{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 208 sorted by section_id", "rows": [["21:21:4.0.1.1.8.1.1.1", 21, "Food and Drugs", "I", "C", "208", "PART 208\u2014MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 208.1 Scope and purpose.", "FDA", "", "", "", "(a) This part sets forth requirements for patient labeling for human prescription drug products, including biological products, that the Food and Drug Administration (FDA) determines pose a serious and significant public health concern requiring distribution of FDA-approved patient information. It applies primarily to human prescription drug products used on an outpatient basis without direct supervision by a health professional. This part shall apply to new prescriptions and refill prescriptions.\n\n(b) The purpose of patient labeling for human prescription drug products required under this part is to provide information when the FDA determines in writing that it is necessary to patients' safe and effective use of drug products.\n\n(c) Patient labeling will be required if the FDA determines that one or more of the following circumstances exists:\n\n(1) The drug product is one for which patient labeling could help prevent serious adverse effects.\n\n(2) The drug product is one that has serious risk(s) (relative to benefits) of which patients should be made aware because information concerning the risk(s) could affect patients' decision to use, or to continue to use, the product.\n\n(3) The drug product is important to health and patient adherence to directions for use is crucial to the drug's effectiveness."], ["21:21:4.0.1.1.8.1.1.2", 21, "Food and Drugs", "I", "C", "208", "PART 208\u2014MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 208.3 Definitions.", "FDA", "", "", "", "For the purposes of this part, the following definitions shall apply:\n\n(a)  Authorized dispenser  means an individual licensed, registered, or otherwise permitted by the jurisdiction in which the individual practices to provide drug products on prescription in the course of professional practice.\n\n(b)  Dispense to patients  means the act of delivering a prescription drug product to a patient or an agent of the patient either:\n\n(1) By a licensed practitioner or an agent of a licensed practitioner, either directly or indirectly, for self-administration by the patient, or the patient's agent, or outside the licensed practitioner's direct supervision; or\n\n(2) By an authorized dispenser or an agent of an authorized dispenser under a lawful prescription of a licensed practitioner.\n\n(c)  Distribute  means the act of delivering, other than by dispensing, a drug product to any person.\n\n(d)  Distributor  means a person who distributes a drug product.\n\n(e)  Drug product  means a finished dosage form, e.g., tablet, capsule, or solution, that contains an active drug ingredient, generally, but not necessarily, in association with inactive ingredients. For purposes of this part, drug product also means biological product within the meaning of section 351(a) of the Public Health Service Act.\n\n(f)  Licensed practitioner  means an individual licensed, registered, or otherwise permitted by the jurisdiction in which the individual practices to prescribe drug products in the course of professional practice.\n\n(g)  Manufacturer  means for a drug product that is not also a biological product, both the manufacturer as described in \u00a7 201.1 and the applicant as described in \u00a7 314.3(b) of this chapter, and for a drug product that is also a biological product, the manufacturer as described in \u00a7 600.3(t) of this chapter.\n\n(h)  Medication Guide  means FDA-approved patient labeling conforming to the specifications set forth in this part and other applicable regulations.\n\n(i)  Packer  means a person who packages a drug product.\n\n(j)  Patient  means any individual with respect to whom a drug product is intended to be, or has been, used.\n\n(k)  Serious risk or serious adverse effect  means an adverse drug experience, or the risk of such an experience, as that term is defined in \u00a7\u00a7 310.305, 312.32, 314.80, and 600.80 of this chapter."], ["21:21:4.0.1.1.8.2.1.1", 21, "Food and Drugs", "I", "C", "208", "PART 208\u2014MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS", "B", "Subpart B\u2014General Requirements for a Medication Guide", "", "\u00a7 208.20 Content and format of a Medication Guide.", "FDA", "", "", "[63 FR 66396, Dec. 1, 1998, as amended at 73 FR 404, Jan. 3, 2008]", "(a) A Medication Guide shall meet all of the following conditions:\n\n(1) The Medication Guide shall be written in English, in nontechnical, understandable language, and shall not be promotional in tone or content.\n\n(2) The Medication Guide shall be scientifically accurate and shall be based on, and shall not conflict with, the approved professional labeling for the drug product under \u00a7 201.57 of this chapter, but the language of the Medication Guide need not be identical to the sections of approved labeling to which it corresponds.\n\n(3) The Medication Guide shall be specific and comprehensive.\n\n(4) The letter height or type size shall be no smaller than 10 points (1 point = 0.0138 inches) for all sections of the Medication Guide, except the manufacturer's name and address and the revision date.\n\n(5) The Medication Guide shall be legible and clearly presented. Where appropriate, the Medication Guide shall also use boxes, bold or underlined print, or other highlighting techniques to emphasize specific portions of the text.\n\n(6) The words \u201cMedication Guide\u201d shall appear prominently at the top of the first page of a Medication Guide. The verbatim statement \u201cThis Medication Guide has been approved by the U.S. Food and Drug Administration\u201d shall appear at the bottom of a Medication Guide.\n\n(7) The brand and established or proper name of the drug product shall appear immediately below the words \u201cMedication Guide.\u201d The established or proper name shall be no less than one-half the height of the brand name.\n\n(b) A Medication Guide shall contain those of the following headings relevant to the drug product and to the need for the Medication Guide in the specified order. Each heading shall contain the specific information as follows:\n\n(1) The brand name (e.g., the trademark or proprietary name), if any, and established or proper name. Those products not having an established or proper name shall be designated by their active ingredients. The Medication Guide shall include the phonetic spelling of either the brand name or the established name, whichever is used throughout the Medication Guide.\n\n(2) The heading, \u201cWhat is the most important information I should know about (name of drug)?\u201d followed by a statement describing the particular serious and significant public health concern that has created the need for the Medication Guide. The statement should describe specifically what the patient should do or consider because of that concern, such as, weighing particular risks against the benefits of the drug, avoiding particular behaviors (e.g., activities, drugs), observing certain events (e.g., symptoms, signs) that could prevent or mitigate a serious adverse effect, or engaging in particular behaviors (e.g., adhering to the dosing regimen).\n\n(3) The heading, \u201cWhat is (name of drug)?\u201d followed by a section that identifies a drug product's indications for use. The Medication Guide may not identify an indication unless the indication is identified in the indications and usage section of the professional labeling for the product required under \u00a7 201.57 of this chapter. In appropriate circumstances, this section may also explain the nature of the disease or condition the drug product is intended to treat, as well as the benefit(s) of treating the condition.\n\n(4) The heading, \u201cWho should not take (name of drug)?\u201d followed by information on circumstances under which the drug product should not be used for its labeled indication (its contraindications). The Medication Guide shall contain directions regarding what to do if any of the contraindications apply to a patient, such as contacting the licensed practitioner or discontinuing use of the drug product.\n\n(5) The heading, \u201cHow should I take (name of drug)?\u201d followed by information on the proper use of the drug product, such as:\n\n(i) A statement stressing the importance of adhering to the dosing instructions, if this is particularly important;\n\n(ii) A statement describing any special instructions on how to administer the drug product, if they are important to the drug's safety or effectiveness;\n\n(iii) A statement of what patients should do in case of overdose of the drug product; and\n\n(iv) A statement of what patients should do if they miss taking a scheduled dose(s) of the drug product, where there are data to support the advice, and where the wrong behavior could cause harm or lack of effect.\n\n(6) The heading \u201cWhat should I avoid while taking (name of drug)?\u201d followed by a statement or statements of specific, important precautions patients should take to ensure proper use of the drug, including:\n\n(i) A statement that identifies activities (such as driving or sunbathing), and drugs, foods, or other substances (such as tobacco or alcohol) that patients should avoid when using the medication;\n\n(ii) A statement of the risks to mothers and fetuses from the use of the drug during pregnancy, if specific, important risks are known;\n\n(iii) A statement of the risks of the drug product to nursing infants, if specific, important risks are known;\n\n(iv) A statement about pediatric risks, if the drug product has specific hazards associated with its use in pediatric patients;\n\n(v) A statement about geriatric risks, if the drug product has specific hazards associated with its use in geriatric patients; and\n\n(vi) A statement of special precautions, if any, that apply to the safe and effective use of the drug product in other identifiable patient populations.\n\n(7) The heading, \u201cWhat are the possible or reasonably likely side effects of (name of drug)?\u201d followed by:\n\n(i) A statement of the adverse reactions reasonably likely to be caused by the drug product that are serious or occur frequently.\n\n(ii) A statement of the risk, if there is one, of patients' developing dependence on the drug product.\n\n(iii) For drug products approved under section 505 of the act, the following verbatim statement: \u201cCall your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.\u201d\n\n(8) General information about the safe and effective use of prescription drug products, including:\n\n(i) The verbatim statement that \u201cMedicines are sometimes prescribed for purposes other than those listed in a Medication Guide\u201d followed by a statement that patients should ask health professionals about any concerns, and a reference to the availability of professional labeling;\n\n(ii) A statement that the drug product should not be used for a condition other than that for which it is prescribed, or given to other persons;\n\n(iii) The name and place of business of the manufacturer, packer, or distributor of a drug product that is not also a biological product, or the name and place of business of the manufacturer or distributor of a drug product that is also a biological product, and in any case the name and place of business of the dispenser of the product may also be included; and\n\n(iv) The date, identified as such, of the most recent revision of the Medication Guide placed immediately after the last section.\n\n(9) Additional headings and subheadings may be interspersed throughout the Medication Guide, if appropriate."], ["21:21:4.0.1.1.8.2.1.2", 21, "Food and Drugs", "I", "C", "208", "PART 208\u2014MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS", "B", "Subpart B\u2014General Requirements for a Medication Guide", "", "\u00a7 208.24 Distributing and dispensing a Medication Guide.", "FDA", "", "", "", "(a) The manufacturer of a drug product for which a Medication Guide is required under this part shall obtain FDA approval of the Medication Guide before the Medication Guide may be distributed.\n\n(b) Each manufacturer who ships a container of drug product for which a Medication Guide is required under this part is responsible for ensuring that Medication Guides are available for distribution to patients by either:\n\n(1) Providing Medication Guides in sufficient numbers to distributors, packers, or authorized dispensers to permit the authorized dispenser to provide a Medication Guide to each patient receiving a prescription for the drug product; or\n\n(2) Providing the means to produce Medication Guides in sufficient numbers to distributors, packers, or authorized dispensers to permit the authorized dispenser to provide a Medication Guide to each patient receiving a prescription for the drug product.\n\n(c) Each distributor or packer that receives Medication Guides, or the means to produce Medication Guides, from a manufacturer under paragraph (b) of this section shall provide those Medication Guides, or the means to produce Medication Guides, to each authorized dispenser to whom it ships a container of drug product.\n\n(d) The label of each container or package, where the container label is too small, of drug product for which a Medication Guide is required under this part shall instruct the authorized dispenser to provide a Medication Guide to each patient to whom the drug product is dispensed, and shall state how the Medication Guide is provided. These statements shall appear on the label in a prominent and conspicuous manner.\n\n(e) Each authorized dispenser of a prescription drug product for which a Medication Guide is required under this part shall, when the product is dispensed to a patient (or to a patient's agent), provide a Medication Guide directly to each patient (or to the patient's agent) unless an exemption applies under \u00a7 208.26.\n\n(f) An authorized dispenser or wholesaler is not subject to section 510 of the Federal Food, Drug, and Cosmetic Act, which requires the registration of producers of drugs and the listing of drugs in commercial distribution, solely because of an act performed by the authorized dispenser or wholesaler under this part."], ["21:21:4.0.1.1.8.2.1.3", 21, "Food and Drugs", "I", "C", "208", "PART 208\u2014MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS", "B", "Subpart B\u2014General Requirements for a Medication Guide", "", "\u00a7 208.26 Exemptions and deferrals.", "FDA", "", "", "", "(a) FDA on its own initiative, or in response to a written request from an applicant, may exempt or defer any Medication Guide content or format requirement, except those requirements in \u00a7 208.20 (a)(2) and (a)(6), on the basis that the requirement is inapplicable, unnecessary, or contrary to patients' best interests. Requests from applicants should be submitted to the director of the FDA division responsible for reviewing the marketing application for the drug product, or for a biological product, to the application division in the office with product responsibility.\n\n(b) If the licensed practitioner who prescribes a drug product subject to this part determines that it is not in a particular patient's best interest to receive a Medication Guide because of significant concerns about the effect of a Medication Guide, the licensed practitioner may direct that the Medication Guide not be provided to the particular patient. However, the authorized dispenser of a prescription drug product subject to this part shall provide a Medication Guide to any patient who requests information when the drug product is dispensed regardless of any such direction by the licensed practitioner."], ["24:24:2.1.1.2.8.0.153.1", 24, "Housing and Urban Development", "II", "B", "208", "PART 208\u2014ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS", "", "", "", "\u00a7 208.101 Purpose.", "HUD", "", "", "", "The purpose of this part is to require owners of subsidized multifamily projects to electronically submit certain data to HUD for the programs listed in \u00a7 208.104. This electronically submitted data is required by HUD Forms, Owner's Certification of Compliance with Tenant's Eligibility and Rent Procedure, Worksheets to Compute Tenant Payment/Rent (Form HUD-50059 and 50059 Worksheets), and the Monthly Subsidy Billing Forms, Housing Owner's Certification and Application for Housing Assistance Payments (HUD-52670), Schedule of Tenant Assistance Payments Due (HUD-52670A, Part 1), Schedule of section 8 Special Claims (HUD-52670A, Part 2), and Special Claims Worksheets, HUD-52671 A through D), as applicable."], ["24:24:2.1.1.2.8.0.153.2", 24, "Housing and Urban Development", "II", "B", "208", "PART 208\u2014ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS", "", "", "", "\u00a7 208.104 Applicability.", "HUD", "", "", "", "(a) This part applies to HUD administered subsidized multifamily projects, either insured or non-insured, under:\n\n(1) The section 236 Interest Reduction and Rental Assistance Payments program;\n\n(2) The section 8 Housing Assistance Payments Programs, including, but not limited to, section 8 Housing Assistance Payments Programs for New Construction (24 CFR part 880), section 8 Housing Assistance Payments Program for Substantial Rehabilitation (24 CFR part 881), section 8 Housing Assistance Payments Program, New Construction Set-Aside for section 515 Rural Rental Housing Projects (24 CFR part 884); Loans for Housing for the Elderly or Handicapped (24 CFR part 885) and section 8 Loan Management and Property Disposition Set-aside program (24 CFR part 886);\n\n(3) The section 221(d)(3) Below Market Interest Rate Housing for Low and Moderate Income Mortgage Insurance program (24 CFR part 221); and\n\n(4) The section 101 Rent Supplement program (24 CFR part 215).\n\n(b) This part applies to those multifamily projects having subsidy contracts, either insured or non-insured, where State housing finance and development agencies and other Public Housing Agencies are the subsidy contract administrator under:\n\n(1) The section 236 Interest Reduction and Rental Assistance Payments program (24 CFR part 236);\n\n(2) The section 8 Housing Assistance Payments Programs, including, but not limited to, section 8 Housing Assistance Payments Program for New Construction (24 CFR part 880), section 8 Housing Assistance Payments Program for Substantial Rehabilitation (24 CFR part 881), and section 8 Housing Assistance Payments Program, New Construction Set-Aside for section 515 Rural Rental Housing Projects (24 CFR part 884);\n\n(3) The section 221(d)(3) Below Market Interest Rate Housing for Low and Moderate Income Mortgage Insurance Program (24 CFR part 221); and\n\n(4) The section 101 Rent Supplement program (24 CFR part 215).\n\n(c) This part applies to all other subsidized section 202 projects, which include: section 202 projects with rent supplement or loan management set aside, section 202 projects with section 162 assistance, and section 202 Supportive Housing for the Elderly. This part also applies to section 811 Supportive Housing for Persons With Disabilities.\n\n(d) This part does not apply to the section 8 Existing Housing Program or the Moderate Rehabilitation program."], ["24:24:2.1.1.2.8.0.153.3", 24, "Housing and Urban Development", "II", "B", "208", "PART 208\u2014ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS", "", "", "", "\u00a7 208.108 Requirements.", "HUD", "", "", "[58 FR 61022, Nov. 19, 1993, as amended at 59 FR 43474, Aug. 24, 1994]", "(a)  Projects specified in \u00a7 208.104(a) that are automated.  Project owners of applicable projects under \u00a7 208.104(a) who currently use an automated software package to process certifications and recertifications and to provide subsidy billings to HUD must update their software packages and begin electronic transmission of that data in a HUD specified format by March 21, 1994. These project owners are required to transmit data collected for the 12 months preceding March 21, 1994, as well as data collected on or after this date. Data collected for the 12 months preceding March 21, 1994, is to include only the tenant's most recent \u201ccomplete certification\u201d (move-in, initial certification, interim recertification, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and partial certifications must be transmitted.\n\n(b)  Projects specified in \u00a7 208.104(a) that are not automated.  Nonautomated project owners and agents (those owners and agents that currently prepare the certification, recertification, and subsidy billing forms manually) of applicable projects under \u00a7 208.104(a) must:\n\n(1) Complete the search and either obtain the necessary hardware or software, or sign service contracts;\n\n(2) Complete their data loading; and\n\n(3) Begin electronic transmission by May 20, 1994. These project owners are required to transmit data collected for the 12 months preceding May 20, 1994, as well as data collected on or after this date. Data collected for the 12 months preceding May 20, 1994, is to include only the tenant's most recent \u201ccomplete certification\u201d (move-in, initial certification, interim recertification, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and partial certifications must be transmitted.\n\n(c)  Projects specified in \u00a7 208.104(b) \u2014(1)  Project owners.  Project owners of applicable projects under \u00a7 208.104(b) must electronically transmit data for certification, recertification and subsidy billing procedures in a HUD specified format to the contract administrator. These project owners are required to transmit data collected for the 12 months preceding September 23, 1994, as well as data collected on or after that date. Data collected for the 12 months preceding September 23, 1994 is to include only the tenant's most recent \u201ccomplete certification\u201d (move-in, initial certification, interim recertification, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and partial certifications must be transmitted.\n\n(2)  Contract administrators.  State housing finance and development agencies and Public Housing Agencies that serve as the subsidy contract administrator must accept the electronic transmission of the HUD forms listed below in \u00a7 208.108(e) from the projects they administer, and electronically transmit that data to HUD in a HUD specified format after appropriate review and correction of the data.