FEMA is authorized to provide emergency protective measures to save lives and protect public health and safety. 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. The Applicant did not directly tie the work to the performance of eligible work nor otherwise describe any emergency protective measures required due to an immediate threat resulting from the declared incident.

The Applicant did not show that the work performed is an emergency protective measure required due to an immediate threat resulting from the declared incident. Accordingly, the associated FAL overtime costs are ineligible for PA funding and the second appeal is denied.

Stafford Act §§ 403, 502. 44 C.F.R. §§ 206.223(a)(1), 206.225(a)(3)(i). PAPPG, at 19, 57.