[Federal Register: July 24, 2008 (Volume 73, Number 143)]
[Notices]
[Page 43243-43250]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy08-78]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[FEMA-2005-0005]
Z-RIN 1660-ZA01
Disaster Assistance Directorate Policy Numbers 9100.1 and 9523.1
Snow Assistance and Severe Winter Storm Policy
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice of proposed policy and opportunity for comment.
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SUMMARY: The Federal Emergency Management Agency (FEMA) proposes to
revise its Snow Assistance and Severe Winter Storm Policy. The current
policy provides the procedures and requirements for FEMA in making
recommendations to the President for either a declaration of emergency
or a major disaster resulting from a snowstorm. This proposed policy
would maintain the current policy requirement that a county experience
a ``record or near-record'' snowfall, but also would require that the
State meet the requirements of a major disaster declaration. It would
stipulate that the Governor must direct execution of the State
emergency plan and the State must demonstrate that the capabilities of
the State to effectively respond to the event are or will be exceeded.
States and communities requesting aid also would be required to submit
an estimate of eligible public assistance costs (estimate of public
assistance divided by county and State populations, respectively),
including snow assistance costs for a 48-hour period that meet or
exceed the county and statewide per capita cost threshold. These
proposed criteria are used by FEMA solely for consideration
[[Page 43244]]
in making recommendations to the President and do not bind the ability
of the President, in his discretion, to make declarations of
emergencies or major disasters.
DATES: FEMA invites comments on the proposed policy and will accept
comments until August 25, 2008.
ADDRESSES: You may submit comments, identified by Docket Number FEMA-
2005-0005, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: FEMA-RULES@dhs.gov. Include Docket Number FEMA-2005-0005 in
the subject line of the message.
Facsimile: 866-466-5370.
Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of Chief
Counsel, Federal Emergency Management Agency, 500 C Street, SW., Room
840, Washington, DC 20472.
Instructions: All submissions received must include the agency name
and docket number (if available). Regardless of the method used for
submitting comments or material, all submissions will be posted,
without change, to the Federal eRulemaking Portal at http://
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
www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://
www.regulations.gov. Submitted comments may also be inspected at FEMA,
Office of Chief Counsel, 500 C Street, SW., Room 840, Washington, DC
20472.
For detailed instructions on submitting comments, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: James A. Walke, Chief, Public
Assistance Division, Federal Emergency Management Agency, 500 C Street
SW., Room 406D, Washington, DC 20472, 202-646-2751; (facsimile) 202-
646-3304; or (e-mail) James.Walke@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
The Federal Emergency Management Agency (FEMA) invites any
interested persons to participate in the revision of this policy by
submitting written data, views, or arguments on all aspects of the
proposed policy. FEMA also invites comments that relate to the economic
effects that might result from the implementation of the revised
proposed snow policy. Comments should refer to a specific portion or
paragraph of the notice, explain your reason for any recommended
change, and include data, information, or authority that support your
recommended change. See ADDRESSES above for information on how to
submit comments.
II. Background and Purpose
Under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (Stafford Act), FEMA coordinates
Federal actions to provide supplemental aid to States and communities
to assist in the response and recovery from emergencies and major
disasters. See also 44 CFR 206.62. Federal assistance authorized by a
Presidential emergency or major disaster declaration provides immediate
and short-term assistance that is essential to save lives, protect
property, and safeguard the public health and safety. FEMA makes
recommendations to the President for use in his determination in
granting an emergency or major disaster declaration. On December 28,
1999, FEMA issued its snow assistance policy describing FEMA's
procedures for evaluating requests for emergency and major disaster
declarations due to snowfall. The Snow Assistance Policy, along with
other FEMA Public Assistance Program policies, is available on FEMA's
Web site at http://www.fema.gov/government/grant/pa/9523_1.shtm. The
parameters set forth in the Snow Assistance Policy are used by FEMA
solely for consideration in making recommendations to the President
under the Stafford Act and do not bind the ability of the President, in
his discretion, to make declarations of emergencies or major disasters.
FEMA proposes to revise its snow assistance policy. Under the
Stafford Act, FEMA is required to provide public notice and an
opportunity to comment before amending any policy that could result in
a significant reduction of assistance. 42 U.S.C. 5165c.
FEMA's current snow assistance policy evaluates requests for snow
assistance under the criteria for an ``emergency'' declaration under 44
CFR 206.35, rather than as a request for a ``major disaster''
declaration under 44 CFR 206.36. However, the Stafford Act (42 U.S.C.
5122) and FEMA regulations (44 CFR 206.2(a)(17)) include ``snowstorms''
in the definition of ``major disasters.'' This proposed policy would
require snowstorm events to be evaluated under the criteria for ``major
disaster'' under 44 CFR 206.36, consistent with the Stafford Act and
FEMA regulations.
