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Second Appeal Summary
PA ID# XXX-XXXXX; Alabama Historical Commission/ Alabama Department of Transportation
DSR ID# XXX; Fort Morgan Ferry Dock Repair
Citation: 44 CFR §206.222, Alabama Historical Commission/Alabama Department of Transportation, Legal Responsibility
Cross-reference: Applicant Eligibility
Summary: Hurricane Ivan damaged the Fort Morgan Ferry Dock located on Mobile Bay, Alabama. FEMA assistance for the repair of the facility was denied because the applicant, the Alabama Historical Commission (AHC), did not appear to have legal responsibility for the facility under 44 CFR §206.223(a)(3). On April 5, 2005, the Alabama Emergency Management Agency (AEMA) filed a first appeal on behalf of AHC. AEMA did not argue the issue of legal responsibility, but urged reconsideration because the ferry dock was a vital transportation link between two counties. Region IV denied the first appeal on May 23, 2005. On August 12, 2005, the Alabama Department of Transportation (ADOT) filed a second appeal claiming that legal responsibility had passed from AHC to ADOT subsequent to the disaster event.
Issues: 1. Does the Alabama Department of Transportation have legal responsibility for repair of the damaged facility?
Findings: 1. Yes
Rationale: 44 CFR §206.223(a)(3) and § 206.222