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 2020 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 2022 FFY Local Agency Emergency Relief (ER) Time Extension Request Solicitation is as follows:

Emergency Relief (ER) Time Extension Request
Local Agency Solicitation for 2022 FFY

Date (2022 FFY) Deadline or Activity
July 5            
  • Time Ext. Request Solicitation.
July 22
  • 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 2022 FFY (the earlier the submittal, the better the chance).
  • Local agencies submitting RFA CON after July 22 deadline should also submit a project time extension request by the August 19th deadline.
  • If it is anticipated the RFA will come in after the Aug 19th Time extension deadline, then local agency should submit a time ext request by Aug 19th with the “Submitted” box checked on the time ext request form. (it is also recommended the local agency include another justification for the time ext. request, just in case the local agency cannot/does not submit the RFA by the Sept. 30th deadline.
August 12
  • Time Ext. Request due to DLAE. [DLAE may set earlier deadline to give District adequate time to review and process requests.]
August 19             
  • 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.]
  • RFAs from projects exceeding the Sept 30 E76 CON deadline, that are received between October 1st up to the date FHWA releases their official reply to the time extension requests, will be considered for approval or rejection of the RFA by FHWA on a case-by-case basis, at the time the RFA is submitted to FHWA by Caltrans; however, for this consideration the project MUST have submitted a time extension request for the latest E76 CON deadline and have their project listed on the ER Time Extension Request Submittal Packages Received (for 2022 FFY).
December 9 (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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