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| 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 |
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| 21:21:4.0.1.1.8.1.1.1 | 21 | Food and Drugs | I | C | 208 | PART 208—MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS | A | Subpart A—General Provisions | § 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. (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. (c) Patient labeling will be required if the FDA determines that one or more of the following circumstances exists: (1) The drug product is one for which patient labeling could help prevent serious adverse effects. (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. (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—MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS | A | Subpart A—General Provisions | § 208.3 Definitions. | FDA | For the purposes of this part, the following definitions shall apply: (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. (b) Dispense to patients means the act of delivering a prescription drug product to a patient or an agent of the patient either: (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 (2) By an authorized dispenser or an agent of an authorized dispenser under a lawful prescription of a licensed practitioner. (c) Distribute means the act of delivering, other than by dispensing, a drug product to any person. (d) Distributor means a person who distributes a drug product. (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. (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. (g) Manufacturer means for a drug product that is not also a biological product, both the manufacturer as described in § 201.1 and the applicant as described in § 314.3(b) of this chapter, and for a drug product that is also a biological product, the manufacturer as described in § 600.3(t) of this chapter. (h) Medication Guide means FDA-approved patient labeling conforming to the specifications set forth in this part and other applicable regulations. (i) Packer means a person who packages a drug product. (j) Patient me… | ||||
| 21:21:4.0.1.1.8.2.1.1 | 21 | Food and Drugs | I | C | 208 | PART 208—MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS | B | Subpart B—General Requirements for a Medication Guide | § 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: (1) The Medication Guide shall be written in English, in nontechnical, understandable language, and shall not be promotional in tone or content. (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 § 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. (3) The Medication Guide shall be specific and comprehensive. (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. (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. (6) The words “Medication Guide” shall appear prominently at the top of the first page of a Medication Guide. The verbatim statement “This Medication Guide has been approved by the U.S. Food and Drug Administration” shall appear at the bottom of a Medication Guide. (7) The brand and established or proper name of the drug product shall appear immediately below the words “Medication Guide.” The established or proper name shall be no less than one-half the height of the brand name. (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: (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 e… | |||
| 21:21:4.0.1.1.8.2.1.2 | 21 | Food and Drugs | I | C | 208 | PART 208—MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS | B | Subpart B—General Requirements for a Medication Guide | § 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. (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: (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 (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. (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. (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. (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 § 208.26. (f) An authorized dispenser or wholesaler is not subject to section 510 of the… | ||||
| 21:21:4.0.1.1.8.2.1.3 | 21 | Food and Drugs | I | C | 208 | PART 208—MEDICATION GUIDES FOR PRESCRIPTION DRUG PRODUCTS | B | Subpart B—General Requirements for a Medication Guide | § 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 § 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. (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—ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS | § 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 § 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—ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS | § 208.104 Applicability. | HUD | (a) This part applies to HUD administered subsidized multifamily projects, either insured or non-insured, under: (1) The section 236 Interest Reduction and Rental Assistance Payments program; (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); (3) The section 221(d)(3) Below Market Interest Rate Housing for Low and Moderate Income Mortgage Insurance program (24 CFR part 221); and (4) The section 101 Rent Supplement program (24 CFR part 215). (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: (1) The section 236 Interest Reduction and Rental Assistance Payments program (24 CFR part 236); (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); (3) The section 221(d)(3) Below Market Interest Rate Housing for Low and Moderate Income Mortgage Insurance Program (24 CFR part 221); and (4) The section 101 Rent Supplement program (24 CFR part 215). (c) This part applies to all other subsidized section 202 projects, which include: section 202 projects with rent supplemen… | ||||||
| 24:24:2.1.1.2.8.0.153.3 | 24 | Housing and Urban Development | II | B | 208 | PART 208—ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS | § 208.108 Requirements. | HUD | [58 FR 61022, Nov. 19, 1993, as amended at 59 FR 43474, Aug. 24, 1994] | (a) Projects specified in § 208.104(a) that are automated. Project owners of applicable projects under § 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 “complete certification” (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. (b) Projects specified in § 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 § 208.104(a) must: (1) Complete the search and either obtain the necessary hardware or software, or sign service contracts; (2) Complete their data loading; and (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 “complete certification” (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. (c) Projects specified in § 208.104(b) —(1) Project owners. Project owners of a… | |||||
| 24:24:2.1.1.2.8.0.153.4 | 24 | Housing and Urban Development | II | B | 208 | PART 208—ELECTRONIC TRANSMISSION OF REQUIRED DATA FOR CERTIFICATION AND RECERTIFICATION AND SUBSIDY BILLING PROCEDURES FOR MULTIFAMILY SUBSIDIZED PROJECTS | § 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. (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. (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. (d) A loan from the Reserve for Replacements Account must be repaid within a five year period from the release date. (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… | |||||
| 33:33:3.0.1.1.4.0.1.1 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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. (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 “Superintendent,” 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. (3) A reserve supply of materials needed during a flood emergency shall be kept on hand at all times. (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. (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 alte… | ||||||
