
[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Notices]               
[Page 57509-57515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-75]                         

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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 final policy.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has revised its 
Snow Assistance and Severe Winter Storm Policy. The Snow Assistance and 
Severe Winter Storm Policy provides the procedures and criteria FEMA 
uses to make its recommendations to the President after a State 
Governor requests a declaration following a snowstorm. The criteria in 
the Snow Assistance and Severe Winter Storm Policy are used by FEMA 
solely for consideration in making its recommendations to the President 
and do not limit the ability of the President, in his discretion, to 
declare emergencies or major disasters.

DATES: This final policy is effective November 2, 2009.

FOR FURTHER INFORMATION CONTACT: James Walke, Director, Public 
Assistance Division, DHS/FEMA, 500 C Street, SW., Room 406, Washington, 
DC 20472-3100, 202-646-3848; (facsimile) 202-646-3304; or (e-mail) 
James.Walke@dhs.gov.

SUPPLEMENTARY INFORMATION:

I. 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 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. After a Governor 
requests that the President declare an emergency or major disaster, 
FEMA makes a recommendation to the President for use in his decision to 
grant or deny the Governor's request. To make its recommendation, FEMA 
follows its regulations in title 44 of the Code of Federal Regulations 
and, for snowstorms, it additionally follows the Snow Assistance and 
Severe Winter Storm Policy (the ``Snow Assistance Policy''). 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 limit the ability of the President, 
in his discretion, to declare emergencies or major disasters.
    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. This 
revision of the Snow Assistance Policy is expected to result in a 
reduction in assistance. Therefore, on September 17, 2002, FEMA 
published a proposed revision to its December 28, 1999 Snow Assistance 
Policy in the Federal Register for comment. 67 FR 58608. On July 24, 
2008, in response to the comments received and to address additional 
changes to the policy, FEMA published a second proposed revision of the 
Snow Assistance Policy for comment. 73 FR 43243.
    In the revised policy, FEMA makes three major changes. First, 
FEMA's 1999 Snow Assistance Policy evaluated requests for snow 
assistance under both the criteria for an ``emergency'' declaration 
under 44 CFR 206.35, as well 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), expressly include 
``snowstorm'' in the definition of a ``major disaster.'' By comparison, 
FEMA regulations define ``emergencies'' as those types of events that 
do not qualify under the definition of a major disaster. In this 
revised policy, snowstorm events will be considered by FEMA for major 
disaster declarations under 44 CFR 206.36, consistent with the Stafford 
Act and FEMA regulations. As discussed below, in response to comments 
received on the July 2008 proposed policy, this final Snow Assistance 
Policy does not include the limitation proposed in 2008 that FEMA would 
only make recommendations for major disaster declarations for snow 
events.
    Second, under FEMA regulations, FEMA may find that a State or 
community is eligible for financial assistance for 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 prior policy, for a county to have 
``record or near record'' snowfall, at least one National Oceanic and 
Atmospheric Administration (NOAA) station within that county was 
required to 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 was compared to the highest event snowfall to determine 
the county's eligibility for a snow assistance emergency declaration. 
Under this revised policy, FEMA compares the highest current event 
snowfall reported by the National Weather Service (NWS) to the highest 
National Climatic Data Center (NCDC) historical record in a county to 
determine if the snowfall event exceeds or is near a true record for a 
county.
    Finally, under this revised policy, States are now 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 are included only

[[Page 57510]]

for those areas that meet the record, near record, or contiguous county 
criteria of this revised 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 was not required under the 
previous snow policy. While this requirement is new to FEMA's Snow 
Assistance 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. The Governor must also direct the 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. Id.

II. Discussion of Comments Received on the July 24, 2008 Proposed Snow 
Assistance Policy

    On July 24, 2008, FEMA published a second proposed revision to its 
Snow Assistance Policy in the Federal Register at 73 FR 43243 for a 30-
day public comment period. FEMA received 13 comments, including 
comments from the U.S. Senate Committee on Homeland Security and 
Governmental Affairs, the U.S. House of Representatives Committee on 
Transportation and Infrastructure, an individual Senator, an 
individual, and Emergency Management Offices. The following is a 
summary of the substantive comments received and FEMA's responses 
thereto.

