44 C.F.R. 206.223(a)(1) requires that work must be required as a result of a disaster. The PA Guide states work to correct pre-disaster inadequacies; or damage caused by inadequate maintenance; is ineligible. Pier 14 East was poorly maintained and in a state of disrepair prior to the disaster. The Applicant has not demonstrated the proposed work was required a direct result of the disaster; rather than to correct predisaster deficiencies. 44 C.F.R. 206.223(a)(3) requires the work to be the legal responsibility of the Applicant. The PA Guide applies this rule at the time of the disaster and states that a lease makes a tenant legally responsible if it specifically covers disaster damage. A post-disaster transfer of responsibility from an ineligible applicant to an eligible applicant does not make a facility eligible.The lease made the tenant; not the Applicant; legally responsible for Pier 14 East at the time of the disaster. The tenant was legally responsible for the Facility. While the Applicant could terminate the lease if the disaster totally destroyed the pier; this post-disaster transfer did not make the project eligible.

Headnotes 44 C.F.R. § 206.223(a)(1) requires that work must be required as a result of a disaster. The PA Guide states work to correct pre-disaster inadequacies; or damage caused by inadequate maintenance; is ineligible. Pier 14 East was poorly maintained and in a state of disrepair prior to the disaster. The Applicant has not demonstrated the proposed work was required a direct result of the disaster; rather than to correct predisaster deficiencies. 44 C.F.R. § 206.223(a)(3) requires the work to be the legal responsibility of the Applicant. The PA Guide applies this rule at the time of the disaster and states that a lease makes a tenant legally responsible if it specifically covers disaster damage. A post-disaster transfer of responsibility from an ineligible applicant to an eligible applicant does not make a facility eligible.The lease made the tenant; not the Applicant; legally responsible for Pier 14 East at the time of the disaster. The tenant was legally responsible for the Facility. While the Applicant could terminate the lease if the disaster totally destroyed the pier; this post-disaster transfer did not make the project eligible.