[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Notices]
[Pages 57509-57515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26817]
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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 final policy.
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SUMMARY: The Federal Emergency Management Agency (FEMA) has revised its
Snow Assistance and Severe Winter Storm Policy. The Snow Assistance and
Severe Winter Storm Policy provides the procedures and criteria FEMA
uses to make its recommendations to the President after a State
Governor requests a declaration following a snowstorm. The criteria in
the Snow Assistance and Severe Winter Storm Policy are used by FEMA
solely for consideration in making its recommendations to the President
and do not limit the ability of the President, in his discretion, to
declare emergencies or major disasters.
DATES: This final policy is effective November 2, 2009.
FOR FURTHER INFORMATION CONTACT: James Walke, Director, Public
Assistance Division, DHS/FEMA, 500 C Street, SW., Room 406, Washington,
DC 20472-3100, 202-646-3848; (facsimile) 202-646-3304; or (e-mail)
[email protected].
SUPPLEMENTARY INFORMATION:
I. 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 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. After a Governor
requests that the President declare an emergency or major disaster,
FEMA makes a recommendation to the President for use in his decision to
grant or deny the Governor's request. To make its recommendation, FEMA
follows its regulations in title 44 of the Code of Federal Regulations
and, for snowstorms, it additionally follows the Snow Assistance and
Severe Winter Storm Policy (the ``Snow Assistance Policy''). 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 limit the ability of the President,
in his discretion, to declare emergencies or major disasters.
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. This
revision of the Snow Assistance Policy is expected to result in a
reduction in assistance. Therefore, on September 17, 2002, FEMA
published a proposed revision to its December 28, 1999 Snow Assistance
Policy in the Federal Register for comment. 67 FR 58608. On July 24,
2008, in response to the comments received and to address additional
changes to the policy, FEMA published a second proposed revision of the
Snow Assistance Policy for comment. 73 FR 43243.
In the revised policy, FEMA makes three major changes. First,
FEMA's 1999 Snow Assistance Policy evaluated requests for snow
assistance under both the criteria for an ``emergency'' declaration
under 44 CFR 206.35, as well 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), expressly include
``snowstorm'' in the definition of a ``major disaster.'' By comparison,
FEMA regulations define ``emergencies'' as those types of events that
do not qualify under the definition of a major disaster. In this
revised policy, snowstorm events will be considered by FEMA for major
disaster declarations under 44 CFR 206.36, consistent with the Stafford
Act and FEMA regulations. As discussed below, in response to comments
received on the July 2008 proposed policy, this final Snow Assistance
Policy does not include the limitation proposed in 2008 that FEMA would
only make recommendations for major disaster declarations for snow
events.
Second, under FEMA regulations, FEMA may find that a State or
community is eligible for financial assistance for 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 prior policy, for a county to have
``record or near record'' snowfall, at least one National Oceanic and
Atmospheric Administration (NOAA) station within that county was
required to 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 was compared to the highest event snowfall to determine
the county's eligibility for a snow assistance emergency declaration.
Under this revised policy, FEMA compares the highest current event
snowfall reported by the National Weather Service (NWS) to the highest
National Climatic Data Center (NCDC) historical record in a county to
determine if the snowfall event exceeds or is near a true record for a
county.
Finally, under this revised policy, States are now 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 are included only
[[Page 57510]]
for those areas that meet the record, near record, or contiguous county
criteria of this revised 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 was not required under the
previous snow policy. While this requirement is new to FEMA's Snow
Assistance 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. The Governor must also direct the 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. Id.
II. Discussion of Comments Received on the July 24, 2008 Proposed Snow
Assistance Policy
On July 24, 2008, FEMA published a second proposed revision to its
Snow Assistance Policy in the Federal Register at 73 FR 43243 for a 30-
day public comment period. FEMA received 13 comments, including
comments from the U.S. Senate Committee on Homeland Security and
Governmental Affairs, the U.S. House of Representatives Committee on
Transportation and Infrastructure, an individual Senator, an
individual, and Emergency Management Offices. The following is a
summary of the substantive comments received and FEMA's responses
thereto.
