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Second Appeal Brief
PA ID# XXX-XXXXX; Clewiston Drainage District
PW ID# N/A; Deadline Extension
Citation: FEMA-1545 & 1561-DRs-FL, Clewiston Drainage District
Cross-reference: Request for extension of Request for Public Assistance (RPA) Submission Deadline
Summary: Disaster declarations were issued for Hurricanes Frances and Jeanne on September 4 & 26, 2004, respectively. Clewiston Drainage District (CDD), located in Hendry County, Florida, did not submit a RPA within the established deadline.
In its first appeal dated April 11, 2005, CDD asserted that it was given erroneous information regarding a deadline extension from a FEMA employee. CDD requested reconsideration of its application submission due to this discrepancy. FEMA denied the request on January 18, 2006, stating that CDDs RPA was received after the submission deadline and no extension had been granted.
On February 23, 2006, CDD submitted a second appeal. No new information was submitted with the second appeal.
Summary:(1) Did FEMA approve an extension to the RPA deadline?
(2) Has CDD demonstrated extenuating circumstances justifying the submittal of its RPA after the application period ended?
Findings: (1) No. FEMA did not approve an extension to the RPA deadline.
(2) No. The circumstances identified by CDD do not justify an exception to the regulatory time limit for application and identification of damages. The applicants representative inquired about an extension two weeks after the deadline had passed.
Rationale: 44 CFR § 206.202 (c) and 206.202 (f)(2)