Disaster Assistance; Snow Assistance

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC58

Disaster Assistance; Snow Assistance

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule describes Federal assistance that is available to

eligible applicants as a result of an Emergency or Major Disaster

declaration based on snowstorms.

EFFECTIVE DATE: September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Melissa H. Howard, Ph.D, Infrastructure Support Division, room 713, 500

C Street SW., Washington DC 20472, (202) 646-3243.

SUPPLEMENTARY INFORMATION: On October 24, 1996, FEMA published in the

Federal Register at 61 FR 55122 a proposed rule, ``Disaster Assistance;

Snow Removal Assistance,'' and invited comments for 30 days ending on

November 25, 1996. Comments were received from 11 sources representing

a congressional office, State and local governments and a national

association.

Three comments were made that the proposed change clarifies and

clearly defines FEMA's eligibility criteria for snow assistance. A

general comment was that the proposed rule would reduce false

expectations and encourage proper planning and self-sufficiency on the

parts of State and local governments.

Three comments were made that the proposed rule did not address the

declaration criteria for which a presidential disaster for a snow event

would be declared or did not take into account the effects of a ``slow

emergency'' that may be created by the continual accumulation of severe

weather over an extensive period of time. While the original intent was

to describe only work and costs that would be eligible after a

presidentially-declared emergency or major disaster, language was added

to clarify situations that may warrant a presidential declaration. The

basic principle guiding presidential declarations will be that the

snowstorm must be record or near record, as established by official

government records.

Four comments were made that costs associated with labor, equipment

and materials for sand and salt operations to enable safe passage over

icy surfaces should be an eligible expense. FEMA has simplified the

rule by broadening eligible costs to include work eligible under 44 CFR

206.225, Emergency Work.

There were several comments about the limited nature of the

eligibility for Federal assistance. Three comments were made that the

proposed rule precludes snow removal from tracks and rights-of-way of

urban mass transit systems, marine terminals and from airport runways

and connecting taxiways and ramp areas, and four comments were made

that the list of critical facilities should include other types of

facilities besides those mentioned in the proposed rule. The rule now

permits all emergency work costs eligible under 44 CFR 206.225 for the

period of time that will be specified in the declaration.

Three comments were made that the snow removal policy continues to

separate snowstorms from other disasters as defined by the Robert T.

Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121

et seq. The President has the authority under the Stafford Act to

declare a major disaster or emergency or to deny a governor's request

for a declaration. In the event that a declaration is made, the

President has the authority to limit the extent to which Federal

disaster assistance may be delivered. Winter storms that cause

extensive power outages, serious safety hazards and significant

physical damage to public infrastructure may require a declaration

authorizing several categories of recovery assistance. The extent of

damage and needed assistance will continue to be the basis for the

extent of the declaration.

A frequent general comment was whether eligible costs (National

Guard snow removal assistance, selective hauling of snow, overtime,

equipment rates, etc.) under FEMA's past snow removal policy would be

eligible and under what category of work, absent any mention in the

proposed rule. As noted above, 44 CFR 206.225 governs costs eligible

for Federal assistance. Damage survey reports will be written as

Category B, Emergency Protective Measures.

Three comments were made that the one lane/emergency route policy

should be expanded to provide assistance for all roads for which the

State or local jurisdiction have responsibility. FEMA has expanded the

eligibility.

National Environmental Policy Act

This rule is 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 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.

Congressional Review of Agency Rulemaking

This final rule has been submitted to the Congress and to the

General Accounting Office under the Congressional Review of Agency

Rulemaking Act, 5 U.S.C. 801 et seq. The rule is not a ``major rule''

within the meaning of that Act. It does not result in nor it is likely

to result in an annual effect on the economy of $100,000,000 or more;

it will not result in a major increase in costs or prices for

consumers, individual industries, Federal, State, or local government

agencies, or geographic regions; and it will not have ``significant

adverse effects'' on competition, employment, investment, productivity,

innovation, or on the ability of United States-based enterprises to

compete with foreign-based enterprises.

This final rule is exempt (1) from the requirements of the

Regulatory Flexibility Act, as certified previously, and (2) from the

Paperwork Reduction Act.

This rule is not an unfunded Federal mandate within the meaning of

the Unfunded Mandates Reform Act of 1995, Public Law 104-4. It does not

meet the $100,000,000 threshold of that

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Act, and any enforceable duties are imposed as a condition of Federal

assistance or a duty arising from participation in a voluntary Federal

program.

List of Subjects in 44 CFR Part 206

Disaster assistance, Public assistance.

Accordingly, 44 CFR part 206 is amended as follows:

1. The authority citation for part 206 is revised 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; E.O. 12127, 44 FR

19367, 3 CFR, 1979 Comp., p. 376; 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 revised to read as follows:

Sec. 206.227 Snow assistance.

Emergency or major disaster declarations based on snow or blizzard

conditions will be made only for cases of record or near record

snowstorms, as established by official government records. Federal

assistance will be provided for all costs eligible under 44 CFR 206.225

for a specified period of time which will be determined by the

circumstances of the event.

Dated: August 18, 1997.

James L. Witt,

Director.

[FR Doc. 97-22679 Filed 8-26-97; 8:45 am]

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