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 Applicant’s second appeal approximately 475 days after receipt, thus, the appeal is untimely. Under Stafford Act section 301, FEMA may modify or waive administrative conditions for assistance if an applicant or grantee was not able to satisfy those conditions as a result of the major disaster. Here, the Grantee failed to transmit the appeal in a timely manner due to staffing changes, not the disaster. The 60-day submission timeframe in Stafford Act section 423(a) applies to both applicants and grantees, because grantees are legally responsible for any financial awards dispersed under the Stafford Act. The 60-day submission timeframe in 44 C.F.R. § 206.206(c)(2) does not abrogate an applicant’s statutory right of appeal. Under Stafford Act section 325(a), FEMA cannot apply new or modified policies without a notice and comment period and may not apply them retroactively. FEMA did provide a notice and comment period for 44 C.F.R. § 206.206(c)(2) and did not retroactively apply a new policy by enforcing the 60-day timeline for grantees, as the deadlines provided by statute and regulation have remained unchanged for decades.

Stafford Act §§ 301; 325(a); 423(a), (c); 705(c). 44 C.F.R. §§ 206.32(d); 206.44; 206.201(e); 206.202; 206.206(c)(2). Fla. Dep’t of Transp., FEMA-4068-DR-FL, at 3-4. Disaster Assistance, 55 Fed. Reg. 2,297.