[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Notices]
[Page 57509-57515]
[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,<PHONE_NUMBER>; (facsimile)<PHONE_NUMBER>; or (e-mail)
<EMAIL_ADDRESS>
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

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

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

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

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

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

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


[Federal Register: April 16, 2007 (Volume 72, Number 72)]
[Notices]
[Page 18983-18984]
[DOCID:fr16ap07-73]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0616; FRL-8299-1]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Submission of Unreasonable
Adverse Effects Information Under FIFRA Section 6(a)(2); EPA ICR Number
1204.10; OMB Control Number 2070-0039

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this document announces that a request to renew an
existing Information Collection Request (ICR) has been forwarded to the
Office of Management and Budget (OMB) for review and approval. The ICR,
which is abstracted below, describes the nature of the information
collection activity and its expected burden and costs.

DATES: Comments may be submitted on or before May 16, 2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2006-0616, both to (1) EPA online using http://www.regulations.gov (our

preferred method), or by mail to: OPP Regulatory Public Docket (7502P),
Office of Pesticide Programs (OPP), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, and (2) OMB by
mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External
Affairs Division, Office of Pesticide Programs, 7506P, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 25, 2006 (71 FR 62429), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments on this ICR
during the 60-day comment period. Any additional comments on this ICR
should be submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2006-0616, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the OPP Regulatory Public

Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. This docket facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
docket telephone number is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the Docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, CBI, or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: Submission of Unreasonable Adverse Effects Information Under
FIFRA Section 6(a)(2)
    ICR Status: This is a request to renew an existing approved
collection, which is scheduled to expire on May 31, 2007. Under OMB
regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. This
ICR describes the nature of the information collection and its
estimated burden and cost.
    Abstract: Section 6(a)(2) of Federal Insecticide, Fungicide, and
Rodenticide Act requires pesticide registrants to submit information to
the Agency which may be relevant to the balancing of the risks and
benefits of a pesticide product. The statute requires the registrant to
submit any factual information that it acquires regarding adverse
effects associated with its pesticidal products, and it is up to the
Agency to determine whether or not that factual information constitutes
an unreasonable adverse effect. Responses to this collection are
mandatory. The authority for this information collection is section
6(a)(2) of FIFRA, with regulations codified in 40 CFR part 159.
Information submitted to EPA in response to this information collection
may be protected from disclosure under FIFRA section 10.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 97.3
hours per registrant (respondent). Under the PRA, burden means the
total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.
    Respondents/Affected Entities: Pesticide Registrants.
    Estimated Number of Respondents: 1,720.
    Frequency of Response: As needed.
    Estimated Total Annual Hour Burden: 167,316.
    Estimated Total Annual Burden Cost: $9,809,591.
    Changes in the Estimates: This ICR renewal request reflects an
increase of approximately 11,677 burden hours from that which is
currently identified in the OMB Inventory of Approved ICR Burdens, to
an annual respondent burden of 167,316 hours at a cost of $9,809,591
(in 2006 dollars). The change in burden reflects a number of
adjustments. For this renewal ICR, there are now fewer registrants of
active products (1,720 versus 1,877) and therefore fewer employees to
be trained (17,200 versus 18,770) than reflected in the existing ICR.
    Total burden hour estimates associated with studies are reduced
because the estimated number of study submissions is reduced from 325
studies to 240. Burden estimates associated with the number of incident
reports, however, are increased because of the increased volume of
incident reporting (17%). Overall, considering both the decrease in
studies and the increase in incidents, the total burden hours increased
from 155,639 to 167,316.

    Dated: April 6, 2007.
Robert Gunter,
Acting Director, Collection Strategies Division.
[FR Doc. E7-7138 Filed 4-13-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Rules and Regulations]
[Pages 47626-47630]
[FR Doc No: 2022-16743]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[[Docket Number USCG-2022-0289]
RIN 1625-AA00

Safety Zones in Reentry Sites; Jacksonville, Daytona, Cape
Canaveral, Tampa, and Tallahassee, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing five temporary safety zones
for the safe splashdown and recovery of reentry vehicles launched by
Space Exploration Technologies Corporation (SpaceX) in support of
National Aeronautics and Space Administration (NASA) missions through
December 31, 2022. The temporary safety zones are located within the
Seventh Coast Guard District area of responsibility (AOR) offshore of
Jacksonville, Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.
This rule implements a special activities provision of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021. This action is necessary to protect vessels and waterway users
from the potential hazards created by reentry vehicle splashdowns and
recovery operations in the U.S. Exclusive Economic Zone (EEZ). It is
also necessary to provide for the safe recovery of reentry vehicles,
and any personnel involved in reentry services, after the splashdown.
This rule prohibits U.S.-flagged vessels from entering any of the
temporary safety zones unless authorized by the District Commander of
the Seventh Coast Guard District or a designated representative.

