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Repair Railroad Bridge over White Deer Creek
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1093-DR-PA; Central Pennsylvania Chapter, National Railway Historical Society; DSR 47491
Cross Reference: Private non-profit facility, inactive facility
Summary: As a result of flooding in January of 1996, the railroad bridge over White Deer Creek and State Route 1010 was damaged. The center concrete pier of the bridge was destroyed, which led to the failure of other bridge components making the bridge unusable. This bridge is part of museum property owned by the Central Pennsylvania Chapter, National Railway Historical Society (subgrantee), which is a private non-profit (PNP) applicant. Damage Survey Report (DSR) 47491 was prepared to replace the pier and repair the bridge for an estimated contract cost of $150,900. The DSR was deemed ineligible because the bridge was not essential for the daily operation of the museum. A FEMA reinspection of the bridge determined that there was no indication of active use or maintenance of the bridge, railcars, or tracks. Additionally, the inspection team reviewed a bridge inspection report prepared by the Pennsylvania Department of Transportation, which indicated that the bridge was in poor condition prior to the disaster. Thus, it was concluded that not all of the bridge damage was caused by the disaster. Accordingly, DSR 47491 remained ineligible. In the first appeal letter, dated July 17, 1996, the subgrantee stated that current and future museum operations and future commercial development would be hindered if the bridge was not repaired. The Regional Director denied the appeal, with an October 8, 1997, letter following the reinspection of the facility and correspondence with the State and subgrantee. The basis for the decision was that the bridge was not essential to the operation of the museum and it was inactive at the time of the disaster. The subgrantee submitted a second appeal of this determination, with information to support its position.
Issues: Is the bridge repair eligible for disaster assistance funding?
Findings: No, at the time of the disaster the bridge was not used to provide a function essential to the operation and public use of the museum. Furthermore, train rides across the bridge were not available to the general public.
Rationale: The facility (bridge) was not open to the general public, as required by 44 CFR 206.221f for PNP facilities. Additionally, the facility was not in active at the time of the disaster and is therefore not eligible according to 44 CFR 206.226
As a result of flooding in January 1996 (FEMA-1093-DR-PA), the railroad bridge crossing over White Deer Creek and State Route 1010 was damaged. This bridge is part of the museum property owned and operated by the Central Pennsylvania Chapter, National Railway Historical Society (Society). Specifically, the damage consisted of the center concrete pier failure, which contributed to other flood-related damages to the bridge. Damage Survey Report (DSR) 47491 was prepared to fund the restoration of the pier and bridge by contract for an amount of $150,900. The DSR was determined to be ineligible because the bridge was not an essential facility for the daily operation of the museum. Thus, the bridge was not eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and Title 44 Code of Federal Regulations (44 CFR) for Federal Emergency Management Agency (FEMA) disaster assistance.
A FEMA team conducted a reinspection of the damaged bridge to review the current conditions of the site and to determine how the loss of the bridge affects the museum and surrounding area. The reinspection discovered the following items:
First Appeal
With a letter dated July 17, 1997, the Society presented its first appeal of DSR 47491. The letter requested that Pennsylvania Emergency Management Agency (PEMA) forward the first appeal to FEMA for consideration. In support of their position, the Society explained that they operate a museum and that current and future museum operations are dependent upon the restoration of the bridge. Additionally, the Society stated that if the bridge is not usable, the proposed Union County Business Park, a regional industrial development complex, would be seriously impeded.
The Regional Director responded with an October 8, 1996, letter denying the appeal. This decision was made following the reinspection of the site and a conference call with FEMA, Society, and local representatives. Although the Society is an eligible private non-profit applicant, the bridge is not deemed an eligible private non-profit facility. This decision was based on the role of the bridge not being essential to the function of the museum services. Additionally, the Regional Director noted that the bridge was not in active use at the time of disaster, and was also not eligible for funding for that reason. Consequently, the first appeal was denied.
Second Appeal
With a December 3, 1997, letter to FEMA, PEMA forwarded the second appeal of the eligibility determination for DSR 47491. Following a review of the incoming information, FEMA, in a February 13, 1998, letter requested additional documentation to justify the claims made by the Society. In response to this request, PEMA sent a March 23, 1998, letter to FEMA forwarding supporting documentation and a March 17, 1998, letter from the Society. The information was submitted to demonstrate that the bridge in question is an eligible facility and DSR 47491 should be funded in the amount of $150,900. The submitted information includes the following items:
A review of DSR 47491 and the documentation submitted by the Society was conducted for the second appeal. There are several issues involved in this appeal as addressed below.