Under FEMA regulations, FEMA may find that a State or community is
eligible for assistance from FEMA for an emergency or major disaster
declaration resulting from snow or blizzard conditions only where the
storm results in ``record or near record'' snowfall for that area, as
determined by official government records (see 44 CFR 206.227). Under
the current policy, for a county to be eligible for an emergency
declaration due to snow, at least one National Oceanic and Atmospheric
Administration (NOAA) station within that county must receive a
snowfall at a historical record or a near-record (within 10 percent of
record) snowfall level. Because most counties have multiple NOAA
stations, the station with the lowest historical snowfall record is
compared to the highest event snowfall to determine the county's
eligibility for a snow assistance emergency declaration.
FEMA's proposed policy would retain the requirement that a State
demonstrate record or near-record snowfall in the county seeking relief
(though FEMA proposes to change the method for measuring this
requirement as discussed below). Under this proposed policy, the
Governor must direct activation of the State emergency plan and the
State must demonstrate that the capabilities of the State to
effectively respond to the event are or will be exceeded.
States also would be required to submit an estimate of eligible
public assistance costs (estimate of public assistance divided by
county and State populations, respectively) including snow assistance
costs for a 48-hour period that meet or exceed the county and statewide
per capita cost threshold. Snow assistance costs will be included for
only those areas that meet the record, near-record, or contiguous
county criteria of this proposed policy. For major disaster
declarations, per capita costs are used as an indicator of the State or
county capability of responding to the event. This information is not
required under the current snow policy. While this requirement would be
new to FEMA's snow policy, an estimate of damages is a normal
requirement for all States requesting a major disaster declaration (see
44 CFR 206.36 and 44 CFR 206.48). Also, criteria for evaluating event
snowfall data would change to require comparison with the NOAA station
that has the highest historical record to determine a true record or
near-record snowfall event.
[[Page 43245]]
Over the last nine snow seasons (1998-1999 through 2006-2007), FEMA
has processed an average of six State requests for snow assistance each
season, and FEMA has received no indication from those applications
that its documentation requirements are overly burdensome. Indeed, the
quantity and quality of the information provided in declarations
requests that FEMA receives from most States well exceed the
information requirements under the current policy.
III. Discussion of Comments Received on September 17, 2002 Proposed
Revision
On September 17, 2002, FEMA published for public comment a proposed
revision to the snow assistance policy in the Federal Register at 67 FR
58608. The most significant change proposed was the addition of ``local
impact'' criteria to the requirement that a county have a record or
near-record snowfall event as the primary consideration for making a
recommendation for a snow assistance emergency declaration. The ``local
impacts'' as proposed included: activation of the National Guard for
search and rescue operations, opening of multiple shelters for stranded
motorists and victims of power outages, closure of interstate and State
highways for over 48 hours, power outages across the affected area
exceeding 48 hours, closure of local government offices exceeding 48
hours, and the State's need for a significant level of Federal
equipment and labor to address the impacts of the event. Another
proposed revision required the use of the highest-record snowfall in
the county to determine whether the county met the record or near-
record criteria for a county snow assistance designation.
FEMA received five letters commenting on the September 2002
proposed revision to the snow policy, including comments from the
National Emergency Management Association, State Emergency Management
Offices, and a local government. FEMA has analyzed those comments and
determined that the ``local impact'' criteria should be removed from
the proposed policy. The following is a summary of the comments
received and responses to those comments.
Impact criteria
One commenter cited our ``local impact'' criteria and policy
statement that FEMA would require evidence of ``some'' of the local
impacts before making a recommendation to the President to declare a
snow assistance emergency. The commenter stated that the term ``some''
is too general and ambiguous, and clarification is needed to provide
guidance so that the States can decide whether the necessary criteria
have been met to warrant a request for Federal assistance.
Two commenters stated that the requirement that the National Guard
be activated for search and rescue was too restrictive and that the
``local impact'' criteria under the snow assistance policy should be
flexible to allow for State and local search and rescue operations to
satisfy the criteria as well.
One commenter stated that the requirement for having to open
multiple shelters was too restrictive, because in some low-population
areas only one shelter may be required.
One commenter stated that the requirement that power outages exceed
48 hours in order to satisfy the ``local impact'' criteria was
unrealistic, as a power outage of less than 48 hours may have a
significant impact in some areas.
Another commenter stated that the requirement that local government
offices be closed in excess of 48 hours in order to satisfy the ``local
impact'' criteria is not realistic for all States.
One commenter stated that the requirement for a significant level
of Federal equipment and labor to address the impacts of the event was
too restrictive, as Federal equipment is limited in some States.
FEMA agrees with all of the comments related to the ``local
impact'' criteria. Furthermore, FEMA has determined that, with the
exception of ``record'' or ``near record'' snowfall that is required by
44 CFR 206.227, the criteria for major disaster declarations for
snowstorms should be consistent with all other events. As there are no
specific types of local impacts required under the Stafford Act or
FEMA's regulations for other types of events, the criteria should be
removed from the proposed policy.