DATES: This rule is effective from August 10, 2022, through December
31, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0289 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Ryan Gilbert, District 7 Waterways Division
(dpw), U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CRS-25 Commercial Resupply Service-25 Mission
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
FAA Federal Aviation Administration
FL Florida
FR Federal Register
JAXPORT Jacksonville Port Authority
MSIB Marine Safety Information Bulletin
NASA National Aeronautics and Space Administration
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
Sec.  Section
SpaceX Space Exploration Technologies Corporation
U.S. United States
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 13, 2022, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register titled ``Safety Zones in
Reentry Sites; Jacksonville, Daytona, Cape Canaveral, Tampa, and
Tallahassee,

Florida.'' \1\ In the NPRM, we stated the purpose of the rulemaking was
to create five safety zones off the coast of Florida that would ensure
the protection of vessels and waterway users in the U.S. Exclusive
Economic Zone (EEZ) \2\ from the potential hazards created by reentry
vehicle splashdowns \3\ and recovery operations, and the safe recovery
of reentry vehicles and personnel involved in reentry services.\4\ The
NPRM invited comments on the proposed rule. During the comment period
that ended July 13, 2022, we received one comment.
---------------------------------------------------------------------------

    \1\ 87 FR 35697.
    \2\ The Coast Guard defines the U.S. exclusive economic zone in
33 CFR 2.30(a). Territorial sea is defined in 33 CFR 2.22.
    \3\ Splashdown refers to the landing of a reentry vehicle into a
body of water.
    \4\ Reentry Services means (1) activities involved in the
preparation of a reentry vehicle and payload, crew (including crew
training), government astronaut, or space flight participant, if
any, for reentry; and (2) the conduct of a reentry.
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    On January 1, 2021, the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283)
(Authorization Act) was enacted. Section 8343 (134 Stat. 4710) calls
for the Coast Guard to conduct a 2-year pilot program to establish and
implement a process to establish safety zones to address special
activities in the U.S. EEZ. These special activities include space
activities \5\ carried out by United States (U.S.) citizens. Terms used
to describe space activities, including launch, reentry site, and
reentry vehicle, are defined in 51 U.S.C. 50902, and in this document.
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    \5\ Space Activities means space activities, including launch
and reentry, as such terms are defined in section 50902 of Title 51,
United States Code, carried out by United States citizens.
---------------------------------------------------------------------------

    The Coast Guard has long monitored space activities impacting the
maritime domain and taken actions to ensure the safety of vessels and
the public as needed during space launch \6\ operations. In conducting
this activity, the Coast Guard engages with other government agencies,
including the Federal Aviation Administration (FAA) and National
Aeronautics and Space Administration (NASA), and private space
operators, including Space Exploration Technologies Corporation
(SpaceX). This engagement is necessary to ensure statutory and
regulatory obligations are met to ensure the safety of launch
operations and waterway users.
---------------------------------------------------------------------------

    \6\ The term launch is defined in 51 U.S.C. 50902.
---------------------------------------------------------------------------

    During this engagement, the Coast Guard was informed of space
reentry vehicles and recovery operations in the U.S. EEZ. Section 50902
of 51 U.S.C. defines ``reentry vehicle'' as a vehicle designed to
return from Earth orbit or outer space to Earth, or a reusable launch
vehicle designed to return from Earth orbit or outer space to Earth,
substantially intact. SpaceX, a U.S. company, has identified five
reentry sites \7\ within the U.S. EEZ of the Seventh Coast Guard
District area of responsibility (AOR) expected to be used for the
splashdown and recovery of reentry vehicles. All of these sites are off
the coast of Florida (FL)--three are located in the Atlantic Ocean and
two are located in the Gulf of Mexico.
---------------------------------------------------------------------------

    \7\ Reentry site means the location on Earth to which a reentry
vehicle is intended to return (as defined in a license the FAA
Administrator issues or transfers under this chapter).
---------------------------------------------------------------------------

