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Second Appeal Letter
PA ID# XXX-XXXXX; Sabine Pass Port Authority
PW ID# xxx; Request for Public Assistance
June 23, 2009
Alternate State Coordinating Officer
Office of the Governor
Division of Emergency Management
5425 Polk Street, Suite 470
Houston, TX 77023
Re: Second AppealSabine Pass Port Authority, Request for Public Assistance,
Dear Mr. Anders:
This is in response to your letter dated August 4, 2008, which transmitted the referenced second appeal on behalf of Sabine Pass Port Authority (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision not to accept its Request for Public Assistance (RPA), which was submitted after the regulatory application deadline.
The President declared Jefferson County as a part of a major disaster for the State of Texas on September 23, 2005. The State of Texas requested and was granted a 30-day extension for applicants to submit an RPA, thereby extending the deadline to submit an RPA to
November 23, 2005. The Applicant submitted its RPA to the State on November 8, 2007, and the State forwarded it to FEMA on December 28, 2007. On January 16, 2008, FEMA responded to the State indicating that FEMA could not accept the RPA because the Applicant submitted it approximately two years beyond the November 23, 2005, deadline.
In its first appeal dated February 28, 2008, the Applicant claimed that it was not aware of the proper process for requesting FEMA assistance and that it did not receive notification of the initial FEMA meetings held in the Sabine Pass area. The Regional Administrator determined that the Applicant did not utilize all available avenues for aid, particularly when the availability of assistance was repeatedly broadcasted throughout the area via the electronic and print media. In addition, the State posted information on its website with appropriate forms for requesting Public Assistance. The Regional Administrator concluded that the Applicant did not demonstrate extenuating circumstances beyond the States or the Applicants control as required under 44 CFR §206.202(c), Request for Public Assistance,
and 44 CFR §206.202(f)(2),Time limitations
. In a letter dated March 24, 2008, the Regional Administrator denied the Applicants first appeal.
In its second appeal, submitted June 6, 2008, the Applicant reiterates the same position it claims in the first appeal. Support documents include a Capital Expenditure Master Plan report prepared by LEAP Engineering, a letter from the Applicants attorney, and photographs of the damaged facility and its completed repairs.
Based on my review of the information provided, I have determined that the Applicant has not identified extenuating circumstances for submitting the RPA after the established deadline. Therefore, the second appeal is denied.
Please inform the Applicant of my determination. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206, Appeals
Elizabeth Zimmerman Assistant Administrator Disaster Assistance Directorate