APPENDIXG 

RGL 06-01 

Determining the Timeliness of Requests for Appeal (RFA) 

Can be found at: 

http://www.usace.army.mil/cw/cecwo/reg/rgls/rgl06_01.pdf 
US Army Corps 

of Engineers® 

REGULATORY GUIDANCE 

LETTER 

No. 06-01 Date: 25 January 2006 

SUBJECT: Determining the Timeliness of Requests for Appeal (RF A). 

1. Purpose aud Applicability 

a. Purpose: The purpose of this guidance is to provide a consistent national approach in determining 

when Requests for Appeal (RF A) must be received by Division Engineers in order to be considered 

appealable actions under 33 C.P.R. part 331. This guidance provides certainty to the regulated public and 

ensures the full ability of affected parties to consider pursuing administrative appeals for certain Corps of 

Engineer regulatory decisions. This Regulatory Guidance Letter (RGL) reafflnns that an affected party must 

submit an RFA to the appropriate Division Engineer so that the RFA is received within 60 days ofthe date of 

the corresponding Notification of Appeal Process (NAP) form. The terms "affected party," "appealable 

action," "Notification of Appeal Process (NAP)," and "Request for Appeal (RFA)" are defined in 33 CFR 

part 331.2. 

b. Applicability: This guidance applies to all RF As submitted for the purpose of initiating the 

administrative appeal process pursuant to 33 CFR part 331. 

2. Appeals Regulations 33 CFR part 331: Discussion 

a. As part of its administrative appeals program, the Corps must determine if an RF A is complete 

and meets the criteria for appeal. Criteria for appeal are defmed in 33 CFR part 331.5(a) and include the 

requirement that an RFA must be received by the Division Engineer within 60 days of the date of the NAP. 

b. Actions not appealable are defined in 33 CFR part 331.5 (b) and include any RF A that has not 

been received by the Division Engineer within 60 days of the date of the NAP. See 33 C.F.R. part 

331.5(b)(6). 

3. Guidance 

a. The following guidelines will apply when calculating the "within 60 days of the date of the NAP" 

timeframe specified in the administrative appeal regulations: 

"Day 1" is designated as the date of the NAP form. "Day 60" is designated as the 60th calendar day 

after the date of the NAP form, with the official counting of calendar days beginning on "Day 1" as 

designated above. When "Day 60" is a traditional non-working day (e.g., a holiday or a weekend), 

the 60 day timeframe is extended to the next business day. 

b. Section 3 31.5(b )( 6) clearly states that an RF A not received by the division engineer within 60 

days of the date of the NAP is not an appealable action. In all cases, except in those narrow instances already 

described in paragraph 3(a) of this RGL, an RFA received on or after "Day 61" is not an appealable action, 

regardless of the Corps office it was submitted to or the date on which it was submitted to the Corps. 
c. To ensure that the public understands where the RFA must be sent to be considered under the 

Appeals process, all districts will include the following language in every letter to the affected party informing 

them of jurisdictional determinations, proffered permits, or permit denials: 

This letter contains an **approved jurisdictional determination/ proffered permit/ permit 

denial** for your **subject site/ proposed project/ permit application**. If you object to this 

**determination/ decision**, you may request an administrative appeal under Corps regulations 

at 33 CFR Part 33 I. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet 

and Request for Appeal (RFA) form. If you request to appeal this **determination/decision** 

you must submit a completed RFA form to the **Division name** Division Office at the 

following address: 

Name of Review Officer or Division POC 

Division Review Office Phone and Fax Number 

Name ofDivision 

Building/Street Address 

City, State and Zip code 

In order for an RF A to be accepted by the Corps, the Corps must determine that it is 

complete, that it meets the criteria for appeal under 33 C.F.R. part 331.5, and that it has 

been received by the Division Office within 60 days of the date ofthe NAP. Should 

you decide to submit an RFA form, it must be received at the above address by **insert 

Day 60.** 

It is not necessary to submit an RFA form to the Division office ifyou do not object to 

the ** determination/ decision** in this letter. 

d. To assist Division staff in determining whether RFAs have been received in a timely manner, District 

staff must ensure that information contained within NAPs are accurate and complete and that NAPs and 

corresponding cover letters are accurately dated. 

i. District staff must complete the top portion of every NAP/ RF A form with the name of the 

applicant, the file number, the date, and the type of decision being provided. District staff must 

complete the bottom portion of NAP/ RFA forms with the appropriate point of contact information for 

the District and Division office. The contact information for the Division office, described at paragraph 

3(c) of this RGL, must also be included in the appropriate box on page 2 of NAP/ RFA forms. 

ii. The NAP/ RFA form and associated cover letter must be dated with the same date. The date 

must be the calendar day when those documents are actually mailed to the affected party. 

4. Duration 

This guidance is effective immediately and remains in effect unless revised or rescinded.