\n\n(d)  Projects specified in \u00a7 208.104(c).  Project owners of applicable projects under \u00a7 208.104(c) must electronically transmit data for certification, recertification and subsidy billing procedures to HUD in a HUD specified format. In the case of partially assisted section 202 projects, owners are required to electronically transmit data only for subsidized units. These project owners are required to transmit data collected for the 12 months preceding the effective date of the rule, as well as data collected on or after the effective date of the rule. Data collected for the 12 months preceding September 23, 1994 is to include only the tenant's most recent \u201ccomplete certification\u201d (move-in, initial certification, interim recertification, or annual recertification). When the most recent certification for a tenant is a partial certification (gross rent change, unit transfer, or correction), both the complete and partial certifications must be transmitted.\n\n(e)  Data to be transmitted.  Electronic transmission consists of data transmitted from the HUD-50059, 50059 worksheets, 52670 and 52670A, Parts 1 and 2 and 52671 A through D correctly formatted in accord with the HUD data requirements and in lieu of the hard copy forms."], ["24:24:2.1.1.2.8.0.153.4", 24, "Housing and Urban Development", "II", "B", "208", "PART 208\u2014ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS", "", "", "", "\u00a7 208.112 Cost.", "HUD", "", "", "[58 FR 61022, Nov. 19, 1993, as amended at 59 FR 43475, Aug. 24, 1994]", "(a) The costs of the electronic transmission of the correctly formatted data, including either the purchase and maintenance of computer hardware or software, or both, the cost of contracting for those services, or the cost of centralizing the electronic transmission function, shall be considered project operating costs to be paid from project income, and considered project operating costs for the purpose of processing and approving requests for HUD approval of rent increases.\n\n(b) At the owner's option, the cost of the computer software may include service contracts to provide maintenance or training, or both. Regardless of whether an owner obtains service contracts to provide maintenance or training or both, the software must be updated to incorporate changes or revisions in legislation, regulations, handbooks, notices or HUD electronic transmission data format requirements.\n\n(c) The source of funds for the purchase of hardware or software, or contracting for services for electronic transmission, may include current project operating income; an expense item in processing rent increases; a loan from the Reserve for Replacement Account, or a release from the Residual Receipts Account.\n\n(d) A loan from the Reserve for Replacements Account must be repaid within a five year period from the release date.\n\n(e) Owners of smaller projects or partially assisted projects with few subsidized units and CAs that administer no more than one project that determine that the purchase of hardware and/or software is not cost effective may contract out the electronic data transmission function to organizations that provide such services, including, but not limited to the following organizations: local management agents, local management associations and management agents with centralized facilities. Owners of multiple projects may centralize the electronic transmission function. However, owners that contract out or centralize the electronic transmission function are required to retain the ability to monitor the day-to-day operations of the project at the project site and be able to demonstrate that ability to the relevant HUD field office."], ["33:33:3.0.1.1.4.0.1.1", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.10 Local flood protection works; maintenance and operation of structures and facilities.", "USACE", "", "", "[9 FR 9999, Aug. 17, 1944; 9 FR 10203, Aug. 22, 1944]", "(a)  General.  (1) The structures and facilities constructed by the United States for local flood protection shall be continuously maintained in such a manner and operated at such times and for such periods as may be necessary to obtain the maximum benefits.\n\n(2) The State, political subdivision thereof, or other responsible local agency, which furnished assurance that it will maintain and operate flood control works in accordance with regulations prescribed by the Secretary of the Army, as required by law, shall appoint a permanent committee consisting of or headed by an official hereinafter called the \u201cSuperintendent,\u201d who shall be responsible for the development and maintenance of, and directly in charge of, an organization responsible for the efficient operation and maintenance of all of the structures and facilities during flood periods and for continuous inspection and maintenance of the project works during periods of low water, all without cost to the United States.\n\n(3) A reserve supply of materials needed during a flood emergency shall be kept on hand at all times.\n\n(4) No encroachment or trespass which will adversely affect the efficient operation or maintenance of the project works shall be permitted upon the rights-of-way for the protective facilities.\n\n(5) No improvement shall be passed over, under, or through the walls, levees, improved channels or floodways, nor shall any excavation or construction be permitted within the limits of the project right-of-way, nor shall any change be made in any feature of the works without prior determination by the District Engineer of the Department of the Army or his authorized representative that such improvement, excavation, construction, or alteration will not adversely affect the functioning of the protective facilities. Such improvements or alterations as may be found to be desirable and permissible under the above determination shall be constructed in accordance with standard engineering practice. Advice regarding the effect of proposed improvements or alterations on the functioning of the project and information concerning methods of construction acceptable under standard engineering practice shall be obtained from the District Engineer or, if otherwise obtained, shall be submitted for his approval. Drawings or prints showing such improvements or alterations as finally constructed shall be furnished the District Engineer after completion of the work.\n\n(6) It shall be the duty of the superintendent to submit a semiannual report to the District Engineer covering inspection, maintenance, and operation of the protective works.\n\n(7) The District Engineer or his authorized representatives shall have access at all times to all portions of the protective works.\n\n(8) Maintenance measures or repairs which the District Engineer deems necessary shall be promptly taken or made.\n\n(9) Appropriate measures shall be taken by local authorities to insure that the activities of all local organizations operating public or private facilities connected with the protective works are coordinated with those of the Superintendent's organization during flood periods.\n\n(10) The Department of the Army will furnish local interests with an Operation and Maintenance Manual for each completed project, or separate useful part thereof, to assist them in carrying out their obligations under this part.\n\n(b)  Levees \u2014(1)  Maintenance.  The Superintendent shall provide at all times such maintenance as may be required to insure serviceability of the structures in time of flood. Measures shall be taken to promote the growth of sod, exterminate burrowing animals, and to provide for routine mowing of the grass and weeds, removal of wild growth and drift deposits, and repair of damage caused by erosion or other forces. Where practicable, measures shall be taken to retard bank erosion by planting of willows or other suitable growth on areas riverward of the levees. Periodic inspections shall be made by the Superintendent to insure that the above maintenance measures are being effectively carried out and, further, to be certain that:\n\n(i) No unusual settlement, sloughing, or material loss of grade or levee cross section has taken place;\n\n(ii) No caving has occurred on either the land side or the river side of the levee which might affect the stability of the levee section;\n\n(iii) No seepage, saturated areas, or sand boils are occurring;\n\n(iv) Toe drainage systems and pressure relief wells are in good working condition, and that such facilities are not becoming clogged;\n\n(v) Drains through the levees and gates on said drains are in good working condition;\n\n(vi) No revetment work or riprap has been displaced, washed out, or removed;\n\n(vii) No action is being taken, such as burning grass and weeds during inappropriate seasons, which will retard or destroy the growth of sod;\n\n(viii) Access roads to and on the levee are being properly maintained;\n\n(ix) Cattle guards and gates are in good condition;\n\n(x) Crown of levee is shaped so as to drain readily, and roadway thereon, if any, is well shaped and maintained;\n\n(xi) There is no unauthorized grazing or vehicular traffic on the levees;\n\n(xii) Encroachments are not being made on the levee right-of-way which might endanger the structure or hinder its proper and efficient functioning during times of emergency.\n\nSuch inspections shall be made immediately prior to the beginning of the flood season; immediately following each major high water period, and otherwise at intervals not exceeding 90 days, and such intermediate times as may be necessary to insure the best possible care of the levee. Immediate steps will be taken to correct dangerous conditions disclosed by such inspections. Regular maintenance repair measures shall be accomplished during the appropriate season as scheduled by the Superintendent.\n\n(2)  Operation.  During flood periods the levee shall be patrolled continuously to locate possible sand boils or unusual wetness of the landward slope and to be certain that:\n\n(i) There are no indications of slides or sloughs developing;\n\n(ii) Wave wash or scouring action is not occurring;\n\n(iii) No low reaches of leave exist which may be overtopped;\n\n(iv) No other conditions exist which might endanger the structure.\n\nAppropriate advance measures will be taken to insure the availability of adequate labor and materials to meet all contingencies. Immediate steps will be taken to control any condition which endangers the levee and to repair the damaged section.\n\n(c)  Flood walls \u2014(1)  Maintenance.  Periodic inspections shall be made by the Superintendent to be certain that:\n\n(i) No seepage, saturated areas, or sand boils are occurring;\n\n(ii) No undue settlement has occurred which affects the stability of the wall or its water tightness;\n\n(iii) No trees exist, the roots of which might extend under the wall and offer accelerated seepage paths;\n\n(iv) The concrete has not undergone cracking, chipping, or breaking to an extent which might affect the stability of the wall or its water tightness;\n\n(v) There are no encroachments upon the right-of-way which might endanger the structure or hinder its functioning in time of flood;\n\n(vi) Care is being exercised to prevent accumulation of trash and debris adjacent to walls, and to insure that no fires are being built near them;\n\n(vii) No bank caving conditions exist riverward of the wall which might endanger its stability;\n\n(viii) Toe drainage systems and pressure relief wells are in good working condition, and that such facilities are not becoming clogged.\n\nSuch inspections shall be made immediately prior to the beginning of the flood season, immediately following each major high water period, and otherwise at intervals not exceeding 90 days. Measures to eliminate encroachments and effect repairs found necessary by such inspections shall be undertaken immediately. All repairs shall be accomplished by methods acceptable in standard engineering practice.\n\n(2)  Operation.  Continuous patrol of the wall shall be maintained during flood periods to locate possible leakage at monolith joints or seepage underneath the wall. Floating plant or boats will not be allowed to lie against or tie up to the wall. Should it become necessary during a flood emergency to pass anchor cables over the wall, adequate measures shall be taken to protect the concrete and construction joints. Immediate steps shall be taken to correct any condition which endangers the stability of the wall.\n\n(d)  Drainage structures \u2014(1)  Maintenance.  Adequate measures shall be taken to insure that inlet and outlet channels are kept open and that trash, drift, or debris is not allowed to accumulate near drainage structures. Flap gates and manually operated gates and valves on drainage structures shall be examined, oiled, and trial operated at least once every 90 days. Where drainage structures are provided with stop log or other emergency closures, the condition of the equipment and its housing shall be inspected regularly and a trial installation of the emergency closure shall be made at least once each year. Periodic inspections shall be made by the Superintendent to be certain that:\n\n(i) Pipes, gates, operating mechanism, riprap, and headwalls are in good condition;\n\n(ii) Inlet and outlet channels are open;\n\n(iii) Care is being exercised to prevent the accumulation of trash and debris near the structures and that no fires are being built near bituminous coated pipes;\n\n(iv) Erosion is not occurring adjacent to the structure which might endanger its water tightness or stability.\n\nImmediate steps will be taken to repair damage, replace missing or broken parts, or remedy adverse conditions disclosed by such inspections.\n\n(2)  Operation.  Whenever high water conditions impend, all gates will be inspected a short time before water reaches the invert of the pipe and any object which might prevent closure of the gate shall be removed. Automatic gates shall be closely observed until it has been ascertained that they are securely closed. Manually operated gates and valves shall be closed as necessary to prevent inflow of flood water. All drainage structures in levees shall be inspected frequently during floods to ascertain whether seepage is taking place along the lines of their contact with the embankment. Immediate steps shall be taken to correct any adverse condition.\n\n(e)  Closure structures \u2014(1)  Maintenance.  Closure structures for traffic openings shall be inspected by the Superintendent every 90 days to be certain that:\n\n(i) No parts are missing;\n\n(ii) Metal parts are adequately covered with paint;\n\n(iii) All movable parts are in satisfactory working order;\n\n(iv) Proper closure can be made promptly when necessary;\n\n(v) Sufficient materials are on hand for the erection of sand bag closures and that the location of such materials will be readily accessible in times of emergency.\n\nTools and parts shall not be removed for other use. Trial erections of one or more closure structures shall be made once each year, alternating the structures chosen so that each gate will be erected at least once in each 3-year period. Trial erection of all closure structures shall be made whenever a change is made in key operating personnel. Where railroad operation makes trial erection of a closure structure infeasible, rigorous inspection and drill of operating personnel may be substituted therefor. Trial erection of sand bag closures is not required. Closure materials will be carefully checked prior to and following flood periods, and damaged or missing parts shall be repaired or replaced immediately.\n\n(2)  Operation.  Erection of each movable closure shall be started in sufficient time to permit completion before flood waters reach the top of the structure sill. Information regarding the proper method of erecting each individual closure structure, together with an estimate of the time required by an experienced crew to complete its erection will be given in the Operation and Maintenance Manual which will be furnished local interests upon completion of the project. Closure structures will be inspected frequently during flood periods to ascertain that no undue leakage is occurring and that drains provided to care for ordinary leakage are functioning properly. Boats or floating plant shall not be allowed to tie up to closure structures or to discharge passengers or cargo over them.\n\n(f)  Pumping plants \u2014(1)  Maintenance.  Pumping plants shall be inspected by the Superintendent at intervals not to exceed 30 days during flood seasons and 90 days during off-flood seasons to insure that all equipment is in order for instant use. At regular intervals, proper measures shall be taken to provide for cleaning plant, buildings, and equipment, repainting as necessary, and lubricating all machinery. Adequate supplies of lubricants for all types of machines, fuel for gasoline or diesel powered equipment, and flash lights or lanterns for emergency lighting shall be kept on hand at all times. Telephone service shall be maintained at pumping plants. All equipment, including switch gear, transformers, motors, pumps, valves, and gates shall be trial operated and checked at least once every 90 days. Megger tests of all insulation shall be made whenever wiring has been subjected to undue dampness and otherwise at intervals not to exceed one year. A record shall be kept showing the results of such tests. Wiring disclosed to be in an unsatisfactory condition by such tests shall be brought to a satisfactory condition or shall be promptly replaced. Diesel and gasoline engines shall be started at such intervals and allowed to run for such length of time as may be necessary to insure their serviceability in times of emergency. Only skilled electricians and mechanics shall be employed on tests and repairs. Operating personnel for the plant shall be present during tests. Any equipment removed from the station for repair or replacement shall be returned or replaced as soon as practicable and shall be trial operated after reinstallation. Repairs requiring removal of equipment from the plant shall be made during off-flood seasons insofar as practicable.\n\n(2)  Operation.  Competent operators shall be on duty at pumping plants whenever it appears that necessity for pump operation is imminent. The operator shall thoroughly inspect, trial operate, and place in readiness all plant equipment. The operator shall be familiar with the equipment manufacturers' instructions and drawings and with the \u201cOperating Instructions\u201d for each station. The equipment shall be operated in accordance with the above-mentioned \u201cOperating Instructions\u201d and care shall be exercised that proper lubrication is being supplied all equipment, and that no overheating, undue vibration or noise is occurring. Immediately upon final recession of flood waters, the pumping station shall be thoroughly cleaned, pump house sumps flushed, and equipment thoroughly inspected, oiled and greased. A record or log of pumping plant operation shall be kept for each station, a copy of which shall be furnished the District Engineer following each flood.\n\n(g)  Channels and floodways \u2014(1)  Maintenance.  Periodic inspections of improved channels and floodways shall be made by the Superintendent to be certain that:\n\n(i) The channel or floodway is clear of debris, weeds, and wild growth;\n\n(ii) The channel or floodway is not being restricted by the depositing of waste materials, building of unauthorized structures or other encroachments;\n\n(iii) The capacity of the channel or floodway is not being reduced by the formation of shoals;\n\n(iv) Banks are not being damaged by rain or wave wash, and that no sloughing of banks has occurred;\n\n(v) Riprap sections and deflection dikes and walls are in good condition;\n\n(vi) Approach and egress channels adjacent to the improved channel or floodway are sufficiently clear of obstructions and debris to permit proper functioning of the project works.\n\nSuch inspections shall be made prior to the beginning of the flood season and otherwise at intervals not to exceed 90 days. Immediate steps will be taken to remedy any adverse conditions disclosed by such inspections. Measures will be taken by the Superintendent to promote the growth of grass on bank slopes and earth deflection dikes. The Superintendent shall provide for periodic repair and cleaning of debris basins, check dams, and related structures as may be necessary.\n\n(2)  Operation.  Both banks of the channel shall be patrolled during periods of high water, and measures shall be taken to protect those reaches being attacked by the current or by wave wash. Appropriate measures shall be taken to prevent the formation of jams of ice or debris. Large objects which become lodged against the bank shall be removed. The improved channel or floodway shall be thoroughly inspected immediately following each major high water period. As soon as practicable thereafter, all snags and other debris shall be removed and all damage to banks, riprap, deflection dikes and walls, drainage outlets, or other flood control structures repaired.\n\n(h)  Miscellaneous facilities \u2014(1)  Maintenance.  Miscellaneous structures and facilities constructed as a part of the protective works and other structures and facilities which function as a part of, or affect the efficient functioning of the protective works, shall be periodically inspected by the Superintendent and appropriate maintenance measures taken. Damaged or unserviceable parts shall be repaired or replaced without delay. Areas used for ponding in connection with pumping plants or for temporary storage of interior run-off during flood periods shall not be allowed to become filled with silt, debris, or dumped material. The Superintendent shall take proper steps to prevent restriction of bridge openings and, where practicable, shall provide for temporary raising during floods of bridges which restrict channel capacities during high flows.\n\n(2)  Operation.  