To justify the grant of a TER; applicants must demonstrate extenuating circumstances or unusual project requirements beyond their control. A time extension for delays in furtherance of an unapproved SOW is not warranted; absent an approved change in SOW from FEMA.The Applicant intent to pursue an improved project or new mitigation measures; based on a new unapproved SOW; does not justify a time extension. Additionally; administrative processing errors; changes in administration; and issues related to a prior SOW change request denial that the Applicant never appealed are not extenuating circumstances beyond the Applicant control.The Applicant TER is for a scope of work that FEMA has not approved. Furthermore; the Applicant has not demonstrated extenuating circumstances or unusual project requirements out of its control that justify granting a TER. Therefore; the appeal is denied
HeadnotesTo justify the grant of a TER; applicants must demonstrate extenuating circumstances or unusual project requirements beyond their control. A time extension for delays in furtherance of an unapproved SOW is not warranted; absent an approved change in SOW from FEMA.The Applicant’s intent to pursue an improved project or new mitigation measures; based on a new unapproved SOW; does not justify a time extension. Additionally; administrative processing errors; changes in administration; and issues related to a prior SOW change request denial that the Applicant never appealed are not extenuating circumstances beyond the Applicant’s control.ConclusionThe Applicant’s TER is for a scope of work that FEMA has not approved. Furthermore; the Applicant has not demonstrated extenuating circumstances or unusual project requirements out of its control that justify granting a TER. Therefore; the appeal is denied