A. Impact Criteria

    One commenter requested that FEMA adopt reasonable ``local impact'' 
criteria to allow a State to contend that it has exceeded its 
capability and that supplemental assistance is necessary. In 2002, FEMA 
published its first proposed revisions to the Snow Assistance Policy, 
and received several comments that were critical of its proposed 
addition of ``local impact'' criteria. After considering those 
comments, FEMA agreed and removed this criterion from the proposed 
policy. As discussed in the 2008 proposed Snow Assistance Policy, FEMA 
determined that with the exception of record or near-record snowfall, 
which is required by 44 CFR 206.227, the criteria for major disaster 
declarations for snowstorms should be consistent with all other major 
disaster events. As there are no specific types of local impacts 
required under the Stafford Act or FEMA's regulations for other types 
of events, specific local impact criteria is not included in this final 
policy.

B. Definition of Severe Winter Storm

    A commenter stated that blizzards are not acknowledged under the 
proposed policy unless it is a record or near record snowfall. A lesser 
snowfall combined with extreme cold, ice, and/or significant wind, 
could exceed the impact of a record event. The commenter suggested that 
FEMA expand the eligibility for Federal assistance to include NWS-
verified blizzard conditions, or similar exacerbating factors.
    FEMA made no change as a result of this comment. In a blizzard 
situation, a Governor has the option of requesting a major disaster 
declaration as a result of a severe winter storm. FEMA's definition of 
``severe winter storm'' includes blizzards as one of the potential 
conditions that cause substantial physical damage or loss to improved 
property. If a major disaster is declared for a severe winter storm, 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.

C. Use of Record or Near Record Snowfall

    There were several comments related to the requirement for record 
and near-record snowfall to qualify for a snowstorm declaration. 
Several comments recommended eliminating the requirement in order to 
remove the administrative burden and confusion involved in determining 
record and near record snowfall and to consider the full range of costs 
associated with severe winter storms, including snow removal, when 
evaluating snow assistance requests. Several comments suggested that 
defining near record snowfall as within 10 percent of the record amount 
would not provide adequate flexibility. One commenter recommended using 
25 percent. One commenter suggested that the use of record or near 
record snowfall is not a good measure for a snowstorm declaration since 
a disaster can have more profound effects today than it did in the 
past.
    As established by 44 CFR 206.227, which went into effect in 1997, 
record or near record snowfall is the criteria FEMA uses to evaluate 
the need for Federal assistance for a snow event. In addition to record 
or near record snowfall, FEMA will now also consider the factors for 
evaluating a major disaster declaration listed under 44 CFR 206.48, 
including the estimated cost of assistance, localized impacts, and 
recent multiple disasters. FEMA will maintain the record or near record 
snowfall criteria because it is an indicator of the impact of a 
snowstorm. Unlike other major disaster events, snowstorms typically 
cause minimal infrastructure damage. Therefore, FEMA must rely on 
information in addition to the estimate of damages to judge the impact.
    Most State and local governments that experience snowstorms 
anticipate and routinely budget for snow removal every year. As budgets 
can vary significantly, it is difficult to consistently and fairly 
judge the impact of a snowstorm across multiple jurisdictions based 
only on the costs of snow removal operations. Therefore, FEMA asserts 
that evaluating both snowfall and costs in addition to the other 
factors described at 44 CFR 206.48 provides the most consistent and 
fair method for determining if the effects of a snowstorm warrant a 
major disaster declaration.
    With respect to the comments regarding near record snowfall, it has 
been FEMA's longstanding practice to define near record snowfall as 
within 10 percent of the record snowfall amount. FEMA has not found 
this percentage to be inflexible or inadequate.

D. Snowstorm Declaration Criteria

    Several comments requested that FEMA retain the option to request 
an emergency declaration for a snow event. Several commenters asserted 
that although snowstorms are specifically referenced in the definition 
of ``major disaster'' in section 102(2) of the Stafford Act, the 
Stafford Act's definition of ``emergency'' provides no list of covered 
events so it does not specifically exclude snowstorms from 
consideration for an emergency declaration.
    FEMA interprets the Stafford Act's specificity in its definition of 
``major disaster'' to denote that those natural catastrophes 
specifically listed are to be considered only for major disaster 
declarations. Further, FEMA's regulations state that ``[w]hen an 
incident occurs or threatens to occur in a State, which would not 
qualify under the definition of a major disaster, the Governor * * * 
may request that the President declare an emergency.'' See 44 CFR 
206.35(a). Since snowstorms are the type of incident that could qualify 
for a major disaster declaration, FEMA will evaluate requests from 
States for snow assistance using criteria for a major declaration. 
However, as indicated by commenters, there is no specific listing in 
FEMA regulations for incidents that are considered for