Applicant Eligibility
The Society meets the requirement of a private non-profit applicant, as it operates a museum that is open to the general public in accordance with 44 CFR Section 206.222(b).
However, another eligibility requirement is that the applicant must have the legal responsibility to perform the restorative work. The Society signed February 25, 1992, track lease agreement with the USPCI of Pennsylvania (USPCI). This agreement states that the track, bridge, and other railroad facilities are leased to USPCI for the operation and maintenance functions. However, this lease does not assign specific responsibility for repairs associated with damage caused by floods or other similar events. Additionally, Article IX of the lease states at least two circumstances that would cause the lease to commence. From the documentation provided it is unclear if the lease has begun. If the lease has commenced, the Society is not responsible for the repairs, and should coordinate with the USPCI to determine how the bridge will be repaired.
Facility Eligibility
For the bridge to be considered an eligible facility, it must have been in active use prior to the disaster and serve an essential function of the museum's operations. At the time of the disaster, visitors at the museum did not experience train rides, in particular, train rides that required the use of the bridge. The only train rides provided by the Society prior to the disaster were for volunteers of the museum, not for the general public. Accordingly, the train did not serve an eligible private non-profit function, and was not in active use for the museum prior to the disaster. Additionally, the Society attempted to demonstrate that there was a projected use for the tracks just prior to the flood. The Society presented this position by explaining that the purchase of a section of track by a local group just prior to the disaster initiated the development of a plan to offer passenger excursions. As over two years have past since the tracks were purchased and the bridge was damaged by the disaster, it is apparent that the purpose fulfilled by the bridge is not essential to the operation of the museum. This is evident by the lack of funding and work expended by the Society to repair or restore the bridge since the January 1996 flood so it would operate with the other museum facilities. For these reasons, the bridge is deemed an inactive facility and not eligible for disaster assistance.
Future Development
As the museum and adjacent areas existed at the time of the disaster, the only purpose of the bridge was to move rolling stock into the museum area and for recreational rides for the museum volunteers. It appears that one of the primary motivations for repairing the damaged railroad bridge is for the Union County Industrial Development that was projected to be operational by mid-1998. Although, FEMA recognizes the need for economic development, the bridge is a facility that is not eligible for disaster assistance under FEMA's Public Assistance program.
CONCLUSION
A review of the documentation supplied by the Society concerning the maintenance and aisaster. Therefore, the bridge is not an eligible private non-profit facility. Accordingly, the repairs of the damaged bridge are not eligible for FEMA disaster assistance. Consequently, the appeal has been denied.
Appeal Brief
| Disaster | FEMA-1093-DR |
| Applicant | Central Pennsylvania Chapter, National Railway Historical Society |
| Appeal Type | Second |
| PA ID# | 000-91027 |
| PW ID# | 47491 |
| Date Signed | 1998-07-22T04:00:00 |
Cross Reference: Private non-profit facility, inactive facility
Summary: As a result of flooding in January of 1996, the railroad bridge over White Deer Creek and State Route 1010 was damaged. The center concrete pier of the bridge was destroyed, which led to the failure of other bridge components making the bridge unusable. This bridge is part of museum property owned by the Central Pennsylvania Chapter, National Railway Historical Society (subgrantee), which is a private non-profit (PNP) applicant. Damage Survey Report (DSR) 47491 was prepared to replace the pier and repair the bridge for an estimated contract cost of $150,900. The DSR was deemed ineligible because the bridge was not essential for the daily operation of the museum. A FEMA reinspection of the bridge determined that there was no indication of active use or maintenance of the bridge, railcars, or tracks. Additionally, the inspection team reviewed a bridge inspection report prepared by the Pennsylvania Department of Transportation, which indicated that the bridge was in poor condition prior to the disaster. Thus, it was concluded that not all of the bridge damage was caused by the disaster. Accordingly, DSR 47491 remained ineligible. In the first appeal letter, dated July 17, 1996, the subgrantee stated that current and future museum operations and future commercial development would be hindered if the bridge was not repaired. The Regional Director denied the appeal, with an October 8, 1997, letter following the reinspection of the facility and correspondence with the State and subgrantee. The basis for the decision was that the bridge was not essential to the operation of the museum and it was inactive at the time of the disaster. The subgrantee submitted a second appeal of this determination, with information to support its position.
