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Second Appeal Summary
PA ID# 000-U03E9-00; Florida Department of Transportation
DSR ID# Project Worksheet 6281; Damage Assessments
Citation:FEMA-1561-DR-FL, Florida Department of Transportation, Damage Assessments, Project Worksheet (PW) 6281Cross-reference:
Other Federal Agency; Emergency Protective MeasuresSummary:
Following Hurricane Jeanne, the Florida Department of Transportation (Applicant) conducted safety reviews of light poles and traffic signal structures on roads in the District Four counties of Broward, Palm Beach, Martin, St. Lucie and Indian River.
FEMA prepared PW 6281 for work totaling $741,585 and obligated it for zero dollars. FEMA determined that the safety reviews were not eligible because the work falls under the responsibility of the Federal Highway Administration (FHWA), that safety reviews are not considered emergency work, and that the safety reviews were in fact damage assessments and not eligible for FEMA reimbursement.
The Applicant filed a first appeal on June 13, 2006, stating the reviews were emergency work and not reimbursable by FHWA. On November 16, 2007, the Regional Administrator denied the first appeal because the Applicant did not establish that the work in question met the definition of emergency work as defined under 44 CFR
§206.201(b), . . . work which must be done immediately to save lives and to protect improved property and public health and safety, or to avert or lessen the threat of a major disaster.
The Applicant filed a second appeal on January 31, 2008, reiterating that the reviews were emergency work not reimbursable by FHWA and arguing that in certain circumstances FEMA was authorized to fund emergency work on roads that were under the authority of another Federal agency.Issues:
1. Did the safety reviews lessen or eliminate an immediate threat, such that they constituted emergency work?
Are the roads part of a Federal-aid road system?Findings:
§206.201(b), Definitions used in this subpart
; 44 CFR
§206.225; Emergency work
; 44 CFR
§206.226(a), Restoration of damaged facilities
; Public Assistance Guide, FEMA 322, Surveys for Damage
, pages 55-56