National Oceanic and Atmospheric Administration (NOAA) Snow Data
There were several comments concerning the use of snowfall data
from NOAA. One commenter stated that the National Weather Service (NWS)
does not have knowledge of other monitoring stations that NOAA uses to
identify historic records. Also, NWS uses a single measurement for a
county or some measurements at stations that are different from other
NOAA stations.
The National Climatic Data Center (NCDC), which is a part of NOAA,
provides historical 1-, 2-, and 3-day snowfall data from measurements
made by observers who are part of the NWS airport stations and the NWS
Cooperative Network. These observers are trained by NOAA experts on
proper snowfall measurement techniques and provided with the proper
equipment and guidelines for ensuring accurate observations. NOAA
collects and distributes snowfall data from these trained, equipped,
and supervised observers (NCDC published data).
In response to these comments and to maintain consistency of
evaluation data to determine when a snowstorm reaches record or near-
record proportions, FEMA agreed and changed the language of the policy
to make clear that FEMA would accept event and historical snowfall data
from the NCDC.
One commenter recommended that the definition of ``record
snowfall'' should be expanded to indicate that FEMA consider the record
snowfall for each county. This commenter also requested that FEMA
define how and where the data are obtained. Another commenter stated
that NOAA's NCDC records identify ``observed max'' at stations and
NOAA's NWS statistical analyses show 10-, 25-, 50-, and 100-year
snowfall values that exceed the ``observed max'' amount. In light of
these different methodologies, clarification of what constituted a
``record snowfall'' was requested.
In this proposed policy, FEMA expands the definition of ``record
snowfall'' to indicate that a record snowfall is considered for each
county or other political subdivision of the State. In addition, FEMA
has restricted the sources of current event snowfall to include the
NCDC published data and NWS Cooperative Network Station data. FEMA also
identified the NCDC Web site where historic record data for 1-, 2-, and
3-day snowfall is obtained. The Web site uses 1-, 2-, and 3-day record
snowfalls and does not use ``observed max'' to identify record
snowfall. FEMA does not consider the statistical analyses for 10-, 25-,
50-, and 100-year snowfalls as record snowfall data and they are not
identified in the policy as such.
Another commenter suggested that FEMA should allow for the use of
Geographic Information Systems (GIS) comparisons of data as well as the
proposed methodology. The commenter stated that GIS mapping programs
can provide a more accurate representation when historic data sites are
different from current sites or when Federal data are incomplete.
In response to the suggested use of GIS for comparison of snowfall
data, FEMA proposes the use only of data provided by the NCDC and NWS
Cooperative Network Stations for making comparisons to historic
snowfall values. This ensures a consistent
[[Page 43246]]
approach to the collection of snowfall data and application of the snow
assistance policy. However, the State and FEMA may use GIS technology
to represent the snowfall data graphically to simplify the data
comparison process. This is not specifically stated in the policy, but
the use of GIS technology is not prohibited.
One commenter disagreed with the restriction against using snow
data from a reporting station in another State. FEMA agrees that this
restriction was unnecessary and revised the policy to remove the
restriction.
One commenter expressed concern with the time it takes NOAA to
certify snowfall data. The commenter stated that this process takes at
least one to three months and only a few sites provide snowfall totals
immediately. Our experience with NOAA through multiple snow emergencies
is that NOAA provides timely snowfall data very soon after snowstorms.
In addition, FEMA will accept snowfall data obtained from NWS
Cooperative Network monitoring stations, which is typically available
during and immediately after a snowfall event. FEMA has not experienced
any delays in processing snow emergency requests due to a lack of or
untimely snowfall data from NOAA or NWS.
One commenter stated that the size of geographic areas in Western
and Northern tier States may skew the data that are reported for a
county or borough, thereby affecting the level of assistance that is
provided. Also, the State of Alaska specifically noted that the size
and distance between its political jurisdictions makes it unrealistic
to use snow data from adjoining jurisdictions. FEMA acknowledges that
variations in geographic areas and features make it difficult in some
instances to compare current and historic snowfall values from
different locations within a county or other political jurisdiction.
Monitoring stations are frequently located in or near populated areas,
therefore the use of historical data from such stations should aid in
determining the severity and magnitude of the snowstorm event on the
given population in the impacted jurisdiction. FEMA asserts that its
methodology and criteria are fair and equitable. FEMA also asserts that
this system can be applied consistently throughout the country.
Contiguous Counties
Several comments were made regarding the definition and designation
of ``contiguous counties.'' One commenter stated that the definition of
contiguous county was not consistent with the definition in FEMA Policy
9122.1 ``Designation of Counties for Major Disaster Declarations.''
FEMA Policy 9122.1 has since been amended by a memorandum dated
September 6, 2005, and that definition of contiguous county is no
longer in effect. However, FEMA agreed that the definition should be
clarified. In the proposed policy, a contiguous county is defined as
``a county in the same State that shares a common border with a core
county without geographic separation other than by a minor body of
water, typically not exceeding one mile between the land areas of such
counties.''
