[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Notices]
[Pages 58608-58609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23558]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Notice of Opportunity To Comment on Snow Emergency and Severe 
Winter Storm Declarations and Snow Removal Assistance Policy

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of opportunity for comment.

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SUMMARY: FEMA is proposing to publish a revision to the currently 
effective Snow Assistance policy dated December 28, 1999. The proposed 
policy maintains the basic tenets of the current policy, but includes 
additional declaration criteria for snow emergencies. In addition to an 
area experiencing ``record'' or ``near-record'' snowfall, FEMA will 
require evidence of the actual impacts from a snowstorm before making a 
recommendation for a snow emergency declaration. More specifically, 
FEMA will require that the snowstorm cause some of the following 
impacts: search and rescue operations, opening of shelters, closure of 
Interstates and State highways, power outages, closure of local 
government offices, and the need for federal equipment and labor. Once 
a declaration is made, assistance would be provided to all eligible 
applicants for eligible snow removal work for a 48-hour time period.

DATES: This notice is effective on publication. We invite comments that 
are received by November 1, 2002.

FOR FURTHER INFORMATION CONTACT: Melissa M. Howard, PhD., Recovery 
Division, Response and Recovery Directorate, Federal Emergency 
Management Agency, Washington, DC 20472, 202-646-4240 or 
[email protected] (e-mail).

SUPPLEMENTARY INFORMATION: Comments are being solicited on a specific 
policy entitled Snow Emergency and Severe Winter Storm Declarations and 
Snow Removal Assistance. The policy follows:

A. Definitions

    Contiguous County: A county that shares a border with a core 
county. Two counties that share a border across a State line are not 
considered contiguous counties.
    Core County: A county that is declared under a snow emergency or 
severe winter storm that is designated for Snow Removal Assistance 
based on record or near-record snowfall.
    Near-Record Snowfall: A snowfall that approaches, but does not 
exceed, the record snowfall as documented by NOAA's historical records. 
FEMA generally considers snowfall within ten percent of the record 
amount to be a near-record snowfall.
    Record Snowfall: For the purposes of this policy, a record snowfall 
is defined as the maximum snowfall over a 1-, 2-, or 3-day period, as 
documented by historical records maintained by the National Oceanic and 
Atmospheric Administration (NOAA).
    Severe Winter Storm: For the purposes of this policy, a severe 
winter storm is defined as an event that occurs during the winter 
season and includes snow, ice, high winds, blizzard conditions, etc., 
and causes substantial physical damage or loss to improved property.
    Snow Removal Assistance: Snow removal assistance is assistance for 
snow removal, de-icing, salting, and sanding of roads.

B. Snow Emergency and Severe Winter Storm Declaration Criteria

    It continues to be Federal policy that disaster response and 
recovery is the responsibility of the State and local governments. 
Federal assistance is supplementary and is appropriate only when an 
event is of such severity and magnitude that response requirements 
exceed State and local capabilities. FEMA's primary considerations for 
either an emergency or major disaster declaration recommendation for 
snow or severe winter storms are the actual impacts of the event.
    1. All snow emergency declaration requests must satisfy the 
requirements of 44 CFR 206.35. All counties requested under this policy 
must have experienced a record or near-record snowfall or meet the 
contiguous county criteria described in C.1. FEMA will require evidence 
of some of the following impacts when making its recommendation to the 
President:
    (a) Significant level of activation of National Guard for search 
and rescue operations and other life saving actions.
    (b) Opening of multiple shelters for large numbers of stranded 
motorists and

[[Page 58609]]

large numbers of victims of extended power outages.
    (c) Closure of Interstates and/or State highways for extended 
periods of time exceeding 48 hours.
    (d) Power outages across a significant portion of the storm-
affected area exceeding 48 hours.
    (e) Closure of local government offices for extended periods of 
time exceeding 48 hours.
    (f) State's need for a significant level of federal equipment and 
labor to address the impacts of the event.
    2. FEMA will follow the guidelines in 44 CFR 206.48 when evaluating 
a request for a major disaster declaration as a result of a severe 
winter storm. FEMA will not include snow removal costs when calculating 
the per capita cost impacts.

C. Provisions for Snow Removal Assistance:

    1. The following procedures are followed for determining if an area 
has experienced a record or near-record snowfall:
    (a) The current and historic snowfall values shall be compared for 
the same time period.
    (b) When NOAA's historical data shows that multiple stations exist 
for a county, the current snowfall should be compared to the highest 
historical snowfall record for that county.
    (c) For counties that do not have NOAA reporting stations, a 
comparison of the snowfall values for reporting stations within 
adjacent counties or the nearest reporting station shall be used for 
designation purposes. However, data from a station in another State 
will not be used.
    2. A county that does not receive a record or near-record snowfall, 
but is contiguous to a core county may be designated for snow removal 
assistance if it has snowfall equal to or greater than that of the 
designated core county.
    3. All eligible applicants within a designated area, including 
private non-profit organizations, are eligible for snow removal 
assistance.
    4. Snow removal assistance for snow removal, salting, and sanding 
of roads is only eligible if the area meets the record, near-record, or 
contiguous county designation criteria. Generally, FEMA will provide 
assistance for eligible costs for force account labor (overtime only), 
contract, equipment, materials, etc. for a continuous period of 48 
hours. If applicants award contracts for a period greater than 48 
hours, eligible funding is limited to 48 hours. This same procedure 
applies to all other snow removal related costs. The eligible funding 
will only cover reasonable expenditures incurred for 48 hours of 
operations.
    5. Applicants may use different 48-hour periods. Each district of a 
State-wide applicant (e.g., Department of Transportation) may have 
different 48-hour periods. All subdivisions of a local government must 
use the same 48-hour period.
    6. The eligible time period may be extended 24 hours for the most 
extreme and anomalous conditions where snowfall quantities greatly 
exceed record amounts. To qualify for an extension, a significant 
number of the core counties within the State must experience snowfall 
that greatly exceeds the record amount. The time extension will be made 
for all designated counties within a state. Only the Assistant Director 
for Response and Recovery has the authority to extend the eligible time 
period.
    7. In a major disaster declaration for a severe winter storm, snow 
removal assistance will not be approved by FEMA if the area does not 
meet the record, near record or contiguous county designation criteria. 
However, a very limited level of snow removal, incidental to the 
recovery, may be eligible for assistance. For example, snow removal 
that is necessary in order to access debris or for access to repair 
downed power lines may be eligible following a snowstorm that does not 
meet the record or near-record criteria.
    8. Eligible snow removal costs will be reduced by the amount of 
snow removal insurance proceeds.

    Dated: September 10, 2002.
John R. D'Araujo, Jr.,
Assistant Director, Response and Recovery Directorate.
[FR Doc. 02-23558 Filed 9-16-02; 8:45 am]
BILLING CODE 6718-02-P