Disaster Assistance Directorate Policy Numbers 9100.1 and 9523.1 Snow Assistance and Severe Winter Storm Policy, 43243-43250 [E8-16866]

Agencies

• Federal Emergency Management Agency
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 143 (Thursday, July 24, 2008)]
[Notices]
[Pages 43243-43250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16866]


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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: https://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 https://
www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to read the Privacy Act notice that is available on the 
Privacy and Use Notice link on the Administration Navigation Bar of 
www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at https://
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 https://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, (https://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, https://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 https://
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 
https://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 (https://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 https://
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, (https://
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