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under section 8343 of the
Authorization Act. The Seventh District Commander has determined that
there are potential hazards in the U.S. EEZ created by reentry vehicle
splashdowns and recovery operations, and the safe recovery of reentry
vehicles and personnel involved in reentry services. The purpose of
this rule is to ensure safety of vessels, reentry vehicles, personnel
involved in reentry services and the navigable waters in the safety
zone before, during, and after the scheduled event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because this rule is needed to
ensure the safe splashdown and recovery of reentry vehicles launched by
SpaceX in support of NASA missions for the remainder of 2022. Delaying
the effective date of this rule would be impracticable because the
Commercial Resupply Service-25 (CRS-25) Mission is expected to
splashdown on approximately August 10, 2022, and the rule needs to be
effective prior to that date to ensure the protection of vessels and
waterway users in the U.S. EEZ from the potential hazards created by
reentry vehicle splashdowns and recovery operations, and the safe
recovery of reentry vehicles and personnel involved in reentry
services.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published on
June 13, 2022. The commenter, Jacksonville Port Authority (JAXPORT),
sought insight from the St. John's Bar Pilots, who are charged with
navigating vessels on the St. Johns River. The commenter stated that
the proposed Jacksonville safety zone would not interrupt the transit
of vessels to or from JAXPORT. Therefore, JAXPORT had no objections to
the proposed Jacksonville safety zone and would continue cooperating
with the Coast Guard. The Coast Guard acknowledges this comment.
    There are no changes in regulatory text to this rule from the
proposed rule in the NPRM.
    The rule establishes five temporary safety zones in the U.S. EEZ
for the safe reentry vehicle splashdown and recovery of reentry
vehicles launched by SpaceX in support of NASA missions through the
remainder of 2022. Three of the five temporary safety zones are located
off the coast of FL in the Atlantic Ocean in the following areas:
    (1) Approximately 65 nautical miles (NM) northeast from
Jacksonville;
    (2) Approximately 29 NM northeast from Daytona; and
    (3) Approximately 17 NM east from Port Canaveral.
    The remaining two temporary safety zones are located off the coast
of FL in the Gulf of Mexico in the following areas:
    (1) Approximately 58 NM northwest from Tampa Bay; and
    (2) Approximately 43 NM south from Tallahassee.
    The Jacksonville, Daytona, Cape Canaveral, and Tampa safety zones
have an approximate area of 256 square miles, and are diamond shaped
with the top point of the diamond pointing to the North. The
Tallahassee safety zone is approximately 59 square miles in size and is
triangular in shape. The Tallahassee safety zone, as provided by NASA
and SpaceX, is the same size and shape as the other four safety zones;
however, only a portion of the safety zone is within the jurisdiction
of the Seventh Coast Guard District, so only the 59 square miles is
included in this rule. The remaining portion of the safety zone falls
within the Eighth Coast Guard District AOR.
    To the extent feasible, the District Commander or a designated
representative will inform the public of the activation of the five
temporary safety zones by Notice of Enforcement (NOE) published in the
Federal Register at least 2 days before the reentry vehicle splashdown.
The NOE would identify the approximate date(s) during which a reentry
vehicle splashdown and recovery operations would occur.
    To the extent possible, 24 hours before a reentry vehicle
splashdown and recovery operation, the District Commander or designated
representative will inform the public that only one of the five safety
zones will remain activated (subject to enforcement) until announced by

Broadcast Notice to Mariners (BNM) on VHF-FM channel 16, and/or Marine
Safety Information Bulletin (MSIB) (as appropriate) that the safety
zone is no longer subject to enforcement. The specific temporary safety
zone to be enforced would be based on varying mission and environmental
factors, including atmospheric conditions, sea state, weather, and
orbital calculations.
    The MSIB will include the geographic coordinates of the activated
safety zone, a map identifying the location of the activated safety
zone, and information related to potential hazards associated with a
reentry vehicle splashdown and recovery operations associated with
space activities, including marine environmental and public health
hazards, such the release of hydrazine and other potential oil or
hazardous substances.
    When the safety zone is activated, the District Commander or a
designated representative will be able to restrict U.S.-flagged vessel
movement including but not limited to transiting, anchoring, or mooring
within the safety zone to protect vessels from hazards associated with
space activities. The activated safety zone will ensure the protection
of vessels and waterway users from the potential hazards created by
reentry vehicle splashdowns and recovery operations. This includes
protection during the recovery of a reentry vehicle, and the protection
of personnel involved in reentry services and space support vessels.\8\
---------------------------------------------------------------------------