Miscellaneous facilities shall be operated to prevent or reduce flooding during periods of high water. Those facilities constructed as a part of the protective works shall not be used for purposes other than flood protection without approval of the District Engineer unless designed therefor."], ["33:33:3.0.1.1.4.0.1.10", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.32 Sanford Dam and Lake Meredith, Canadian River, Tex.", "USACE", "", "", "[31 FR 7751, June 1, 1966]", "The Bureau of Reclamation, or its designated agent, shall operate the Sanford Dam and Lake Meredith in the interest of flood control as follows:\n\n(a) Flood control storage in the reservoir, Lake Meredith, between elevation 2941.3 (top of conservation pool) and elevation 2965.0 (top of flood control pool) initially amounts to 462,100 acre-feet. Whenever the reservoir level is within this elevation range, the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. All flood control releases shall be made in amounts which, when combined with local inflow below the dam, will not produce flows in excess of bankfull on the Canadian River downstream of the reservoir. In order to accomplish this purpose, flows shall not exceed 25,000 c.f.s. at the Sanford Dam site or an 8.0-foot stage (75,000 c.f.s.) on the U.S.G.S. gage on the Canadian River near Canadian, Tex., river mile 433.9.\n\n(b) When the reservoir level exceeds elevation 2965.0 (top of flood control pool) releases shall be made at the maximum rate possible through the flood control outlet works, the river outlet works and the uncontrolled spillway and continue until the pool level recedes to elevation 2965.0 when releases will be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation, or its designated agent in immediate charge of operation of the Sanford Dam will furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer for this purpose showing the pool elevation; the number of flood control outlet works gates in operation with their respective openings and releases; the uncontrolled spillway release; and the municipal outlet works release; storage; tailwater elevation; reservoir inflow; available evaporation data; and precipitation in inches. Normally a reading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for each day. Readings of all items except evaporation shall be shown for at least four observations a day when the reservoir level is at or above elevation 2941.3. Whenever the reservoir level rises to elevation 2941.3 and releases for flood regulation are necessary or appear imminent, the representative of the Bureau of Reclamation, or its designated agent, shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, will report once daily thereafter in that manner until the reservoir level recedes to elevation 2941.3. These latter reports shall reach the District Engineer by 9 a.m. each day.\n\n(d) The regulations of this section, insofar as they govern use of the flood control storage capacity above elevation 2941.3, are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation and its designated agent in immediate charge of operation of the Sanford Dam by the best available means of communication, and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, and his designated agent, with a copy to the representative in charge of the Sanford Dam.\n\n(e) Flood control operation shall not restrict pumping necessary for municipal and industrial uses and releases necessary for downstream users.\n\n(f) Release made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage or inconsistent with the safe routing of the inflow design flood (spillway design flood).\n\n(g) The discharge characteristics of the flood control outlet works (capable of discharging approximately 22,000 c.f.s. with the reservoir level at elevation 2941.3) shall be maintained in accordance with the construction plans (Bureau of Reclamation Specifications No. DC-5725 as modified by revised drawings and criteria in Designers' Operating Criteria, Sanford Dam, dated October 1965).\n\n(h) All elevations stated in this section are at Sanford Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.11", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.33 Cheney Dam and Reservoir, North Fork of Ninnescah River, Kans.", "USACE", "", "", "[31 FR 7751, June 1, 1966]", "The Bureau of Reclamation, or its designated agent, shall operate the Cheney Dam and Reservoir in the interest of flood control as follows:\n\n(a) Flood control storage in the reservoir is the capacity between elevation 1421.6 (top of the conservation pool) and elevation 1429.0 (top of the flood control pool), and initially amounts to 80,860 acre-feet. Whenever the reservoir level is within this range the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. All flood control releases shall be made in amounts which, when combined with local inflow below the dam, will not produce flows in excess of bankfull on the North Fork of Ninnescah and Ninnescah River downstream of the reservoir and on the Arkansas River to Arkansas City, Kans. In order to accomplish this, flows shall not exceed a 90-foot stage (2,500 c.f.s.) on the U.S.G.S. gage on North Fork of Ninnescah River near Cheney, Kans., river mile 8.8; a 12-foot stage (7,000 c.f.s.) on the U.S.G.S. gage on Ninnescah River near Peck, Kans., river mile 31.6; and a 16-foot stage (18,000 c.f.s.) on the U.S.W.B. gage on Arkansas River at Arkansas City, Kans., river mile 701.4.\n\n(b) When the reservoir level exceeds elevation 1429.0 (top of flood control pool), releases shall be made at the maximum rate possible through the river outlet works and the uncontrolled spillway and continued until the pool recedes to elevation 1429.0 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation or its designated agent in immediate charge of operation of the Cheney Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer for this purpose, showing the pool elevation; the number of river outlet works gates in operation with their respective openings and releases; uncontrolled spillway release; municipal pumping rate; storage; tailwater elevation; reservoir inflow; available evaporation data; and precipitation in inches. Normally, a reading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for each day. Whenever the reservoir pool rises to elevation 1421.6 and releases for flood regulation are necessary or appear imminent, the representative of the Bureau of Reclamation or its designated agent, shall report at once to the District Engineer by telephone or telegraph, and, unless otherwise instructed, shall report once daily thereafter in that manner until the reservoir pool recedes to elevation 1421.6. These latter reports shall reach the District Engineer by 9 a.m. each day.\n\n(d) The regulations of this section, insofar as they govern use of flood control storage capacity above elevation 1421.6, are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation and its designated agent in immediate charge of operations of the Cheney Dam by any available means of communication, and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, and his designated agent, with a copy to the representative in charge of the Cheney Dam.\n\n(e) Flood control operation shall not restrict pumping necessary for municipal and industrial uses and releases necessary for downstream users.\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage or inconsistent with the safe routing of the inflow design flood (spillway design flood).\n\n(g) The discharge characteristics of the river outlet works (capable of discharging approximately 3,590 c.f.s. with the reservoir level at elevation 1421.6) shall be maintained in accordance with the construction plans (Bureau of Reclamation Specifications No. DC-5744 as modified by revised drawings and criteria in Designers' Operating Criteria, Cheney Dam, dated November 1964).\n\n(h) All elevations stated in this section are at Cheney Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.12", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.34 Norman Dam and Lake Thunderbird, Little River, Okla.", "USACE", "", "", "[34 FR 4967, Mar. 7, 1969]", "The Bureau of Reclamation, or its designated agent, shall operate Norman Dam and Lake Thunderbird in the interest of flood control as follows:\n\n(a) Flood control storage in Lake Thunderbird between elevation 1039 (top of the conservation pool) and elevation 1049.4 (top of flood control pool) initially amounts to 76,600 acre-feet. Whenever the reservoir level is within this elevation range the flood control discharge facilities at Norman Dam shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. In order to accomplish this purpose, flood control releases shall be limited to amounts which, when combined with local inflows below the dam, will not produce flows in excess of bankfull on the Little River downstream of the reservoir. Controlling bankfull stages and corresponding flows, as presently estimated, are as follows: A 7.5-foot stage (1,800 c.f.s.) on the U.S.G.S. gage on Little River near Tecumseh, Okla., river mile 77.2 and a 17-foot stage (6,500 c.f.s.) on the U.S.G.S. gage on Little River near Sasakwa, Okla., river mile 24.1.\n\n(b) When the reservoir level in Lake Thunderbird exceeds elevation 1049.4 (top of flood control pool), releases shall be made at the maximum rate possible through the river outlet works and the uncontrolled spillway and continued until the pool recedes to elevation 1049.4 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation or its designated agent in immediate charge of operation of the Norman Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer showing the pool elevation; the number of river outlet works gates in operation with their respective openings and releases; uncontrolled spillway release; municipal pumping rate; storage; tail water elevation; reservoir inflow; available evaporation data; and precipitation in inches. Normally, a reading at 8 a.m., noon, 4 p.m. and midnight, shall be shown for each day. Whenever the reservoir level rises to elevation 1039 and releases for flood regulation are necessary or appear imminent, the representative of the Bureau of Reclamation or its designated agent, shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, shall report once daily thereafter in that manner until the reservoir level recedes to elevation 1039. These latter reports shall reach the District Engineer by 9 a.m. each day.\n\n(d) The regulations of this section, insofar as they govern use of flood control storage capacity above elevation 1039.0, are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation and its designated agent in immediate charge of operations of the Norman Dam by any available means of communication, and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, and his designated agent, with a copy to the representative in charge of the Norman Dam.\n\n(e) Flood control operation shall not restrict pumping necessary for municipal and industrial uses and releases necessary for downstream users.\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage or inconsistent with the safe routing of the inflow design flood (spillway design flood).\n\n(g) The discharge characteristics of the river outlet works (capable of discharging approximately 5,400 c.f.s. with the reservoir level at elevation 1039.0) shall be maintained in accordance with the construction plans (Bureau of Reclamation Specifications No. DC-5793 as revised by the \u201cas built drawings\u201d).\n\n(h) All elevations stated in this section are at Norman Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.13", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.82 Hetch Hetchy, Cherry Valley, and Don Pedro Dams and Reservoirs.", "USACE", "", "", "[21 FR 2682, Apr. 26, 1956]", "The Turlock Irrigation District and Modesto Irrigation District, acting jointly, hereinafter called the Districts, shall operate Don Pedro Dam and Reservoir in the interest of flood control, and the City and County of San Francisco, hereinafter called the City, shall operate Hetch Hetchy Dam and Reservoir and Cherry Valley Dam and Reservoir in the interest of flood control all as follows:\n\n(a) Storage space in Don Pedro Reservoir shall be kept available for flood-control purposes in accordance with the Flood-Control Storage Reservation Diagram currently in force for that reservoir, except when storage of floodwater is necessary as prescribed in paragraph (d) of this section. The Flood-Control Storage Reservation Diagram in force as of the promulgation of this section is that dated 4 April 1956, File No. TU-1-26-7, and is on file in the Office of the Chief of Engineers, Department of the Army, Washington, D.C., in the office of the Turlock Irrigation District, Turlock, California, and in the office of the Modesto Irrigation District, Modesto, California. Revisions of the Flood-Control Storage Reservation Diagram may be developed from time to time as necessary by the Corps of Engineers and the Districts. Each such revision shall be effective upon the date specified in the approval thereof by the Chief of Engineers and by the presidents of the Districts and from that date until replaced shall be the Flood-Control Storage Reservation Diagram currently in force for the purpose of this section. Copies of the Flood-Control Storage Reservation Diagram currently in force shall be kept on file in and may be obtained from the office of the District Engineer, Corps of Engineers, in charge of the locality, the office of the Turlock Irrigation District, Turlock, California, and the office of the Modesto Irrigation District, Modesto, California.\n\n(b) Storage space in Hetch Hetchy Reservoir shall be kept available for flood-control purposes in accordance with the Flood-Control Storage Reservation Diagram for that reservoir currently in force, except when storage of floodwater is necessary as prescribed in paragraph (e) of this section. The Flood-Control Storage Reservation Diagram in force as of the promulgation of this section is that dated April 4, 1956, File No. TU-3-26-1, and is on file in the Office. Chief of Engineers, Department of the Army, Washington, D.C., and in the office of the Public Utilities Commission of the City and County of San Francisco, California. Revisions of the Flood-Control Storage Reservation Diagram may be developed from time to time as necessary by the Corps of Engineers and the City. Each such revision shall be effective upon the date specified in the approval thereof by the Chief of Engineers and by the Public Utilities Commission of the City and County of San Francisco, California, and from that date until replaced shall be the Flood-Control Storage Reservation Diagram currently in force for the purpose of this section. Copies of the Flood-Control Storage Reservation Diagram currently in force shall be kept on file in and may be obtained from the office of the District Engineer, Corps of Engineers, in charge of the locality, and the office of the Public Utilities Commission of the City and County of San Francisco, California.\n\n(c) Storage space in Cherry Valley Reservoir shall be kept available for flood-control purposes in accordance with the Flood-Control Reservation Diagram currently in force for that reservoir except when storage of floodwater is necessary as prescribed in paragraph (e) of this section. The Flood-Control Storage Reservoir Diagram in force as of the promulgation of this section is that dated April 4, 1956, File No. TU-2-26-6, and is on file in the Office, Chief of Engineers, Corps of Engineers, Department of the Army, Washington, D.C., and in the office of the Public Utilities Commission of the City and County of San Francisco, California. Revisions of the Flood-Control Storage Reservation Diagram may be developed from time to time as necessary by the Corps of Engineers and the City. Each such revision shall be effective upon the date specified in the approval thereof by the Chief of Engineers and by the Public Utilities Commission of the City and County of San Francisco, California, and from that date until replaced shall be the Flood-Control Storage Reservation Diagram currently in force for the purpose of this section. Copies of the Flood-Control Storage Reservation Diagram currently in force shall be kept on file in and may be obtained from the office of the District Engineer, Corps of Engineers, in charge of the locality, and the office of the Public Utilities Commission of the City and County of San Francisco, California.\n\n(d) Any water temporarily stored in the flood-control space indicated by the Flood-Control Storage Reservation Diagram currently in force for Don Pedro Reservoir shall be released as rapidly as can be accomplished without causing flows in Tuolumne River below LaGrange Dam to exceed 7,000 c.f.s. during rain floods or to exceed 9,000 c.f.s. at all other times.\n\n(e) Any water temporarily stored in the flood-control space indicated by the Flood-Control Storage Reservation Diagrams currently in force for Hetch Hetchy and Cherry Valley Reservoirs shall be released as rapidly as can be accomplished without exceeding the respective safe channel capacities, and without materially contributing to major encroachment into the flood-control space at Don Pedro Reservoir. Such releases shall be proportioned between Hetch Hetchy and Cherry Valley Reservoirs in such manner as to assure that the percentage of encroachment into the flood-control space at the two reservoirs will tend toward equality insofar as possible. Whenever the storage space in Don Pedro Reservoir is less than 90 percent of that indicated by the Flood-Control Storage Reservation Diagram currently in force for that reservoir, releases from Hetch Hetchy and Cherry Valley Reservoirs shall be restricted to those required in connection with the generation of hydroelectric power in the power system of the City and in connection with diversion into the water supply system of the City.\n\n(f) In the event that the water level in Don Pedro Reservoir rises above elevation 605.55 at the dam (top of spillway gates), subsequent operation of the dam shall be such as to cause downstream flows to exceed as little as possible the criteria prescribed in paragraph (d) of this section, and in no event to cause the maximum subsequent release from the reservoir to exceed the estimated maximum subsequent inflow to the reservoir.\n\n(g) In the event that the water level in Hetch Hetchy Reservoir rises above elevation 3806 at the dam (top of spillway gates), subsequent operation of the dam shall be such as to cause downstream flows to exceed as little as possible the criteria prescribed in paragraph (e) of this section, and in no event to cause the maximum subsequent release from the reservoir to exceed the estimated maximum subsequent inflow to the reservoir.\n\n(h) In the event that the water level in Cherry Valley Reservoir rises above elevation 4700 at the dam (spillway crest), subsequent operation of the dam shall be such as to cause downstream flows to exceed as little as possible the criteria prescribed in paragraph (e) of this section, and in no event to cause the maximum subsequent release from the reservoir to exceed the estimated maximum subsequent inflow to the reservoir.\n\n(i) Nothing in the regulations of this section shall be construed to require dangerously rapid changes in magnitudes of releases from any of the reservoirs.\n\n(j) The Districts shall procure such current basic hydrologic data, make such current determinations of required flood-control storage reservation in Don Pedro Reservoir, and current calculations of permissible releases from Don Pedro Reservoir as are required to accomplish the flood-control objectives of the regulations of this section.\n\n(k) The City shall procure such current basic hydrologic data, and make such current calculations of permissible releases from Hetch Hetchy and Cherry Valley Reservoirs as are required to accomplish the flood-control objectives of the regulations of this section.\n\n(l) The City shall keep the District Engineer, Corps of Engineers, in charge of the locality, and the Districts currently advised of reservoir releases, reservoir storages, basic operating criteria which affect the schedule of operations, and such other operating data as the District Engineer, Corps of Engineers, may request for Hetch Hetchy, Eleanor, and Cherry Valley Reservoirs.\n\n(m) The Districts shall keep the District Engineer, Corps of Engineers, in charge of the locality, and the City currently advised of reservoir releases, reservoir storages, basic operating criteria which affect the schedule of operations, and such other operating data as the District Engineer, Corps of Engineers, may request for Don Pedro Reservoir.\n\n(n) The flood-control regulations of this section are subject to temporary modification by the District Engineer, Corps of Engineers, if found necessary in time of flood emergency. Request for and action on such modifications may be made by any available means of communication, and such action shall be confirmed in writing under date of same day to the operating agency for the reservoir affected."], ["33:33:3.0.1.1.4.0.1.2", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.11 Regulations for use of storage allocated for flood control or navigation and/or project operation at reservoirs subject to prescription of rules and regulations by the Secretary of the Army in the interest of flood control and navigation.", "USACE", "", "", "[43 FR 47184, Oct. 13, 1978, as amended at 46 FR 58075, Nov. 30, 1981; 55 FR 21508, May 24, 1990; 79 FR 13564, Mar. 11, 2014]", "(a)  Purpose.  This regulation prescribes the responsibilities and general procedures for regulating reservoir projects capable of regulation for flood control or navigation and the use of storage allocated for such purposes and provided on the basis of flood control and navigation, except projects owned and operated by the Corps of Engineers; the International Boundary and Water Commission, United States and Mexico; and those under the jurisdiction of the International Joint Commission, United States, and Canada, and the Columbia River Treaty. The intent of this regulation is to establish an understanding between project owners, operating agencies, and the Corps of Engineers.\n\n(b)  Responsibilities.  The basic responsibilities of the Corps of Engineers regarding project operation are set out in the cited authority and described in the following paragraphs:\n\n(1) Section 7 of the Flood Control Act of 1944 (58 Stat. 890, 33 U.S.C. 709) directs the Secretary of the Army to prescribe regulations for flood control and navigation in the following manner:\n\nHereafter, it shall be the duty of the Secretary of War to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations:  Provided,  That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the War Department.