| 33:33:3.0.1.1.4.0.1.10 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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 e… | ||||||
| 33:33:3.0.1.1.4.0.1.11 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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 t… | ||||||
| 33:33:3.0.1.1.4.0.1.12 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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; uncontrol… | ||||||
| 33:33:3.0.1.1.4.0.1.13 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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 curre… | ||||||
| 33:33:3.0.1.1.4.0.1.2 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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. (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: (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: Hereafter, 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. Hereafter, 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… | ||||||
| 33:33:3.0.1.1.4.0.1.3 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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—FLOOD CONTROL REGULATIONS | § 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: (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). (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. (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; a… | ||||||
| 33:33:3.0.1.1.4.0.1.5 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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 D… | ||||||
| 33:33:3.0.1.1.4.0.1.6 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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. (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 uncont… | ||||||
| 33:33:3.0.1.1.4.0.1.7 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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. N… | ||||||
| 33:33:3.0.1.1.4.0.1.8 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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 … | ||||||
| 33:33:3.0.1.1.4.0.1.9 | 33 | Navigation and Navigable Waters | II | 208 | PART 208—FLOOD CONTROL REGULATIONS | § 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: (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. (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. (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 re… | ||||||
| 44:44:1.0.1.4.57.1.10.1 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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. (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 §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 208.10 Other regulations. | FEMA | The following provisions of title 44 CFR, Chapter I also apply to the program in this part: (a) Section 206.9, which deals with the non-liability of DHS in certain circumstances. (b) Section 206.11, which prescribes nondiscrimination in the provision of disaster assistance. (c) Section 206.14, which deals with criminal and civil penalties. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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 “Maximum Pay Rate Table” as “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.” In that same section, the term “Affiliated Personnel” is defined as “individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers.” (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. (2) The Table also applies to Backfill for Activated System Members employed by or otherwise associated with a for-profit Participating Agency. (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. (2) The Office of Personnel Management (OPM) publishes salary and locality pay schedules each calendar year. (i) Physicians. DHS uses the latest Special Salary Rate Table Number 0290 for Medical… | ||||
| 44:44:1.0.1.4.57.1.10.13 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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: Activated 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. Activation Order means the DHS communication placing a System resource under the direction, control, and funding of DHS. Advisory 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. Alert means the status of a System resource's readiness when triggered by an Alert Order indicating that DHS may Activate the System resource. Alert Order means the DHS communication that places a System resource on Alert status. Assistant Administrator means the Assistant Administrator for the Disaster Operations Directorate. Assistance Officer means the DHS employee who has legal authority to bind DHS by awarding and amending Cooperative Agreements. Backfill means the personnel practice of temporarily replacing a person in his or her usual position with another person. Cooperating Agency means a State or Local Government that has executed a Cooperative Agreement to provide Technical Specialists. Cooperative 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. Daily 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. Deputy Assistant Administrator … | |||
| 44:44:1.0.1.4.57.1.10.3 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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 §§ 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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. (b) Standards for and measurement of System efficiency and effectiveness. In addition to the authority provided in § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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. (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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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. (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 “Debarment and Suspension” under E.O. 12549, as amended, in accordance with 2 CFR 200.338(d). (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | A | Subpart A—General | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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 “Application for Federal Assistance” generally will be used. However, the application must be in a form that the Assistance Officer specifies. (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 “recipient.” (c) Amendment —(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. (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. (3) Assistance Officer. The Assistance Officer is the only individual authorized to award or modify a Preparedness Cooperative Agreement. (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. (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. (f) Cost sharing. The Assistant Administrator may subject Pr… | ||||
| 44:44:1.0.1.4.57.2.10.3 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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—Cost Principles, and this section to pay reasonable, allowable, necessary and allocable costs that directly support System activities, including the following: (a) Administration, including: (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; (2) Travel to and from System activities, meetings, conferences, training, drills and exercises; (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. (b) Training: (1) Development and delivery of, and participation in, System-related training courses, exercises, and drills; (2) Construction, maintenance, lease or purchase of System-related training facilities or materials; (3) Personnel compensation expenses, including overtime and other related expenses associated with System-related training, exercises, or drills; (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. (c) Equipment: (1) Procurement of equipment and supplies specifically identified on the then-current DHS-approved Equipment Cache List; (2) Maintenance and repair of equipment included on the current Equipment Cache List; (3) Maintenance and repair of equipment acquired with DHS approval through the Federal Excess Property program, except as provided in § 208.25 of this part; (4) Purchase, construction, maintenance or lease of storage facilities and associated equipment… | |||
