Disaster Assistance; Snow Removal Assistance

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC58

Disaster Assistance; Snow Removal Assistance

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes the facilities that are eligible

for snow removal assistance as a result of an Emergency or Major

Disaster declaration based on snow or blizzard conditions. Removal of

snow from one lane in each direction along designated snow emergency

routes, or similar types of roads in communities without designated

snow emergency routes, and along streets that provide access from the

designated routes to critical facilities is eligible for assistance. No

other facilities are eligible for snow removal assistance.

DATES: We invite comments on this proposed rule and will accept

comments until November 25, 1996.

ADDRESSES: Please send written comments to the Rules Docket Clerk,

Office of the General Counsel, Federal Emergency Management Agency, 500

C Street SW., Washington, DC 20472, (facsimile) (202) 646-4536.

FOR FURTHER INFORMATION CONTACT: Gregory Ormsby, Engineer,

Infrastructure Support Division, room 713, 500 C Street SW.,

Washington, DC 20472, (202) 646-2726.

SUPPLEMENTARY INFORMATION: Prior to the winter of 1976/1977,

declarations by the Federal government for winter storm assistance

under earlier disaster relief acts were rare. Only seven winter storm

incidents were declared between 1953 and 1977, and most were the result

of ice storms that caused enough damage to justify the declaration of

major disasters. However, definitive policies and procedures were never

developed by FEMA's predecessor agencies to describe the circumstances

under which Federal disaster assistance for snow removal could be

provided in the aftermath of winter storms.

Beginning in January 1977, and continuing through the winter of

1978/1979, the north central and northeastern states experienced an

extraordinary series of winter storms that resulted in below normal

temperatures, heavy snowfall, and blizzards that threatened lives and

public health and safety due to the disruption of emergency

transportation facilities. During that period, 14 emergencies and one

major disaster were declared by the President pursuant to the Disaster

Relief Act of 1974, as amended. Although other types of emergency

assistance were made available to save lives and protect public health

and safety, the primary type of assistance provided from 1977 through

1979 was snow removal assistance to provide emergency access.

The Federal government's first official winter storm policy was

developed in October 1978. The policy addressed emergency snow removal

assistance required to provide emergency access to save lives and

protect public health and safety. Eligibility for emergency measures

other than snow removal was to be evaluated in accordance with other

applicable rules and regulations. The policies established for

eligibility included a requirement for the State to submit information

on the nature and extent of the storm; threats to public health and

safety; actions taken by the State and local governments; and the

specific types of assistance required. Federal assistance was limited

to 67 percent of total eligible costs.

The October 1978 policy was applied to two snow events that

occurred during the winter of 1978/1979. Based on those two events, it

was determined that the policy was not adequate to ensure that

emergency snow removal assistance was supplemental, i.e., beyond State

and local capabilities, and was provided in a uniform and consistent

manner. As a result, the winter storm policy was changed in September

1979 to indicate that routine snow removal is a maintenance

responsibility of State and local governments; that budgetary

shortfalls were not to be used as justification for declaration; that

State agencies were not eligible applicants; and to identify specific

eligibility criteria and reimbursement levels. Federal assistance was

reduced to 50 percent of total eligible costs.

Between 1979 and 1993, no emergencies or major disasters were

declared for snowstorms or blizzards. A total of 14 major disasters

were declared for other types of winter events. Except for changes in

eligible applicants and the eligibility criteria for snow removal

contained in 44 CFR 206.227, previous policies and procedures were not

revised.

In 1993, 18 emergencies were declared by the President pursuant to

the Stafford Act resulting from a severe winter storm that was

categorized by the National Weather Service as a blizzard.

[[Page 55124]]

The basis for these declarations was the actual and potential loss of

life, the widespread nature of the event, and the need to supplement

State and local emergency response efforts. During 1994, 11 major

disaster declarations were approved for winter storms that caused

significant physical damage to public infrastructure. In addition to

heavy snow in certain areas, freezing rain and icing caused extensive

power outages and health and safety hazards. More recently in the

Blizzard of 1996, 14 major disaster declarations were approved for

excessive snowfall, commonly referred to as the Storm of the Century.