Long-Term Snowfall and Eligible Time Period
Several commenters remarked that the policy did not address snow
events that were more than three days in duration, and that the
assistance period was too short to address these types of events. FEMA
agreed that snowfall events that were more than three days duration
could create emergency conditions. Therefore, FEMA expanded the
definition of ``record snowfall'' to include snowfall that occurs over
a period exceeding three consecutive days. These events will be
evaluated on a case-by-case basis.
One commenter suggested extending the assistance period from two to
three days, with a two-day extension under extreme circumstances. One
commenter also stated that 48 hours was not long enough to address lake
effect snows. Another commenter stated that if a storm continues beyond
the 48-hour period, the cost for snow removal beyond the 48-hour period
should be part of the consideration for determining the assistance
period. One commenter suggested that the financial impacts to a local
or State agency should be taken into consideration by FEMA, especially
if a local or State agency can show a serious financial burden. One
commenter disagreed with the provision that snow removal costs not be
included when evaluating a request for a major disaster declaration.
The commenter stated that these are extraordinary costs to State and
local budgets and excluding these costs would likely limit such
declarations to ice storms.
FEMA believes that the 48-hour assistance period, with an extension
to 72 hours, is an appropriate assistance period for both short and
long duration snowfalls. The assistance is intended for opening
emergency access and to help restore critical services. It is not
intended to cover the entire cost or even a significant portion of the
cost of long-term snow removal operations.
FEMA recognizes that snow removal operations can create significant
financial impacts at the State and local level. While our assistance is
generally financial in nature, FEMA intends that this assistance would
open emergency access on roads and to critical facilities and would
address the public health and safety threats created by a snowstorm.
Snowstorms are events that are foreseen and budgeted for in advance.
Therefore, FEMA assistance is not appropriate when the impacts are only
financial in nature. Also, to consider the financial impacts of a
snowstorm alone could lead to inconsistent implementation of the
policy. State and local budgets and budgetary processes vary
significantly making it difficult to judge financial impact on a
consistently fair basis. In this proposed policy, snow removal costs in
counties that meet the criteria of this policy are included as eligible
costs when evaluating major disaster requests.
Eligible Work
FEMA also received several comments stating that the definition of
``snow removal assistance'' needs to be more flexible to allow for
opening emergency access into hospitals, nursing homes, schools,
transportation facilities, and other critical facilities. Other
comments stated that the policy required clarification of what work is
eligible for FEMA snow assistance during the eligible time period.
Note that the use of an eligible time period in both the current
policy and the proposed policy is intended to eliminate the requirement
of determining where and how much snow removal is eligible. In the
proposed policy, FEMA uses the term ``snow assistance'' rather than
``snow removal assistance'' because it incorporates all activities
under Category B, emergency protective measures, as described in the
Public Assistance Guide, FEMA 322, (http://www.fema.gov/pdf/government/
grant/pa/pagprnt_071905.pdf) that are related to the event. FEMA
broadened the definition of ``snow assistance'' to include snow
removal, salting, sanding, snow dumps, and de-icing from other
facilities in addition to roads. The intent of the proposed policy was
not to restrict eligibility for FEMA snow assistance only to roads. The
new definition is intended to clarify that all snow removal related
activities from facilities that are the responsibility of an eligible
applicant and that are performed within the assistance time
[[Page 43247]]
period are eligible for FEMA snow assistance.
One commenter requested that FEMA define the width of roadway that
is eligible for snow removal. Several comments requested that FEMA
broaden the definition of ``snow removal assistance'' to define when
loading and hauling of snow and the creation of snow dumps are eligible
for snow assistance. The eligible time period eliminates the need to
define an eligible road width as an applicant has the discretion to
perform any snow removal it deems necessary within its selected
assistance period. FEMA expanded the examples of the kinds of work
eligible for snow assistance to include the use of snow dumps.
One commenter requested that FEMA more clearly articulate the kind
of assistance provided for snow removal when an area does not meet the
record, near-record, or contiguous county designation criteria as
described in paragraph (b) of the policy. FEMA added clarification
stating that, generally, snow removal that is necessary to perform
otherwise eligible emergency work, such as debris removal or power
restoration, is eligible for snow assistance provided there is a
Presidentially-declared major disaster.
Eligible Applicants
One commenter requested that FEMA clearly define all applicants
that are eligible for snow assistance. FEMA revised the policy to state
that all eligible applicants as defined in 44 CFR 206.222 are eligible
for snow assistance.
Severe Winter Storm
One commenter stated that our definition of ``severe winter storm''
appears to require that snow, ice, high winds, and blizzard conditions
must all occur in one storm. The commenter requested that FEMA revise
the definition of ``severe winter storm'' so that only one or more of
those conditions need occur, not all. FEMA agreed and revised the
definition accordingly.