A. Impact Criteria
One commenter requested that FEMA adopt reasonable ``local impact''
criteria to allow a State to contend that it has exceeded its
capability and that supplemental assistance is necessary. In 2002, FEMA
published its first proposed revisions to the Snow Assistance Policy,
and received several comments that were critical of its proposed
addition of ``local impact'' criteria. After considering those
comments, FEMA agreed and removed this criterion from the proposed
policy. As discussed in the 2008 proposed Snow Assistance Policy, FEMA
determined that with the exception of record or near-record snowfall,
which is required by 44 CFR 206.227, the criteria for major disaster
declarations for snowstorms should be consistent with all other major
disaster events. As there are no specific types of local impacts
required under the Stafford Act or FEMA's regulations for other types
of events, specific local impact criteria is not included in this final
policy.
B. Definition of Severe Winter Storm
A commenter stated that blizzards are not acknowledged under the
proposed policy unless it is a record or near record snowfall. A lesser
snowfall combined with extreme cold, ice, and/or significant wind,
could exceed the impact of a record event. The commenter suggested that
FEMA expand the eligibility for Federal assistance to include NWS-
verified blizzard conditions, or similar exacerbating factors.
FEMA made no change as a result of this comment. In a blizzard
situation, a Governor has the option of requesting a major disaster
declaration as a result of a severe winter storm. FEMA's definition of
``severe winter storm'' includes blizzards as one of the potential
conditions that cause substantial physical damage or loss to improved
property. If a major disaster is declared for a severe winter storm, 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.
C. Use of Record or Near Record Snowfall
There were several comments related to the requirement for record
and near-record snowfall to qualify for a snowstorm declaration.
Several comments recommended eliminating the requirement in order to
remove the administrative burden and confusion involved in determining
record and near record snowfall and to consider the full range of costs
associated with severe winter storms, including snow removal, when
evaluating snow assistance requests. Several comments suggested that
defining near record snowfall as within 10 percent of the record amount
would not provide adequate flexibility. One commenter recommended using
25 percent. One commenter suggested that the use of record or near
record snowfall is not a good measure for a snowstorm declaration since
a disaster can have more profound effects today than it did in the
past.
As established by 44 CFR 206.227, which went into effect in 1997,
record or near record snowfall is the criteria FEMA uses to evaluate
the need for Federal assistance for a snow event. In addition to record
or near record snowfall, FEMA will now also consider the factors for
evaluating a major disaster declaration listed under 44 CFR 206.48,
including the estimated cost of assistance, localized impacts, and
recent multiple disasters. FEMA will maintain the record or near record
snowfall criteria because it is an indicator of the impact of a
snowstorm. Unlike other major disaster events, snowstorms typically
cause minimal infrastructure damage. Therefore, FEMA must rely on
information in addition to the estimate of damages to judge the impact.
Most State and local governments that experience snowstorms
anticipate and routinely budget for snow removal every year. As budgets
can vary significantly, it is difficult to consistently and fairly
judge the impact of a snowstorm across multiple jurisdictions based
only on the costs of snow removal operations. Therefore, FEMA asserts
that evaluating both snowfall and costs in addition to the other
factors described at 44 CFR 206.48 provides the most consistent and
fair method for determining if the effects of a snowstorm warrant a
major disaster declaration.
With respect to the comments regarding near record snowfall, it has
been FEMA's longstanding practice to define near record snowfall as
within 10 percent of the record snowfall amount. FEMA has not found
this percentage to be inflexible or inadequate.
D. Snowstorm Declaration Criteria
Several comments requested that FEMA retain the option to request
an emergency declaration for a snow event. Several commenters asserted
that although snowstorms are specifically referenced in the definition
of ``major disaster'' in section 102(2) of the Stafford Act, the
Stafford Act's definition of ``emergency'' provides no list of covered
events so it does not specifically exclude snowstorms from
consideration for an emergency declaration.
FEMA interprets the Stafford Act's specificity in its definition of
``major disaster'' to denote that those natural catastrophes
specifically listed are to be considered only for major disaster
declarations. Further, FEMA's regulations state that ``[w]hen an
incident occurs or threatens to occur in a State, which would not
qualify under the definition of a major disaster, the Governor * * *
may request that the President declare an emergency.'' See 44 CFR
206.35(a). Since snowstorms are the type of incident that could qualify
for a major disaster declaration, FEMA will evaluate requests from
States for snow assistance using criteria for a major declaration.
