
enforcement of the requirements for
each railroad responsible for controlling
joint operations territory to maintain a
list of person(s) certified as a qualified
locomotive engineer for the purposes of
the joint operations. FRA has discovered
that a number of controlling railroads
are not maintaining accurate lists
primarily because foreign railroads are
not providing the controlling railroads
with accurate information and the
controlling railroads are not demanding
it. If an accurate list is not maintained,
a controlling railroad has little chance of
preventing an uncertified or unqualified
person from operating a locomotive or
train in the joint operations territory.
This document is intended to inform
interested parties of what information is
required to be maintained on the
required list and provides information
as to how often the listings should be
updated.
You may submit comments
to Douglas Taylor, Staff Director,
Operating Practices Division, or John
Conklin, Program Manager Locomotive
Engineer Certification, FRA Office of
Safety Assurance and Compliance, by
facsimile (202–493–6216) or e-mail
(douglas.taylor@dot.gov) or
(john.conklin@dot.gov). Comments may
also be submitted to Alan Nagler, FRA
Office of Chief Counsel, by facsimile
(202–493–6068) or e-mail
(alan.nagler@dot.gov).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of
Safety Assurance and Compliance, FRA,
1200 New Jersey Avenue, SE., RRS–11,
Mail Stop 25, Washington, DC 20590
(telephone 202–493–6255); John
Conklin, Program Manager Locomotive
Engineer Certification, Office of Safety
Assurance and Compliance, FRA, 1200
New Jersey Avenue, SE., RRS–11, Mail
Stop 25, Washington, DC 20590
(telephone 202 493–6318); or Alan H.
Nagler, Senior Trial Attorney, Office of
Chief Counsel, FRA, 1200 New Jersey
Avenue, SE., RCC–11, Mail Stop 10,
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
50883
Washington, DC 20590 (telephone 202–
493–6038).
SUPPLEMENTARY INFORMATION:
I. General Background
In 1991, FRA published a final rule
requiring each railroad to qualify and
certify each person the railroad would
allow to operate a locomotive or train
over its system. See 56 FR 28228. The
final rule also required a railroad to
maintain written listings identifying
each person designated by it as: (i) A
supervisor of locomotive engineers, (ii)
a certified locomotive engineer, and (iii)
a certified and qualified locomotive
engineer for the purposes of joint
operations. See 49 CFR 240.221(a)
through (c). For each certified engineer,
the listing is required to indicate the
class of service the railroad determines
the person is qualified to perform and
the date of the railroad’s certification
decision. The rule specifies that the
listing required by paragraphs (a), (b),
and (c) shall be updated at least
annually and that a railroad may obtain
approval from FRA to maintain the
listing electronically. See § 240.221(d)
and (f). The rule also specifies where
these records are required to be kept so
that FRA may inspect and copy them
during regular business hours. The
requirements found in § 240.221 have
not been amended since they became
effective on September 17, 1991.
Overall, the industry is in substantial
compliance with the requirements for
identification of qualified persons under
§ 240.221. FRA has not noticed
significant non-compliance with
maintaining the lists required for a
railroad’s own employees, i.e., its own
supervisors of locomotive engineers or
its own certified locomotive engineers.
Again, for its own employees, most
railroads periodically update the listing
with all the required information ‘‘so
that it retains its usefulness’’ which FRA
described as the goal of the listing in the
section-by-section analysis when the
rule was published. See 56 FR at 28249.
The purpose of this document is to
address issues related to maintaining
the listing of those locomotive engineers
employed by other railroads (foreign
locomotive engineers) that have been
designated as certified and qualified for
the purposes of joint operations
pursuant to § 240.221(c). Several
railroads that have been found not
properly maintaining a listing of foreign
locomotive engineers certified and
qualified for joint operations have taken
some affirmative actions to come into
compliance. However, the number of
railroads in partial non-compliance is
sufficiently wide-spread that FRA
believes that clarification of the
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Rules and Regulations]
[Pages 50881-50883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Parts 206 and 207
[Docket ID FEMA-2006-0035]
RIN 1660-AA21
Management Costs
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The Management Cost Interim Rule implemented the management
cost provisions in section 324 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended. The Federal Emergency
Management Agency (FEMA) is reopening the public comment period on its
Management Cost Interim Rule. FEMA is taking this action to solicit
data from grantees and subgrantees to use in reevaluating the fixed
management cost rates established in the rule.
