From February 1–2, 2007, severe storms and tornadoes scattered debris throughout Lake County. FEMA prepared PW 48 to document the Applicant’s debris removal work initially estimated at $2,252,345.50. The Florida Division of Emergency Management (Grantee) requested closeout for PW 48 and reimbursement for a cost overrun of $175,051.17. FEMA denied the cost overrun request in Version 1 after determining that the Applicant’s invoices contained a duplication of benefits. On October 28, 2014, the Grantee uploaded a letter to the Applicant on FloridaPA.org with a Project Application Summary Package (P.2) reflecting FEMA’s determination in Version 1. On January 26, 2015, the Grantee uploaded another letter to the Applicant and the P.2, which were identical to the documents uploaded on October 28, 2014, and sent an email to the Applicant advising it to log into FloridaPA.org to download the P.2 reflecting FEMA’s obligation of PW 48, Version 1. During a telephone call with the Grantee on January 20, 2016, the Applicant inquired about the status of PW 48 and explained that it had not received FEMA’s determination regarding its cost overrun request. The Applicant received notice of FEMA’s determination in Version 1 from the Grantee on January 29, 2016. The Applicant appealed FEMA’s denial of its $175,051.17 cost overrun request. The Grantee supported the appeal, and confirmed the Applicant’s claim that it did not receive notice of FEMA’s determination until January 2016. The Regional Administrator denied the appeal as untimely without considering its substantive merits after determining the 60-day regulatory timeframe to appeal began on October 28, 2014, when the Grantee uploaded the P.2 to FloridaPA.org. On second appeal, the Applicant argues the appeal should be considered on its merits because FEMA waived the regulatory time limits for appeals when it failed to meet its own 90-day regulatory deadline in issuing the Final RFI and the first appeal decision. The Applicant also asserts that FEMA should approve its $175,051.17 overrun because it demonstrated that the overrun did not include a duplication of benefits on first appeal.

Stafford Act § 423. 44 C.F.R. § 206.206(c). Headnotes Stafford Act § 423 and 44 C.F.R. § 206.206(c)(1) provide that an applicant’s appeal of an eligibility determination must be filed within 60 days after the date on which the applicant is notified of the determination. The Applicant submitted its first appeal beyond the 60-day regulatory timeframe because the Grantee sent an email to the Applicant on January 26, 2015, apprising the Applicant of FEMA’s determination and its appeal rights. Accordingly, the appeal is denied as untimely.