Inconsistency Between Fire and Snow Declarations
One commenter stated that the requirements for fire and snow
emergency declarations are not consistent with each other. The
commenter stated that FEMA does not place as stringent requirements for
Fire Management Assistance Grants as FEMA does for Public Assistance
snow assistance grants. The commenter cited that the ``local impact''
criteria in the proposed snow policy are not requirements for fire
assistance. Also, the commenter stated that an emergency or disaster
declaration is required for snow assistance, but is not required for
fire assistance.
Under Executive Order 12148 as amended, the President delegated the
authority to FEMA to provide disaster assistance grants under section
420 (Fire Management Assistance) of the Stafford Act. As such, a
Presidential emergency or disaster declaration is not required for the
provision of assistance in response to fires. FEMA has not been
delegated such authority for the provision of snow assistance, and,
therefore a Presidential declaration is required. As described in our
regulations for fire management assistance, 44 CFR part 204, the
assistance for fire management is approved when the determination is
made by FEMA that a fire or fire complex threatens such destruction as
would constitute a major disaster. Fire and snow events are two
different types of events, which have different types of impacts. FEMA
treats each type of event consistently in that the impacts of each type
of event are evaluated as criteria for the provision of assistance.
Furthermore, FEMA has removed the ``local impact'' criteria from the
proposed policy such that the criteria used to evaluate snowstorm
events, in addition to record or near-record snowfall, are consistent
with other types of events.
Snow Assistance as a Major Disaster Declaration
In the past, FEMA has evaluated snow assistance requests by the
Governor of a State under the provisions of 44 CFR 206.35. Since
snowstorms are defined as ``major disasters'' in section 102(2) of the
Stafford Act, FEMA has determined that these events must be evaluated
under 44 CFR 206.36 before FEMA may provide snow assistance.
IV. Regulatory Requirements
Executive Order 12866, Regulatory Planning and Review
We have prepared and reviewed this notice of proposed policy under
the provisions of Executive Order 12866, Regulatory Planning and
Review. Under Executive Order 12866, a significant regulatory action is
subject to review by the Office of Management and Budget (OMB) and the
requirements of the Executive Order. The Executive Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health and safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budget impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof, or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This notice is a significant regulatory action, but not an
economically significant regulatory action within the definition of
section 3(f) of Executive Order 12866, and it adheres to the principles
of the Executive Order. OMB has reviewed this notice of proposed policy
under the provisions of the Executive Order.
Under the Stafford Act and 44 CFR 206.227, FEMA provides Federal
assistance for emergency or major disaster declarations based on snow
or blizzard conditions for cases of record or near-record snowstorms.
The current snow assistance policy evaluates States' requests for snow
assistance under the provisions of 44 CFR 206.35. This proposed policy
is intended to make snow assistance consistent with the Stafford Act,
which defines ``snowstorms'' as major disaster events under 42 U.S.C.
5122. See also, 44 CFR 206.2 (a)(17)(defining ``major disaster'' to
include snow storms). This proposed policy would require snowstorm
events to be evaluated under the provisions of 44 CFR 206.36.
It has been FEMA's practice to recommend an emergency declaration,
pursuant to 44 CFR 206.35, when a county has experienced a record or
near-record snowstorm that is of such severity and magnitude that
effective response is beyond the capability of the State and the
affected local governments. In view of the fact that snowstorms are
among the named natural events in the definition of a ``major
disaster'' in section 102(2) of the Stafford Act, 42 U.S.C. 5122, this
proposed policy would require that, in addition to record or near-
record snowfall, applicants for snow assistance meet the criteria for a
major disaster declaration in sections 44 CFR 206.36 and 44 CFR 206.48.
Over the last nine snow seasons (1998/1999 through 2006/2007) FEMA
has provided a total of $478,868,342 of snow assistance under 55
Presidential declarations for an average of approximately $53 million
per year.
[[Page 43248]]
FEMA assessed the potential economic impact of the proposed policy and
concluded that public assistance funding will be reduced by
approximately 10 percent per year under this proposed policy.
FEMA has considered a number of alternatives to this proposed
policy. One alternative would be to continue with the current policy,
which provides an emergency declaration for snow assistance. That
alternative is not consistent with the intent of the Stafford Act,
which defines a snowstorm as a ``major disaster.'' Continuing with the
current snow policy does not provide a method to evaluate snowfall data
as consistently as the proposed policy. By continuing to compare a
county's highest snowfall event data with the data from the NOAA
station with the lowest historical record snowfall, there would be no
change in the amount of assistance provided.
Another alternative would be to adopt only ``local impact''
criteria, but not require that States and counties meet the per capita
cost criteria (public assistance divided by State or county population)
for a major disaster declaration. If only ``local impact'' criteria
were required, the same level of financial assistance as the current
policy would be provided under the proposed policy.
Another alternative would be to eliminate snowstorms as a natural
disaster event qualifying for a Presidential disaster declaration and,
therefore, for our grant assistance. Such an alternative would be
contrary to the Stafford Act, which includes ``snowstorms'' in its
definition of types of major disasters eligible for FEMA assistance. As
a result, States and counties would not receive snow assistance from
FEMA as intended in the Stafford Act.