Issues: Is the bridge repair eligible for disaster assistance funding?
Findings: No, at the time of the disaster the bridge was not used to provide a function essential to the operation and public use of the museum. Furthermore, train rides across the bridge were not available to the general public.
Rationale: The facility (bridge) was not open to the general public, as required by 44 CFR 206.221f for PNP facilities. Additionally, the facility was not in active at the time of the disaster and is therefore not eligible according to 44 CFR 206.226
Appeal Letter
July 22, 1998
Mr. Charles F. Wynne
Governor's Authorized Representative
Director, Pennsylvania Emergency
Management Agency
Post Office Box 3321
Harrisburg, Pennsylvania 17105
Dear Mr. Wynne:
This is in response to your March 23, 1998, follow-up letter to the Federal Emergency Management Agency (FEMA) for the second appeal submitted in December 1997 on behalf of the Central Pennsylvania Chapter, National Railway Historical Society (Society), which is appealing the ineligible determination for Damage Survey Report (DSR) 47491 under FEMA-1093-DR-PA. DSR 47491 was prepared for the repair of the railroad bridge over White Deer Creek in the amount of $150,900. In support of their position, the Society submitted information to document the pre-disaster condition, maintenance, and use of the bridge.
Based on a review of the incoming documentation, DSR 47491, and the reinspection information, I have determined that the repair of the bridge is not eligible for FEMA disaster assistance. Therefore, this appeal is denied. For a detailed explanation of this determination, refer to the enclosed appeal analysis.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Rita A. Calvan
Regional Director
FEMA Region III
Mr. Charles F. Wynne
Governor's Authorized Representative
Director, Pennsylvania Emergency
Management Agency
Post Office Box 3321
Harrisburg, Pennsylvania 17105
Dear Mr. Wynne:
This is in response to your March 23, 1998, follow-up letter to the Federal Emergency Management Agency (FEMA) for the second appeal submitted in December 1997 on behalf of the Central Pennsylvania Chapter, National Railway Historical Society (Society), which is appealing the ineligible determination for Damage Survey Report (DSR) 47491 under FEMA-1093-DR-PA. DSR 47491 was prepared for the repair of the railroad bridge over White Deer Creek in the amount of $150,900. In support of their position, the Society submitted information to document the pre-disaster condition, maintenance, and use of the bridge.
Based on a review of the incoming documentation, DSR 47491, and the reinspection information, I have determined that the repair of the bridge is not eligible for FEMA disaster assistance. Therefore, this appeal is denied. For a detailed explanation of this determination, refer to the enclosed appeal analysis.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Rita A. Calvan
Regional Director
FEMA Region III
Appeal Analysis
BACKGROUNDAs a result of flooding in January 1996 (FEMA-1093-DR-PA), the railroad bridge crossing over White Deer Creek and State Route 1010 was damaged. This bridge is part of the museum property owned and operated by the Central Pennsylvania Chapter, National Railway Historical Society (Society). Specifically, the damage consisted of the center concrete pier failure, which contributed to other flood-related damages to the bridge. Damage Survey Report (DSR) 47491 was prepared to fund the restoration of the pier and bridge by contract for an amount of $150,900. The DSR was determined to be ineligible because the bridge was not an essential facility for the daily operation of the museum. Thus, the bridge was not eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and Title 44 Code of Federal Regulations (44 CFR) for Federal Emergency Management Agency (FEMA) disaster assistance.
A FEMA team conducted a reinspection of the damaged bridge to review the current conditions of the site and to determine how the loss of the bridge affects the museum and surrounding area. The reinspection discovered the following items:
- There was no indication of active use of the museum or that the entire facility functioned as a museum.
- The railcars exhibited no signs of use for public display or travel, as they were not maintained and contained debris and items for storage.
- The railroad tracks showed no signs of maintenance (loose rail plates and deteriorated ties) and did not connect to operating tracks that would permit travel to and from the museum property.
