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Second Appeal Summary
PA ID# 000-92030; Highways and Transportation Authority
DSR ID# 11485, 11486, 12360, 14684, 14693, 14633; Highways and Transportation Authority
Citation: FEMA-1247-DR-PR, P.A. ID 000-92030, Highways and Transportation Authority, PWs 11485, 11486, 12360, 14684, 14693, 14633 and 14460.
Cross-reference: Project Documentation, Timeframe for submission of appeals.
Summary: Hurricane Georges struck the Commonwealth of Puerto Rico on September 21, 1998. The Highways and Transportation Authority (Authority) applied for federal assistance for damages its roads and infrastructure sustained from the disaster. FEMA wrote a total of 219 Project Worksheets (PWs) for the Authority. FEMA approved 212 PWs at a cost of $12,311,153, while seven were declared ineligible. Of these seven ineligible PWs, two were written for less than $1,000; one was ineligible because it described damages to private property; two did not include supporting documentation; one described a road that could not be located, and one described work that was done from October 1998 to March 1999, and that had to have gone beyond category A work. The applicant was given adequate time to resolve the discrepancies on these PWs but failed to do so and the projects were declared ineligible. The applicant submitted its Project Completion P-4 report on July 12, 2000, and requested a reconsideration of the seven PWs. The request was treated as a first appeal and denied on August 24, 2000, because it was submitted more than 60 days after receipt of the Governor's Authorized Representative (GAR) letter of February 5, 2000, informing it of the determinations of the PWs. A second appeal dated October 4, 2000, was received by the GAR on January 3, 2001, more than 120 days after the first appeal determination. This appeal is being denied because it was received late.
Issues: Should the second appeal that was received more than 120 days after the first appeal determination be considered?
Findings: No. The applicant submitted appeals after the regulatory 60-day deadline.
Rationale: 44 CFR