    \8\ Space Support Vessel means any vessel engaged in the support
of space activities. These vessels are typically approximately 170
feet in length, have a forward wheelhouse, and are equipped with a
helicopter pad and lifting crane.
---------------------------------------------------------------------------

    After a reentry vehicle splashdown, the District Commander or a
designated representative would grant general permission to come no
closer than 3 NM within the activated safety zone from any reentry
vehicle or space support vessel engaged in the recovery operations. The
recovery operations are expected to last approximately 1 hour. That
should allow for sufficient time to let any potential toxic materials
clear the reentry vehicle, recovery of the reentry vehicle by the space
support vessel, and address any potential medical evacuations for any
personnel involved in reentry services that were onboard the reentry
vehicle.
    Once a reentry vehicle and any personnel involved in reentry
services are removed from the water and secured onboard a space support
vessel, the District Commander or designated representative will issue
a BNM on VHF-FM channel 16 announcing the activated safety zone is no
longer subject to enforcement. A photograph of a reentry vehicle and
space support vessel expected to use the reentry sites are available in
the docket.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and scope of the temporary safety zones. The
temporary safety zones are limited in size and location to only those
areas where reentry vehicles splashdown and recovery operations occur.
The safety zones are limited in scope, as vessel traffic will be able
to safely transit around the activated safety zone which will only
impact a small part of the U.S. EEZ within the Atlantic Ocean and Gulf
of Mexico. This rule involves the establishment of five temporary
safety zones which would be activated 2 days before a reentry vehicle
splashdown and recovery operations. Twenty-four hours before a reentry
vehicle splashdown, one of the five temporary safety zones would remain
active. After a reentry vehicle splashdown, general permission will be
granted to come no closer than 3 NM within the activated safety zone.
There is a danger associated with fumes from the reentry vehicle after
it has splashed down. Once a reentry vehicle and any personnel involved
in reentry services are removed from the water and secured onboard a
space support vessel, the activated safety zone will no longer be
subject to enforcement. The activated safety zone will ensure the
protection of vessels and waterway users from the potential hazards
created by a reentry vehicle splashdown and recovery operations and the
recovery of a reentry vehicle, personnel involved in reentry services,
and space support vessel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    The safety zones are only expected to last a few hours from reentry
vehicle splashdown to recovery. Vessels will be able to transit around
the activated safety zone location during these recoveries. We do not
anticipate any significant economic impact resulting from activation of
the safety zones.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of

power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of five temporary safety zones which would be activated 2
days before a reentry vehicle splashdown and recovery operations.
Twenty-four hours before a reentry vehicle splashdown, one of the five
temporary safety zones will remain active. After a reentry vehicle
splashdown, general permission would be granted to come no closer than
3 NM within the activated safety zone. Once a reentry vehicle and any
personnel involved in reentry services are removed from the water and
secured onboard a space support vessel, the activated safety zone will
no longer be subject to enforcement. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 is revised to read as follows:

    Authority: 46 U.S.C. 70034, 70051; section 8343 of Pub. L. 116-
283, 134 Stat. 3388, 4710; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.

0
2. Add Sec.  165.T07-0289 to read as follows:

Sec.  165.T07-0289  Safety Zones in Reentry Sites; Jacksonville,
Daytona, Cape Canaveral, Tampa, and Tallahassee, Florida.

    (a) Location. The coordinates used in this paragraph are based on
the World Geodetic System (WGS) 1984. The following areas are safety
zones:
    (1) Jacksonville site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  31[deg]06'28'' N     080[deg]15'00'' W
Point 2.......................  30[deg]55'01'' N     080[deg]01'40'' W
Point 3.......................  30[deg]43'30'' N     080[deg]15'00'' W
Point 4.......................  30[deg]55'01'' N     080[deg]28'19'' W
------------------------------------------------------------------------

    (2) Daytona site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.

                       Table 2 to Paragraph (a)(2)
------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29[deg]59'27'' N     080[deg]40'01'' W
Point 2.......................  29[deg]48'00'' N     080[deg]26'52'' W
Point 3.......................  29[deg]36'32'' N     080[deg]40'01'' W
Point 4.......................  29[deg]48'00'' N     080[deg]53'09'' W
------------------------------------------------------------------------

    (3) Cape Canaveral site. All waters from surface to bottom
encompassed within a line connecting the following points: Point 1,
thence to Point 2, thence to Point 3, thence to Point 4, and then back
to Point 1.

