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Second Appeal Summary
PA ID# 041-23168; Town of Fairfax
DSR ID# N/A; NSPO
Citation: FEMA-1046-DR-CA, P.A. 041-23168, Town of Fairfax, Net Small Projects Overrun
Cross-reference: Cost Overrun, Small Project, Time Extension
Summary: As a result of winter storms in 1995, the Town of Fairfax (Town) initiated 11 small projects. The small projects were obligated for a total of $122,320, though the final cost was $155,675. (The Project Completion and Certification Report signed July 27, 1998, incorrectly calculated this figure as $154,004.) The net small project overrun was $33,355. The final small project was completed by December 1, 1995. According to 44 CFR 206.204(e), the Town had 60 days from the date of the final small project completion to appeal for reimbursement of its net small project cost overrun. FEMA extended this deadline to August 31, 1997. The Town's application was closed out on August 31, 1998, without an adjustment to the small project funding because a net small project overrun request was not received before the deadline. The Town submitted its first appeal directly to FEMA on September 10, 1998. FEMA received the appeal from the Governor's Office of Emergency Services (OES) on November 16, 1998. The Town claimed that it had complied with 44 CFR 206.204(e) by submitting an overrun request dated June 4, 1997. This document was not received by OES and not forwarded to FEMA. A copy of the cover letter was provided with the appeal. FEMA denied the appeal on December 17, 1998, based on the fact that FEMA did not receive the net small project overrun request prior to the deadline. The Town submitted its second appeal on January 8, 1998. It listed a chronology of events related to its request and claimed that FEMA did not receive the net small project overrun request prior to the August 31, 1997, deadline because of "a breakdown in the system." The Town provided no new information to support its appeal.
Issues: 1) Is the Town's appeal for a net small project overrun eligible according to 44 CFR 206.204(e)?
Findings: 1) No.
Rationale: 44 CFR 206.204(e)