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Route 3009
Appeal Brief
Appeal Letter
PURPOSE: To obtain signature on the letter to the Governor's Authorized Representative of Pennsylvania denying the third appeal from the Pennsylvania Department of Transportation (PennDOT) for additional funding on DSR 62226.
DISCUSSION: In the aftermath of the January 1996 winter storms and floods, FEMA wrote DSR 62226 on May 22, 1996, for $59,858 to repair damages sustained by State Route 3009. PennDOT appealed the determination on August 23, 1996, requesting additional funds. The region requested additional information to process the appeal and determined that some of the work that was authorized was not done and that some of the new work requested was eligible. The region computed that $15,777 of the costs was not eligible and wrote DSR 72944 to deobligate the amount. PennDOT submitted a July 30, 1997, second appeal with supporting documentation. A detailed examination of the data resulted in the award being increased to $95,835. DSR 40453 was prepared for $51,784 to make the adjustment. FEMA communicated this partial approval of the second appeal on April 30, 1998. On September 8, 1998, more than 120 days later, PennDOT submitted a third appeal requesting an increase of $13,764 on the DSR.
RECOMMENDED ACTION: Sign the letter denying the applicant's request for consideration.
Appeal Brief
| Disaster | FEMA-1093-DR |
| Applicant | Pennsylvania Department of Transportation |
| Appeal Type | Third |
| PA ID# | 000-00000 |
| PW ID# | 62226 |
| Date Signed | 1999-03-26T05:00:00 |
DISCUSSION: In the aftermath of the January 1996 winter storms and floods, FEMA wrote DSR 62226 on May 22, 1996, for $59,858 to repair damages sustained by State Route 3009. PennDOT appealed the determination on August 23, 1996, requesting additional funds. The region requested additional information to process the appeal and determined that some of the work that was authorized was not done and that some of the new work requested was eligible. The region computed that $15,777 of the costs was not eligible and wrote DSR 72944 to deobligate the amount. PennDOT submitted a July 30, 1997, second appeal with supporting documentation. A detailed examination of the data resulted in the award being increased to $95,835. DSR 40453 was prepared for $51,784 to make the adjustment. FEMA communicated this partial approval of the second appeal on April 30, 1998. On September 8, 1998, more than 120 days later, PennDOT submitted a third appeal requesting an increase of $13,764 on the DSR.
RECOMMENDED ACTION: Sign the letter denying the applicant's request for consideration.
Appeal Letter
March 26, 1999
Mr. Charles F. Wynne
Governor's Authorized Representative
Pennsylvania Emergency Management Agency
Post Office Box 3321
Harrisburg, Pennsylvania 17105
Dear Mr. Wynne:
This is in response to your October 15, 1998, letter forwarding the Pennsylvania Department of Transportation's (PennDOT's) September 8, 1998, third appeal of the Federal Emergency Management Agency's (FEMA's) determination of Damage Survey Report (DSR) 62226 and its supplements. PennDOT's Route 3009 sustained damage from the January 1996 floods (FEMA-1093-DR-PA) and FEMA wrote DSR 62226 for $59,858 to repair the damage. This award was increased to $95,835 in response to the second appeal. PennDOT is requesting additional funding of $13,764 on the project.
The applicant submitted this third appeal more than 120 days after FEMA's Executive Associate Director replied to the second appeal. The Regional Director advised you over a year ago that FEMA planned to strictly enforce the regulatory time deadlines governing the submission of appeals. Enforcement of the time requirement was designed to close disasters within two years and to reduce the number of open disasters impacting the manpower requirements of the Agency. Because of the lateness of the submission, I am denying consideration of this appeal.
Please inform PennDOT of my determination. This is the final determination in this matter pursuant to 44 CFR 206.206.
Sincerely,
/S/
James L. Witt
Director
cc: Rita A. Calvan
Regional Director
FEMA Region III
Mr. Charles F. Wynne
Governor's Authorized Representative
Pennsylvania Emergency Management Agency
Post Office Box 3321
Harrisburg, Pennsylvania 17105
Dear Mr. Wynne:
This is in response to your October 15, 1998, letter forwarding the Pennsylvania Department of Transportation's (PennDOT's) September 8, 1998, third appeal of the Federal Emergency Management Agency's (FEMA's) determination of Damage Survey Report (DSR) 62226 and its supplements. PennDOT's Route 3009 sustained damage from the January 1996 floods (FEMA-1093-DR-PA) and FEMA wrote DSR 62226 for $59,858 to repair the damage. This award was increased to $95,835 in response to the second appeal. PennDOT is requesting additional funding of $13,764 on the project.
The applicant submitted this third appeal more than 120 days after FEMA's Executive Associate Director replied to the second appeal. The Regional Director advised you over a year ago that FEMA planned to strictly enforce the regulatory time deadlines governing the submission of appeals. Enforcement of the time requirement was designed to close disasters within two years and to reduce the number of open disasters impacting the manpower requirements of the Agency. Because of the lateness of the submission, I am denying consideration of this appeal.
Please inform PennDOT of my determination. This is the final determination in this matter pursuant to 44 CFR 206.206.
Sincerely,
/S/
James L. Witt
Director
cc: Rita A. Calvan
Regional Director
FEMA Region III