                       Table 3 to Paragraph (a)(3)
------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29[deg]02'27'' N     080[deg]13'48'' W
Point 2.......................  28[deg]51'00'' N     080[deg]00'46'' W
Point 3.......................  28[deg]39'32'' N     080[deg]13'48'' W

Point 4.......................  28[deg]51'00'' N     080[deg]26'49'' W
------------------------------------------------------------------------

    (4) Tampa site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, thence to Point 4, and then back to Point 1.

                       Table 4 to Paragraph (a)(4)
------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  28[deg]17'27'' N     083[deg]54'00'' W
Point 2.......................  28[deg]06'00'' N     083[deg]41'02'' W
Point 3.......................  27[deg]54'32'' N     083[deg]54'00'' W
Point 4.......................  28[deg]06'00'' N     084[deg]06'57'' W
------------------------------------------------------------------------

    (5) Tallahassee site. All waters from surface to bottom encompassed
within a line connecting the following points: Point 1, thence to Point
2, thence to Point 3, and then back to Point 1.

                       Table 5 to Paragraph (a)(5)
------------------------------------------------------------------------

------------------------------------------------------------------------
Point 1.......................  29[deg]22'38'' N     084[deg]05'20'' W
Point 2.......................  29[deg]16'58'' N     083[deg]58'55'' W
Point 3.......................  29[deg]06'20'' N     084[deg]11'12'' W
------------------------------------------------------------------------

    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Captain of the Port
(COTP) in the Seventh Coast Guard District; Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel; Coast Guard Representatives in
the Merrill Operations Center; and other officers designated by the
District Commander of the Seventh Coast Guard District or cognizant
COTP.
    District Commander means Commander of the Seventh Coast Guard
District.
    Reentry Services means activities involved in the preparation of a
reentry vehicle and payload, crew (including crew training), government
astronaut, or space flight participant, if any, for reentry; and the
conduct of a reentry.
    Reentry vehicle means a vehicle designed to return from Earth orbit
or outer space to Earth, or a reusable launch vehicle designed to
return from Earth orbit or outer space to Earth, substantially intact.
    Space Support Vessel means any vessel engaged in the support of
space activities. These vessels are typically approximately 170 feet in
length, have a forward wheelhouse, and are equipped with a helicopter
pad and lifting crane.
    Splashdown means the landing of a reentry vehicle into a body of
water.
    (c) Regulations. (1) Because the safety zones described in
paragraph (a) of this section are within the U.S. Exclusive Economic
Zone, only U.S.-flagged vessels are subject to enforcement. All
foreign-flagged vessels are encouraged to remain outside the safety
zones.
    (2) In accordance with the general regulations in 33 CFR part 165,
subpart C, no U.S.-flagged vessel may enter the safety zones described
in paragraph (a) of this section unless authorized by the District
Commander or a designated representative, except as provided in
paragraph (d)(3) of this section.
    (d) Notification of enforcement. (1) To the extent feasible, the
District Commander or a designated representative will inform the
public of the activation of the five safety zones described in
paragraph (a) of this section by Notice of Enforcement published in the
Federal Register at least two days before the splashdown.
    (2) To the extent possible, twenty-four hours before a reentry
vehicle splashdown, the District Commander or designated representative
will inform the public that only one of the five safety zones described
in paragraph (a) will remain activated until announced by Broadcast
Notice to Mariners on VHF-FM channel 16, and/or Marine Safety
Information Bulletin (as appropriate) that the safety zone is no longer
subject to enforcement.
    (3) After a reentry vehicle splashdown, the District Commander or a
designated representative will grant general permission to come no
closer than 3 nautical miles of any reentry vehicle or space support
vessel engaged in the recovery operations, within the activated safety
zone described in paragraph (a) of this section.
    (4) Once a reentry vehicle, and any personnel involved in reentry
service, are removed from the water and secured onboard a space support
vessel, the District Commander or designated representative will issue
a Broadcast Notice to Mariners on VHF-FM channel 16 announcing the
activated safety zone is no longer subject to enforcement.
    (e) Effective period. This section is effective from August 10,
2022, through December 31, 2022.

    Dated: August 01, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2022-16743 Filed 8-3-22; 8:45 am]
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