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Second Appeal Letter
PA ID# 000-UROW9-00; State of New York Unified Court System
PW ID# 216; Increased Security Measures and Body Armor
June 17, 2003
Mr. John A. Agostino
Alternate Governors Authorized Representative
1220 Washington Avenue
Building 22, Suite 101
Albany, New York 12226-2251
RE: Second Appeal: State of New York Unified Court System, PA ID # 000-UROW9-00, Increased Security Measures and Body Armor, FEMA-1391-DR-NY
Dear Mr. Agostino:
Thank you for your letter of January 2, 2003, forwarding the second appeal on behalf of the State of New York Unified Court System regarding reimbursement of security costs and body armor associated with increased threats following the attack on the World Trade Center. On June 25, 2002, the State Emergency Management Office (SEMO) submitted a first appeal on behalf of the Unified Court System requesting funding for increased security costs. After a thorough review of the documentation submitted, the FEMA Acting Regional Director responded on September 30, 2002, stating the appeal was denied because actions taken or costs incurred to protect facilities as a result of the increased terrorist threat are ineligible as they are not a direct result of the declared event.
The State of New York submitted a second appeal for increased security and body armor funding on November 7, 2002. Activities outside the actual World Trade Center site, such as the cost of increased security measures, are not eligible for FEMA reimbursement pursuant to FEMA regulation 44 CFR §206.223(a)(1) which states [t]o be eligible for financial assistance, an item of work must:. . . [b]e required as result of the major disaster event. The applicant has not presented any additional information to refute these regulations in submitting the appeal. Therefore, I am denying the appeal.
Please inform the applicant of my decision. My determination is the final decision on this matter in accordance with 44 CFR §206.206. The denial of this appeal does not preclude FEMA from considering the costs requested as associated costs pursuant to authority recently provided FEMA in the Consolidated Appropriations Resolution, 2003, P.L. 108-7.
Laurence W. Zensinger
Acting Director, Recovery Division
Emergency Preparedness and Response Directorate
Department of Homeland Security
cc: Joseph F. Picciano
Acting Regional Director