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Second Appeal Brief
PA ID# 015-29265-00; Town of Hatfield
PW ID# 305; Equipment Replacement
Summary:Following the heavy rains and flooding event that began October 7, 2005, FEMA prepared Project Worksheet (PW) 305 for $55,225.70 for damages to a submerged Komatsu PC 200 Excavator that the Town of Hatfield (Applicant) had rented on September 12, 2005. FEMA did not obligate the PW because it determined that the Applicant did not obtain necessary insurance coverage as required by the lease agreement, and the damage was not incurred while performing eligible work as required by Recovery Policy 9525.8, Damage to Applicant-Owned Equipment. The Applicant submitted its first appeal on July 17, 2006, stating that insurance coverage was not available in the floodplain for rented equipment. FEMA denied this appeal in a letter dated September 21, 2006, pursuant to 44 CFR §206.223(e), which states, “No assistance will be provided to an applicant for damages caused by its own negligence.” The Applicant submitted its second appeal on November 29, 2006. The Applicant contends that the decision to leave the piece equipment in the floodplain was reasonable, based on the conditions at the time of a site visit by an employee and the employee’s local knowledge of the river. The Applicant submitted two signed affidavits of individuals attesting to the reasonableness of the determination to leave the piece of equipment at the jobsite.
Issues:Findings:Is the damaged equipment eligible for repair under the Public Assistance Program?
Rationale:44 CFR §206.223(e); Recovery Policy RP9525.8, Damage to Applicant-Owned Equipment.