\n\nHereafter, it shall be the duty of the Secretary of War to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations:  Provided,  That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the lower Ohio and Mississippi Rivers the Tennessee Valley Authority is directed to regulate the release of water from the Tennessee River into the Ohio River in accordance with such instructions as may be issued by the War Department.\n\n(2) Section 9 of Public Law 436-83d Congress (68 Stat. 303) provides for the development of the Coosa River, Alabama and Georgia, and directs the Secretary of the Army to prescribe rules and regulations for project operation in the interest of flood control and navigation as follows:\n\nThe operation and maintenance of the dams shall be subject to reasonable rules and regulations of the Secretary of the Army in the interest of flood control and navigation.\n \n \n Note: \n This Regulation will also be applicable to dam and reservoir projects operated under provisions of future legislative acts wherein the Secretary of the Army is directed to prescribe rules and regulations in the interest of flood control and navigation. The Chief of Engineers, U.S. Army Corps of Engineers, is designated the duly authorized representative of the Secretary of the Army to exercise the authority set out in the Congressional Acts. This Regulation will normally be implemented by letters of understanding between the Corps of Engineers and project owner and will incorporate the provisions of such letters of understanding prior to the time construction renders the project capable of significant impoundment of water. A water control agreement signed by both parties will follow when deliberate impoundment first begins or at such time as the responsibilities of any Corps-owned projects may be transferred to another entity. Promulgation of this Regulation for a given project will occur at such time as the name of the project appears in the  Federal Register  in accordance with the requirements of paragraph 6k. When agreement on a water control plan cannot be reached between the Corps and the project owner after coordination with all interested parties, the project name will be entered in the  Federal Register  and the Corps of Engineers plan will be the official water control plan until such time as differences can be resolved.\n\nThe operation and maintenance of the dams shall be subject to reasonable rules and regulations of the Secretary of the Army in the interest of flood control and navigation.\n\nThis Regulation will also be applicable to dam and reservoir projects operated under provisions of future legislative acts wherein the Secretary of the Army is directed to prescribe rules and regulations in the interest of flood control and navigation. The Chief of Engineers, U.S. Army Corps of Engineers, is designated the duly authorized representative of the Secretary of the Army to exercise the authority set out in the Congressional Acts. This Regulation will normally be implemented by letters of understanding between the Corps of Engineers and project owner and will incorporate the provisions of such letters of understanding prior to the time construction renders the project capable of significant impoundment of water. A water control agreement signed by both parties will follow when deliberate impoundment first begins or at such time as the responsibilities of any Corps-owned projects may be transferred to another entity. Promulgation of this Regulation for a given project will occur at such time as the name of the project appears in the  Federal Register  in accordance with the requirements of paragraph 6k. When agreement on a water control plan cannot be reached between the Corps and the project owner after coordination with all interested parties, the project name will be entered in the  Federal Register  and the Corps of Engineers plan will be the official water control plan until such time as differences can be resolved.\n\n(3) Federal Energy Regulatory Commission (FERC), formerly Federal Power Commission (FPC), Licenses.\n\n(i) Responsibilities of the Secretary of the Army and/or the Chief of Engineers in FERC licensing actions are set forth in reference 3c above and pertinent sections are cited herein. The Commission may further stipulate as a licensing condition, that a licensee enter into an agreement with the Department of the Army providing for operation of the project during flood times, in accordance with rules and regulations prescribed by the Secretary of the Army.\n\n(A) Section 4(e) of the Federal Power Act requires approval by the Chief of Engineers and the Secretary of the Army of plans of dams or other structures affecting the navigable capacity of any navigable waters of the United States, prior to issuance of a license by the Commission as follows:\n\nThe Commission is hereby authorized and empowered to issue licenses to citizens * * * for the purpose of constructing, operating and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from or in any of the streams or other bodies of water over which Congress has jurisdiction * * *  Provided further,  That no license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers and the Secretary of the Army.\n\nThe Commission is hereby authorized and empowered to issue licenses to citizens * * * for the purpose of constructing, operating and maintaining dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from or in any of the streams or other bodies of water over which Congress has jurisdiction * * *  Provided further,  That no license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers and the Secretary of the Army.\n\n(B) Sections 10(a) and 10(c) of the Federal Power Act specify conditions of project licenses including the following:\n\n(1)  Section 10(a).  \u201cThat the project adopted * * * shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of waterpower development, and for other beneficial public uses * * *.\u201d\n\n(2)  Section 10(c).  \u201cThat the licensee shall * * * so maintain and operate said works as not to impair navigation, and shall conform to such rules and regulations as the Commission may from time to time prescribe for the protection of life, health, and property * * *.\u201d\n\n(C) Section 18 of the Federal Power Act directs the operation of any navigation facilities built under the provision of that Act, be controlled by rules and regulations prescribed by the Secretary of the Army as follows:\n\nThe operation of any navigation facilities which may be constructed as part of or in connection with any dam or diversion structure built under the provisions of this Act, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation; including the control of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army, * * *.\n\nThe operation of any navigation facilities which may be constructed as part of or in connection with any dam or diversion structure built under the provisions of this Act, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation; including the control of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army, * * *.\n\n(ii) Federal Power Commission Order No. 540 issued October 31, 1975, and published November 7, 1975 (40 FR 51998), amending \u00a7 2.9 of the Commission's General Policy and Interpretations prescribed Standardized Conditions (Forms) for Inclusion in Preliminary Permits and Licenses Issued Under part I of the Federal Power Act. As an example, Article 12 of Standard Form L-3, titled: \u201cTerms and Conditions of License for Constructed Major Projects Affecting Navigable Waters of the United States,\u201d sets forth the Commission's interpretation of appropriate sections of the Act, which deal with navigation aspects, and attendant responsibilities of the Secretary of the Army in licensing actions as follows:\n\nThe United States specifically retains and safeguards the right to use water in such amount, to be determined by the Secretary of the Army, as may be necessary for the purposes of navigation on the navigable waterway affected; and the operations of the Licensee, so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Secretary of the Army may prescribe in the interest of navigation, and as the Commission may prescribe for the protection of life, health, and property, * * * and the Licensee shall release water from the project reservoir at such rate * * * as the Secretary of the Army may prescribe in the interest of navigation, or as the Commission may prescribe for the other purposes hereinbefore mentioned.\n\nThe United States specifically retains and safeguards the right to use water in such amount, to be determined by the Secretary of the Army, as may be necessary for the purposes of navigation on the navigable waterway affected; and the operations of the Licensee, so far as they affect the use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Secretary of the Army may prescribe in the interest of navigation, and as the Commission may prescribe for the protection of life, health, and property, * * * and the Licensee shall release water from the project reservoir at such rate * * * as the Secretary of the Army may prescribe in the interest of navigation, or as the Commission may prescribe for the other purposes hereinbefore mentioned.\n\n(c)  Scope and terminology.  This regulation applies to Federal authorized flood control and/or navigation storage projects, and to non-Federal projects which require the Secretary of the Army to prescribe regulations as a condition of the license, permit or legislation, during the planning, design and construction phases, and throughout the life of the project. In compliance with the authority cited above, this regulation defines certain activities and responsibilities concerning water control management throughout the Nation in the interest of flood control and navigation. In carrying out the conditions of this regulation, the owner and/or operating agency will comply with applicable provisions of Pub. L. 85-624, the Fish and Wildlife Coordination Act of 1958, and Pub. L. 92-500, the Federal Water Pollution Control Act Amendments of 1972. This regulation does not apply to local flood protection works governed by \u00a7 208.10, or to navigation facilities and associated structures which are otherwise covered by part 207 (Navigation Regulations) of title 33 of the code. Small reservoirs, containing less than 12,500 acre-feet of flood control or navigation storage, may be excluded from this regulation and covered under \u00a7 208.10, unless specifically required by law or conditions of the license or permit.\n\n(1) The terms  reservoir  and  project  as used herein include all water resource impoundment projects constructed or modified, including natural lakes, that are subject to this regulation.\n\n(2) The term  project owner  refers to the entity responsible for maintenance, physical operation, and safety of the project, and for carrying out the water control plan in the interest of flood control and/or navigation as prescribed by the Corps of Engineers. Special arrangements may be made by the project owner for \u201coperating agencies\u201d to perform these tasks.\n\n(3) The term  letter of understanding  as used herein includes statements which consummate this regulation for any given project and define the general provisions or conditions of the local sponsor, or owner, cooperation agreed to in the authorizing legislative document, and the requirements for compliance with section 7 of the 1944 Flood Control Act, the Federal Power Act or other special congressional act. This information will be specified in the water control plan and manual. The letter of understanding will be signed by a duly authorized representative of the Chief of Engineers and the project owner. A \u201cfield working agreement\u201d may be substituted for a letter of understanding, provided that the specified minimum requirements of the latter, as stated above, are met.\n\n(4) The term  water control agreement  refers to a compliation of water control criteria, guidelines, diagrams, release schedules, rule curves and specifications that basically govern the use of reservoir storage space allocated for flood control or navigation and/or release functions of a water control project for these purposes. In general, they indicate controlling or limiting rates of discharge and storage space required for flood control and/or navigation, based on the runoff potential during various seasons of the year.\n\n(5) For the purpose of this regulation, the term  water control plan  is limited to the plan of regulation for a water resources project in the interest of flood control and/or navigation. The water control plan must conform with proposed allocations of storage capacity and downstream conditions or other requirements to meet all functional objectives of the particular project, acting separately or in combination with other projects in a system.\n\n(6) The term  real-time  denotes the processing of current information or data in a sufficiently timely manner to influence a physical response in the system being monitored and controlled. As used herein the term connotes * * * the analyses for and execution of water control decisions for both minor and major flood events and for navigation, based on prevailing hydrometeorological and other conditions and constraints, to achieve efficient management of water resource systems.\n\n(d)  Procedures \u2014(1)  Conditions during project formulation.  During the planning and design phases, the project owner should consult with the Corps of Engineers regarding the quantity and value of space to reserve in the reservoir for flood control and/or navigation purposes, and for utilization of the space, and other requirements of the license, permit or conditions of the law. Relevant matters that bear upon flood control and navigation accomplishment include: Runoff potential, reservoir discharge capability, downstream channel characteristics, hydrometeorological data collection, flood hazard, flood damage characteristics, real estate acquisition for flowage requirements (fee and easement), and resources required to carry out the water control plan. Advice may also be sought on determination of and regulation for the probable maximum or other design flood under consideration by the project owner to establish the quantity of surcharge storage space, and freeboard elevation of top of dam or embankment for safety of the project.\n\n(2)  Corps of Engineers involvement.  If the project owner is responsible for real-time implementation of the water control plan, consultation and assistance will be provided by the Corps of Engineers when appropriate and to the extent possible. During any emergency that affects flood control and/or navigation, the Corps of Engineers may temporarily prescribe regulation of flood control or navigation storage space on a day-to-day (real-time) basis without request of the project owner. Appropriate consideration will be given for other authorized project functions. Upon refusal of the project owner to comply with regulations prescribed by the Corps of Engineers, a letter will be sent to the project owner by the Chief of Engineers or his duly authorized representative describing the reason for the regulations prescribed, events that have transpired, and notification that the project owner is in violation of the Code of Federal Regulations. Should an impasse arise, in that the project owner or the designated operating entity persists in noncompliance with regulations prescribed by the Corps of Engineers, measures may be taken to assure compliance.\n\n(3)  Corps of Engineers implementation of real-time water control decisions.  The Corps of Engineers may prescribe the continuing regulation of flood control storage space for any project subject to this regulation on a day-to-day (real-time) basis. When this is the case, consultation and assistance from the project owner to the extent possible will be expected. Special requests by the project owner, or appropriate operating entity, are preferred before the Corps of Engineers offers advice on real-time regulation during surcharge storage utilization.\n\n(4)  Water control plan and manual.  Prior to project completion, water control managers from the Corps of Engineers will visit the project and the area served by the project to become familiar with the water control facilities, and to insure sound formulation of the water control plan. The formal plan of regulation for flood control and/or navigation, referred to herein as the water control plan, will be developed and documented in a water control manual prepared by the Corps of Engineers. Development of the manual will be coordinated with the project owner to obtain the necessary pertinent information, and to insure compatibility with other project purposes and with surcharge regulation. Major topics in the manual will include: Authorization and description of the project, hydrometeorology, data collection and communication networks, hydrologic forecasting, the water control plan, and water resource management functions, including responsibilities and coordination for water control decisionmaking. Special instructions to the dam tender or reservoir manager on data collection, reporting to higher Federal authority, and on procedures to be followed in the event of a communication outage under emergency conditions, will be prepared as an exhibit in the manual. Other exhibits will include copies of this regulation, letters of understanding consummating this regulation, and the water control agreements. After approval by the Chief of Engineers or his duly authorized representative, the manual will be furnished the project owner.\n\n(5)  Water control agreement.  (i) A water control diagram (graphical) will be prepared by the Corps of Engineers for each project having variable space reservation for flood control and/or navigation during the year; e.g., variable seasonal storage, joint-use space, or other rule curve designation. Reservoir inflow parameters will be included on the diagrams when appropriate. Concise notes will be included on the diagrams prescribing the use of storage space in terms of release schedules, runoff, nondamaging or other controlling flow rates downstream of the damsite, and other major factors as appropriate. A water control release schedule will be prepared in tabular form for projects that do not have variable space reservation for flood control and/or navigation. The water control diagram or release schedule will be signed by a duly authorized representative of the Chief of Engineers, the project owner, and the designated operating agency, and will be used as the basis for carrying out this regulation. Each diagram or schedule will contain a reference to this regulation.\n\n(ii) When deemed necessary by the Corps of Engineers, information given on the water control diagram or release schedule will be supplemented by appropriate text to assure mutual understanding on certain details or other important aspects of the water control plan not covered in this regulation, on the water control diagram or in the release schedule. This material will include clarification of any aspects that might otherwise result in unsatisfactory project performance in the interest of flood control and/or navigation. Supplementation of the agreement will be necessary for each project where the Corps of Engineers exercises the discretionary authority to prescribe the flood control regulation on a day-to-day (real-time) basis. The agreement will include delegation of the responsibility. The document should also cite, as appropriate, section 7 of the 1944 Flood Control Act, the Federal Power Act and/or other congressional legislation authorizing construction and/or directing operation of the project.\n\n(iii) All flood control regulations published in the  Federal Register  under this section (part 208) of the code prior to the date of this publication which are listed in \u00a7 208.11(e) are hereby superseded.\n\n(iv) Nothing in this regulation prohibits the promulgation of specific regulations for a project in compliance with the authorizing acts, when agreement on acceptable regulations cannot be reached between the Corps of Engineers and the owner.\n\n(6)  Hydrometeorological instrumentation.  The project owner will provide instrumentation in the vicinity of the damsite and will provide communication equipment necessary to record and transmit hydrometeorological and reservoir data to all appropriate Federal authorities on a real-time basis unless there are extenuating circumstances or are otherwise provided for as a condition of the license or permit. For those projects where the owner retains responsibility for real-time implementation of the water control plan, the owner will also provide or arrange for the measurement and reporting of hydrometeorological parameters required within and adjacent to the watershed and downstream of the damsite, sufficient to regulate the project for flood control and/or navigation in an efficient manner. When data collection stations outside the immediate vicinity of the damsite are required, and funds for installation, observation, and maintenance are not available from other sources, the Corps of Engineers may agree to share the costs for such stations with the project owner. Availability of funds and urgency of data needs are factors which will be considered in reaching decisions on cost sharing.\n\n(7)  Project safety.  The project owner is responsible for the safety of the dam and appurtenant facilities and for regulation of the project during surcharge storage utilization. Emphasis upon the safety of the dam is especially important in the event surcharge storage is utilized, which results when the total storage space reserved for flood control is exceeded. Any assistance provided by the Corps of Engineers concerning surcharge regulation is to be utilized at the discretion of the project owner, and does not relieve the owner of the responsibility for safety of the project.\n\n(8)  Notification of the general public.  