Eligible costs for snow declarations in 1993 included all costs

necessary to remove snow from one lane in each direction along all

eligible roads as defined in 44 CFR 206.227. In 1996, eligible costs

included those associated with removing snow from one lane in each

direction along designated snow emergency routes, or similar routes in

communities without officially designated snow emergency routes. In

addition, removing snow from one lane in each direction along routes

that provide access from the designated snow emergency routes to

critical facilities such as hospitals, fire stations, police stations,

custodial care facilities, etc. The rule also provides assistance for

search and rescue activities along all roads and highways during the

snow emergency period. This proposed rule is consistent with guidance

used for the 1996 declarations for the Blizzard of 1996 with the

addition of the search and rescue work.

Following the declarations in 1993 and 1996, several States and

municipalities expressed their view that the amount of assistance FEMA

provided was not consistent with the Stafford Act. They argued that all

assistance authorized by the Stafford Act should be available for

declarations resulting from snow. It is FEMA's position that snow

removal is generally a maintenance responsibility of the State and

local governments. Also, generally there is no permanent damage to

facilities resulting from snow. Federal involvement should be

supplemental to the State and local efforts and should be limited to

providing for emergency access to address health and safety needs.

National Environmental Policy Act

This proposed rule would be categorically excluded from the

preparation of environmental impact statements and environmental

assessments as an administrative action in support of normal day-to-day

grant activities. No environmental assessment or environmental impact

statement has been prepared.

Regulatory Flexibility Act

The Director certifies that this proposed rule would not be a major

rule under Executive Order 12291, and would not have a significant

impact on a substantial number of small entities within the meaning of

the Regulatory Flexibility Act, and is not expected (1) to affect

adversely the availability of disaster assistance funding to small

entities, (2) to have significant secondary or incidental effects on a

substantial number of small entities, nor (3) to create any additional

burden on small entities. Hence, no regulatory impact analysis has been

prepared.

Paperwork Reduction Act

This proposed rule does not involve any collection of information

for the purposes of the Paperwork Reduction Act.

Executive Order 12612, Federalism

In promulgating this rule, FEMA has considered the Executive Order

12612, Federalism. This rule makes no changes in the division of

governmental responsibilities between the Federal government and the

States. Grant administration procedures in accordance with 44 CFR part

13, Uniform Administrative Requirements for Grants and Cooperative

Agreements to State and Local Governments, remain the same. No

Federalism assessment has been prepared.

Executive Order 12778, Civil Justice Reform

This rule meets the applicable standards of section 2(b)(2) of

Executive Order 12778, Civil Justice Reform, dated October 25, 1991, 3

CFR, 1991 Comp., p. 359.

List of Subjects in 44 CFR Part 206

Disaster assistance, Public assistance.

Accordingly, 44 CFR part 206 is proposed to be amended as follows:

PART 206--[AMENDED]

1. The authority citation for part 206 continues to read as

follows:

Authority: The Robert T. Stafford Disaster Relief and Emergency

Assistance Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of

1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App. 1; E.O.

12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR

12571, 3 CFR, 1989 Comp., p. 214.

2. Section 206.227 is proposed to be revised to read as follows:

Sec. 206.227 Snow removal assistance

(a) The removal of snow from one lane in each direction along the

following roads is eligible:

(1) Officially designated snow emergency routes.

(2) Roads similar to those listed in paragraph (a)(1) of this

section in communities that do not have officially designated snow

emergency routes.

(3) Roads that provide access from those listed in paragraphs (a)

(1) and (2) of this section to critical facilities, such as emergency

operations centers, police stations, hospitals and other critical care

facilities.

(b) Snow emergency routes mean those roads posted as such that are

required to remain clear of parked vehicles during designated snow

emergencies to allow the passage of emergency vehicles.

(c) Search and rescue operations on roads and highways are

eligible.

Dated: October 16, 1996.

James L. Witt,

Director.

[FR Doc. 96-27175 Filed 10-23-96; 8:45 am]

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