First Appeal
With a letter dated July 17, 1997, the Society presented its first appeal of DSR 47491. The letter requested that Pennsylvania Emergency Management Agency (PEMA) forward the first appeal to FEMA for consideration. In support of their position, the Society explained that they operate a museum and that current and future museum operations are dependent upon the restoration of the bridge. Additionally, the Society stated that if the bridge is not usable, the proposed Union County Business Park, a regional industrial development complex, would be seriously impeded.
The Regional Director responded with an October 8, 1996, letter denying the appeal. This decision was made following the reinspection of the site and a conference call with FEMA, Society, and local representatives. Although the Society is an eligible private non-profit applicant, the bridge is not deemed an eligible private non-profit facility. This decision was based on the role of the bridge not being essential to the function of the museum services. Additionally, the Regional Director noted that the bridge was not in active use at the time of disaster, and was also not eligible for funding for that reason. Consequently, the first appeal was denied.
Second Appeal
With a December 3, 1997, letter to FEMA, PEMA forwarded the second appeal of the eligibility determination for DSR 47491. Following a review of the incoming information, FEMA, in a February 13, 1998, letter requested additional documentation to justify the claims made by the Society. In response to this request, PEMA sent a March 23, 1998, letter to FEMA forwarding supporting documentation and a March 17, 1998, letter from the Society. The information was submitted to demonstrate that the bridge in question is an eligible facility and DSR 47491 should be funded in the amount of $150,900. The submitted information includes the following items:
- Copies of bridge inspection reports prepared by the Pennsylvania Department of Transportation to document the condition of the bridge prior to the disaster;
- bridge maintenance documentation; and
- discussion of how the bridge functioned as part of the museum and pre-disaster transportation uses.
A review of DSR 47491 and the documentation submitted by the Society was conducted for the second appeal. There are several issues involved in this appeal as addressed below.
Applicant Eligibility
The Society meets the requirement of a private non-profit applicant, as it operates a museum that is open to the general public in accordance with 44 CFR Section 206.222(b).
However, another eligibility requirement is that the applicant must have the legal responsibility to perform the restorative work. The Society signed February 25, 1992, track lease agreement with the USPCI of Pennsylvania (USPCI). This agreement states that the track, bridge, and other railroad facilities are leased to USPCI for the operation and maintenance functions. However, this lease does not assign specific responsibility for repairs associated with damage caused by floods or other similar events. Additionally, Article IX of the lease states at least two circumstances that would cause the lease to commence. From the documentation provided it is unclear if the lease has begun. If the lease has commenced, the Society is not responsible for the repairs, and should coordinate with the USPCI to determine how the bridge will be repaired.
Facility Eligibility
For the bridge to be considered an eligible facility, it must have been in active use prior to the disaster and serve an essential function of the museum's operations. At the time of the disaster, visitors at the museum did not experience train rides, in particular, train rides that required the use of the bridge. The only train rides provided by the Society prior to the disaster were for volunteers of the museum, not for the general public. Accordingly, the train did not serve an eligible private non-profit function, and was not in active use for the museum prior to the disaster. Additionally, the Society attempted to demonstrate that there was a projected use for the tracks just prior to the flood. The Society presented this position by explaining that the purchase of a section of track by a local group just prior to the disaster initiated the development of a plan to offer passenger excursions. As over two years have past since the tracks were purchased and the bridge was damaged by the disaster, it is apparent that the purpose fulfilled by the bridge is not essential to the operation of the museum. This is evident by the lack of funding and work expended by the Society to repair or restore the bridge since the January 1996 flood so it would operate with the other museum facilities. For these reasons, the bridge is deemed an inactive facility and not eligible for disaster assistance.
Future Development
As the museum and adjacent areas existed at the time of the disaster, the only purpose of the bridge was to move rolling stock into the museum area and for recreational rides for the museum volunteers. It appears that one of the primary motivations for repairing the damaged railroad bridge is for the Union County Industrial Development that was projected to be operational by mid-1998. Although, FEMA recognizes the need for economic development, the bridge is a facility that is not eligible for disaster assistance under FEMA's Public Assistance program.
CONCLUSION
A review of the documentation supplied by the Society concerning the maintenance and aisaster. Therefore, the bridge is not an eligible private non-profit facility. Accordingly, the repairs of the damaged bridge are not eligible for FEMA disaster assistance. Consequently, the appeal has been denied.