[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