[[Page 57511]]

emergency declarations. FEMA is therefore removing the proposed 
provision that indicated FEMA would only make recommendations for major 
disaster declarations with respect to snowstorms.
    Two comments stated that States would have to meet the Public 
Assistance thresholds, including damage to infrastructure, to request a 
snow declaration. The commenters found this to be problematic because 
while snow emergencies typically require emergency protective measures 
and debris removal, they typically do not require repairs to public 
infrastructure. As an example, a commenter stated that States may 
require snow removal assistance and assistance to remove dead animals 
rather than requiring assistance for damaged infrastructure. Further, 
one commenter stated that the majority of work associated with snow 
events relates to emergency work. Another commenter stated that the 
burden to prove that a snowfall emergency caused sufficient damage to 
warrant a major disaster declaration would likely encourage States to 
apply for the full array of assistance available under the Stafford 
Act, which could cost the Federal Government more over time than if 
less expensive categories of assistance were more readily accessible.
    FEMA agrees that the majority of work associated with snow events 
relates to emergency work and that snowstorms do not typically cause 
significant infrastructure damage. However, there are instances where 
the weight of snow and ice causes roofs to collapse and power lines to 
fall. Further, storms may have wind gusts strong enough to damage 
facilities. Dead animals or debris caused by a snowstorm may be a 
threat to public health and safety. FEMA asserts that a major disaster 
declaration is the appropriate mechanism to evaluate and provide 
assistance for the costs of debris removal and infrastructure damage.
    A major disaster declaration will expand the categories of 
assistance to include debris removal and infrastructure restoration, 
which would not be eligible under an emergency declaration. Emergency 
work is eligible under both an emergency or major disaster declaration. 
Under this policy, the costs for emergency work will be considered in 
making a recommendation for a major disaster declaration.
    Several comments stated that the proposed policy's focus on 
individual snow events does not consider the burden of a record snow 
season. One commenter recommended allowing a record or near record snow 
season as criteria for a major disaster declaration.
    Section 102(2) of the Stafford Act uses the singular term 
``snowstorm'' in its definition of ``major disaster.'' Therefore, 
consistent with the Stafford Act, declarations are based on specific, 
singular events, and not seasons or multiple events over an extended 
period of time. Making declaration recommendations based on the burden 
of an entire snow season would, therefore, be inconsistent with the 
Stafford Act and FEMA regulations.
    A commenter stated that if FEMA decides to use record and near 
record snowfalls as criterion for discrete storms, FEMA should use NWS 
long-term averages to evaluate whether a discrete storm is 
statistically significant (similar to the evaluation of floods), rather 
than the single highest historic event. Commenters contend that as 
written, the proposed policy effectively gives each county only one 
chance in the future to receive snow assistance and makes one highly 
aberrant storm form the basis for all future planning. A commenter 
stated that jurisdictions budget for reasonably expected occurrences 
and not the absolute ``worst case scenario.'' According to the 
commenter, FEMA's proposed policy appears to reject the idea of using 
recurrent intervals as the benchmark for a snow event. The commenter 
suggested using validated recurrence intervals or accepted NWS long-
term averages to determine the relative magnitude of the current event. 
Another commenter noted that the use of record or near record snowfall 
tends to increase the threshold over time. Each time a new record is 
set, the threshold changes, making it increasingly difficult for 
communities to receive assistance. Finally, another commenter suggested 
that FEMA should not classify severe winter storms based upon record 
snowfall because of the impacts of drifting snow.
    FEMA agrees that the record and near record snowfall requirement 
increases the declaration indicator criteria over time. As a result, 
State and local governments will be required to increase their 
capability. In accordance with 44 CFR 206.48, FEMA similarly adjusts 
the major disaster per capita cost indicator each year based on the 
Consumer Price Index.
    Under the previous policy, FEMA has only provided financial 
assistance for snow emergency declarations. FEMA has not provided 
direct Federal assistance to address emergency conditions beyond the 
capability of the State and local governments. Therefore, FEMA asserts 
that it is not unreasonable for State and local governments to adjust 
their snow removal budgets accordingly to increase their capability 
over time.
    FEMA asserts that an aberrantly large event will not preclude a 
State from a future major disaster declaration for an event that does 
not equal or exceed the new record snowfall. The revised policy 
contains the near record or contiguous county provisions of the 
previous policy, which allow counties to qualify for assistance with 
snowfall totals that do not exceed record amounts. In past snow 
emergency declarations, a significant number of counties have qualified 
under these criteria. The contiguous county criteria, in particular, 
allow counties to qualify with snowfall totals that are sometimes 
significantly lower than the record amount in their respective county. 
FEMA also asserts that the contiguous and near record provisions 
provide enough flexibility in the declaration criteria that the use of 
NWS recurrence intervals or long-term averages is unnecessary. FEMA has 
revised language in paragraph (e)(6) of the final policy to clarify the 
provision on contiguous counties. It does not substantively alter the 
policy.