DATES: Comments are due on or before September 29, 2008.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0035, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: FEMA-RULES@dhs.gov. Include Docket ID FEMA-2006-0035 in the
subject line of the message.
Fax: 866-466-5370.
Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of Chief
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472.
FOR FURTHER INFORMATION CONTACT: Jonna M. Long, Office of the Chief
Financial Officer, Federal Emergency Management Agency, 500 C Street,
SW., Washington, DC 20472, 202-646-7057, (facsimile) (202) 646-4268
(phone), or (e-mail) jonna.long@dhs.gov.
[[Page 50882]]
SUPPLEMENTARY INFORMATION:
Background
Under the provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121-5207, and its
implementing regulations, the Federal Emergency Management Agency
(FEMA) has the authority to assist State and local governments in
carrying out their responsibilities pursuant to a Presidentially-
declared major disaster or emergency. Two of the major programs
authorized by the Stafford Act that provide assistance to State and
local governments are the Public Assistance (PA) program (grants for
emergency protective measures, debris removal, and repair, replacement,
or restoration of facilities not met by insurance) and the Hazard
Mitigation Grant Program (HMGP) (grants for sustained mitigation
measures such as acquisition for open space, elevations of flood prone
properties, and wind or seismic retrofitting of structures that will
reduce or permanently eliminate the long-term risk to people and
property from natural hazards and their effects).
Section 324 of the Stafford Act, 42 U.S.C. 5165b, required FEMA to
establish management cost rates for PA and HMGP grantees and
subgrantees to be used in determining contributions for management
costs. On August 30, 2002, FEMA published a Notice of Proposed
Rulemaking that proposed a methodology for calculating the management
cost rates, as well as guidance for the implementation of section 324
of the Stafford Act (67 FR 56130). FEMA provided a 30 day comment
period for the Notice of Proposed Rulemaking and considered the
comments received in drafting the Interim Rule that was published on
October 11, 2007 (72 FR 57869). For the Interim Rule, FEMA again
provided a 30 day comment period. FEMA received 34 public comments on
the Interim Rule (all of which are available in the docket for public
inspection). Although FEMA continues to review those comments and will
address them in the final rule, FEMA realized that it would be useful
to solicit more specific information to properly address issues that
were raised in those comments.
``Management costs,'' for purposes of the implementing regulation,
include any indirect costs, any administrative expenses and any other
expenses not directly chargeable to a specific project that are
reasonably incurred by a grantee or subgrantee in administering and
managing a PA program or HMGP grant award. As established by the
Interim Rule, FEMA determines the amount of management costs based on a
flat percentage rate of the Federal share of projected eligible program
costs for financial assistance. The flat percentage rate for PA is 3.34
percent for major disaster declarations, and 3.90 percent for
emergencies. The HMGP rate is 4.89 percent for major disaster
declarations. The management cost funds provided are in addition to the
grantee's PA and HMGP funds and do not require a non-Federal cost
share.
The management cost rates set forth in the Interim Rule replaced
what FEMA previously paid State and local governments for associated
costs through the ``sliding scale,'' State management costs, and
grantee indirect costs. The percentages for reimbursement are based on
historical average obligations. To create the figures in the Interim
Rule, FEMA used data collected in the National Emergency Management
Information System (NEMIS) for declarations from August 1998 to July
2004. FEMA added together actual obligations representing the Federal
share of all PA projects for major disasters declared during that
period. Obligations for sliding scale, State management costs, and
grantee indirect costs were excluded from project obligations and were
added together separately. Those totals were used to calculate the
percentage of ``pure'' project dollars that historically has been
required for administration and management.
The same calculations were performed for HMGP projects under major
disaster declarations and PA projects under emergency declarations.
