FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated November 14, 2014, which transmitted the referenced second appeal on behalf of Jefferson County (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) reduction, by insurance deductibles, of Public Assistance funding for multiple PWs. As explained in the enclosed analysis, I have determined that, for all open Project Worksheets and appealable determinations as of February 8, 2013, the Applicant’s Public Assistance funding should not be reduced by insurance deductibles, in accordance with the Memorandum Rescinding DAP 9580.3, Insurance Considerations for Applicants (Feb. 8, 2013). This decision does not alter FEMA’s regulatory responsibility to reduce eligible costs in accordance with 44 C.F.R. §§ 206.252 and 206.253. I have also determined that the State Insurance Commissioner’s certification applies only to the obtain and maintain insurance requirements that are attributable to Hurricane Ike. Accordingly, I am granting the appeal with regard to the eligibility of deductibles. However, FEMA must apply the regulatory requirements cited above. FEMA will review the applicable projects accordingly and apply any necessary adjustments in funding. By copy of this letter, I am requesting the Regional Administrator to take appropriate action to implement this decision. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.