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Second Appeal Brief
PA ID# 045-030A8-00; Hancock County Water & Sewer District
PW ID# 4605; Request for Time Extension
Conclusion: After being granted multiple time extensions to complete alternate projects using funding from a Project Worksheet, the Applicant successfully completed the projects as contemplated in their scopes of work; therefore, the Applicant’s subsequent time extension request, which came more than seven months after the final approved project completion date, was properly denied by the Regional Administrator.
FEMA prepared Project Worksheet (PW) 4605 to document the estimated costs of repairing a Hancock County Water & Sewer District (Applicant) well and associated equipment damaged by Hurricane Katrina in 2005. Having obtained an alternate potable water source for those affected by the loss of the well, the Applicant decided to apply the funds toward alternate projects and requested and received multiple time extensions in order to complete the projects. Nearly seven months after the last project completion date approved by FEMA, the Applicant submitted another time extension request, stating that a clerical error caused it to delay seeking a further time extension request on time and that it had not been informed until a month before the final project completion date that additional funds were available. The Applicant intended to apply the newly discovered funding toward an expansion of one of the completed alternate projects. The Regional Administrator denied the request, and the Applicant filed a first appeal asserting that its time extension request should be accepted. The FEMA Region IV Regional Administrator denied the appeals, noting that the Applicant had completed its alternate projects and that the request was not submitted on time.
Authorities and Second Appeals
- 44 C.F.R. § 206.204(c)
- 44 C.F.R. § 206.204(d)(2)
- FEMA-1604-DR-MS, Hancock County Board of Supervisors, Time Extension (June 21, 2012)
- FEMA-1008-DR-CA, Los Angeles Brotherhood Crusade, African American Unity Center (Aug. 13, 2009)
- Under 44 C.F.R. § 206.204(c)(2)(ii), a permanent work project must be completed within 18 months of the applicable major disaster or emergency declaration. A Grantee may extend this deadline for 30 months if warranted by extenuating circumstances or unusual project requirements beyond the subgrantee’s control.
- Under 44 C.F.R. § 206.204(d)(2), any time extension requests beyond the Grantee’s authorized extension must be submitted to the Regional Administrator and include a detailed justification for the delay and a projected completion date. If the Regional Administrator approves a request, the approval letter will reflect the approved completion date and any other requirements necessary to ensure that the new completion date is met. If the Regional Administrator denies the time extension request, reimbursement for eligible project costs is available for costs incurred only up to the latest approved completion date.