Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1603-DR
ApplicantNew Orleans Chapter National Railway Historic Society
Appeal TypeSecond
PA ID#xxx-xxxxx
PW ID#xx
Date Signed2009-01-05T05:00:00

Citation:

FEMA-1603-DR-LA, New Orleans-
 

Summary:

The New Orleans Chapter of the National Railway Historical Society (NONRHS) was affected by Hurricane Katrina. The State of Louisiana Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) submitted the RPA 337 days after the March 1, 2006, extended deadline. In the first appeal, the State of Louisiana stated that FEMA informed the NONRHS to contact the Human Services 800-line and submit an application to the Small Business Administration (SBA). In a letter dated December 10, 2007, the Regional Administrator denied the first appeal because NONRHS did not demonstrate extenuating circumstances for the delayed application. NONRHS submitted its second appeal on March 4, 2008, stating that NONRHS contacted the FEMA 800-line operator and the Disaster Assistance Center representative in March 2006 and was informed to first apply to SBA and wait for an SBA determination before applying for a FEMA Public Assistance Grant. SBA’s denial letter indicated that the application was being referred to FEMA for long-term disaster recovery needs. NONRHS made multiple attempts to locate its “referred application” and was eventually referred to the State of Louisiana GOHSEP. Because NONRHS initiated the application process by March 2006, the second is granted.
 

Issues:

Has NONRHS demonstrated that it initiated the application process prior to the regulatory application deadline?
 

Findings:

Yes.
 

Rationale:

44 CFR §§ 206.202(c) and 206.202 (f)(2)

Appeal Letter

January 5, 2009

Colonel Thomas Kirkpatrick (Retired)
State Coordinating Officer
Governor’s Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, LA 70806

Re: Second Appeal–New Orleans Chapter National Railway Historic Society, Request for Public Assistance, FEMA-1603-DR-LA

Dear Colonel Kirkpatrick:

This is in response to your letter dated May 5, 2008, which transmitted the referenced second appeal on behalf of the New Orleans Chapter of the National Railway Historic Society (NONRHS). NONRHS is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny its Request for Public Assistance (RPA), which was submitted after the established application deadline.

FEMA established March 1, 2006, as deadline for potential applicants to submit RPAs. NONRHS submitted its RPA to the State of Louisiana on February 1, 2007, almost a year after the deadline. FEMA did not accept the RPA due to its lack of timeliness. NONRHS appealed that decision on April 23, 2007, stating that it had initiated contact with FEMA in February 2006 and had been referred to the U.S. Small Business Administration (SBA). The Regional Administrator denied the first appeal because NONRHS did not demonstrate extenuating circumstances that would justify an exception to the March 1, 2006, deadline. NONRHS submitted its second appeal on March 4, 2008, claiming that it had contacted FEMA on a timely basis, but did not submit its RPA before the deadline because of inadequate coordination between SBA and FEMA.

FEMA regulations require that non-critical private nonprofit organizations (PNPs) apply for a loan to repair disaster damage to their facilities from SBA before applying to FEMA for assistance. If SBA determines that a PNP does not qualify for a loan or the amount of disaster damage exceeds the amount of the SBA approved loan, the PNP may apply to FEMA for assistance under the Public Assistance program. NONRHS contacted FEMA’s National Processing Center (1-800-621-3362) in February 2006 to request disaster assistance. National Processing Center staff referred NONRHS to SBA, which denied NONRHS’s loan on
July 11, 2006. In its denial letter, SBA stated that it had referred NONRHS to FEMA for long-term recovery assistance. NONRHS contacted the National Processing Center several

times after July 11, 2006, before it was directed to the Public Assistance Program for assistance in January 2007.

Based on a review of all information submitted with the appeal, I have determined that NONRHS presented sufficient justification for submitting its RPA after the established deadline. Accordingly, I am granting this appeal. By copy of this letter, I am requesting the Regional Administrator accept the RPA and take appropriate action to implement this determination.

Please inform the NONRHS of this determination. This determination constitutes the final decision for this matter pursuant to 44 CFR §206.206.

Sincerely,

/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: William E. Peterson
Regional Administrator
FEMA Region VI

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