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Request for Public Assistance
Appeal Brief
Disaster | FEMA-1675-DR |
Applicant | Summers Township |
Appeal Type | Second |
PA ID# | xxx-xxxxx-xx |
PW ID# | n/a |
Date Signed | 2007-12-11T05:00:00 |
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 Presidents declaration. On February 21, 2007, the Regional Director of the Response and Recovery Division denied the Townships 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 Securitys Federal Emergency Management Agencys (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 Presidents declaration. On February 21, 2007, the Regional Director of the Response and Recovery Division denied the Townships RPA because it was not submitted within the regulatory timeframe and there was no indication of extenuating circumstances beyond the States or the Townships 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 FEMAs 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