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Second Appeal Summary
PA ID# 000-92041; U.S. Virgin Island Housing Authority
DSR ID# 83506; Time Extension
Citation: FEMA-1067-DR-VI; US Virgin Islands Housing Authority (VIHA); DSR #83506
Reference: Project completion deadlines, Request for time extensions
Summary: Hurricane Marilyn struck the U.S. Virgin Islands in September 1995, causing extensive damages. VIHA initially projected repair work at the Michael J. Kirwan Terrance Housing Communities to be completed by December 31, 1995. The deadline was extended twice to September 30, 1998. However, work did not actually begin until November 1998. VIHA completed 100% of the repair work on six of the eight projects on April 25, 2000, and then submitted a request on March 26, 2001, for final time extensions. FEMA denied the request for time extension citing that it is impossible to approve a time extension more than two years after its expiration. FEMA informed VIHA that DSR 83506 would deobligate $78,749 for work at the site. VIHA appealed the time extension and deobligation of $50,595 for DSRs 77134, 77169, 77171, 77172, 77174, and 57526, and elected not to appeal the denial of the time extension and deobligation of $28,154 for DSRs 77163 and 77164. FEMA denied VIHAs first appeal, stating, All funds will remain deobligated since all related projects began on or after November 1998, two months after the expiration of the final approved time extension. No additional documentation was provided with the second appeal. Citing 44 CFR §206.204 (c), VIHA stated that while the request for time extensions was late, there were many legitimate reasons why the project could not proceed.
Issues: Are there extenuating circumstances that would justify a time extension?
Rationale: 44 CFR §206.204 (d)(2).