Per 44 C.F.R. § 206.206(c)(2), a grantee must review and forward an applicant’s appeal to FEMA within 60 days of receipt. The Grantee submitted the appeal to FEMA almost three years after the 60 day deadline expired, via a letter that was dated at least 40 days beyond the 60 day transmission timeframe. Thus, the appeal is untimely. Under Stafford Act § 325(a), FEMA cannot apply new or modified policies without a notice and comment period and may not apply them retroactively. FEMA provided a notice and comment period for 44 C.F.R. § 206.206(c)(2). Thus, it did not retroactively apply a new policy by enforcing the 60 day timeline for grantees, as the deadline provided by regulation has remained unchanged since 1990.

Stafford Act §§ 325(a), 423(a), (c). 44 C.F.R. §§ 206.32(d), 206.44, 206.201(e), 206.202, 206.206(c). Disaster Assistance, 55 Fed. Reg. 2,297. PA Guide, at 86, 113. Public Assistance Program Appeal Procedures, Version 4, at 13. Town of Windermere, FEMA-1561-DR-FL, at 4; Tex. Dep’t of Aging and Disability Servs., FEMA-1791-DR-TX, at 5; Broward Cty., FEMA-1609-DR-FL, at 4-5; Roman Catholic Archdiocese of Miami, FEMA-1602-DR-FL, at 3; Fla. Dep’t of Transp., FEMA-4068-DR-FL, at 3-4; City of Scotts Valley, FEMA-1203-DR-CA, at 3