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. For FAE usage to be eligible, it must be used in the performance of eligible work. The Applicant has shown that some of its claimed FAL OT costs are linked to the performance of eligible emergency protective measures in response to COVID-19 but has not shown that the FAE usage was linked to eligible emergency work.

FEMA finds that the Applicant has shown some of its claimed FAL OT costs are linked to the performance of eligible emergency protective measures in response to COVID-19. Therefore, this appeal is partially granted for $3,600.64 in FAL OT.

Stafford Act §§ 403(a)(3), 416, 502. 44 C.F.R. §§ 206.206(a), 206.223, 206.225. FEMA Fact Sheet, Eligible Emergency Protective Measures, at 1-2; O&O Policy, at 4-5; Work Eligible for Public Assistance Policy, at 4-5, Medical Care Policy, at 4; FEMA Recovery Policy FP 104-11-2, Public Assistance Management Costs (Interim), at 4. PAPPG, at 19, 21, 24, 26, 133. City of Atlanta, FEMA-4501-DR-GA, at 4, Strycker’s Bay Neighborhood Council, Inc., FEMA-4480-DR-NY, at 5, City of Niceville, FEMA-4486-DR-FL, at 3-4.