Summary Paragraph In 2005, Hurricane Rita occurred, causing damage to the Applicant’s facilities. FEMA provided funding, triggering the obtain and maintain provision of the Stafford Act. The Applicant obtained inadequate insurance. Hurricane Ike subsequently occurred. FEMA prepared multiple PWs to provide funding but reduced some funding by insurance deductibles. On November 10, 2009, the Applicant requested the State Insurance Commissioner (SIC) certify its insurance coverage as reasonable to satisfy the obtain and maintain requirement, because insurance that comported with FEMA’s requirements was expensive. The Applicant’s windstorm insurance coverage was certified as reasonable on May 11, 2010. The Applicant then requested waiver of the obtain and maintain requirement. FEMA declined, stating that reasonable windstorm and flood coverage was readily available. The Applicant first appealed on June 13, 2011, stating that FEMA should have waived the obtain and maintain requirement based on the SIC’s certification, according to the Stafford Act. By memorandum dated February 8, 2013, FEMA rescinded Disaster Assistance Policy (DAP) 9580.3. Notably, the memorandum stated that FEMA would no longer reduce eligible funding by insurance deductibles “for all open projects or for determinations that the Applicant has the opportunity to appeal in accordance with 44 C.F.R. § 206.206(c).” FEMA approved the first appeal on September 2, 2014, finding that the SIC’s certification was sufficient to show the Applicant had reasonable insurance. However, since the certification was not in effect before Ike’s declaration date, it only applied to future disasters. The Applicant submitted a second appeal to the Grantee on November 7, 2014, alleging that FEMA‘s reduction of PA assistance by the amount of the deductibles is contrary to the memorandum rescinding DAP9580.3. Authorities and Second Appeals Stafford Act §§ 311 & 406. 44 C.F.R. §§ 252 & 253. DAP 9580.3, Insurance Considerations for Applicants. Memorandum rescinding DAP 9580.3. PA Guide, at 41 & 123. Headnotes Stafford Act § 406 authorizes FEMA to fund repair of damaged facilities. Section 311 requires an applicant for assistance to obtain and maintain reasonably available, adequate, and necessary insurance on that facility. No applicant may receive funding for property for which the applicant has previously received assistance unless all insurance required has been obtained and maintained, or certified as reasonable by the SIC. The SIC’s certification is only applicable to the obtain and maintain requirements that are attributable to Hurricane Ike. DAP 9580.3 states that deductibles up to and including the amount of eligible damage incurred in a previous disaster are ineligible for the same facility in a subsequent disaster. The memorandum rescinding DAP 9580.3 states FEMA will no longer reduce eligible funding by insurance deductibles for all open or appealable projects. For open and appealable PWs as of February 8, 2013, which complied with obtain and maintain requirements, FEMA may not reduce funding by deductibles.