ER Time Extensions (E76 CON)

The deadline for ER projects to authorize construction (a.k.a. E76 CON) for the Emergency Opening (EO) and Permanent Repair (PR) segments of work is two Federal Fiscal Years (FFYs) after the FFY the disaster event began.  This means local agencies, with an ER project resulting from an 2019 FFY disaster, that are unable to authorize construction (for either EO or PR) by the end of this FFY, must submit an ER Time Extension Request for their project and receive FHWA approval of the request to avoid losing federal funds.  Likewise, ER projects with a currently approved FHWA Time Extension, that are unable to authorize construction (for either EO or PR) by the end of this FFY, must submit another ER Time Extension Request for their project and receive FHWA approval of the request to avoid losing federal funds.  This is because ER E76 CON Time Extensions, when approved by FHWA, are only granted in one year increments. 

Each FFY, Local Agencies must identify their active ER projects that will not have their E76 CON for EO and PR by the end of the second FFY after the FFY the disaster event began.  These are the projects that local agencies will need to submit an ER Time Extension Request for by the deadline indicated in the below table. 

For ER projects with a current, FHWA approved E76 CON ER Time Extension that will not have reached E76 CON for EO and PR by the end of this FFY, will need to submit another Time Extension Request for FHWA approval, to extend their E76 CON deadline beyond the end of this FFY.  This is because ER Time Extensions are only granted in one-year increments at a time. 

Local Agencies unsure if they will be able to reach E76 CON before the below deadline, should complete and submit an ER Time Extension Request by the deadline below.  By doing this, if E76 CON is not received before the end of the FFY, the Time Extension Request will have been received in time for the project to be considered for a time extension.  If the project does receive it’s E76 CON before the end of the FFY, the submitted Time Extension Request is not required.

The timeline for the 2021 FFY Local Agency Emergency Relief (ER) Time Extension Request Solicitation is as follows:

Emergency Relief (ER) Time Extension Request
Local Agency Solicitation for 2021 FFY

Date (2021 FFY) Deadline or Activity
July 2            
  • Time Ext. Request Solicitation.
July 8 and July 12             
  • Local Agency District Workshop(s) [Available upon DLAE request; contact your DLAE if you are interested in attending a session.]
 July 23
  • Request for Authorization (RFA) due to HQ; recommend Districts submit RFAs earlier than this date for better chance of HQ approval and FMIS authorization (E76) before end of 2021 FFY (the earlier the submittal, the better the chance).
August 20
  • Time Ext. Request due to DLAE. [DLAE may set earlier deadline to give District adequate time to review and process requests.]
August 27 
  • Time Ext. Request due to HQ, from Districts.
September 30
  • Official ER E76 CON deadline [Note: The system to request authorizations closes each year before Sept 30th, so the actual deadline cutoff date may actually occur in August or September.]
December 10 (est.)
  • Target for release of the Time Extension Result [Note: The release of the results may be delayed due to incomplete Time Extension Requests or missing supporting documentation.]

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