Je veux savoir à propos de…

lotter on DSK11XQN23PROD with RULES1

45684

Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
recipient 30 calendar days to provide any additional information.
C The Regional Administrator will provide electronic notice of the disposition of the appeal to the applicant and recipient within 90
calendar days of receipt of the appeal or within 90 calendar days following the receipt of additional information or following expiration of the period for providing the information.
iii Technical Advice. In appeals involving highly technical issues, the Regional Administrator may, at his or her discretion, submit the appeal to an independent scientific or technical person or group having expertise in the subject matter of the appeal for advice or recommendation. The period for this technical review may be in addition to other allotted time periods. Within 90
calendar days of receipt of the report, the Regional Administrator will provide electronic notice of the disposition of the appeal to the recipient and applicant.
iv Effect of an Appeal. A FEMA
will take no action to implement any determination pending an appeal decision from the Regional Administrator, subject to the exceptions in paragraph b1ivB of this section.
B Notwithstanding paragraph b1ivA of this section, FEMA may:
1 Suspend funding see 2 CFR
200.339;
2 Defer or disallow other claims questioned for reasons also disputed in the pending appeal; or 3 Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation.
v Implementation. If the Regional Administrator grants an appeal, the Regional Administrator will take appropriate implementing actions.
vi Guidance. FEMA may issue separate guidance as necessary to supplement paragraph b1 of this section.
2 Second Appeal. If the Regional Administrator denies a first appeal in whole or in part, the applicant may make a second appeal in writing and submit it electronically through the recipient to the Assistant Administrator for the Recovery Directorate. The recipient must include a written recommendation on the applicants appeal with the electronic submission of the applicants second appeal to the Assistant Administrator for the Recovery Directorate. The recipient may make recipient-related second appeals to the Assistant Administrator for the Recovery Directorate.
i Content. A second appeal must:

VerDate Sep<11>2014

16:35 Aug 13, 2021

Jkt 253001

A Contain all documented justification supporting the applicant or recipients position;
B Specify the amount in dispute, as applicable; and C Specify the provisions in Federal law, regulation, or policy with which the applicant or recipient believes the FEMA determination was inconsistent.
ii Time Limits. A If the Regional Administrator denies a first appeal in whole or in part, the applicant may make a second appeal through the recipient within 60 calendar days from the date of the Regional Administrators first appeal decision and the recipient must electronically forward to the Assistant Administrator for the Recovery Directorate the applicants second appeal with a recommendation within 120 calendar days from the date of the Regional Administrators first appeal decision. If the applicant or the recipient do not meet their respective 60-calendar day and 120-calendar day deadlines, FEMA will deny the appeal.
If the Regional Administrator denies a recipient-related first appeal in whole or in part, the recipient may make a recipient-related second appeal within 60 calendar days from the date of the Regional Administrators first appeal decision and the recipient must electronically submit their second appeal to the Assistant Administrator for the Recovery Directorate.
B Within 90 calendar days following receipt of a second appeal, if there is a need for additional information, the Assistant Administrator for the Recovery Directorate will provide electronic notice to the recipient and applicant. If there is no need for additional information, then FEMA will not provide notification. The Assistant Administrator for the Recovery Directorate will generally allow the recipient 30 calendar days to provide any additional information.
C The Assistant Administrator for the Recovery Directorate will provide electronic notice of the disposition of the appeal to the recipient and applicant within 90 calendar days of receipt of the appeal or within 90 calendar days following the receipt of additional information or following expiration of the period for providing the information.
iii Technical Advice. In appeals involving highly technical issues, the Assistant Administrator for the Recovery Directorate may, at his or her discretion, submit the appeal to an independent scientific or technical person or group having expertise in the subject matter of the appeal for advice or recommendation. The period for this technical review may be in addition to
PO 00000

Frm 00064

Fmt 4700

Sfmt 4700

other allotted time periods. Within 90
calendar days of receipt of the report, the Assistant Administrator for the Recovery Directorate will provide electronic notice of the disposition of the appeal to the recipient and applicant.
iv Effect of an Appeal. A FEMA
will take no action to implement any determination pending an appeal decision from the Assistant Administrator for the Recovery Directorate, subject to the exceptions in paragraph b2ivB of this section.
B Notwithstanding paragraph b2ivA of this section, FEMA may:
1 Suspend funding see 2 CFR
200.339;
2 Defer or disallow other claims questioned for reasons also disputed in the pending appeal; or 3 Take other action to recover, withhold, or offset funds if specifically authorized by statute or regulation.
v Implementation. If the Assistant Administrator for the Recovery Directorate grants an appeal, the Assistant Administrator for the Recovery Directorate will direct the Regional Administrator to take appropriate implementing actions.
vi Guidance. FEMA may issue separate guidance as necessary to supplement paragraph b2 of this section.
3 Arbitration. i Applicability. An applicant may request arbitration from the Civilian Board of Contract Appeals CBCA if:
A There is a dispute of the eligibility for assistance or of the repayment of assistance arising from a major disaster declared on or after January 1, 2016; and B The amount in dispute is greater than $500,000, or greater than $100,000
for an applicant for assistance in a rural area; and C The Regional Administrator has denied a first appeal decision or received a first appeal but not rendered a decision within 180 calendar days of receipt.
ii Limitations. A request for arbitration is in lieu of a second appeal.
iii Request for Arbitration. A An applicant may initiate arbitration by submitting an electronic request simultaneously to the recipient, the CBCA, and FEMA. See 48 CFR part 6106.
B Time Limits. 1 An applicant must submit a request for arbitration within 60 calendar days from the date of the Regional Administrators first appeal decision; or 2 If the first appeal was timely submitted, and the Regional Administrator has not rendered a decision within 180 calendar days of
E:FRFM16AUR1.SGM

16AUR1