However, as indicated by commenters, there is no specific listing in
FEMA regulations for incidents that are considered for
[[Page 57511]]
emergency declarations. FEMA is therefore removing the proposed
provision that indicated FEMA would only make recommendations for major
disaster declarations with respect to snowstorms.
Two comments stated that States would have to meet the Public
Assistance thresholds, including damage to infrastructure, to request a
snow declaration. The commenters found this to be problematic because
while snow emergencies typically require emergency protective measures
and debris removal, they typically do not require repairs to public
infrastructure. As an example, a commenter stated that States may
require snow removal assistance and assistance to remove dead animals
rather than requiring assistance for damaged infrastructure. Further,
one commenter stated that the majority of work associated with snow
events relates to emergency work. Another commenter stated that the
burden to prove that a snowfall emergency caused sufficient damage to
warrant a major disaster declaration would likely encourage States to
apply for the full array of assistance available under the Stafford
Act, which could cost the Federal Government more over time than if
less expensive categories of assistance were more readily accessible.
FEMA agrees that the majority of work associated with snow events
relates to emergency work and that snowstorms do not typically cause
significant infrastructure damage. However, there are instances where
the weight of snow and ice causes roofs to collapse and power lines to
fall. Further, storms may have wind gusts strong enough to damage
facilities. Dead animals or debris caused by a snowstorm may be a
threat to public health and safety. FEMA asserts that a major disaster
declaration is the appropriate mechanism to evaluate and provide
assistance for the costs of debris removal and infrastructure damage.
A major disaster declaration will expand the categories of
assistance to include debris removal and infrastructure restoration,
which would not be eligible under an emergency declaration. Emergency
work is eligible under both an emergency or major disaster declaration.
Under this policy, the costs for emergency work will be considered in
making a recommendation for a major disaster declaration.
Several comments stated that the proposed policy's focus on
individual snow events does not consider the burden of a record snow
season. One commenter recommended allowing a record or near record snow
season as criteria for a major disaster declaration.
Section 102(2) of the Stafford Act uses the singular term
``snowstorm'' in its definition of ``major disaster.'' Therefore,
consistent with the Stafford Act, declarations are based on specific,
singular events, and not seasons or multiple events over an extended
period of time. Making declaration recommendations based on the burden
of an entire snow season would, therefore, be inconsistent with the
Stafford Act and FEMA regulations.
A commenter stated that if FEMA decides to use record and near
record snowfalls as criterion for discrete storms, FEMA should use NWS
long-term averages to evaluate whether a discrete storm is
statistically significant (similar to the evaluation of floods), rather
than the single highest historic event. Commenters contend that as
written, the proposed policy effectively gives each county only one
chance in the future to receive snow assistance and makes one highly
aberrant storm form the basis for all future planning. A commenter
stated that jurisdictions budget for reasonably expected occurrences
and not the absolute ``worst case scenario.'' According to the
commenter, FEMA's proposed policy appears to reject the idea of using
recurrent intervals as the benchmark for a snow event. The commenter
suggested using validated recurrence intervals or accepted NWS long-
term averages to determine the relative magnitude of the current event.
Another commenter noted that the use of record or near record snowfall
tends to increase the threshold over time. Each time a new record is
set, the threshold changes, making it increasingly difficult for
communities to receive assistance. Finally, another commenter suggested
that FEMA should not classify severe winter storms based upon record
snowfall because of the impacts of drifting snow.
FEMA agrees that the record and near record snowfall requirement
increases the declaration indicator criteria over time. As a result,
State and local governments will be required to increase their
capability. In accordance with 44 CFR 206.48, FEMA similarly adjusts
the major disaster per capita cost indicator each year based on the
Consumer Price Index.
Under the previous policy, FEMA has only provided financial
assistance for snow emergency declarations. FEMA has not provided
direct Federal assistance to address emergency conditions beyond the
capability of the State and local governments. Therefore, FEMA asserts
that it is not unreasonable for State and local governments to adjust
their snow removal budgets accordingly to increase their capability
over time.
