The Appeals Manual states that on first appeal, if FEMA identifies a new eligibility issue, it must issue a Request for Information (RFI) and in it, must inform the applicant that a new eligibility issue was identified, frame the new issue and inform the applicant that it has 60 days from receipt to respond. FEMA issued an RFI, informed the Applicant that new eligibility issues were identified, and framed the new issues in an RFI, thereby rendering a determination, and provided the Applicant time to respond. It was a harmless error that the RFI only provided the Applicant with 30 days to respond, as the Applicant filed its response within that timeframe, stating it believed the administrative record was complete and had nothing further to add. The Stafford Act and 44 C.F.R. authorize FEMA to provide funding for emergency work to meet immediate threats, but only for the minimal level of effort necessary to address the threat, and for a PNP only to protect its facility and contents. The constructed fence provided security to the Facility and therefore additional security was not required.

The RA’s finding that the Applicant’s costs for security after construction of the fence are ineligible, and his decision to prorate security costs prior to construction, were appropriate. In addition, the Applicant did not properly procure Witt’s services and FEMA correctly took an enforcement action and determined reasonable costs. Last, the travel expenses claimed by Witt are not eligible DAC.

Stafford Act §§ 324(a), 403. 44 C.F.R. §§ 206.32, 206.201(b), 206.223; 2 C.F.R. §§ 215.43-46, 215.61-62, Pt. 230, App. A. PA Guide, at 40-41, 51-52; PA Policy Digest, at 99. DAP 9525.9, at 2-5; DAP 9525.9 Guidance Memo, at 2-3. Appeals Manual, Version 4, at 13-15. FEMA Second Appeal Analyses: Miami-Dade County, FEMA-1345-DR-FL, at 2; Town of Bennington, FEMA-4022-DR-VT, at 8; Louisiana State University Health Care Services Division Medical Center of Louisiana at New Orleans, FEMA-1603-DR-LA, at 3-4; City of Nome, FEMA-4050-DR-AK, at 5.