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Replacement of Traffic Signal Controllers
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Summary: Heavy rainfall and winds from Tropical Storm Erin severely damaged five traffic signal controllers on Federal Aid routes in the City of Mansfield (Applicant). FEMA prepared PW 372 for $56,022 for the permanent restoration work. Following a review of the PW, FEMA determined the work was ineligible because it was under the specific authority of the Federal Highway Administration (FHWA). As FHWA also could not fund the project, the Applicant submitted its first appeal to FEMA, requesting that FEMA provide funding on the basis that the intent of Section 312 of the Stafford Act and 44 CFR §206.226(a)(1) was to prevent a duplication of benefits. The Applicant claims that in this instance there was no duplication of benefits. On May 28, 2008, the Regional Administrator denied the Applicants first appeal reiterating the initial determination that the work was ineligible because it was under the specific authority of the FHWA. In the Applicants second appeal, dated August 7, 2008, the Applicant reiterated its arguments from the first appeal that there was no duplication of benefits. In addition, the Applicant added that FEMA has flexibility within its regulations to fund projects that are under the specific authority of another Federal Agency. The Applicant did not provide additional documentation to establish eligibility for funding under the Public Assistance Program.
Issues: 1. Can FEMA fund the restoration of a Federal-aid street or highway?
Findings: 1. No.
Rationale: Section 102 of the Stafford Act
Second Appeal Brief
FEMA-172-DR-
PA ID# 139-47138-00; City of Mansfield
PW ID# Project Worksheet 372; Replacement of Traffic Signal Controllers
04/06/2009
CitationFEMA-1720-DR-OH, City of Mansfield, Replacement of traffic signal controllers, Project Worksheet (PW) 372 PA ID# 139-47138-00; City of Mansfield
PW ID# Project Worksheet 372; Replacement of Traffic Signal Controllers
04/06/2009
Summary: Heavy rainfall and winds from Tropical Storm Erin severely damaged five traffic signal controllers on Federal Aid routes in the City of Mansfield (Applicant). FEMA prepared PW 372 for $56,022 for the permanent restoration work. Following a review of the PW, FEMA determined the work was ineligible because it was under the specific authority of the Federal Highway Administration (FHWA). As FHWA also could not fund the project, the Applicant submitted its first appeal to FEMA, requesting that FEMA provide funding on the basis that the intent of Section 312 of the Stafford Act and 44 CFR §206.226(a)(1) was to prevent a duplication of benefits. The Applicant claims that in this instance there was no duplication of benefits. On May 28, 2008, the Regional Administrator denied the Applicants first appeal reiterating the initial determination that the work was ineligible because it was under the specific authority of the FHWA. In the Applicants second appeal, dated August 7, 2008, the Applicant reiterated its arguments from the first appeal that there was no duplication of benefits. In addition, the Applicant added that FEMA has flexibility within its regulations to fund projects that are under the specific authority of another Federal Agency. The Applicant did not provide additional documentation to establish eligibility for funding under the Public Assistance Program.
Issues: 1. Can FEMA fund the restoration of a Federal-aid street or highway?
Findings: 1. No.
Rationale: Section 102 of the Stafford Act