FEMA asserts that an aberrantly large event will not preclude a
State from a future major disaster declaration for an event that does
not equal or exceed the new record snowfall. The revised policy
contains the near record or contiguous county provisions of the
previous policy, which allow counties to qualify for assistance with
snowfall totals that do not exceed record amounts. In past snow
emergency declarations, a significant number of counties have qualified
under these criteria. The contiguous county criteria, in particular,
allow counties to qualify with snowfall totals that are sometimes
significantly lower than the record amount in their respective county.
FEMA also asserts that the contiguous and near record provisions
provide enough flexibility in the declaration criteria that the use of
NWS recurrence intervals or long-term averages is unnecessary. FEMA has
revised language in paragraph (e)(6) of the final policy to clarify the
provision on contiguous counties. It does not substantively alter the
policy.
E. Snowstorm Declaration Requests
A commenter requested a 60-day post-storm request period. The
commenter stated that snow data is generally posted intermittently, and
in some cases not within the 30-day request period, which may prevent a
State from requesting a declaration within the established 30-day
request period. FEMA has made no change with respect to this request.
The proposed policy is consistent with FEMA regulations governing
requests for major disaster declarations, which require submitting a
request for a major disaster declaration within 30 days of the
occurrence of the incident. 44 CFR 206.36. Furthermore, 44 CFR
206.36(a) includes a provision for the Governor to request a time
extension to submit a disaster declaration request. FEMA's 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 proposed changes would delay the
declaration process because States would be required to assess damages
in
[[Page 57512]]
the context of local and State Public Assistance thresholds and to
conduct a more stringent review and comparison of record snowfall data.
Another comment stated that requiring the per capita estimate of
statewide costs to meet the threshold in 44 CFR 206.48(a)(1) conflicts
with section 320 of the Stafford Act which advises: ``[n]o geographic
area shall be precluded from receiving assistance under this Act solely
by virtue of an arithmetic formula or sliding scale based on income or
population.''
For major disaster declarations, per capita costs are used as an
indicator of the State or county's capability to respond to the event.
While this would be new to FEMA's Snow Assistance 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. Under 44 CFR
206.48, the estimated cost of assistance is not the sole factor used to
determine need for assistance. It is one of several factors evaluated
under the Public Assistance Program and is consistent with section 320
of the Stafford Act.
FEMA receives approximately six requests from States for snow
assistance each season. In terms of snowfall and other supporting
information, FEMA has received no indication from those applications
that its documentation requirements are significantly burdensome. In
fact, the quantity and quality of information provided in the
declaration requests from most States already well exceed the
information required by this revised Snow Assistance Policy.
F. Use of Official Government Snowfall Data
One commenter remarked that for those States with large counties
that have extreme differences in geography, such as Colorado, it is
unacceptable to use the highest current event snowfall reported
compared to the highest historical snowfall record for that county.
Specifically, the commenter suggested comparing the current event
snowfall recording station to the historic record for that same
recording station. The commenter also stated that it is unacceptable to
use an adjacent county's reporting information when there is no NWS or
NCDC historical snowfall data. The commenter recommended using
geography and distance to determine which nearby county would be used
for historical record snowfall data.
FEMA believes that the best method to evaluate event snowfall is to
compare it with the NWS station with the highest historical record in a
county to determine a true record or near record snowfall event. FEMA
acknowledges that variations in geographic areas and features may make
it difficult in some instances to compare current and historic values
from different locations within a county or political jurisdiction.
However, 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
and can be applied consistently throughout the country.
FEMA will use data provided by the NCDC and NWS Cooperative Network
Stations for making comparisons to historic snowfall values because
doing so ensures a consistent approach to the collection of snowfall
data and the application of the Snow Assistance Policy. The policy also
states that for counties with no NCDC or NWS historical record snowfall
data, the historical record from the nearest NWS Cooperative Network
Station in an adjacent county or State may be used for determining
historical snowfall records. Geography and distance may be used to
determine the nearest NWS Cooperative Network Station.
Several comments were made that there is an inadequate distribution
of NOAA COOP stations. One commenter asked what sources of snowfall
measurements FEMA will use when no NCDC or NWS Cooperative Network
Stations verified data exists.
