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Citation: FEMA-1606-DR-TX; Sabine Pass Port Authority (Applicant), Request for Public Assistance

Cross-reference: Request for Public Assistance (RPA); Time Limitations
Summary: Sabine Pass Port Authority (Applicant) is located in Jefferson County, Texas, and was impacted by severe winds and flooding associated with Hurricane Rita from September 23, 2005, through October 14, 2005. Jefferson County was included as a part of a major disaster declared 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. FEMA did 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 in the Sabine Pass area following the disaster. The Regional Administrator denied the first appeal because the Applicant did not provide any extenuating circumstances for submitting the RPA after the established deadline. In its second appeal, submitted June 24, 2008, the Applicant reiterates the claims stated in its first appeal.

Issues: Did the Applicant provide information to support its request to accept its RPA after the regulatory application deadline?
Findings: No.
Rationale: 44 CFR §206.202(c), Request for Public Assistance and
44 CFR §206.202(f) (2), Time limitations