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Second Appeal Summary
PA ID# 037-00000; Los Angeles County
DSR ID# 48374; Department of the Coroner
Citation: FEMA-942-DR-CA; Los Angeles County; DSR 48374
Cross Reference: Emergency Work, Immediate Threat
Summary: As a result of the civil unrest, Los Angeles County (subgrantee) was responsible for the removal of 60 corpses. Damage Survey Report (DSR) 48374 was prepared to propose funding for costs incurred as a result of removing and transporting the corpses, performing autopsies, and staffing the emergency operations center (EOC) for seven days. The costs associated with performing autopsies were determined to be ineligible, because the autopsies were not necessary to eliminate or lessen an immediate threat. It was determined that the immediate threat posed by the corpses was alleviated following the transportation of the corpses to the morgue. DSR 48374 was approved in the amount of $35,874 to provide funding for the staffing of the EOC and the emergency response to death scene locations. The subgrantee submitted a first appeal of this determination stating that the costs associated with removing the corpses should not be arbitrarily separated from other associated costs. In its second appeal, the subgrantee restates its arguments from the first appeal that FEMA's "cut-off" point for when the immediate threat ended is arbitrary and without foundation.
Issues:Were the autopsies necessary to eliminate or lessen an immediate threat?
Findings: No. The immediate threat posed by the corpses was eliminated once the corpses were transported to the morgue.
Rationale: According to 44 CFR 206.225(a)(3), emergency protective measures must eliminate or lessen immediate threats to life, public health or safety, or threats of significant damage to improved property to be eligible.