The Corps of Engineers and other interested Federal and State agencies, and the project owner will jointly sponsor public involvement activities, as appropriate, to fully apprise the general public of the water control plan. Public meetings or other effective means of notification and involvement will be held, with the initial meeting being conducted as early as practicable but not later than the time the project first becomes operational. Notice of the initial public meeting shall be published once a week for 3 consecutive weeks in one or more newspapers of general circulation published in each county covered by the water control plan. Such notice shall also be used when appropriate to inform the public of modifications in the water control plan. If no newspaper is published in a county, the notice shall be published in one or more newspapers of general circulation within that county. For the purposes of this section a newspaper is one qualified to publish public notices under applicable State law. Notice shall be given in the event significant problems are anticipated or experienced that will prevent carrying out the approved water control plan or in the event that an extreme water condition is expected that could produce severe damage to property or loss of life. The means for conveying this information shall be commensurate with the urgency of the situation. The water control manual will be made available for examination by the general public upon request at the appropriate office of the Corps of Engineers, project owner or designated operating agency.\n\n(9)  Other generalized requirements for flood control and navigation.  (i) Storage space in the reservoirs allocated for flood control and navigation purposes shall be kept available for those purposes in accordance with the water control agreement, and the plan of regulation in the water control manual.\n\n(ii) Any water impounded in the flood control space defined by the water control agreement shall be evacuated as rapidly as can be safely accomplished without causing downstream flows to exceed the controlling rates;  i.e. , releases from reservoirs shall be restricted insofar as practicable to quantities which, in conjunction with uncontrolled runoff downstream of the dam, will not cause water levels to exceed the controlling stages currently in force. Although conflicts may arise with other purposes, such as hydropower, the plan or regulation may require releases to be completely curtailed in the interest of flood control or safety of the project.\n\n(iii) Nothing in the plan of regulation for flood control shall be construed to require or allow dangerously rapid changes in magnitudes of releases. Releases will be made in a manner consistent with requirements for protecting the dam and reservoir from major damage during passage of the maximum design flood for the project.\n\n(iv) The project owner shall monitor current reservoir and hydro- meteorological conditions in and adjacent to the watershed and downstream of the damsite, as necessary. This and any other pertinent information shall be reported to the Corps of Engineers on a timely basis, in accordance with standing instructions to the damtender or other means requested by the Corps of Engineers.\n\n(v) In all cases where the project owner retains responsibility for real-time implementation of the water control plan, he shall make current determinations of: Reservoir inflow, flood control storage utilized, and scheduled releases. He shall also determine storage space and releases required to comply with the water control plan prescribed by the Corps of Engineers. The owner shall report this information on a timely basis as requested by the Corps of Engineers.\n\n(vi) The water control plan is subject to temporary modification by the Corps of Engineers if found necessary in time of emergency. Requests for and action on such modifications may be made by the fastest means of communication available. The action taken shall be confirmed in writing the same day to the project owner and shall include justification for the action.\n\n(vii) The project owner may temporarily deviate from the water control plan in the event an immediate short-term departure is deemed necessary for emergency reasons to protect the safety of the dam, or to avoid other serious hazards. Such actions shall be immediately reported by the fastest means of communication available. Actions shall be confirmed in writing the same day to the Corps of Engineers and shall include justification for the action. Continuation of the deviation will require the express approval of the Chief of Engineers, or his duly authorized representative.\n\n(viii) Advance approval of the Chief of Engineers, or his duly authorized representative, is required prior to any deviation from the plan of regulation prescribed or approved by the Corps of Engineers in the interest of flood control and/or navigation, except in emergency situations provided for in paragraph (d)(9)(vii) of this section. When conditions appear to warrant a prolonged deviation from the approved plan, the project owner and the Corps of Engineers will jointly investigate and evaluate the proposed deviation to insure that the overall integrity of the plan would not be unduly compromised. Approval of prolonged deviations will not be granted unless such investigations and evaluations have been conducted to the extent deemed necessary by the Chief of Engineers, or his designated representatives, to fully substantiate the deviation.\n\n(10)  Revisions.  The water control plan and all associated documents will be revised by the Corps of Engineers as necessary, to reflect changed conditions that come to bear upon flood control and navigation, e.g., reallocation of reservoir storage space due to sedimentation or transfer of storage space to a neighboring project. Revision of the water control plan, water control agreement, water control diagram, or release schedule requires approval of the Chief of Engineers or his duly authorized representative. Each such revision shall be effective upon the date specified in the approval. The original (signed document) water control agreement shall be kept on file in the respective Office the Division Engineer, Corps of Engineers, Department of the Army, located at division offices throughout the continental USA. Copies of these agreements may be obtained from the office of the project owner, or from the office of the appropriate Division Engineer, Corps of Engineers.\n\n(11)  Federal Register.  The following information for each project subject to section 7 of the 1944 Flood Control Act and other applicable congressional acts shall be published in the  Federal Register  prior to the time the projects becomes operational and prior to any significant impoundment before project completion or * * * at such time as the responsibility for physical operation and maintenance of the Corps of Engineers owned projects is transferred to another entity:\n\n(i) Reservoir, dam, and lake names,\n\n(ii) Stream, county, and State corresponding to the damsite location,\n\n(iii) The maximum current storage space in acre-feet to be reserved exclusively for flood control and/or navigation purposes, or any multiple-use space (intermingled) when flood control or navigation is one of the purposes, with corresponding elevations in feet above mean sea level, and area in acres, at the upper and lower limits of said space,\n\n(iv) The name of the project owner, and\n\n(v) Congressional legislation authorizing the project for Federal participation.\n\n(e)  List of projects.  The following tables, \u201cPertinent Project Data\u2014Section 208.11 Regulation,\u201d show the pertinent data for projects which are subject to this regulation.\n\nList of Projects\n\n[Non-Corps projects with Corps Regulation Requirements]\n\n1  Cr\u2014Creek; CS\u2014Control Structure; Div\u2014Diversion; DS\u2014Drainage Structure; FG\u2014Floodgate; Fk\u2014Fork; GIWW\u2014Gulf Intercoastal Waterway; Lk\u2014Lake; L&D\u2014Lock & Dam; PS\u2014Pump Station; R\u2014River; Res\u2014Reservoir\n\n2  F\u2014Flood Control; N\u2014Navigation; P\u2014Corps Hydropower; E\u2014Non Corps Hydropower; I\u2014Irrigation; M\u2014Municipal and/or Industrial Water Supply; C\u2014Fish and Wildlife Conservation; A\u2014Low Flow Augmentation or Pollution Abatement; R\u2014Recreation; Q\u2014Water Quality or Silt Control\n\n3  FCA\u2014Flood Control Act; FERC\u2014Federal Energy Regulatory Comm; HD\u2014House Document; PL\u2014Public Law; PW\u2014Public Works; RHA\u2014River & Harbor Act; SD\u2014Senate Document; WSA\u2014Water Supply Act\n\n4  Appl Pwr\u2014Appalachian Power; Chln PUD\u2014Chelan Cnty PUD 1; CLPC\u2014CT Light & Power Co; Dgls PUD\u2014Douglas Cnty PUD 1; DWR\u2014Department of Water Resources; EB-MUD\u2014East Bay Municipal Utility Dist; GRD\u2014Grand River Dam Auth; Grnt PUD\u2014Grant Cnty PUD 2; Hnbl\u2014city of Hannibal; LCRA\u2014Lower Colorado River Authority; M&T Irr\u2014Modesto & Turlock Irr; Mrcd Irr\u2014Merced Irr; NEPC\u2014New England Power Co; Pgnt P&L\u2014Pugent Sound Power & Light; Ptmc Comm\u2014Upper Potomac R Comm; Rclm B\u2014Reclamation Board; Rkfd\u2014city of Rockford; Sttl\u2014city of Seattle; Tac\u2014City of Tacoma; Vale USBR\u201450% Vale Irr 50% USBR; WF&CWID\u2014City of Wichita Falls and Wichita Cnty Water Improvement District No. 2; WMEC\u2014Western MA Electric Co; YCWA\u2014Yuba City Water Auth; Yolo FC&W\u2014Yolo Flood Control & Water Conserv Dist."], ["33:33:3.0.1.1.4.0.1.3", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.19 Marshall Ford Dam and Reservoir (Mansfield Dam and Lake Travis), Colorado River, Texas.", "USACE", "", "", "[79 FR 13564, Mar. 11, 2014]", "In the interest of flood control, the Lower Colorado River Authority (LCRA) shall operate the Marshall Ford Dam and Reservoir in accordance with the water control plan of regulation most recently approved by the U.S. Army Corps of Engineers (USACE), effective on the date specified in the approval. Information regarding the most recently approved water control plan of regulation may be obtained by contacting the LCRA offices in Austin, Texas, or the offices of the U.S. Army Corps of Engineers, Fort Worth Engineer District, in Fort Worth, Texas."], ["33:33:3.0.1.1.4.0.1.4", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.22 Twin Buttes Dam and Reservoir, Middle and South Concho Rivers, Tex.", "USACE", "", "", "[31 FR 12521, Sept. 22, 1966]", "The Bureau of Reclamation, or its designated agent, shall operate the Twin Buttes Dam and Reservoir in the interest of flood control as follows:\n\n(a) Whenever the Twin Buttes Reservoir level is between elevations 1,940.2 (top of conservation pool) and elevation 1,969.1 (top of flood control pool) the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. All flood control releases shall be made in amounts which, when combined with releases from San Angelo Reservoir on the North Concho River and local inflow below the dam, will not produce flows in excess of bankful capacities on the South Concho and Concho Rivers downstream of the reservoir. In order to accomplish this purpose, flows shall not exceed a 22.5-foot stage (25,000 c.f.s.) on the USGS gage on the Concho River near San Angelo, Tex. (river mile 60.9); or a 22.8-foot stage (25,000 c.f.s.) on the USGS gage near Paint Rock, Tex. (river mile 19.6).\n\n(b) When the Twin Buttes Reservoir level exceeds elevation 1,969.1 (top of flood control pool), releases shall be made at the maximum rate possible and continued until the pool elevation recedes to elevation 1,969.1 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation in immediate charge of operation of the Twin Buttes Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer for this purpose, showing (1) for Twin Buttes Reservoir, the elevation of the reservoir level; number of river outlet works gates in operation with their respective openings and releases; uncontrolled spillway releases; storage; reservoir inflow; available evaporation data; and precipitation in inches; and (2) for Nasworthy Reservoir, the elevation of the reservoir level; irrigation outlet works and controlled spillway releases; storage; tailwater elevation; and reservoir inflow. Normally, one reading at 8 a.m. shall be shown for each day. Readings of all items except evaporation shall be shown for at least three observations a day when the Twin Buttes Reservoir level is above elevation 1,940.2. Whenever the Twin Buttes Reservoir level rises to elevation 1,940.2 and releases for flood regulation are necessary or appear imminent, the Bureau representative shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, shall report once daily thereafter in that manner until the reservoir level recedes to elevation 1,940.2. These latter reports shall reach the District Engineer by 9 a.m. each day.\n\n(d) The regulations of this section insofar as they govern use of the flood control storage capacity in Twin Buttes Reservoir above elevation 1,940.2 are subject to temporary modification in time of flood by the District Engineer, if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation in immediate charge of operations of the Twin Buttes Dam by any available means of communication and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, with a copy to the representative in charge of the Twin Buttes Dam.\n\n(e) Flood control operation shall not restrict releases necessary for municipal, industrial, and irrigation uses.\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the Twin Buttes Dam and Reservoir from major damage or inconsistent with safe routing of the inflow design flood (spillway design flood).\n\n(g) The discharge characteristics of the river outlet works (capable of discharging approximately 32,470 c.f.s. with the reservoir level at elevation 1,969.1) shall be maintained in accordance with the construction plans (Bureau of Reclamation Specifications No. DC-5274 as modified by revised drawings and criteria in Designers' Operating Criteria, Twin Buttes Dam, dated February 1963).\n\n(h) All elevations stated in this section are at Twin Buttes Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.5", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.25 Pensacola Dam and Reservoir, Grand (Neosho) River, Okla.", "USACE", "", "", "[10 FR 15044, Dec. 14, 1945]", "The representative of the agency charged with the operation of the Pensacola Dam, referred to in this section as the Representative shall operate the dam and reservoir in the interest of flood control as follows:\n\n(a) Whenever the pool stage exceeds elevation 745 at the dam, the discharge facilities shall be operated under the direction of the District Engineer, Engineer Department at Large, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir and to limit the pool stage to elevation 755 at the dam.\n\n(b) The District Engineer will advise the Representative when inflow rates are anticipated which will raise the pool above elevation 745 at the dam. The District Engineer will also advise the Representative of essential increase in the flood control storage capacity of the reservoir which should be provided by drawing the pool down below elevation 745 at the dam in order to obtain maximum flood control benefits, with the provision that the suggested reduction in power storage shall at no time exceed the replacement volume of flow then in sight in the streams above the reservoir.\n\n(c) The Representative shall furnish the District Engineer, daily, a report showing the elevation of the reservoir pool and the tailwater, number of gates in operation, spillway and turbine releases, evaporation, storage, reservoir inflow, and precipitation in inches as shown by Agency gages. One reading shall be shown for each day with additional readings of releases for all changes in spillway gate operation, and with readings of all items except evaporation three times daily when the District Engineer advises the Representative that flood conditions are imminent. By agreement between the Representative and the District Engineer, any of the foregoing information may be furnished by telephone and may, if agreed upon, be omitted from the report. Whenever the pool is above elevation 745 at the dam the Representative shall submit additional reports by telegraph or telephone as directed by the District Engineer, with a report to be furnished immediately whenever the pool rises above elevation 745 at the dam.\n\n(d) The District Engineer will furnish the Representative with all available information and detailed instructions for operation of the reservoir in the interest of flood control during an emergency condition when communications between the dam and the District Office are broken. In the event that the District Engineer or his authorized representative cannot be reached by telephone, telegraph or by other means during a flood emergency, these instructions will govern. The provisions of paragraphs (a), (b), and (c) of this section will govern at all times except during such an emergency.\n\n(e) Elevations stated in this section are referred to Pensacola datum which is 1.07 feet below mean sea level."], ["33:33:3.0.1.1.4.0.1.6", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.26 Altus Dam and Reservoir, North Fork Red River, Okla.", "USACE", "", "", "[33 FR 12733, Sept. 7, 1968]", "The Bureau of Reclamation, or its designated agent, shall operate the Altus Dam and Reservoir in the interest of flood control as follows:\n\n(a) Flood control storage in the reservoir between elevation 1559 (top of conservation pool) and elevation 1562 (top of flood control pool) amounts to 21,448 acre-feet (based on 1953 sedimentation survey). Whenever the reservoir level is within this elevation range, the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the dam, and to limit the reservoir level to elevation 1562 when possible.\n\n(b) When the reservoir level is below elevation 1559 and the predicted volume of runoff from the area above the dam exceeds the volume of water necessary to raise the reservoir level above elevation 1559, the reservoir will be operated to obtain maximum overall benefits which may consist of preflood releases:  Provided,  That all preflood releases will have prior concurrence of the Bureau of Reclamation or its designated agent. The preflood releases shall not result in a reservoir level below elevation 1559 at the end of the flood.\n\n(c) When the reservoir level exceeds elevation 1559, releases will be made equal to inflow or 2,000 c.f.s., whichever is smaller, except that when the reservoir elevation forecast indicates that this operation will result in a reservoir level exceeding elevation 1562, releases will be increased in order to provide maximum overall benefits and prevent the reservoir level from exceeding elevation 1562, insofar as possible. The flood control pool will be emptied by continuing the peak discharge rate until the reservoir level recedes to elevation 1559, at which time releases will be made equal to inflow.\n\n(d) If the reservoir level exceeds elevation 1562 (top of flood control pool) releases shall be made at the maximum rate possible through the spillway gates, conduit, and the uncontrolled spillway and continued until the reservoir level recedes to elevation 1559, at which time releases will be made equal to inflow.\n\n(e) Whenever the reservoir level is above elevation 1559 and communication with the Bureau of Reclamation Regional Office and the Corps of Engineers District Office is unobtainable, releases shall be made equal to inflow until all gates are fully open. The maximum release thus obtained shall be maintained until the pool recedes to elevation 1559 at which time releases shall be made to equal inflow.\n\n(f) The representative of the Bureau of Reclamation, or its designated agent, in immediate charge of the operation of Altus Dam will furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report on forms provided by the District for this purpose, showing the reservoir pool elevation; the number of spillway gates in operation with their respective opening and releases; the uncontrolled spillway release; conduit, canal outlet wasteway, and irrigation releases; storage; reservoir inflow; available evaporation data; and precipitation in inches. A reading at 8 a.m., noon, 4 p.m., and midnight, shall be shown for each day. Whenever the reservoir level rises to elevation 1559 and releases for flood control regulation are necessary or appear imminent, the representative of the Bureau of Reclamation or its designated agent, shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, shall report at 8 a.m., noon, and 3 p.m. thereafter, in that manner, until the reservoir level recedes to elevation 1559. These latter reports shall reach the District Engineer by 9 a.m., 1 p.m., and 4 p.m. each day.\n\n(g) The regulations of this section, insofar as they govern use of the flood control storage capacity above elevation 1559 are subject to temporary modification by the District Engineer in time of flood, if found desirable on the basis of conditions at the time. Such desired modifications shall be coordinated with and approved by the Bureau of Reclamation.\n\n(h) Flood control operation shall not restrict releases necessary for irrigation, municipal, and industrial uses.\n\n(i) Releases made in accordance with the regulations of this section are subject to the conditions that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage.\n\n(j) Any time that the Bureau of Reclamation determines that operation in accordance with the regulations of this section will jeopardize the safety of Altus Dam, they will so advise the District Engineer and will assume operational responsibility and take action necessary to assure the safety of the dam.\n\n(k) The discharge characteristics of the controlled and the uncontrolled spillways (capable of discharging approximately 42,800 c.f.s. and 2,000 c.f.s., respectively, with the reservoir level at elevation 1562) shall be maintained in accordance with the construction plans (Bureau of Reclamation Drawing No. 258-D-69).