Immediate Threat

Immediate Threat

HEADNOTES

For emergency protective measures to be eligible, the Applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident. FEMA does not extend emergency work eligibility to implement community-wide mitigation efforts to reduce a future event, such as the anticipated or potential transmission of COVID-19. The Applicant has not demonstrated that the rentals of portable restrooms and handwashing stations and associated customer-owned equipment service costs were associated with eligible emergency work under FEMA’s policies. Rather the Applicant’s documentation shows the rentals were a method to implement community-wide mitigation efforts to limit the future spread of COVID-19.

CONCLUSION

The Applicant has not demonstrated that the rentals of portable restrooms and handwashing stations and unspecified customer-owned service costs constitute eligible emergency protective measures in response to the COVID-19 pandemic. Therefore, the appeal is denied.

AUTHORITIES

Stafford Act §§ 403, 502. 44 C.F.R. §§ 206.206 (a),206.223 (a)(1), 206.225(a). PAPPG, at 19, 21, 57, 133. FP104-21-003, at 5; FP 104-009-19, at 1, 3-5; FP104-21-0004, at 2,6,14. City of Tallahassee, FEMA-4486-DR-FL, at 2; City of White Plains, FEMA-4480-DR-NY, at 3; Strycker’s Bay Neighborhood, FEMA-4480-DR-NY, at 3.

44 C.F.R. §§ 206.206 (a),206.223 (a)(1), 206.225(a)
Immediate Threat