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PNP Facility Eligibility

Appeal Brief

DisasterFEMA-1603-DR
ApplicantRadio for the Blind
Appeal Type2nd
PA ID#000-uslt4-00
PW ID#XXXX
Date Signed
Citation: FEMA-1603-DR-LA, Radio for the Blind and Print Handicapped, Inc. Cross-reference: PNP Facility Eligibility Summary: As a result of Hurricane Katrina, RFTB’s (Applicant) transmitter site in Chalmette was damaged. After a review of the information provided in the application, FEMA determined that the Applicant does not own or operate a facility eligible for assistance under the Public Assistance (PA) Program. In its first appeal, dated March 15, 2006, RFTB asserted that it had been misidentified as a PNP educational facility instead of as a PNP that provides other essential services of a governmental nature. The applicant’s first appeal was denied by Region VI on June 27, 2006. RFTB was deemed ineligible for public assistance based on the fact that the Applicant does not own or operate an eligible PNP facility as defined under Title 44 Code of Federal Regulations (CFR), Section 206.221(e). On August 25, 2006, Radio for the Blind submitted a second appeal. The information in the second appeal reiterates the Applicant’s and State’s argument from the first appeal. No additional documentation was provided to support the Applicant’s claim of eligibility. Issues: (1) Does Radio for the Blind and Print Handicapped, Inc. own and operate an eligible PNP facility? Findings: (1) No.(2) Rationale: Section 102(9), Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5172, as amended, 44 CFR §206.221(e)(7), the Public Assistance Guide (FEMA 322, pages 10-15), and FEMA Policy 9521.3. Citation: FEMA-1603-DR-LA, Radio for the Blind and Print Handicapped, Inc. Cross-reference: PNP Facility Eligibility Summary: As a result of Hurricane Katrina, RFTB’s (Applicant) transmitter site in Chalmette was damaged. After a review of the information provided in the application, FEMA determined that the Applicant does not own or operate a facility eligible for assistance under the Public Assistance (PA) Program. In its first appeal, dated March 15, 2006, RFTB asserted that it had been misidentified as a PNP educational facility instead of as a PNP that provides other essential services of a governmental nature. The applicant’s first appeal was denied by Region VI on June 27, 2006. RFTB was deemed ineligible for public assistance based on the fact that the Applicant does not own or operate an eligible PNP facility as defined under Title 44 Code of Federal Regulations (CFR), Section 206.221(e). On August 25, 2006, Radio for the Blind submitted a second appeal. The information in the second appeal reiterates the Applicant’s and State’s argument from the first appeal. No additional documentation was provided to support the Applicant’s claim of eligibility. Issues: (1) Does Radio for the Blind and Print Handicapped, Inc. own and operate an eligible PNP facility? Findings: (1) No.(2) Rationale: Section 102(9), Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5172, as amended, 44 CFR §206.221(e)(7), the Public Assistance Guide (FEMA 322, pages 10-15), and FEMA Policy 9521.3.

Appeal Letter

October 5, 2007 Colonel Jeff Smith Governor’s Authorized Representative Governor’s Office of Homeland Security and Emergency Preparedness 7667 Independence Boulevard Baton Rouge, Louisiana 70806 RE: Second Appeal - Radio for the Blind, PA ID #000-USLT4-00, PNP Facility Eligibility, FEMA-1603-DR-LA, Request for Public Assistance Dear Col. Smith: This is in response to the letter dated February 27, 2007, transmitting the referenced second appeal on behalf of the Radio for the Blind and Print Handicapped, Inc. (Applicant). The Applicant is requesting that the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) reconsider the denial of its Request for Public Assistance (RPA). In its first appeal, dated June 26, 2006, the Applicant contested the denial of the RPA, asserting that it had been misidentified as an educational facility instead of one that provides other essential services of a governmental nature. The State supported the Applicant’s appeal; however, the State stated that the Applicant should have been determined to be a custodial care facility and supported the eligibility on that basis. FEMA Region VI denied the first appeal. The basis for the denial was that the Applicant’s facility does not meet the requirements of a custodial care or other facility providing essential services of a governmental nature as defined in 44 CFR §206.221(e) (6) and (7) and further defined in the Public Assistance Guide (FEMA 322). On August 25, 2006, the Applicant submitted a second appeal. In its second appeal, the Applicant has essentially reiterated its first appeal arguments without including any significant additional information. We have reviewed all the information submitted with the second appeal and determined that the Applicant does not own or operate an eligible PNP facility. Therefore, I am denying this appeal. Please inform Radio for the Blind and Print Handicapped, Inc. of my decision. My determination constitutes the final decision in this matter as set forth in 44 CFR §206.206. Sincerely, /s/ Carlos J. CastilloAssistant Administrator Disaster Assistance Directorate cc: John Connolly Public Assistance

Appeal Analysis

Last updated Feb 4, 2020

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