FEMA mayprovide assistance for measures to reduce immediate threats to public health and safety, as well as certain measures to facilitate the safe opening and operation of eligible facilities in response to COVID-19 declared events. The Applicant did not demonstrate the work associated with the portable toilet rentals and its cleaning was an eligible emergency protective measure or within any of the categories identified in FEMA’s COVID-19 or general PA policies. The Applicant demonstrated the purchase of the retractable belt barrier, and the cleaning of the PSB are eligible emergency protective measures.

FEMA partially grants this appeal. FEMA finds that the Applicant did not demonstrate the portable toilet rentals and its cleaning were an eligible emergency protective measure and therefore denies $7,857.35 associated with that work. However, the Applicant has demonstrated that the retractable belt barrier and the cleaning of the PSB are eligible emergency protective measures. Therefore, FEMA grants $156.78 in costs associated with the retractable belt barrier, but remands the issue of cost eligibility for the PSB cleaning to the Region II Regional Administrator for further review.

Stafford Act § 403(a)(3). 44 C.F.R. §§ 206.223(a)(1), 206.225(a). PAPPG, at 19, 57. FP 104-21-0003, at 4-5. Fact Sheet, Eligible Emergency Protective Measures, at 1-2. FEMA Second Appeal Analysis, City of White Plains, FEMA-4480-DR-NY, at 2-3 (Sept. 27, 2022).