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Second Appeal Brief
PA ID# 111-24300-00; City of Fort Pierce
PW ID# 707; Traffic Signal Repair
Citation: FEMA-1785-DR-FL, City of Fort Pierce, Traffic signals repair, Project Worksheet (PW) 707
Reference: Other Federal Agency; Federal Highway Administration (FHWA)
Summary: As a result of heavy rainfall and winds from Tropical Storm Fay in August 2008, the City of Fort Pierce (Applicant) requested Public Assistance funding to repair thirteen severely damaged traffic signals on Federal aid routes. FEMA prepared PW 707 for $4,052 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 FHWA. The Applicant’s request for funding by FHWA Emergency Relief (ER) Program was denied, due to not meeting its $5,000 damage threshold. In its first appeal, the Applicant stated that the de-obligated costs were categorized inaccurately as permanent work, and should be considered eligible emergency protective measures. FEMA denied the first appeal on May 12, 2010, stating that the work was ineligible because it was under the authority of another federal agency per 44 CFR §206.226(a)(1), Restoration of damaged facilities, Assistance under Other Federal Agency (OFA) programs. In the second appeal, the Applicant stated similar arguments and did not provide additional documentation to establish eligibility for funding under the Public Assistance Program.
Issue: Under FEMA’s Public Assistance Grant Program, does FEMA fund the restoration of a facility that is under the authority of another Federal agency?
Rationale: 44 CFR §206.226 (a)(1).