FEMA believes that the best alternative is presented in this
proposed policy, which includes per capita cost criteria and changing
the criteria for evaluating event snowfall to comparison with the NWS
station with the highest historical record in a county to determine a
true record or near-record snowfall event. Based on our analysis,
public assistance would be reduced by an average of 10 percent, or $5.3
million per year.
Accordingly, FEMA invites comments on the proposed Snow Assistance
and Severe Winter Storm Policy.
The policy reads as follows:
Text of Proposed Policy
Proposed Snow Assistance and Severe Winter Storm Policy
(a) Definitions.
Contiguous County means a county in the same State that shares a
common border with a core county without geographic separation other
than by a minor body of water, typically not exceeding one mile between
the land areas of such counties.
Core County means a county that has a record or near-record
snowfall with public assistance costs that exceed the per capita
threshold defined in FEMA Policy 9122.1 ``Designation of Counties for
Major Disaster Declarations'' and is designated for snow assistance
under a major disaster declaration.
Incident Period means the time span during which the disaster-
causing incident occurs, e.g., approximately 6:00 p.m., January 5,
2007, through 8:00 a.m., January 7, 2007.
Near-Record Snowfall means a snowfall that approaches, but does not
meet or exceed, the historical record snowfall within a county as
published by the National Climatic Data Center (NCDC). FEMA generally
considers snowfall within ten percent of the record amount to be a
near-record snowfall.
Record Snowfall means a snowfall that meets or exceeds the highest
record snowfall within a county over a 1-, 2-, 3-day or longer period
of time, as published by the NCDC.
Snow Assistance means assistance for all eligible activities under
Category B, emergency protective measures (see Categories of Work in
the Public Assistance Guide, FEMA 322, http://www.fema.gov/pdf/
government/grant/pa/pagprnt_071905.pdf) related to a snowstorm,
including snow removal, de-icing, salting, snow dumps, and sanding of
roads and other eligible facilities, as well as search and rescue,
sheltering, and other emergency protective measures.
Snowstorm means an event in which a State has record or near record
snowfall in one or more counties, as determined by paragraph (e), and
that overwhelms the capability of the affected State and local
governments to respond to the event. While snowstorms will normally
only receive Snow Assistance, other categories of supplemental Federal
assistance may be designated for a snowstorm declaration as warranted.
Severe Winter Storm means an event that occurs during the winter
season that includes one or more of the following conditions: Snow,
ice, high winds, blizzard conditions, and other wintry conditions; and
that causes substantial physical damage or loss to improved property.
(b) Snowstorm Declaration Criteria.
FEMA will only recommend a major disaster declaration to the
President in response to a snowstorm; an emergency declaration request
in response to a snowstorm will not be recommended to the President.
However, the criteria listed in this policy are solely for use by the
Agency in making recommendations to the President and in no manner
restrict the ability of the President, in his/her discretion, to
declare emergencies or major disasters pursuant to the Stafford Act.
A snowstorm that meets the following criteria may be designated a
major disaster under 44 CFR 206.36. In addition to the following county
criteria, a State must also meet the statewide per capita cost
threshold required by 44 CFR 206.48(a)(1) based on eligible public
assistance costs including the snow assistance costs it incurs within
the prescribed 48 hour period.
Each county included in a Governor's request for a declaration must
have a record or near-record snowfall, or meet the contiguous county
criteria described in this policy, have estimated public assistance
costs including snow assistance costs within a 48 hour period that
equal or exceed the county per capita cost threshold required for a
major disaster declaration, which is published annually in the Federal
Register (see 71 FR 59514, on October 10, 2006) and the State must
demonstrate that the capabilities of the State to effectively respond
to the event are or will be exceeded. An applicant may select a 48 hour
period for estimating purposes, but use a different 48 hour period when
submitting actual costs.
(c) Snowstorm Declaration Requests.
(1) Within 30-days following a record snowstorm, the Governor shall
submit a request for a snowstorm major disaster declaration that meets
the requirements of 44 CFR 206.36, 44 CFR 206.48, and this policy. A
Governor's request for a snowstorm major disaster declaration shall
cite ``Snowstorm'' as the incident type in the Governor's request, as
will the Regional Administrator's Regional Disaster Summary and the
Regional Analysis and Recommendation. Furthermore, the Governor's
request shall provide the following information:
(i) Overview of the event;
(ii) Core and contiguous counties for which a snowstorm declaration
is requested;
(iii) Date(s) of snowfall;
[[Page 43249]]
(iv) For each requested county, copies of event daily snowfall
totals from NWS stations and historical record snowfall data from the
NCDC to maintain consistency of evaluation data to determine when a
snowstorm reaches record or near-record proportions;
(v) A description of State and local resources activated in
response to the event;
(vi) The extent of search and rescue operations performed and
impacts to State and local government operations;
(vii) Any other localized impacts as described in 44 CFR
206.48(a)(2);
(viii) Total estimated eligible costs for each core and contiguous
county, including the estimated snow assistance costs for a 48 hour
period. The county per capita estimate of costs, which includes the
estimated eligible costs incurred by State agencies working within each
county, must meet or exceed the county per capita cost threshold; and
(ix) Total estimated statewide costs, which include the total of
estimated eligible costs for all counties requested. The per capita
estimate of statewide costs must meet the statewide per capita cost
threshold in 44 CFR 206.48(a)(1).
