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Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1675-DR
ApplicantSummers Township
Appeal TypeSecond
PA ID#xxx-xxxxx-xx
PW ID#n/a
Date Signed2007-12-11T05:00:00

Citation:

FEMA-1675-DR-KS, Summers Township

Cross-reference:

Request for Public Assistance (RPA); Time Limitation
 

Summary:

Summers Township (Township) is located in Thomas County, Kansas, and was impacted by a severe winter storm from December 28-31, 2006. The President declared a major disaster for Kansas on January 7, 2007. The Township submitted its RPA to the State on February 16, 2007, 40 days after the President’s declaration. On February 21, 2007, the Regional Director of the Response and Recovery Division denied the Township’s RPA because it was not submitted within the regulatory timeframe and there was no indication of extenuating circumstances. In a letter dated June 1, 2007, the Regional Administrator agreed with this determination in response to the first appeal.

The Township submitted its second appeal on July 22, 2007, requesting that FEMA review and accepts the detailed justifications it has provided.
 

Issues:

Has the Township provide information to support its request to accept its RPA after the regulatory application deadline?

Findings:

No. The Township has not identified any extenuating circumstances for submitting the RPA after the established deadline.

Appeal Letter

December 11, 2007

Ms. Angee Morgan
Alternate Governor Authorized Representative
Kansas Division of Emergency Management
2800 SW Topeka Boulevard
Topeka, Kansas 66611-1287

Re: Second Appeal – Summers Township; Request for Public Assistance; FEMA-1675-DR-KS

Dear Ms. Morgan:

This is in response to your letter dated September 6, 2007, transmitting the referenced second appeal on behalf of Summers Township (Township). The Township is located in Thomas County, Kansas, and was impacted by a severe winter storm from December 28-31, 2006. The Township is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision not to accept its Request for Public Assistance (RPA) that was submitted after the regulatory application deadline.

The President declared a major disaster for Kansas on January 7, 2007. The regulatory deadline for submitting RPAs was February 6, 2007. The State conducted an Applicants’ Briefing for Thomas County on January 24, 2007. The Township submitted its RPA to the State on February 16, 2007, 40 days after the President’s declaration. On February 21, 2007, the Regional Director of the Response and Recovery Division denied the Township’s RPA because it was not submitted within the regulatory timeframe and there was no indication of extenuating circumstances beyond the State’s or the Township’s control as required under 44 CFR §206.202(c) and 44 CFR §206.202(f)(2). The Regional Administrator agreed with this determination in response to the first appeal on June 1, 2007.

On July 22, 2007, the Township submitted a second appeal. The Township reiterated that it did not agree with the stated RPA application deadline of February 6, 2007, referenced in FEMA’s letter dated June 1, 2007. The State and the Township have requested that FEMA review and accept the detailed justifications the Township provided for submitting the late RPA.

Based on my review of the information provided, I have determined that the Township has not identified any extenuating circumstances for submitting the RPA after the established deadline. Therefore, the second appeal is denied.

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

Sincerely,

/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Richard Hainje
Regional Administrator
FEMA Region VII