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Second Appeal Letter
PA ID# 071-06A69-00; Sewerage and Water Board of New Orleans
PW ID# Project Worksheet 4165; Replacement of Anti-theft Devices for Fire Hydrants
April 6, 2009
Colonel Thomas Kirkpatrick (Ret.)
State Coordinating Officer
Governors Office of Homeland Security
and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, LA 70806
RE: Second AppealSewerage and Water Board of New Orleans, FIPS 071-06A69-00Replacement of Anti-theft Devices for Fire Hydrants
FEMA 1603-DR-LA, Project Worksheet (PW) 4165
Dear Colonel Kirkpatrick:
This letter is in response to a letter from your office dated July 22, 2008, which transmitted the referenced second appeal on behalf of the Sewerage and Water Board of New Orleans (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial to fund the replacement of anti-theft devices on fire hydrants.
As a result of Hurricane Katrina the Applicant cited the need to replace 12,000 anti-theft devices on fire hydrants. FEMA prepared PW 4165 for $3 Million to fund the replacement of these anti-theft devices. FEMA representatives performed a site inspection and determined pre-disaster corrosion damage existed. Thus, the project was deemed ineligible and PW 4165 was obligated for $0 on February 10, 2006.
On May 16, 2007, the Governors Office of Homeland Security and Emergency Preparedness (GOHSEP) submitted the Applicants first appeal. In its appeal the Applicant cited FEMAs representative recognized the badly corroded and inoperability of the anti-theft devices, but failed to appreciate the damages were caused by the fire hydrants standing in brackish water for weeks. In addition, the Applicant stated FEMA erred in not allowing the Applicant the opportunity to demonstrate through fire department and/or public works documentation, the
pre-disaster condition of the anti-theft devices.
FEMA denied the Applicants first appeal on August 27, 2007, as the Applicant did not substantiate the anti-theft devices were badly corroded and inoperable as a result of Hurricane Katrina. Furthermore, FEMA cited the Applicant replaced most of the anti-theft devices in
areas that were not flooded, as well as areas that were flooded; thereby, supporting the theory any damage to the anti-theft devices were pre-existing. Included in the denial were instructions to the Applicant a second appeal must be filed within 60 days of the Applicants receipt of the determination per 44 CFR §206.206, Appeals
. The GOHSEP notified the Applicant of FEMAs decision in a letter dated September 24, 2007.
The Applicant submitted its second appeal to GOHSEP in May 2008, approximately six months after the regulatory deadline. The second appeal included repair and service reports of fire hydrants prior to Hurricane Katrina, and the request to replace the anti-theft devices on fire hydrants was reduced from 12,000 to 9,003. The Applicant also requested a meeting with FEMA representatives. On December 16, 2008, the Applicant met with FEMA representatives and presented a summary of information regarding the replacement of the anti-theft devices.
Based on my review of the information provided, I have determined that the Applicant has not identified any extenuating circumstances for submitting its second appeal after the established deadline. Therefore, the second appeal is denied.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: William Peterson