E. Snowstorm Declaration Requests

    A commenter requested a 60-day post-storm request period. The 
commenter stated that snow data is generally posted intermittently, and 
in some cases not within the 30-day request period, which may prevent a 
State from requesting a declaration within the established 30-day 
request period. FEMA has made no change with respect to this request. 
The proposed policy is consistent with FEMA regulations governing 
requests for major disaster declarations, which require submitting a 
request for a major disaster declaration within 30 days of the 
occurrence of the incident. 44 CFR 206.36. Furthermore, 44 CFR 
206.36(a) includes a provision for the Governor to request a time 
extension to submit a disaster declaration request. FEMA's 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 proposed changes would delay the 
declaration process because States would be required to assess damages 
in

[[Page 57512]]

the context of local and State Public Assistance thresholds and to 
conduct a more stringent review and comparison of record snowfall data. 
Another comment stated that requiring the per capita estimate of 
statewide costs to meet the threshold in 44 CFR 206.48(a)(1) conflicts 
with section 320 of the Stafford Act which advises: ``[n]o geographic 
area shall be precluded from receiving assistance under this Act solely 
by virtue of an arithmetic formula or sliding scale based on income or 
population.''
    For major disaster declarations, per capita costs are used as an 
indicator of the State or county's capability to respond to the event. 
While this would be new to FEMA's Snow Assistance 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. Under 44 CFR 
206.48, the estimated cost of assistance is not the sole factor used to 
determine need for assistance. It is one of several factors evaluated 
under the Public Assistance Program and is consistent with section 320 
of the Stafford Act.
    FEMA receives approximately six requests from States for snow 
assistance each season. In terms of snowfall and other supporting 
information, FEMA has received no indication from those applications 
that its documentation requirements are significantly burdensome. In 
fact, the quantity and quality of information provided in the 
declaration requests from most States already well exceed the 
information required by this revised Snow Assistance Policy.

F. Use of Official Government Snowfall Data

    One commenter remarked that for those States with large counties 
that have extreme differences in geography, such as Colorado, it is 
unacceptable to use the highest current event snowfall reported 
compared to the highest historical snowfall record for that county. 
Specifically, the commenter suggested comparing the current event 
snowfall recording station to the historic record for that same 
recording station. The commenter also stated that it is unacceptable to 
use an adjacent county's reporting information when there is no NWS or 
NCDC historical snowfall data. The commenter recommended using 
geography and distance to determine which nearby county would be used 
for historical record snowfall data.
    FEMA believes that the best method to evaluate event snowfall is to 
compare it with the NWS station with the highest historical record in a 
county to determine a true record or near record snowfall event. FEMA 
acknowledges that variations in geographic areas and features may make 
it difficult in some instances to compare current and historic values 
from different locations within a county or political jurisdiction. 
However, 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 
and can be applied consistently throughout the country.
    FEMA will use data provided by the NCDC and NWS Cooperative Network 
Stations for making comparisons to historic snowfall values because 
doing so ensures a consistent approach to the collection of snowfall 
data and the application of the Snow Assistance Policy. The policy also 
states that for counties with no NCDC or NWS historical record snowfall 
data, the historical record from the nearest NWS Cooperative Network 
Station in an adjacent county or State may be used for determining 
historical snowfall records. Geography and distance may be used to 
determine the nearest NWS Cooperative Network Station.
    Several comments were made that there is an inadequate distribution 
of NOAA COOP stations. One commenter asked what sources of snowfall 
measurements FEMA will use when no NCDC or NWS Cooperative Network 
Stations verified data exists.
    The 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 are provided with the proper equipment and guidelines 
for ensuring accurate observations. According to the NCDC, NOAA 
collects and distributes snowfall data from these trained, equipped, 
and supervised observers. To maintain consistency of evaluation data, 
when determining if a snowstorm reaches record or near record 
proportions, FEMA accepts event and historical snowfall data from the 
NCDC.
    FEMA's 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 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 NCDC or NWS. In the unlikely event that NCDC cannot 
provide either preliminary or final published NOAA station snowfall 
data, a State may contact the local NWS Weather Forecast Office (WFO) 
for information. FEMA will only use data from published NOAA stations 
in NCDC's monthly Local Climatological Data publication to assess a 
State's request for snow assistance. Some of NWS's products, like 
Public Information Statements, can contain reports from non-published 
sources, which are not used to evaluate requests for assistance.
    Several comments recommended using NWS WFO-verified start and end 
times for storm events. At NOAA Cooperative Network Stations, snowfall 
totals are measured from 7 a.m. to the following 7 a.m., so that 
snowstorms occurring from 12 noon to 12 noon are considered 48-hour 
storms because they cross two reporting periods. The commenter stated 
that as a result, the snowfall amounts for such storms must meet an 
unreasonably higher standard.
    To ensure consistency, daily and cumulative snowfall totals for the 
current event must be compared to the historic record snowfall over the 
same time period. The length of the current event period should be 
calculated using the same method that the historic record event period 
is determined. If the available historic data is measured from 7 a.m. 
to the following 7 a.m., the duration of the current storm will also be 
measured from 7 a.m. to the following 7 a.m. For example, snowfall from 
8 p.m. to 8 a.m. is considered a 2-day storm if the observing period is 
12 a.m. to 11:59 p.m. FEMA has determined that this is a reasonable 
standard.