The 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 are provided with the proper equipment and guidelines
for ensuring accurate observations. According to the NCDC, NOAA
collects and distributes snowfall data from these trained, equipped,
and supervised observers. To maintain consistency of evaluation data,
when determining if a snowstorm reaches record or near record
proportions, FEMA accepts event and historical snowfall data from the
NCDC.
FEMA's 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 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 NCDC or NWS. In the unlikely event that NCDC cannot
provide either preliminary or final published NOAA station snowfall
data, a State may contact the local NWS Weather Forecast Office (WFO)
for information. FEMA will only use data from published NOAA stations
in NCDC's monthly Local Climatological Data publication to assess a
State's request for snow assistance. Some of NWS's products, like
Public Information Statements, can contain reports from non-published
sources, which are not used to evaluate requests for assistance.
Several comments recommended using NWS WFO-verified start and end
times for storm events. At NOAA Cooperative Network Stations, snowfall
totals are measured from 7 a.m. to the following 7 a.m., so that
snowstorms occurring from 12 noon to 12 noon are considered 48-hour
storms because they cross two reporting periods. The commenter stated
that as a result, the snowfall amounts for such storms must meet an
unreasonably higher standard.
To ensure consistency, daily and cumulative snowfall totals for the
current event must be compared to the historic record snowfall over the
same time period. The length of the current event period should be
calculated using the same method that the historic record event period
is determined. If the available historic data is measured from 7 a.m.
to the following 7 a.m., the duration of the current storm will also be
measured from 7 a.m. to the following 7 a.m. For example, snowfall from
8 p.m. to 8 a.m. is considered a 2-day storm if the observing period is
12 a.m. to 11:59 p.m. FEMA has determined that this is a reasonable
standard.
G. Eligible Period of Assistance
One commenter suggested that the preliminary damage assessment
costs should be based on the applicant's total damage costs for the
event, not just a 48-hour period. Another commenter asserted that
requiring the current event snowfall to exceed the historic record
snowfall by at least 50 percent in order to qualify for an extension
effectively eliminates the time period extension, thereby limiting snow
assistance to 48 hours and circumventing reimbursement of the eligible
costs incurred for a major disaster declaration.
As published in the proposed revisions to the policy, each county
[[Page 57513]]
included in a Governor's request for a declaration must provide
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. An applicant may
select a 48-hour period for estimating purposes, but use a different
48-hour period when submitting actual costs. Additionally, 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. 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 to open 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 determined that event snowfall exceeding 50
percent of the historic record was an appropriate measure of impact
that would require extending the time period for assistance. FEMA has
provided extensions in past snow emergency declarations.
Another commenter requested that if a near record event is required
to exceed the historic record by 10 percent, then it is logical for the
time extension for snowfalls greatly exceeding record amounts to also
exceed 10 percent.
FEMA does not require near record snowfall to exceed the historic
record by 10 percent. FEMA defines near record snowfall as snowfall
that approaches, but does not meet or exceed, the historical record
snowfall within a county as published by the NCDC. FEMA generally
considers snowfall within 10 percent of the record amount to be a near
record snowfall. The extension of the eligible time period is intended
only for those extremely large storms that prevent emergency access and
stop critical services for an unusually long period of time. Therefore,
only those limited cases where event snowfall exceeds the historic
record by 50 percent will be considered for an extension.
H. Severe Winter Storm Declarations
One comment stated that for a severe winter storm jurisdictions
will not be eligible for snow removal unless they meet record snowfall
criteria. The commenter recommended that FEMA consider snow removal
costs in the context of the appropriate response to the event, not
snowfall amounts, for severe winter storms.
FEMA will not include snow removal costs when calculating the per
capita cost impacts for a severe winter storm declaration, unless the
county meets the record or near record snowfall criteria outlined in
the policy. However, 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 the normal clearance of
snow from roads is not eligible.
I. Economic Impact
One commenter asserted that the potential economic impact of the
policy may be greater than 10 percent in some areas of the country and
suggested breaking out the potential impacts by region.
When the changes to this policy were proposed, FEMA conducted a
cost impact analysis. In that analysis, FEMA assessed the potential
annual economic impact of the policy and concluded that Public
Assistance funding would be reduced by approximately 10 percent per
year, which also equals an estimated savings of $5.3 million to the
Federal taxpayers. Since most of the snow disasters are already
geographically limited to FEMA's Regions I, II, III, V, VII, and VIII
it is unnecessary to perform a regional cost analysis.
