[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Rules and Regulations]
[Pages 45328-45330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22679]


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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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[[Page 45329]]

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

[[Page 45330]]

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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