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Second Appeal Brief
PA ID# 037-44000-00; City of Los Angeles
PW ID# multiple project worksheets; Insurance Waiver
FEMA-1577-DR-CA, City of Los Angeles.Cross-reference:
As a result of high winds and extensive rainfall associated with the winter storms of December 27, 2004 through January 11, 2005, flooding damaged multiple facilities of the City of Los Angeles (Applicant). FEMA prepared PWs for the facilities according to 44 CFR §§206.252 and 206.253 requiring the Applicant to obtain and maintain insurance as a condition of receiving Federal assistance.
The Applicant submitted a letter dated July 14, 2005, from the California Department of Insurance (DOI) stating that adequate and necessary flood insurance was not reasonably available based on the affordability of flood insurance premiums. This certification letter was signed by a DOI analyst, rather than the California State Insurance Commissioner. The Infrastructure Branch Director denied the requested waiver on August 10, 2005.
The Applicant submitted its first appeal on January 31, 2006, requesting a waiver of the insurance requirements. The Acting Regional Administrator denied the appeal on May 18, 2007, stating that reasonable flood insurance was available under the National Flood Insurance Program (NFIP), that the Applicant did not meet the requirements for self-insurance under section 311(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), and that only certifications signed by the California State Insurance Commissioner are acceptable by FEMA.
The Applicant submitted its second appeal on August 30, 2007, reiterating the position presented in its first appeal and requesting a time extension to
November 3, 2007, to obtain a waiver signed by the State Insurance Commissioner. A waiver signed by the State Insurance Commissioner has not been provided.Issues:
Is the California Department of Insurances certification that the flood insurance requirement was not reasonable for the Applicant adequate to establish a waiver of insurance requirements? Findings:
No. The NFIP provides available and adequate insurance. Waivers can only be granted based on availability, adequacy, or necessity. The DOI recommendation was not signed by the insurance commissioner.Rationale:
Section 311 of the Stafford Act, 44 CFR §§59.2(a), 206.252(d), and 206.253(c).