Request for Comments
Instructions: All Submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
supporting material, all submissions will be posted, without change, to
the Federal eRulemaking Portal at https://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of https://www.regulations.gov.
Although comments on other aspects of the interim rule will not be
rejected, FEMA solicits data in response to the specific requests set
out below:
Request 1
Prior to November 13, 2007, FEMA used three mechanisms to reimburse
grantees and subgrantees for management and administration costs:
a. ``Sliding Scale''--per section 406(f) of the Stafford Act, FEMA
reimbursed States for extraordinary costs incurred for preparation of
damage survey reports, final inspection reports, project applications,
final audits, and related field inspections by State employees,
including overtime pay and per diem and travel expense of such
employees but not including pay for regular time of such employees,
based on the total amount of assistance provided under section 403,
404, 406, 407, 502, and 503. Such funds were cost shared at the
prevailing cost share rate for the declaration.
FEMA reimbursed subgrantees for associated expenses including
necessary costs of requesting, obtaining, and administering Federal
assistance. Such funds were 100 percent federally-funded.
b. Category Z State Management Administrative Costs--FEMA
reimbursed State costs consistent with OMB Circular No. A-87 guidance,
including such items as straight time salaries of State employees;
straight time and overtime salaries, per diem and travel of contractors
administering PA or HMGP grants; Emergency Management Assistance
Compact (EMAC) costs for PA grants management; materials; equipment;
etc. Such funds were cost shared at the prevailing cost share rate for
the declaration.
c. Indirect Costs--FEMA reimbursed States for costs incurred for a
common or joint purpose benefiting more than one cost objective that
were not readily assignable to projects, if such costs were part of an
approved Indirect Cost Rate Plan. Such funds were cost shared at the
prevailing cost share rate for the declaration.
FEMA requests that grantees and subgrantees submit data on
unreimbursed management costs incurred in the management and
administration of Public Assistance (PA) and/or the Hazard Mitigation
Grant Program (HMGP) prior to implementation of the Interim Rule on
November 13, 2007. Specific costs and descriptions are needed and all
costs must be attributable to and identified by a specific FEMA
declaration number (DR-XXXX-ST or EM-XXXX-ST).
To assist grantees and subgrantees in answering this request,
unreimbursed costs might include items eligible for sliding scale funds
when such funds were insufficient, or subgrantee costs not eligible for
sliding scale funds and therefore not eligible for FEMA reimbursement.
Unreimbursed costs must have been incurred in support of the management
and administration of
[[Page 50883]]
PA or HMGP under a specific Presidential declaration (major disaster or
emergency for PA or major disaster for HMGP), and not in support of
other programs such as community relations or Disaster Recovery Center
staff, or staff supporting Individual Assistance programs. Unreimbursed
costs do not include State cost shares required for sliding scale,
Category Z, or indirect cost funding, nor do they include costs that
were not reimbursed because they were inconsistent with applicable
Federal rules and cost principles, such as OMB Circular No. A-87.
Request 2
FEMA requests that grantees and subgrantees submit available data
on unreimbursed management costs incurred in the management and
administration of Public Assistance (PA) and/or the Hazard Mitigation
Grant Program (HMGP) under a specific Presidential declaration (major
disaster or emergency for PA or major disaster for HMGP) since November
13, 2007. Specific costs and descriptions are needed and must be
identified by FEMA declaration number.
Viewing the Docket
For access to the docket to submit comments, read the Notice of
Proposed Rulemaking, Interim Rule, background documents and all
comments received, go to the Federal eRulemaking Portal at https://
www.regulations.gov. To the far right is a section titled ``More Search
Options.'' Below that title, click on ``Advanced Docket Search.'' On
the next screen, in the box provided for Docket ID, type ``FEMA-2006-
0035''. The next screen will provide a link to the docket. Once viewing
the docket, all documents are provided in chronological order,
beginning with the 2002 Notice of Proposed Rulemaking. Submitted
comments may also be inspected at Office of Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street, SW., Washington,
DC 20472.
Dated: August 22, 2008.
R. David Paulison
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-19983 Filed 8-28-08; 8:45 am]
BILLING CODE 9110-49-P