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Second Appeal Brief
PA ID# 000-U00FB-00; Texas Parks and Wildlife Department
PW ID# xxxx; Insurance Waiver
FEMA-1606-DR-TX; Texas Parks and Wildlife DepartmentCross-reference: Insurance WaiverSummary:
As a direct result of high winds, extensive rainfall, flooding, and storm surge associated with Hurricane Rita (September 23, 2005), severe damage occurred at several Texas Parks and Wildlife Department (Applicant) facilities located at multiple Texas State Parks. FEMA prepared PWs for the facilities with a reference to the regulations (44 CFR §§206.252(d) and 206.253(e)) that require applicants to obtain and maintain insurance as a condition of receiving federal assistance.
TPWD petitioned the Texas Commissioner of Insurance for a waiver of the insurance purchase requirement pursuant to 44 CFR §206.252(d) stating, At this time, TPWDs request is not based upon unavailability; it is based on public policy considerations. On November 28, 2006, the Texas Commissioner of Insurance, Mike Geeslin, provided the waiver. In his letter of January 31, 2007, the Regional Director (now Regional Administrator) denied the Insurance Commissioners waiver.
The Applicant waived the first appeal and submitted a second appeal to the Division of Emergency Management (DEM) on March 27, 2007. DEM forwarded the appeal to FEMA on May 30, 2007. The Applicant requested that FEMA accept the Texas Commissioner of Insurances certification that insurance coverage in the amounts necessary is not reasonably available.Issues:
(1) Is the Texas Commissioner of Insurances certification that the flood and wind insurance required was not reasonable for the Applicant appropriate? Findings:
(1) No. Insurance is available under the NFIP and the Texas Windstorm Insurance Association. Rationale:
Section 311 of the Stafford Act, 44 CFR §§ 59.2(a), 206.252(d), and 206.253(c).