FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated August 8, 2016, which transmitted the referenced second appeal on behalf of the New York State Department of Transportation (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $172,699.11 in costs for force account labor overtime. As explained in the enclosed analysis, I have determined that the Applicant’s second appeal is untimely under Title 44 of the Code of Federal Regulations (44 C.F.R.) § 206.206(c)(2) because it was not forwarded to FEMA within the required 60-day timeframe. Timeliness aside, the second appeal would otherwise be denied for failing to comply with 44 C.F.R. § 206.206(a) because the Applicant did not provide documentation demonstrating the eligibility of its claimed force account labor overtime costs, nor did it show those costs were tied to eligible work. Accordingly, I am denying the appeal. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.