(2) The Regional Administrator of FEMA will evaluate the Governor's
request and make appropriate recommendations to the FEMA Assistant
Administrator of the Disaster Assistance Directorate.
(i) The Regional Disaster Summary (see Template at http://
declarations.fema.net/) should include:
(A) An overview of the snowstorm;
(B) A summary of statewide and localized impacts;
(C) A summary of State and local resources dedicated to alleviating
the emergency, to include shelter information;
(D) A comparison of actual event snowfall to the highest historical
record snowfall for each county for which snow assistance is requested;
and
(E) An identification of any extenuating circumstances.
(ii) The Regional Analysis and Recommendation (see Template at
http://declarations.fema.net/) should include:
(A) The recommended Incident Period of the event, and the
Categories of Work recommended (see Public Assistance Guide, FEMA 322,
page 44 (http://www.fema.gov/pdf/government/grant/pa/pagprnt_
071905.pdf);
(B) Confirmation that the Governor has taken appropriate action
under State law and directed the execution of the State emergency plan,
and that the Governor's request meets all statutory requirements;
(C) An evaluation of statewide and localized impacts;
(D) The type of assistance needed;
(E) A recommendation of a major disaster declaration for a State
that met the required statewide per capita cost threshold and the other
criteria; or a recommendation of denial of a major disaster declaration
for a State that did not meet the required statewide per capita cost
threshold or the other criteria; and
(F) A list of the recommended counties that met the requirements
for a major disaster declaration for snow assistance under this policy.
(3) The FEMA Administrator may add counties to a snowstorm
declaration after the President has declared a major disaster. Requests
for additional counties must meet the criteria for designation under
paragraph (b) of this policy and include the documentation required
under paragraph (c) of this policy. Such requests may be made within
30-days of the declaration, or the end of the incident period,
whichever is later.
(d) Use of Official Government Snowfall Data.
(1) Current Snowfall Data.
A Governor's request for a snowstorm major disaster declaration
shall include snowfall amounts measured and published by the National
Oceanic and Atmospheric Administration (NOAA) for the current snowstorm
for each county for which snow assistance is requested. The NCDC, which
is a part of NOAA, publishes snowfall data from measurements made by
observers who are part of the National Weather Service (NWS), airport
stations, and the NWS Cooperative Network. FEMA will rely primarily on
snowfall measurements taken at NWS Cooperative Network Stations, but in
cases where Cooperative Network Stations do not exist or do not report,
FEMA will accept snowfall measurements from other sources that have
been verified by the NCDC or NWS. A Governor's request for a snowstorm
major disaster declaration must include copies of all NCDC or NWS
Cooperative Network Station reports published for the counties for
which snow assistance is requested.
(2) Historical Snowfall Records. FEMA accepts historical snowfall
records maintained by NCDC. NCDC's Web site (see http://
www.ncdc.noaa.gov/oa/ncdc.html) provides snowfall amounts recorded at
NWS Cooperative Network Stations for single and multiple day events. If
NCDC data are not available or do not reflect snowfall records through
the previous year's snow season, such data should be obtained from
regional NWS offices and provided as part of the Regional Analysis and
Recommendation.
(e) Determining Record and Near-Record Snowfalls.
The following criteria will be used to determine record or near-
record snowfalls:
(1) Current snowfall amounts under paragraph (d)(1) of this policy
will be compared with the historical record snowfall amounts under
paragraph (d)(2) of this policy for a like number of days without
regard for the month in which the record snowfall or current event
occurred.
(2) For multiple day snowstorms, a county that meets the 1-day
record or near-record requirement on any one day, or the 2-day record
or near-record over two consecutive days, or the 3-day record or near-
record over three consecutive days, etc., will have met the record or
near-record criteria for that county.
(3) When data from multiple NWS Cooperative Network Stations exist
within a county, the highest current event snowfall reported by the NWS
within that county will be compared to the highest historical snowfall
record for that county.
(4) For counties that do not have NCDC or NWS historical record
snowfall data, the historical record from the nearest NWS Cooperative
Network Station in an adjacent county, even if located in an adjacent
State, may be used for determining historical snowfall records.
(5) If current event snowfall data under paragraph (d)(1) of this
policy are not available from the NWS for a county, the nearest NWS
Cooperative Network Station data from an adjacent county, even if
located in an adjacent State, may be used.