III. Executive Order 12866 ``Regulatory Planning and Review''
This final policy does not constitute a significant regulatory
action under Executive Order 12,866.
IV. Final Policy
For the reasons set forth in the preamble, the Response and
Recovery Policy RR9523.1, ``Snow Assistance Policy,'' dated December
28, 1999; the ``Response and Recovery Policy 9523.1, Snow Assistance
Policy Procedures for Determining Record or Near-Record Snowfall''
Memorandum issued by Carlos J. Castillo on June 30, 2008; the Snow
Removal section on page 76 of the ``Public Assistance Guide FEMA 322/
June 2007''; and page 122 of the ``Public Assistance Policy Digest FEMA
321/January 2008,'' are hereby superseded by the Disaster Assistance
Directorate Policy Numbers 9100.1 and 9523.1 ``Snow Assistance and
Severe Winter Storm Policy'' by the final policy text below.
Text of Final Policy
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 annually
established countywide per capita impact indicator 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 p.m., January 5, 2007,
through 8 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 10 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/paguide07.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
[[Page 57514]]
substantial physical damage or loss to improved property.
(b) Snowstorm Declaration Criteria.
FEMA may recommend the declaration of a major disaster for a
snowstorm that meets the following criteria. However, the criteria
listed in this policy are solely for use by FEMA in making
recommendations to the President and in no manner restricts the ability
of the President, in his discretion, to declare emergencies or major
disasters pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended.
(1) County criteria. 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, and 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, e.g., 74 FR 51296 (October 6,
2009). The State must also 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.
(2) State criteria. In addition to the 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.
(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
addresses the requirements of 44 CFR 206.36, 44 CFR 206.48, and this
policy. A Governor's request for a snowstorm major disaster declaration
and the Regional Administrator's Regional Summary, Analysis, and
Recommendation shall cite ``Snowstorm'' as the incident type in the
Governor's request. 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;
(iv) For each requested county, copies of event daily snowfall
totals from the National Weather Service (NWS) stations and historical
record snowfall data from the National Climatic Data Center (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. The Regional
Summary, Analysis, and Recommendation (See Template at http://declarations.fema.net/) should include:
(i) An overview of the snowstorm;
(ii) A summary of statewide and localized impacts;
(iii) A summary of State and local resources dedicated to
alleviating the emergency, to include shelter information;
(iv) A comparison of actual event snowfall to the highest
historical record snowfall for each county for which snow assistance is
requested;
(v) An identification of any extenuating circumstances;
(vi) The recommended Incident Period of the event and the
Categories of Work recommended (See Public Assistance Guide, FEMA 322,
page 66 at http://www.fema.gov/pdf/government/grant/pa/paguide07.pdf);
(vii) 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;
(viii) An evaluation of statewide and localized impacts;
(ix) The type of assistance needed;
(x) A recommendation on the Governor's declaration request based on
the criteria in this policy; and
(xi) A list of the recommended counties that met the requirements
for a declaration for snow assistance under this policy.
(3) The FEMA Administrator may add counties to a snowstorm
declaration after the President has issued the declaration. Requests
for additional counties should 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 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 Summary,
Analysis, and Recommendation.
(e) Determining Record and Near Record Snowfalls.
The following criteria will be used by FEMA 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
[[Page 57515]]
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
county has current event snowfall that meets or exceeds the current
event snowfall of a county, to which it is contiguous, 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
under paragraph (d)(1) of this policy.
(7) Counties that experience snowfalls occurring over a period
exceeding three consecutive days that do not reach record or near
record snowfalls during a 3-day period, and for which there are no
historical snowfall records for a period exceeding 3 days with NCDC or
NWS, will be considered for a major 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/paguide07.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 (e) of this policy. However, 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 (e) of this policy.
(2) In a major disaster declaration for a Severe Winter Storm, snow
removal costs are not 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, and the Regional Administrator's
Regional Summary, Analysis, and Recommendation, shall cite ``Severe
Winter Storm'' as the incident type.
(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: November 2, 2009.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-26817 Filed 11-5-09; 8:45 am]
BILLING CODE 9111-23-P