[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Proposed Rules]
[Pages 55123-55124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27175]


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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]
BILLING CODE 6718-02-P