(6) A county that does not receive a record or near-record
snowfall, but is contiguous to a county that does receive a record or
near-record snowfall, may be designated for snow assistance if the
contiguous county has current event snowfall under paragraph (d)(1) of
this policy that meets or exceeds the current event snowfall under
paragraph (d)(1) of this policy of a county that has a record or near-
record snowfall. This comparison is based on the highest current event
snowfall received by each county as reported by the NWS.
(7) Counties that experience snowfalls occurring over a period
exceeding three consecutive days that do not reach record or near-
record snowfalls during a three-day period, and for which there are no
historical snowfall records for a period exceeding three days with NCDC
or NWS, will be considered for a major
[[Page 43250]]
disaster declaration on a case-by-case basis.
(f) Eligible Period of Assistance.
(1) Snow assistance is available for all ``eligible costs''
incurred over a continuous 48-hour period. Applicants may select a 48-
hour period during which the highest eligible costs were incurred. Once
costs are submitted for the chosen 48-hour period that selected 48-hour
period cannot be changed.
(2) The FEMA Assistant Administrator of the Disaster Assistance
Directorate may extend the eligible time period of assistance by 24
hours in counties where snowfall quantities greatly exceed record
amounts. To be eligible for a time extension, the current event
snowfall must exceed the historical record snowfall by at least 50
percent. The time period will be extended 24 hours for each designated
county that meets this 50 percent criterion.
(3) Different applicants in the same designated county may use
different 48-hour periods. However, all agencies or instrumentalities
of a local government must use the same 48-hour time period.
(4) A State agency, such as a Department of Transportation, that
provides snow assistance in multiple locations throughout the State,
may use different 48-hour periods.
(g) Eligible Applicants.
Entities that meet the applicant eligibility, 44 CFR 206.222, and
are performing work that meets the requirements of general work
eligibility, 44 CFR 206.223, are eligible for snow assistance.
(h) Eligible Work.
Eligible work, under Category B, emergency protective measures, as
described in the Public Assistance Guide, FEMA 322, (http://
www.fema.gov/pdf/government/grant/pa/pagprnt_071905.pdf) includes snow
removal, snow dumps, de-icing, salting, and sanding of roads and other
facilities essential to eliminate or lessen immediate threats to life,
public health, and safety. In addition, activities related to the
snowstorm such as search and rescue, sheltering, and other emergency
protective measures are eligible work. Other categories of work may be
eligible under a snowstorm declaration where appropriate.
(i) Eligible Costs.
FEMA will provide snow assistance during the 48-hour period for the
overtime but not the straight time cost of the applicant's regularly-
employed personnel. The cost of contract labor (including temporary
hires who perform eligible emergency work) is an eligible cost, as are
the costs for equipment and materials used in the performance of
eligible work. If applicants award contracts for periods greater than
the eligible period of assistance, eligible funding will be limited to
the costs incurred during the eligible period of assistance. The same
pro-rata method for calculating eligible funding applies to all other
eligible snow assistance costs.
(j) Insurance. It is the responsibility of an applicant to notify
the Regional Administrator of FEMA, through the State, of any actual or
anticipated proceeds from insurance covering snow removal or other snow
assistance costs. FEMA will deduct the actual or anticipated amount of
snow removal or other snow assistance cost insurance proceeds from
policies in force at the time of the snowfall.
(k) Severe Winter Storm Declarations.
(1) Severe Winter Storm declaration requests must satisfy the
requirements of 44 CFR 206.36 and 44 CFR 206.48, but are not required
to meet the record or near record snowfall requirements described under
paragraph (b) of this policy. FEMA will not include snow removal costs
when calculating the per capita cost impacts for a severe winter storm
declaration unless the county qualifies for snow assistance under
paragraph (b) of this policy.
(2) In a major disaster declaration for a Severe Winter Storm, snow
removal costs will not be eligible for FEMA assistance if the county
does not meet the requirements for snow assistance under paragraph (b)
of this policy. A limited level of snow removal incidental to disaster
response may be eligible for assistance. Generally, snow removal that
is necessary to perform otherwise eligible emergency work is eligible.
For example, snow removal necessary to access debris or to repair
downed power lines is eligible, while normal clearance of snow from
roads is not eligible.
(3) A Governor's request for a major disaster declaration as a
result of a Severe Winter Storm shall cite ``Severe Winter Storm'' as
the incident type in the Governor's request as will the Regional
Administrator's Regional Disaster Summary and the Regional Analysis and
Recommendation.
(4) The procedures for requesting and evaluating a Severe Winter
Storm declaration will follow the same process as any request for a
major disaster declaration as outlined in 44 CFR part 206 subpart B.
(5) The evaluation of current and historical snowfall data for the
designation of snow assistance, if warranted, will follow the same
procedures as described for snow assistance in this policy.
Dated: July 11, 2008.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-16866 Filed 7-23-08; 8:45 am]
BILLING CODE 9110-10-P