Immediate Threat

Immediate Threat

HEADNOTES

Emergency repair or stabilization of an eligible facility is eligible as emergency work if it eliminates or lessens an immediate threat. The Applicant provides information establishing an immediate threat to public health and safety stemming from the loss of electrical power due to the emergency. It also provides information showing that it limited its claim to the work it performed during and in the immediate aftermath of the emergency. The work at issue constituted emergency repairs to the Applicant’s electrical power distribution system, in order to eliminate or lessen the effects of the immediate threat. As such, the work is considered emergency work under FEMA policy. Furthermore, the eligibility of emergency protective measures is not dependent on whether the work is temporary or permanent in nature; rather, it is work that is required due to an immediate threat resulting from the declared incident.

CONCLUSION

The Applicant has demonstrated that work to repair its electrical power distribution system is eligible as emergency protective measures. Therefore, this appeal is granted.

AUTHORITIES

Stafford Act § 403, 42 U.S.C. § 5192. 44 C.F.R. §§ 206.62, 206.63, 206.201(b), 206.223(a)(1), 206.225(a). PAPPG, at 51, 110, 135.

44 C.F.R. §§ 206.62, 206.63, 206.201(b), 206.223(a)(1), 206.225(a)
Immediate Threat