G. Eligible Period of Assistance

    One commenter suggested that the preliminary damage assessment 
costs should be based on the applicant's total damage costs for the 
event, not just a 48-hour period. Another commenter asserted that 
requiring the current event snowfall to exceed the historic record 
snowfall by at least 50 percent in order to qualify for an extension 
effectively eliminates the time period extension, thereby limiting snow 
assistance to 48 hours and circumventing reimbursement of the eligible 
costs incurred for a major disaster declaration.
    As published in the proposed revisions to the policy, each county

[[Page 57513]]

included in a Governor's request for a declaration must provide 
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. An applicant may 
select a 48-hour period for estimating purposes, but use a different 
48-hour period when submitting actual costs. Additionally, 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. 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 to open 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 determined that event snowfall exceeding 50 
percent of the historic record was an appropriate measure of impact 
that would require extending the time period for assistance. FEMA has 
provided extensions in past snow emergency declarations.
    Another commenter requested that if a near record event is required 
to exceed the historic record by 10 percent, then it is logical for the 
time extension for snowfalls greatly exceeding record amounts to also 
exceed 10 percent.
    FEMA does not require near record snowfall to exceed the historic 
record by 10 percent. FEMA defines near record snowfall as snowfall 
that approaches, but does not meet or exceed, the historical record 
snowfall within a county as published by the NCDC. FEMA generally 
considers snowfall within 10 percent of the record amount to be a near 
record snowfall. The extension of the eligible time period is intended 
only for those extremely large storms that prevent emergency access and 
stop critical services for an unusually long period of time. Therefore, 
only those limited cases where event snowfall exceeds the historic 
record by 50 percent will be considered for an extension.

H. Severe Winter Storm Declarations

    One comment stated that for a severe winter storm jurisdictions 
will not be eligible for snow removal unless they meet record snowfall 
criteria. The commenter recommended that FEMA consider snow removal 
costs in the context of the appropriate response to the event, not 
snowfall amounts, for severe winter storms.
    FEMA will not include snow removal costs when calculating the per 
capita cost impacts for a severe winter storm declaration, unless the 
county meets the record or near record snowfall criteria outlined in 
the policy. However, 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 the normal clearance of 
snow from roads is not eligible.

I. Economic Impact

    One commenter asserted that the potential economic impact of the 
policy may be greater than 10 percent in some areas of the country and 
suggested breaking out the potential impacts by region.
    When the changes to this policy were proposed, FEMA conducted a 
cost impact analysis. In that analysis, FEMA assessed the potential 
annual economic impact of the policy and concluded that Public 
Assistance funding would be reduced by approximately 10 percent per 
year, which also equals an estimated savings of $5.3 million to the 
Federal taxpayers. Since most of the snow disasters are already 
geographically limited to FEMA's Regions I, II, III, V, VII, and VIII 
it is unnecessary to perform a regional cost analysis.