\n\n(l) All elevations stated in this section are at Altus Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.7", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.27 Fort Cobb Dam and Reservoir, Pond (Cobb) Creek, Oklahoma.", "USACE", "", "", "[26 FR 3190, Apr. 14, 1961]", "The Bureau of Reclamation shall operate the Fort Cobb Dam and Reservoir in the interest of flood control as follows:\n\n(a) Whenever the reservoir level is between elevation 1342.0, top of the conservation pool, and elevation 1354.8, top of flood control pool, the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. All flood control releases shall be made in amounts which, when combined with local inflow below the dam, will not produce flows in excess of bankfull on Pond (Cobb) Creek downstream of the reservoir and on the Washita River downstream of their confluence. In order to accomplish this purpose, flows shall not exceed a 13.0-foot stage (1,300 cfs) on the USGS gage on Pond (Cobb) Creek near Fort Cobb, Oklahoma, river mile 5.0; a 19.0-foot stage (6,000 cfs) on the USGS gage on the Washita River near Anadarko, Oklahoma, river mile 305.0; or a 19.0-foot stage on the USGS gage near Bradley, Oklahoma, river mile 210.6.\n\n(b) When the reservoir level exceeds elevation 1354.8, top of flood control pool, releases shall be made at the maximum rate possible and continued until the pool elevation recedes to elevation 1354.8 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation in immediate charge of operation of the Fort Cobb Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer showing the elevation of the reservoir level; number of river outlet works gates in operation with their respective openings and releases; uncontrolled spillway and municipal outlet works release; storage; tailwater elevation; reservoir inflow; available evaporation data; and precipitation in inches. Normally, one reading at 8:00 a.m., shall be shown for each day. Readings of all items except evaporation shall be shown for at least three observations a day when the reservoir level is above elevation 1342.0. Whenever the reservoir level rises to elevation 1342.0 and releases for flood regulation are necessary or appear imminent, the Bureau representative shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, shall report once daily thereafter in that manner until the reservoir level recedes to elevation 1342.0. These latter reports shall reach the District Engineer by 9:00 a.m., each day.\n\n(d) The regulations of this section insofar as they govern use of the flood control storage capacity above elevation 1342.0 are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation in immediate charge of operations of the Fort Cobb Dam by any available means of communication and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, with a copy to the representative in charge of the Fort Cobb Dam.\n\n(e) Flood control operation shall not restrict releases necessary for municipal-industrial and irrigation uses:\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage or inconsistent with safe routing of the inflow design flood.\n\n(g) All elevations stated in this section are at Fort Cobb Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.8", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.28 Foss Dam and Reservoir, Washita River, Oklahoma.", "USACE", "", "", "[26 FR 6982, Aug. 3, 1961]", "The Bureau of Reclamation shall operate the Foss Dam and Reservoir in the interest of flood control as follows:\n\n(a) Whenever the reservoir level is between elevation 1652.0, top of conservation pool, and elevation 1668.6, top of flood control pool, the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable the flood damage below the reservoir. All flood control releases shall be made in amounts which, when combined with local inflow below the dam, will not produce flows in excess of bankfull on the Washita River downstream of the reservoir. In order to accomplish this purpose, flows shall not exceed an 18.0 foot stage (3,000 c.f.s.) on the USGS gage on the Washita River near Clinton, Oklahoma, river mile 447.4, or an 18.0 foot stage (6,000 c.f.s.) on the USGS gage on the Washita River near Carnegie, Oklahoma, river mile 353.9.\n\n(b) When the reservoir level exceeds elevation 1668.6, top of flood control pool, releases shall be made at the maximum rate possible through the river outlet works and uncontrolled spillway and continued until the pool elevation recedes to elevation 1668.6 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation in immediate charge of operation of the Foss Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, on forms provided by the District Engineer for this purpose, a report, showing the elevation of the reservoir level; number of river outlet works gates in operation with their respective openings and releases; canal outlet works, municipal outlet works and uncontrolled spillway releases; storage; tailwater elevation; reservoir inflow; available evaporation data; and precipitation in inches. Normally, one reading at 8:00 a.m. shall be shown for each day. Readings of all items except evaporation shall be shown for at least three observations a day when the reservoir level is above elevation 1652.0. Whenever the reservoir level rises to elevation 1652.0 and releases for flood regulation are necessary or appear imminent, the Bureau representative shall report at once to the District Engineer by telephone or telegraph and, unless otherwise instructed, shall report once daily thereafter in that manner until the reservoir level recedes to elevation 1652.0. These latter reports shall reach the District Engineer by 9:00 a.m., each day.\n\n(d) The regulations of this section insofar as they govern use of the flood control storage capacity above elevation 1652.0 are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation in immediate charge of operations of the Foss Dam by any available means of communication and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, with a copy to the representative in charge of the Foss Dam.\n\n(e) Flood control operations shall not restrict releases necessary for municipal-industrial and irrigation uses.\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and reservoir from major damage or inconsistent with safe routing of the inflow design flood.\n\n(g) All elevations stated in this section are at Foss Dam and are referred to the datum in use at that location."], ["33:33:3.0.1.1.4.0.1.9", 33, "Navigation and Navigable Waters", "II", "", "208", "PART 208\u2014FLOOD CONTROL REGULATIONS", "", "", "", "\u00a7 208.29 Arbuckle Dam and Lake of the Arbuckles, Rock Creek, Okla.", "USACE", "", "", "[33 FR 263, Jan. 9, 1968]", "The Bureau of Reclamation, or its designated agent, shall operate the Arbuckle Dam and Lake of the Arbuckles in the interest of flood control as follows:\n\n(a) Flood control storage in Lake of the Arbuckles between elevation 872 (top of conservation pool) and elevation 885.3 (top of flood control pool) initially amounts to 36,400 acre-feet. Whenever the lake level is within this elevation range the flood control discharge facilities shall be operated under the direction of the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, so as to reduce as much as practicable of the flood damage below the lake. In order to accomplish this purpose, flood control releases shall be limited to amounts, which when combined with local inflows below the dam will not produce flows in excess of bankfull on Rock Creek downstream of the lake and on the Washita River, from the confluence of Rock Creek to Durwood, Okla. Operating stages and corresponding flows are as follows: An 11-foot stage (15,000 c.f.s.) on the U.S.G.S. gage on Rock Creek near Dougherty, Okla., river mile 1; and a 20-foot stage (15,000 c.f.s.) on the U.S.G.S. gage on the Washita River near Durwood, Okla., river mile 63.4.\n\n(b) When the level in Lake of the Arbuckles exceeds elevation 885.3 (top of flood control pool), releases shall be made at the maximum rate possible through the river outlet works and the uncontrolled spillway and continued until the lake level recedes to elevation 885.3 when releases shall be made to equal inflow or the maximum release permissible under paragraph (a) of this section, whichever is greater.\n\n(c) The representative of the Bureau of Reclamation or its designated agent in immediate charge of operation of the Arbuckle Dam shall furnish daily to the District Engineer, Corps of Engineers, Department of the Army, in charge of the locality, a report, on forms provided by the District Engineer for this purpose, showing the lake elevation; the number of river outlet works gates in operation with their respective openings and releases; uncontrolled spillway release; municipal pumping rate; tailwater elevation; available evaporation data; and precipitation in inches. Normally, a reading at 8 a.m., noon, 4 p.m., and midnight shall be shown for each day. Whenever the lake level rises to elevation 872 and releases for flood regulation are necessary or appear imminent, the representative of the Bureau of Reclamation or its designated agent, shall report at once to the District Engineer by telephone or telegraph and unless otherwise instructed shall report once daily thereafter in that manner until the lake level recedes to elevation 872. These latter reports shall reach the District Engineer by 9 a.m. each day.\n\n(d) The regulations of this section, insofar as they govern use of flood control storage capacity above elevation 872, are subject to temporary modification in time of flood by the District Engineer if found desirable on the basis of conditions at the time. Such desired modifications shall be communicated to the representative of the Bureau of Reclamation and its designated agent in immediate charge of operation of the Arbuckle Dam by any available means of communication, and shall be confirmed in writing under date of the same day to the Regional Director in charge of the locality, and his designated agent, with a copy to the representative in charge of the Arbuckle Dam.\n\n(e) Flood control operation shall not restrict pumping necessary for municipal and industrial uses and releases necessary for downstream users.\n\n(f) Releases made in accordance with the regulations of this section are subject to the condition that releases shall not be made at rates or in a manner that would be inconsistent with emergency requirements for protecting the dam and lake from major damage or inconsistent with the safe routing of the inflow design flood (spillway design flood).\n\n(g) The discharge characteristics of the river outlet works (capable of discharging approximately 1,880 c.f.s. when the lake level is at 872) shall be maintained in accordance with the construction plans (Bureau of Reclamation Specifications No. 6099 as modified by the \u201cas built\u201d drawings).\n\n(h) All elevations stated in this section are at Arbuckle Dam and are referred to the datum in use at that location."], ["44:44:1.0.1.4.57.1.10.1", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.1 Purpose and scope of this part.", "FEMA", "", "", "", "(a)  Purpose.  The purpose of this part is to prescribe policies and procedures pertaining to the Department of Homeland Security's (DHS) National Urban Search and Rescue Response System.\n\n(b)  Scope.  This part applies to Sponsoring Agencies and other participants in the National Urban Search and Rescue Response System that have executed agreements governed by this part. Part 206 of this chapter does not apply to activities undertaken under this part, except as provided in \u00a7\u00a7 208.5 and 208.10 of this part. This part does not apply to reimbursement under part 206, subpart H, of this chapter."], ["44:44:1.0.1.4.57.1.10.10", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.10 Other regulations.", "FEMA", "", "", "", "The following provisions of title 44 CFR, Chapter I also apply to the program in this part:\n\n(a) Section 206.9, which deals with the non-liability of DHS in certain circumstances.\n\n(b) Section 206.11, which prescribes nondiscrimination in the provision of disaster assistance.\n\n(c) Section 206.14, which deals with criminal and civil penalties.\n\n(d) Section 206.15, which permits recovery of assistance by DHS."], ["44:44:1.0.1.4.57.1.10.11", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.11 Federal status of System Members.", "FEMA", "", "", "", "The Assistant Administrator will appoint all Activated System Members as temporary excepted Federal volunteers. The Assistant Administrator may appoint a System Member who participates in Alert activities as such a Federal volunteer. The Assistant Administrator may also appoint each System Member who participates in DHS-sanctioned preparedness activities as a temporary excepted Federal volunteer. DHS intends these appointments to secure protection for such volunteers under the Federal Employees Compensation Act and the Federal Tort Claims Act and do not intend to interfere with any preexisting employment relationship between a System Member and a Sponsoring Agency, Cooperating Agency or Participating Agency. System Members whom DHS appoints as temporary excepted Federal volunteers will not receive any compensation or employee benefit directly from the United States of America for their service, but will be compensated through their Sponsoring Agency."], ["44:44:1.0.1.4.57.1.10.12", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.12 Maximum Pay Rate Table.", "FEMA", "", "", "", "(a)  Purpose.  This section establishes the process for creating and updating the Maximum Pay Rate Table (Table), and the Table's use to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency. Section 208.32 defines the \u201cMaximum Pay Rate Table\u201d as \u201cthe DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency.\u201d In that same section, the term \u201cAffiliated Personnel\u201d is defined as \u201cindividuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers.\u201d\n\n(b)  Scope of this section.  (1) The Maximum Pay Rate Table applies to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate in any way, at any rate.\n\n(2) The Table also applies to Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency.\n\n(c)  Method for determining maximum pay rates.  (1) DHS uses the United States Office of Personnel Management's salary rates, computed under 5 U.S.C. 5504, as the basis for the maximum pay rate schedule. DHS considers System members' experience and sets maximum pay rates at the maximum grade, middle step for each position, which demonstrates an experience level of five years.\n\n(2) The Office of Personnel Management (OPM) publishes salary and locality pay schedules each calendar year.\n\n(i)  Physicians.  DHS uses the latest Special Salary Rate Table Number 0290 for Medical Officers (Clinical) Worldwide for physicians. The rates used in the initial Table can be found at  http://www.opm.gov/oca/03 tables/SSR/HTML/0290.asp.\n\n(ii)  Engineers and Canine Handlers.  DHS uses the latest General Schedule pay scale for both positions. Both specialties are compared to the General Schedule pay scale to ensure parity with like specialties on a task force (canine handlers are equated with rescue specialists). The rates used in the initial Table can be found at  http://www.opm.gov/oca/03tables/html/gs.asp.\n\n(iii)  Locality Pay.  To determine adjustments for locality pay DHS uses the latest locality pay areas (including the \u201cRest of U.S.\u201d area) established by OPM. The rates used in the initial Table can be found at  http://www.opm.gov/oca/03tables/locdef.asp.\n\n(3)  Review and update.  DHS will review and update the Table periodically, at least annually. The comments of Sponsoring and Participating Agencies and their experience with the Table will be considered and evaluated in the course of the reviews.\n\n(4)  Initial rates and subsequent revisions.  DHS will publish the initial maximum pay rate table in the  Federal Register  as a notice with request for comments. Subsequent revisions will be made to the pay rate table as OPM changes salary rates as described in this section. When subsequent revisions are made to the maximum pay rate table DHS will publish the new maximum pay rate table in the  Federal Register.  The rates will be effective for the latest year indicated by OPM. \n 1\n\n1  In some years the latest year may not be the current calendar year. For instance, OPM did not change its pay rates for calendar year 2004, and the 2003 schedules apply.\n\n(d)  Application of the maximum pay rate table \u2014(1)  Applicability.  The Maximum Pay Rate Table sets forth maximum rates for which DHS will reimburse the Sponsoring Agency for compensation paid to Activated Affiliated Personnel and as Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency.\n\n(2)  Higher rates.  The Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Maximum Pay Rate Table. Likewise, the Sponsoring Agency may choose to enter into a Participating Agency agreement with the individual's employer, rather than use the individual as an Affiliated Personnel, in which case the Maximum Pay Rate Table would not apply.\n\n(3)  Compensation for Sponsoring Agency employees serving as Affiliated Personnel.  An employee of a Sponsoring Agency serving on a Task Force in a capacity other than his or her normal job,  e.g. , a fire department dispatcher affiliated with the Task Force as a canine search specialist, as an Affiliated Personnel, would not necessarily be subject to the Maximum Pay Rate Table for reimbursement for salary and benefits for that individual. However, Sponsoring Agencies may use the rates in the Maximum Pay Rate Table as a guide for establishing compensation levels for such individuals.\n\n(4)  Backfill expenses for Affiliated Personnel under \u00a7 208.39(g).  (i) The only way that DHS can reimburse for Backfill costs incurred for Affiliated Personnel is through Participating Agencies. If reimbursement for Backfill expenses is needed for Affiliated Personnel, DHS encourages them to urge their employers or professional association to seek Participating Agency status.\n\n(ii)  Private, for-profit organizations.  Participating Agency status is available to private, for-profit organizations,  e.g. , HMOs or medical or engineering professional associations, under the revised definition of \u201cParticipating Agency\u201d set forth in this Interim rule. (See Definitions, \u00a7 208.2,  Participating Agency.  and \u00a7 208.32,  Maximum Pay Rate Tabl.e ). When a for-profit Participating Agency must backfill an Activated System Member's position we will compensate that Participating Agency up to the maximum rate provided in the Table.\n\n(iii)  Compensation costs.  DHS will reimburse for-profit organizations, for purposes of reimbursement and Backfill, for the System Member's actual compensation or the actual compensation of the individual who Backfills a position (which includes salary and benefits, as described in \u00a7\u00a7 208.39 and 208.40), but will not reimburse for billable or other rates that might be charged for services rendered to commercial clients or patients."], ["44:44:1.0.1.4.57.1.10.13", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7\u00a7 208.13-208.20 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.4.57.1.10.2", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.2 Definitions of terms used in this part.", "FEMA", "", "", "[70 FR 9194, Feb. 24, 2005, as amended at 74 FR 15353, Apr. 3, 2009]", "(a)  General.  Any capitalized word in this part is a defined term unless such capitalization results from the application of standard capitalization or style rules for Federal regulations. The following definitions have general applicability throughout this part:\n\nActivated  or  Activation  means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a presidential declaration of a major disaster or emergency under the Stafford Act.\n\nActivation Order  means the DHS communication placing a System resource under the direction, control, and funding of DHS.\n\nAdvisory  means a DHS communication to System resources indicating that an event has occurred or DHS anticipates will occur that may require Alert or Activation of System resources.\n\nAlert  means the status of a System resource's readiness when triggered by an Alert Order indicating that DHS may Activate the System resource.\n\nAlert Order  means the DHS communication that places a System resource on Alert status.\n\nAssistant Administrator  means the Assistant Administrator for the Disaster Operations Directorate.\n\nAssistance Officer  means the DHS employee who has legal authority to bind DHS by awarding and amending Cooperative Agreements.\n\nBackfill  means the personnel practice of temporarily replacing a person in his or her usual position with another person.\n\nCooperating Agency  means a State or Local Government that has executed a Cooperative Agreement to provide Technical Specialists.\n\nCooperative Agreement  means a legal instrument between DHS and a Sponsoring Agency or Cooperating Agency that provides funds to accomplish a public purpose and anticipates substantial Federal involvement during the performance of the contemplated activity.\n\nDaily Cost Estimate  means a Sponsoring Agency's estimate of Task Force personnel compensation, itemized fringe benefit rates and amounts including calculations, and Backfill expenditures for a 24-hour period of Activation.\n\nDeputy Assistant Administrator  means the Deputy Assistant Administrator for the Disaster Operations Directorate, or other person the Assistant Administrator designates.\n\nDHS  means the Department of Homeland Security.\n\nDisaster Search Canine Team  means a disaster search canine and handler who have successfully completed the written examination and demonstrated the performance skills required by the Disaster Search Canine Readiness Evaluation Process. A disaster search canine is a dog that has successfully completed the DHS Disaster Search Canine Readiness Evaluation criteria for Type II or both Type II and Type I.\n\nEmergency  means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.\n\nEquipment Cache List  means the DHS-issued list that defines:\n\n(1) The equipment and supplies that US & R will furnish to Sponsoring Agencies; and\n\n(2) The maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with DHS funds.\n\nFederal Excess Property  means any Federal personal property under the control of a Federal agency that the agency head or a designee determines is not required for its needs or for the discharge of its responsibilities.\n\nFederal Response Plan  means the signed agreement among various Federal departments and agencies that provides a mechanism for coordinating delivery of Federal assistance and resources to augment efforts of State and Local Governments overwhelmed by a Major Disaster or Emergency, supports implementation of the Stafford Act, as well as individual agency statutory authorities, and supplements other Federal emergency operations plans developed to address specific hazards.