| 44:44:1.0.1.4.57.2.10.4 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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: (1) The equipment and supplies directly support the Sponsoring Agency's US&R capability; (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. (b) Maintenance of items approved for purchase under this section is eligible for reimbursement, except as provided in § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | B | Subpart B—Preparedness Cooperative Agreements | §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 208.40 Reimbursement of fringe benefit costs during Activation. | FEMA | (a) Except as specified in § 208.40 (c) of this subpart, DHS will reimburse the Sponsoring Agency for fringe benefit costs incurred during Activation according to the following table: (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 § 208.40(a) of this part and the method used to calculate each such payment and the reimbursement sought from DHS. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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: (1) Collecting expenditure information from Sponsoring Agencies and Participating Agencies; (2) Compiling and summarizing cost records and reimbursement claims; (3) Duplicating cost records and reimbursement claims; and (4) Submitting reimbursement claims, including mailing, transmittal, and related costs. (b) The administrative allowance will be equal to the following: (1) If total allowable costs are less than $100,000, 3 percent of total allowable costs included in the reimbursement claim; (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; (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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. (a) Costs for Equipment Cache List items —(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. (2) Consumable items. DHS will reimburse costs incurred to replace any consumable item on the Equipment Cache List that was consumed during Activation. (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 § 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 § 208.40 of this part. (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 § 208.39(e)(1) of this part. (c) Other allowable costs —(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 … | ||||
| 44:44:1.0.1.4.57.3.10.14 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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. (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: (1) The expenditure was essential to the Activation and was reasonable; (2) Advance written approval by the Program Manager was not feasible; and (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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. Demobilization Order means a DHS communication that terminates an Alert or Activation and identifies cost and time allowances for rehabilitation. Exempt 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. Maximum 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. Mobilization means the process of assembling equipment and personnel in response to an Alert or Activation. Non-Exempt means any System Member who is covered by 29 U.S.C. 201 et seq. Rehabilitation 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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. (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. (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. (d) Indirect costs. Indirect costs beyond the administrative and management costs allowance established by § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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: (1) Personnel costs, including Backfill, incurred to prepare for Activation. (2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers. (3) The administrative allowance provided in § 208.41 of this part. (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. (b) Calculation of Alert Order dollar limit. The Alert Order dollar limit will equal: (1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and (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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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 § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | C | Subpart C—Response Cooperative Agreements | § 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 § 208.40 of this part govern costs incurred for providing fringe benefits to System Members. (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. (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 “on-duty” and must be available for immediate response at all times during Activation. (d) Regular rate. The regular rate for purposes of calculating allowable salary and overtime costs is the amount determined in accordance with § 208.39(e)(1) through (3) of this subpart. (e) Procedures for calculating compensation during Activation. A Sponsoring Agency or Participating Agency must: (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; (2) Convert the annual salary of any salaried Non-Exempt System Member to its hourly equivalent for a 40-hour workweek; (3) Calculate the daily compensation of Exempt System Members based on their current annual salary, ex… | ||||
| 44:44:1.0.1.4.57.4.10.1 | 44 | Emergency Management and Assistance | I | D | 208 | PART 208—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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: (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; (2) The Sponsoring Agency or any Participating Agency incurs an additional cost because of a legally-binding determination; or (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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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 . (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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | §§ 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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 § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 208.62 Appeals. | FEMA | (a) Initial appeal. The Sponsoring Agency may appeal to the Program Manager any determination made under § 208.60 of this part to disallow reimbursement of an item of cost: (1) The appeal must be in writing and submitted within 60 days after receipt of DHS's written notice of disallowance under § 208.60 of this part. (2) The appeal must contain legal and factual justification for the Sponsoring Agency's contention that the cost is allowable. (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. (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. (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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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. (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—NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM | D | Subpart D—Reimbursement Claims and Appeals | § 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. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);