III. Executive Order 12866 ``Regulatory Planning and Review''

    This final policy does not constitute a significant regulatory 
action under Executive Order 12,866.

IV. Final Policy

    For the reasons set forth in the preamble, the Response and 
Recovery Policy RR9523.1, ``Snow Assistance Policy,'' dated December 
28, 1999; the ``Response and Recovery Policy 9523.1, Snow Assistance 
Policy Procedures for Determining Record or Near-Record Snowfall'' 
Memorandum issued by Carlos J. Castillo on June 30, 2008; the Snow 
Removal section on page 76 of the ``Public Assistance Guide FEMA 322/
June 2007''; and page 122 of the ``Public Assistance Policy Digest FEMA 
321/January 2008,'' are hereby superseded by the Disaster Assistance 
Directorate Policy Numbers 9100.1 and 9523.1 ``Snow Assistance and 
Severe Winter Storm Policy'' by the final policy text below.

Text of Final Policy

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 annually 
established countywide per capita impact indicator 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 p.m., January 5, 2007, 
through 8 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 10 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, http://www.fema.gov/pdf/
government/grant/pa/paguide07.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

[[Page 57514]]

substantial physical damage or loss to improved property.
    (b) Snowstorm Declaration Criteria.
    FEMA may recommend the declaration of a major disaster for a 
snowstorm that meets the following criteria. However, the criteria 
listed in this policy are solely for use by FEMA in making 
recommendations to the President and in no manner restricts the ability 
of the President, in his discretion, to declare emergencies or major 
disasters pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, as amended.
    (1) County criteria. 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, and 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, e.g., 74 FR 51296 (October 6, 
2009). The State must also 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.
    (2) State criteria. In addition to the 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.
    (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 
addresses the requirements of 44 CFR 206.36, 44 CFR 206.48, and this 
policy. A Governor's request for a snowstorm major disaster declaration 
and the Regional Administrator's Regional Summary, Analysis, and 
Recommendation shall cite ``Snowstorm'' as the incident type in the 
Governor's request. 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;
    (iv) For each requested county, copies of event daily snowfall 
totals from the National Weather Service (NWS) stations and historical 
record snowfall data from the National Climatic Data Center (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. The Regional 
Summary, Analysis, and Recommendation (See Template at http://
declarations.fema.net/) should include:
    (i) An overview of the snowstorm;
    (ii) A summary of statewide and localized impacts;
    (iii) A summary of State and local resources dedicated to 
alleviating the emergency, to include shelter information;
    (iv) A comparison of actual event snowfall to the highest 
historical record snowfall for each county for which snow assistance is 
requested;
    (v) An identification of any extenuating circumstances;
    (vi) The recommended Incident Period of the event and the 
Categories of Work recommended (See Public Assistance Guide, FEMA 322, 
page 66 at http://www.fema.gov/pdf/government/grant/pa/paguide07.pdf);
    (vii) 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;
    (viii) An evaluation of statewide and localized impacts;
    (ix) The type of assistance needed;
    (x) A recommendation on the Governor's declaration request based on 
the criteria in this policy; and
    (xi) A list of the recommended counties that met the requirements 
for a declaration for snow assistance under this policy.
    (3) The FEMA Administrator may add counties to a snowstorm 
declaration after the President has issued the declaration. Requests 
for additional counties should 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 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 http://
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 Summary, 
Analysis, and Recommendation.
    (e) Determining Record and Near Record Snowfalls.
    The following criteria will be used by FEMA 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

[[Page 57515]]

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 
county has current event snowfall that meets or exceeds the current 
event snowfall of a county, to which it is contiguous, 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 
under paragraph (d)(1) of this policy.
    (7) Counties that experience snowfalls occurring over a period 
exceeding three consecutive days that do not reach record or near 
record snowfalls during a 3-day period, and for which there are no 
historical snowfall records for a period exceeding 3 days with NCDC or 
NWS, will be considered for a major 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, (http://www.fema.gov/pdf/government/grant/pa/paguide07.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 (e) of this policy. However, 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 (e) of this policy.
    (2) In a major disaster declaration for a Severe Winter Storm, snow 
removal costs are not 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, and the Regional Administrator's 
Regional Summary, Analysis, and Recommendation, shall cite ``Severe 
Winter Storm'' as the incident type.
    (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: November 2, 2009.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-26817 Filed 11-5-09; 8:45 am]

BILLING CODE 9111-23-P