\n\nJoint Management Team  or  JMT  means a multi-disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue (US&R), and other specialists combined to provide operations, planning, logistics, finance and administrative support for US&R and NDMS resources, and to provide technical advice and assistance to States and Local Governments.\n\nLocal Government  means any county, city, village, town, district, or other political subdivision of any State; any federally recognized Indian tribe or authorized tribal organization; and any Alaska Native village or organization.\n\nMajor Disaster  means any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or regardless of cause, any fire, flood, or explosion, in any part of the United States, that in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to supplement the efforts and available resources of States, Local Governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.\n\nMemorandum of Agreement (MOA)  means the document signed by DHS, a Sponsoring Agency and its State that describes the relationship of the parties with respect to the National Urban Search & Rescue Response System.\n\nParticipating Agency  means a State or Local Government, non-profit organization, or private organization that has executed an agreement with a Sponsoring Agency to participate in the National US&R Response System.\n\nPersonnel Rehabilitation Period  means the period allowed by DHS for a person's rehabilitation to normal conditions of living following an Activation.\n\nPreparedness Cooperative Agreement  means the agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency to develop and maintain System capabilities and operational readiness.\n\nProgram Directive  means guidance and direction for action to ensure consistency and standardization across the National US&R Response System.\n\nProgram Manager  means the individual, or his or her designee, within DHS who is responsible for day-to-day administration of the National US&R Response System.\n\nProgram Office  means the organizational entity within DHS that is responsible for day-to-day administration of the National US&R Response System.\n\nResponse Cooperative Agreement  means an agreement between DHS and a Sponsoring Agency for reimbursement of allowable expenditures incurred by the Sponsoring Agency as a result of an Alert or Activation.\n\nSponsoring Agency  means a State or Local Government that has executed an MOA with DHS to organize and administer a Task Force.\n\nStafford Act  means the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206.\n\nState  means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia or the Republic of the Marshall Islands.\n\nSupport Specialist  means a person participating in the System who assists the Task Force with administrative or other support during mobilization, ground transportation and demobilization as directed.\n\nSystem  or  National US&R Response System  means the national US&R response capability administered by DHS.\n\nSystem Member  means any Task Force Member, JMT Member, Technical Specialist, Support Specialist or Disaster Search Canine Team.\n\nTask Force  means an integrated US&R organization of multi-disciplinary resources with common communications and a leader, organized and administered by a Sponsoring Agency and meeting DHS standards.\n\nTask Force Member  means a person occupying a position on a Task Force.\n\nTechnical Specialist  means a person participating in the System contributing technical knowledge and skill who may be placed on Alert or Activated as a single resource and not as a part of a JMT or a Task Force.\n\nUS&R  means urban search and rescue, the process of searching for, extricating, and providing for the immediate medical stabilization of victims who are entrapped in collapsed structures.\n\n(b)  Additional definitions.  Definitions for certain terms that apply only to individual subparts of this part are located in those subparts."], ["44:44:1.0.1.4.57.1.10.3", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.3 Authority for the National US&R Response System.", "FEMA", "", "", "", "(a)  Enabling legislation.  The Federal Emergency Management Agency established and operated the System under the authority of \u00a7\u00a7 303, 306(a), 306(b), 403(a)(3)(B) and 621(c) of the Stafford Act, 42 U.S.C. 5144, 5149(a), 5149(b), 5170b(a)(3)(B) and 5197(c), respectively. Section 503 of the Homeland Security Act of 2002, 6 U.S.C. 313, transferred the functions of the Administrator of FEMA to the Secretary of Homeland Security. The President redelegated to the Secretary of Homeland Security in Executive Order 13286 those authorities of the President under the Stafford Act that had been delegated previously to the Administrator of FEMA under Executive Order 12148.\n\n(b)  Implementing plan.  The National Response Plan identifies DHS as the primary Federal agency with responsibility for Emergency Support Function 9, Urban Search and Rescue."], ["44:44:1.0.1.4.57.1.10.4", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.4 Purpose for System.", "FEMA", "", "", "", "It is DHS policy to develop and provide a national system of standardized US&R resources to respond to Emergencies and Major Disasters that are beyond the capabilities of affected State and Local Governments."], ["44:44:1.0.1.4.57.1.10.5", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.5 Authority of the Assistant Administrator for the Disaster Operations Directorate.", "FEMA", "", "", "", "(a)  Participation in activities of the System.  The Assistant Administrator is responsible for determining participation in the System and any activity thereof, including but not limited to whether a System resource is operationally ready for Activation.\n\n(b)  Standards for and measurement of System efficiency and effectiveness.  In addition to the authority provided in \u00a7 206.13 of this chapter, the Assistant Administrator may establish performance standards and assess the efficiency and effectiveness of System resources."], ["44:44:1.0.1.4.57.1.10.6", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.6 System resource reports.", "FEMA", "", "", "", "(a)  Reports to Assistant Administrator.  The Assistant Administrator may request reports from any System resource relating to its activities as part of the System.\n\n(b)  Reports to FEMA Regional Administrators.  Any FEMA Regional Administrator may request through the Assistant Administrator reports from any System resource used within or based within the Regional Administrator's jurisdiction.\n\n(c)  Audits, investigations, studies and evaluations.  DHS and the General Accounting Office may conduct audits, investigations, studies, and evaluations as necessary. Sponsoring Agencies, Participating Agencies and System Members are expected to cooperate fully in such audits, investigations, studies and evaluations."], ["44:44:1.0.1.4.57.1.10.7", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.7 Enforcement.", "FEMA", "", "", "[70 FR 9194, Feb. 24, 2005, as amended at 79 FR 76087, Dec. 19, 2014]", "(a)  Remedies for noncompliance.  In accordance with the provisions of 2 CFR 200.338, 200.341, and 200.342, if a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member materially fails to comply with a term of a Cooperative Agreement, Memorandum of Agreement, System directive or other Program Directive, the Assistant Administrator may take one or more of the actions provided in 2 CFR 200.338(a)-(f). Any such enforcement action taken by the Assistant Administrator will be subject to the hearings, appeals, and effects of suspension and termination provisions of 2 CFR 200.341 and 200.342.\n\n(b) The enforcement remedies identified in this section, including suspension and termination, do not preclude a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member from being subject to \u201cDebarment and Suspension\u201d under E.O. 12549, as amended, in accordance with 2 CFR 200.338(d).\n\n(c)  Other authority for sanctions.  Nothing in this section limits or precludes the application of other authority to impose civil or criminal sanctions, including 42 U.S.C. 5156."], ["44:44:1.0.1.4.57.1.10.8", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.8 Code of conduct.", "FEMA", "", "", "", "The Assistant Administrator will develop and implement a code of conduct for System Members acting under DHS's direction and control. Nothing in this section or the DHS code of conduct will limit the authority of a Sponsoring Agency, Participating Agency or Cooperating Agency to apply its own code of conduct to its System Members or employees. If the DHS code is more restrictive, it controls."], ["44:44:1.0.1.4.57.1.10.9", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "A", "Subpart A\u2014General", "", "\u00a7 208.9 Agreements between Sponsoring Agencies and Participating Agencies.", "FEMA", "", "", "", "Every agreement between a Sponsoring Agency and a Participating Agency regarding the System must include a provision making this part applicable to the Participating Agency and its employees who engage in System activities."], ["44:44:1.0.1.4.57.2.10.1", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.21 Purpose.", "FEMA", "", "", "", "Subpart B of this part provides guidance on the administration of Preparedness Cooperative Agreements."], ["44:44:1.0.1.4.57.2.10.2", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.22 Preparedness Cooperative Agreement process.", "FEMA", "", "", "", "(a)  Application.  To obtain DHS funding for an award or amendment of a Preparedness Cooperative Agreement, the Sponsoring Agency must submit an application. Standard form SF-424 \u201cApplication for Federal Assistance\u201d generally will be used. However, the application must be in a form that the Assistance Officer specifies.\n\n(b)  Award.  DHS will award a Preparedness Cooperative Agreement to each Sponsoring Agency to provide Federal funding to develop and maintain System resource capabilities and operational readiness. For the purposes of the Preparedness Cooperative Agreement, the Sponsoring Agency will be considered the \u201crecipient.\u201d\n\n(c)  Amendment \u2014(1)  Procedure.  Absent special circumstances, DHS will fund and amend Preparedness Cooperative Agreements on an annual basis. Before amendment, the Assistance Officer will issue a call for Cooperative Agreement amendment applications. The Assistance Officer will specify required application forms and supporting documentation to be submitted with the application.\n\n(2)  Period of performance.  Absent special circumstances, the period of performance for Preparedness Cooperative Agreements will be 1 year from the date of award. The Assistance Officer may allow for an alternate period of performance with the approval of the Assistant Administrator.\n\n(3)  Assistance Officer.  The Assistance Officer is the only individual authorized to award or modify a Preparedness Cooperative Agreement.\n\n(d)  Award amounts.  The Assistant Administrator will determine award amounts on an annual basis. A Task Force is eligible for an annual award only if the Program Manager receives and approves the Task Force's current-year Daily Cost Estimate.\n\n(e)  DHS priorities.  The Assistant Administrator will establish overall priorities for the use of Preparedness Cooperative Agreement funds taking into consideration the results of readiness evaluations and actual Activations, overall priorities of DHS, and other factors, as appropriate.\n\n(f)  Cost sharing.  The Assistant Administrator may subject Preparedness Cooperative Agreement awards to cost sharing provisions. In the call for Preparedness Cooperative Agreement amendment applications, the Assistance Officer must inform Sponsoring Agencies about any cost sharing obligations.\n\n(g)  Sponsoring Agency priorities.  The Sponsoring Agency should indicate its spending priorities in the application. The Program Manager will review these priorities and will make recommendations to the Assistance Officer for negotiating the final agreement.\n\n(h)  Responsibility to maintain integrity of the equipment cache.  The Sponsoring Agency is responsible to maintain the integrity of the equipment cache, including but not limited to, maintenance of the cache, replacement of equipment or supplies expended in training, activations, or local use of the cache, and timely availability of the cache for Task Force Activations."], ["44:44:1.0.1.4.57.2.10.3", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.23 Allowable costs under Preparedness Cooperative Agreements.", "FEMA", "", "", "[70 FR 9194, Feb. 24, 2005, as amended at 79 FR 76087, Dec. 19, 2014]", "System Members may spend Federal funds that DHS provides under any Preparedness Cooperative Agreement and any required matching funds under 2 CFR part 200, subpart E\u2014Cost Principles, and this section to pay reasonable, allowable, necessary and allocable costs that directly support System activities, including the following:\n\n(a) Administration, including:\n\n(1) Management and administration of day-to-day System activities such as personnel compensation and benefits relating to System maintenance and development, record keeping, inventory of equipment, and correspondence;\n\n(2) Travel to and from System activities, meetings, conferences, training, drills and exercises;\n\n(3) Tests and examinations, including vaccinations, immunizations and other tests that are not normally required or provided in the course of a System Member's employment, and that DHS requires to meet its standards.\n\n(b) Training:\n\n(1) Development and delivery of, and participation in, System-related training courses, exercises, and drills;\n\n(2) Construction, maintenance, lease or purchase of System-related training facilities or materials;\n\n(3) Personnel compensation expenses, including overtime and other related expenses associated with System-related training, exercises, or drills;\n\n(4) System-required evaluations and certifications other than the certifications that DHS requires System Members to possess at the time of entry into the System. For instance, DHS will not pay for a medical school degree, paramedic certification or recertification, civil engineering license, etc.\n\n(c) Equipment:\n\n(1) Procurement of equipment and supplies specifically identified on the then-current DHS-approved Equipment Cache List;\n\n(2) Maintenance and repair of equipment included on the current Equipment Cache List;\n\n(3) Maintenance and repair of equipment acquired with DHS approval through the Federal Excess Property program, except as provided in \u00a7 208.25 of this part;\n\n(4) Purchase, construction, maintenance or lease of storage facilities and associated equipment for System equipment and supplies.\n\n(d) Disaster search canine expenses limited to:\n\n(1) Procurement for use as a System resource;\n\n(2) Training and certification expenses;\n\n(3) Veterinary care.\n\n(e) Management and administrative costs, actually incurred but not otherwise specified in this section that directly support the Sponsoring Agency's US&R capability, provided that such costs do not exceed 7.5 percent of the award/amendment amount."], ["44:44:1.0.1.4.57.2.10.4", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.24 Purchase and maintenance of items not listed on Equipment Cache List.", "FEMA", "", "", "", "(a) Requests for purchase or maintenance of equipment and supplies not appearing on the Equipment Cache List, or that exceed the number specified in the Equipment Cache List, must be made in writing to the Program Manager. No Federal funds provided under any Preparedness Cooperative Agreement may be expended to purchase or maintain any equipment or supply item unless:\n\n(1) The equipment and supplies directly support the Sponsoring Agency's US&R capability;\n\n(2) The Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the Sponsoring Agency purchases the equipment or supply item.\n\n(b) Maintenance of items approved for purchase under this section is eligible for reimbursement, except as provided in \u00a7 208.26 of this subpart."], ["44:44:1.0.1.4.57.2.10.5", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.25 Obsolete equipment.", "FEMA", "", "", "", "(a) The Assistant Administrator will periodically identify obsolete items on the Equipment Cache List and provide such information to Sponsoring Agencies.\n\n(b) Neither funds that DHS provides nor matching funds required under a Preparedness Cooperative Agreement may be used to maintain or repair items that DHS has identified as obsolete."], ["44:44:1.0.1.4.57.2.10.6", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.26 Accountability for use of funds.", "FEMA", "", "", "[79 FR 76087, Dec. 19, 2014]", "The Sponsoring Agency is accountable for the use of funds as provided under the Preparedness Cooperative Agreement, including financial reporting and retention and access requirements according to 2 CFR 200.327 and 200.333-200.337."], ["44:44:1.0.1.4.57.2.10.7", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7 208.27 Title to equipment.", "FEMA", "", "", "[79 FR 76087, Dec. 19, 2014]", "Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Preparedness Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 2 CFR 200.313(e)(3), for example, when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement."], ["44:44:1.0.1.4.57.2.10.8", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "B", "Subpart B\u2014Preparedness Cooperative Agreements", "", "\u00a7\u00a7 208.28-208.30 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.4.57.3.10.1", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.31 Purpose.", "FEMA", "", "", "", "Subpart C of this part provides guidance on the administration of Response Cooperative Agreements."], ["44:44:1.0.1.4.57.3.10.10", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.40 Reimbursement of fringe benefit costs during Activation.", "FEMA", "", "", "", "(a) Except as specified in \u00a7 208.40 (c) of this subpart, DHS will reimburse the Sponsoring Agency for fringe benefit costs incurred during Activation according to the following table:\n\n(b)  Differential pay.  DHS will reimburse the Sponsoring Agency for direct costs incurred because of any separate differential compensation paid for work performed during an Activation including, but not limited to, differentials paid for holidays, night work, hazardous duty, or other paid fringe benefits, provided such differentials are not otherwise reimbursed under paragraph (a) of this section. A detailed explanation of the differential payment for which the Sponsoring Agency seeks reimbursement must accompany any request for reimbursement under this section together with identification of every fringe benefit sought under \u00a7 208.40(a) of this part and the method used to calculate each such payment and the reimbursement sought from DHS.\n\n(c) DHS will not reimburse the Sponsoring Agency for fringe benefit costs for Affiliated Personnel."], ["44:44:1.0.1.4.57.3.10.11", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.41 Administrative allowance.", "FEMA", "", "", "", "(a) The administrative allowance is intended to defray costs of the following activities, to the extent provided in paragraph (b) of this section:\n\n(1) Collecting expenditure information from Sponsoring Agencies and Participating Agencies;\n\n(2) Compiling and summarizing cost records and reimbursement claims;\n\n(3) Duplicating cost records and reimbursement claims; and\n\n(4) Submitting reimbursement claims, including mailing, transmittal, and related costs.\n\n(b) The administrative allowance will be equal to the following:\n\n(1) If total allowable costs are less than $100,000, 3 percent of total allowable costs included in the reimbursement claim;\n\n(2) If total allowable costs are $100,000 or more but less than $1,000,000, $3,000 plus 2 percent of costs included in the reimbursement claim greater than $100,000;\n\n(3) If total allowable costs are $1,000,000 or more, $21,000 plus 1 percent of costs included in the reimbursement claim greater than $1,000,000."], ["44:44:1.0.1.4.57.3.10.12", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.42 Reimbursement for other administrative costs.", "FEMA", "", "", "", "Costs incurred for conducting after-action meetings and preparing after-action reports must be billed as direct costs in accordance with DHS administrative policy."], ["44:44:1.0.1.4.57.3.10.13", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.43 Rehabilitation.", "FEMA", "", "", "", "DHS will reimburse costs incurred to return System equipment and personnel to a state of readiness following Activation as provided in this section.\n\n(a)  Costs for Equipment Cache List items \u2014(1)  Non-consumable items.  DHS will reimburse costs incurred to repair or replace any non-consumable item on the Equipment Cache List that was lost, damaged, destroyed, or donated at DHS direction to another entity, during Activation. For each such item, the Sponsoring Agency must document, in writing, the circumstances of the loss, damage, destruction, or donation.\n\n(2)  Consumable items.  DHS will reimburse costs incurred to replace any consumable item on the Equipment Cache List that was consumed during Activation.\n\n(3)  Personnel costs associated with equipment cache rehabilitation.  DHS will reimburse costs incurred for the compensation, including benefits, payable for actual time worked by each person engaged in rehabilitating the equipment cache following Activation, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard to the provisions of \u00a7 208.39(e)(1) of this part, up to the number of hours specified in the Demobilization Order. Fringe benefits are reimbursed under the provisions of \u00a7 208.40 of this part.\n\n(b)  Costs for personnel rehabilitation.  DHS will reimburse costs incurred for the compensation, including benefits and Backfill, of each Activated System Member regularly scheduled to work during the rehabilitation period specified in the Demobilization Order, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard to the provisions of \u00a7 208.39(e)(1) of this part.\n\n(c)  Other allowable costs \u2014(1)  Local transportation.  DHS will reimburse costs incurred for transporting Task Force Members from the point of assembly to the point of departure and from the point of return to the location where they are released from duty. DHS will also reimburse transportation costs incurred for assembling and moving the equipment cache from its usual place(s) of storage to the point of departure, and from the point of return to its usual place(s) of storage. Such reimbursement will include costs to return the means of transportation to its point of origin.\n\n(2)  Ground transportation.  When DHS orders a Sponsoring Agency to move its Task Force Members and equipment cache by ground transportation, DHS will reimburse costs incurred for such transportation, including but not limited to charges for contract carriers, rented vehicles, contract vehicle operators, fleet vehicles, fuel and associated transportation expenses. The Assistant Administrator has authority to issue schedules of maximum hourly or per mile reimbursement rates for fleet and contract vehicles.\n\n(3)  Food and beverages.  DHS will reimburse expenditures for food and beverages for Activated Task Force Members and Support Specialists when the Federal government does not provide meals during Activation. Reimbursement of food and beverage costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the Activation or traveling to or from locations at which they were actively supporting the Activation. Food and beverage reimbursement will be limited to the amount of the then-current Federal meals and incidental expenses daily allowance published in the  Federal Register  for the locality where such food and beverages were provided, multiplied by the number of personnel who received the same."], ["44:44:1.0.1.4.57.3.10.14", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.44 Reimbursement for other costs.", "FEMA", "", "", "", "(a) Except as allowed under paragraph (b) of this section, DHS will not reimburse other costs incurred preceding, during or upon the conclusion of an Activation unless, before making the expenditure, the Sponsoring Agency has requested, in writing, permission for a specific expenditure and has received written permission from the Program Manager or his or her designee to make such expenditure.\n\n(b) At the discretion of the Program Manager or his or her designee, a request for approval of costs presented after the costs were incurred must be in writing and establish that:\n\n(1) The expenditure was essential to the Activation and was reasonable;\n\n(2) Advance written approval by the Program Manager was not feasible; and\n\n(3) Advance verbal approval by the Program Manager had been requested and was given."], ["44:44:1.0.1.4.57.3.10.15", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.45 Advance of funds.", "FEMA", "", "", "", "At the time of Activation of a Task Force, the Task Force will develop the documentation necessary to request an advance of funds be paid to such Task Force's Sponsoring Agency. Upon approval, DHS will submit the documentation to the Assistance Officer and will request an advance of funds up to 75 percent of the estimated personnel costs for the Activation. The estimated personnel costs will include the salaries, benefits, and Backfill costs for Task Force Members and an estimate of the salaries, benefits and Backfill costs required for equipment cache rehabilitation. The advance of funds will not include any costs for equipment purchase."], ["44:44:1.0.1.4.57.3.10.16", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.46 Title to equipment.", "FEMA", "", "", "[79 FR 76087, Dec. 19, 2014]", "Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Response Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 2 CFR 200.313(e)(3), when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement."], ["44:44:1.0.1.4.57.3.10.17", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7\u00a7 208.47-208.50 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.4.57.3.10.2", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.32 Definitions of terms used in this subpart.", "FEMA", "", "", "", "Affiliated Personnel  means individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers.\n\nDemobilization Order  means a DHS communication that terminates an Alert or Activation and identifies cost and time allowances for rehabilitation.\n\nExempt  means any System Member who is exempt from the requirements of the Fair Labor Standards Act, 29 U.S.C. 201  et seq.,  pertaining to overtime compensation and other labor standards.\n\nMaximum Pay Rate Table  means the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency. The Maximum Pay Rate Table does not apply to a System member whom a Sponsoring Agency or Participating Agency employs.\n\nMobilization  means the process of assembling equipment and personnel in response to an Alert or Activation.\n\nNon-Exempt  means any System Member who is covered by 29 U.S.C. 201  et seq.\n\nRehabilitation  means the process of returning personnel and equipment to a pre-incident state of readiness after DHS terminates an Activation."], ["44:44:1.0.1.4.57.3.10.3", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.33 Allowable costs.", "FEMA", "", "", "[70 FR 9194, Feb. 24, 2005, as amended at 79 FR 76087, Dec. 19, 2014]", "(a)  Cost neutrality.  DHS policy is that an Alert or Activation should be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. To make an Alert or Activation cost-neutral, DHS will reimburse under this subpart all reasonable, allowable, necessary and allocable costs that a Sponsoring Agency or Participating Agency incurs during the Alert or Activation.\n\n(b)  Actual costs.  Notwithstanding any other provision of this chapter, DHS will not reimburse a Sponsoring Agency or Participating Agency for any costs greater than those that the Sponsoring Agency or Participating Agency actually incurs during an Alert, Activation.\n\n(c)  Normal or predetermined practices.  Consistent with 2 CFR parts 200 and 3002, Sponsoring Agencies and Participating Agencies must adhere to their own normal and predetermined practices and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart.\n\n(d)  Indirect costs.  Indirect costs beyond the administrative and management costs allowance established by \u00a7 208.41 of this part are not allowable."], ["44:44:1.0.1.4.57.3.10.4", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.34 Agreements between Sponsoring Agencies and others.", "FEMA", "", "", "", "Sponsoring Agencies are responsible for executing such agreements with Participating Agencies and Affiliated Personnel as may be necessary to implement the Sponsoring Agency's Response Cooperative Agreement with DHS. Those agreements must identify established hourly or daily rates of pay for System Members. The hourly or daily rates of pay for Affiliated Personnel must be in accordance with, and must not exceed, the maximum pay rates contained in the then-current Maximum Pay Rate Table."], ["44:44:1.0.1.4.57.3.10.5", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.35 Reimbursement for Advisory.", "FEMA", "", "", "", "DHS will not reimburse costs incurred during an Advisory."], ["44:44:1.0.1.4.57.3.10.6", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.36 Reimbursement for Alert.", "FEMA", "", "", "", "(a)  Allowable costs.  DHS will reimburse costs incurred during an Alert, up to the dollar limit specified in the Alert Order, for the following activities:\n\n(1) Personnel costs, including Backfill, incurred to prepare for Activation.\n\n(2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers.\n\n(3) The administrative allowance provided in \u00a7 208.41 of this part.\n\n(4) Food and beverages for Task Force Members and Support Specialists when DHS does not provide meals during the Alert. DHS will limit food and beverage reimbursement to the amount of the then-current Federal meals daily allowance published in the  Federal Register  for the locality where such food and beverages were provided, multiplied by the number of personnel who received them.\n\n(b)  Calculation of Alert Order dollar limit.  The Alert Order dollar limit will equal:\n\n(1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and\n\n(2) A supplemental allowance of 1 percent of the Task Force's Daily Cost Estimate for each 24-hour period beyond the first 72 hours of Alert.\n\n(c)  Non-allowable costs.  DHS will not reimburse costs incurred or relating to the leasing, hiring or chartering of aircraft or the purchase of any equipment, aircraft, or vehicles."], ["44:44:1.0.1.4.57.3.10.7", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.37 Reimbursement for equipment and supply costs incurred during Activation.", "FEMA", "", "", "", "(a)  Allowable costs.  DHS will reimburse costs incurred for the emergency procurement of equipment and supplies in the number, type, and up to the cost specified in the current approved Equipment Cache List, and up to the aggregate dollar limit specified in the Activation Order. The Assistant Administrator may determine emergency procurement dollar limits, taking into account previous Activation history, available funding, the extent and nature of the incident, and the current state of Task Force readiness.\n\n(b)  Non-Allowable costs.  DHS will not reimburse costs incurred for items that are not listed on the Equipment Cache List; for items purchased greater than the cost or quantity identified in the Equipment Cache List; or for any purchase of non-expendable items that duplicate a previous purchase under a Preparedness or Response Cooperative Agreement."], ["44:44:1.0.1.4.57.3.10.8", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.38 Reimbursement for re-supply and logistics costs incurred during Activation.", "FEMA", "", "", "", "With the exception of emergency procurement authorized in the Activation Order, and replacement of consumable items provided for in \u00a7 208.43(a)(2) of this subpart, DHS will not reimburse costs incurred for re-supply and logistical support during Activation. Re-supply and logistical support of Task Forces needed during Activation are the responsibility of the Joint Management Team."], ["44:44:1.0.1.4.57.3.10.9", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "C", "Subpart C\u2014Response Cooperative Agreements", "", "\u00a7 208.39 Reimbursement for personnel costs incurred during Activation.", "FEMA", "", "", "", "(a)  Compensation.  DHS will reimburse the Sponsoring Agency for costs incurred for the compensation of each Activated System Member during Activation. Reimbursement of compensation costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the Activation or traveling to or from locations at which they were actively supporting the Activation. The provisions of \u00a7 208.40 of this part govern costs incurred for providing fringe benefits to System Members.\n\n(b)  Public Safety Exemption not applicable.  DHS will reimburse Sponsoring Agencies for costs incurred by Non-Exempt System Members in accordance with 29 U.S.C. 207(a) of the Fair Labor Standards Act, without regard to the public safety exemption contained in 29 U.S.C. 207(k). In other words, DHS will reimburse Sponsoring Agencies on an overtime basis for any hours worked by Non-Exempt System Members greater than 40 hours during a regular workweek.\n\n(c)  Tour of duty.  The tour of duty for all Activated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overtime costs incurred in compensating System Members for meal periods and regularly scheduled sleep periods during Activation. Activated System Members are considered \u201con-duty\u201d and must be available for immediate response at all times during Activation.\n\n(d)  Regular rate.  The regular rate for purposes of calculating allowable salary and overtime costs is the amount determined in accordance with \u00a7 208.39(e)(1) through (3) of this subpart.\n\n(e)  Procedures for calculating compensation during Activation.  A Sponsoring Agency or Participating Agency must:\n\n(1) Convert the base hourly wage of any Non-Exempt System Member regularly paid under 29 U.S.C. 207(k) to its equivalent for a 40-hour work week;\n\n(2) Convert the annual salary of any salaried Non-Exempt System Member to its hourly equivalent for a 40-hour workweek;\n\n(3) Calculate the daily compensation of Exempt System Members based on their current annual salary, exclusive of fringe benefits;\n\n(4) Calculate the total number of hours worked by each System Member to be included in the Sponsoring Agency's request for reimbursement; and\n\n(5) Submit a request for reimbursement under \u00a7 208.52 of this part according to the following table:\n\n(f)  Reimbursement of additional salary and overtime costs.  DHS will reimburse any identified additional salary and overtime cost incurred by a Sponsoring Agency as a result of the temporary conversion of a Non-Exempt System Member normally compensated under 29 U.S.C. 207(k) to a 40-hour work week under 29 U.S.C. 207(a).\n\n(g)  Reimbursement for Backfill costs upon Activation.  DHS will reimburse the cost to Backfill System Members. Backfill costs consist of the expenses generated by filling the position in which the Activated System Member should have been working. These costs are calculated by subtracting the non-overtime compensation, including fringe benefits, of Activated System Members from the total costs (non-overtime and overtime compensation, including fringe benefits) paid to Backfill the Activated System Members. Backfill reimbursement is available only for those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation. Employees exempt under the Fair Labor Standards Act (FLSA) not normally Backfilled by the Sponsoring Agency or Participating Agency are not eligible for Backfill during Activation."], ["44:44:1.0.1.4.57.4.10.1", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.51 General.", "FEMA", "", "", "", "(a)  Purpose.  This subpart identifies the procedures that Sponsoring Agencies must use to request reimbursement from DHS for costs incurred under Response Cooperative Agreements.\n\n(b)  Policy.  It is DHS policy to reimburse Sponsoring Agencies as expeditiously as possible consistent with Federal laws and regulations."], ["44:44:1.0.1.4.57.4.10.10", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.66 Reopening of claims for retrospective or retroactive adjustment of costs.", "FEMA", "", "", "", "(a) Upon written request by the Sponsoring Agency DHS will reopen the time period for submission of a request for reimbursement after the Sponsoring Agency has submitted its request for reimbursement, if:\n\n(1) The salary or wage rate applicable to the period of an Activation is retroactively changed due to the execution of a collective bargaining agreement, or due to the adoption of a generally applicable State or local law, ordinance or wage order or a cost-of-living adjustment;\n\n(2) The Sponsoring Agency or any Participating Agency incurs an additional cost because of a legally-binding determination; or\n\n(3) The Deputy Director determines that other extenuating circumstances existed that prevented the Sponsoring Agency from including the adjustment of costs in its original submission.\n\n(c) The Sponsoring Agency must notify DHS as early as practicable that it anticipates such a request."], ["44:44:1.0.1.4.57.4.10.11", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7\u00a7 208.67-208.70 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.4.57.4.10.2", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.52 Reimbursement procedures.", "FEMA", "", "", "", "(a)  General.  A Sponsoring Agency must present a claim for reimbursement to DHS in such manner as the Assistant Administrator specifies .\n\n(b)  Time for submission.  (1) Claims for reimbursement must be submitted within 90 days after the end of the Personnel Rehabilitation Period specified in the Demobilization Order.\n\n(2) The Assistant Administrator may extend and specify the time limitation in paragraph (b)(1) of this section when the Sponsoring Agency justifies and requests the extension in writing."], ["44:44:1.0.1.4.57.4.10.3", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7\u00a7 208.53-208.59 [Reserved]", "FEMA", "", "", "", ""], ["44:44:1.0.1.4.57.4.10.4", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.60 Determination of claims.", "FEMA", "", "", "", "When DHS receives a reviewable claim for reimbursement, DHS will review the claim to determine whether and to what extent reimbursement is allowable. Except as provided in \u00a7 208.63 of this part, DHS will complete its review and give written notice to the Sponsoring Agency of its determination within 90 days after the date DHS receives the claim. If DHS determines that any item of cost is not eligible for reimbursement, its notice of determination will specify the grounds on which DHS disallowed reimbursement."], ["44:44:1.0.1.4.57.4.10.5", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.61 Payment of claims.", "FEMA", "", "", "", "DHS will reimburse all allowable costs for which a Sponsoring Agency requests reimbursement within 30 days after DHS determines that reimbursement is allowable, in whole or in part, at any stage of the reimbursement and appeal processes identified in this subpart."], ["44:44:1.0.1.4.57.4.10.6", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.62 Appeals.", "FEMA", "", "", "", "(a)  Initial appeal.  The Sponsoring Agency may appeal to the Program Manager any determination made under \u00a7 208.60 of this part to disallow reimbursement of an item of cost:\n\n(1) The appeal must be in writing and submitted within 60 days after receipt of DHS's written notice of disallowance under \u00a7 208.60 of this part.\n\n(2) The appeal must contain legal and factual justification for the Sponsoring Agency's contention that the cost is allowable.\n\n(3) Within 90 days after DHS receives an appeal, the Program Manager will review the information submitted, make such additional investigations as necessary, make a determination on the appeal, and submit written notice of the determination of the appeal to the Sponsoring Agency.\n\n(b)  Final appeal.  (1) If the Program Manager denies the initial appeal, in whole or in part, the Sponsoring Agency may submit a final appeal to the Deputy Assistant Administrator. The appeal must be made in writing and must be submitted not later than 60 days after receipt of written notice of DHS's determination of the initial appeal.\n\n(2) Within 90 days following the receipt of a final appeal, the Deputy Assistant Administrator will render a determination and notify the Sponsoring Agency, in writing, of the final disposition of the appeal.\n\n(c)  Failure to file timely appeal.  If the Sponsoring Agency does not file an appeal within the time periods specified in this section, DHS will deem that the Sponsoring Agency has waived its right to appeal any decision that could have been the subject of an appeal."], ["44:44:1.0.1.4.57.4.10.7", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.63 Request by DHS for supplemental information.", "FEMA", "", "", "", "(a) At any stage of the reimbursement and appeal processes identified in this subpart, DHS may request the Sponsoring Agency to provide supplemental information that DHS considers necessary to determine either a claim for reimbursement or an appeal. The Sponsoring Agency must exercise its best efforts to provide the supplemental information and must submit to DHS a written response that includes such supplemental information as the Sponsoring Agency is able to provide within 30 days after receiving DHS's request.\n\n(b) If DHS makes a request for supplemental information at any stage of the reimbursement and appeal processes, the applicable time within which its determination of the claim or appeal is to be made will be extended by 30 days. However, without the consent of the Sponsoring Agency, no more than one such time extension will be allowed for any stage of the reimbursement and appeal processes."], ["44:44:1.0.1.4.57.4.10.8", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.64 Administrative and audit requirements.", "FEMA", "", "", "", "(a)  Non-Federal audit.  For Sponsoring Agencies and States, requirements for non-Federal audit are contained in 44 CFR 13.26, in accordance with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.\n\n(b)  Federal audit.  DHS or the Government Accountability Office may elect to conduct a Federal audit of any payment made to a Sponsoring Agency or State."], ["44:44:1.0.1.4.57.4.10.9", 44, "Emergency Management and Assistance", "I", "D", "208", "PART 208\u2014NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM", "D", "Subpart D\u2014Reimbursement Claims and Appeals", "", "\u00a7 208.65 Mode of transmission.", "FEMA", "", "", "", "When sending all submissions, determinations, and requests for supplemental information under this subpart, all parties must use a means of delivery that permits both the sender and addressee to verify the dates of delivery."]], "truncated": false, "filtered_table_rows_count": 71, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "208"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=208", "results": [{"value": 44, "label": 44, "count": 49, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&title_number=44", "selected": false}, {"value": 33, "label": 33, "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&title_number=33", "selected": false}, {"value": 21, "label": 21, "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&title_number=21", "selected": false}, {"value": 24, "label": 24, "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&title_number=24", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=208", "results": [{"value": "FEMA", "label": "FEMA", "count": 49, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&agency=FEMA", "selected": false}, {"value": "USACE", "label": "USACE", "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&agency=USACE", "selected": false}, {"value": "FDA", "label": "FDA", "count": 5, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&agency=FDA", "selected": false}, {"value": "HUD", "label": "HUD", "count": 4, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&agency=HUD", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=208", "results": [{"value": "208", "label": "208", "count": 71, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=208&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 123.66467900574207, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}