cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
9 rows where part_number = 602 and title_number = 49 sorted by section_id
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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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:7.1.2.1.3.0.1.1 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.1 Purpose. | FTA | This part establishes the procedures and eligibility requirements for the administration of emergency relief funds for emergency public transportation services, and the protection, replacement, repair or reconstruction of public transportation equipment and facilities which are found to have suffered or are in danger of suffering serious damage resulting from a natural disaster affecting a wide area or a catastrophic failure from an external cause. | |||||||
| 49:49:7.1.2.1.3.0.1.2 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.3 Applicability. | FTA | This part applies to entities that provide public transportation services and that are impacted by emergencies and major disasters. | |||||||
| 49:49:7.1.2.1.3.0.1.3 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.5 Definitions. | FTA | The following definitions apply to this part: Affected recipient. A recipient or subrecipient that operates public transportation service in an area impacted by an emergency or major disaster. Applicant. An entity that operates or allocates funds to an entity to operate public transportation service and that applies for a grant under 49 U.S.C. 5324. Building. For insurance purposes, a structure with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site. This includes manufactured or modular office trailers that are built on a permanent chassis, transported to a site in one or more sections, and affixed to a permanent foundation. Catastrophic failure. The sudden failure of a major element or segment of the public transportation system due to an external cause. The failure must not be primarily attributable to gradual and progressive deterioration, lack of proper maintenance or a design flaw. Contents coverage. For insurance purposes, contents are personal property within a building, including fixtures, machinery, equipment and supplies. In addition to the costs to repair or replace, contents insurance coverage shall include the cost of debris removal and the reasonable cost of removal of contents to minimize damage. Emergency. A natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm or landslide) or a catastrophic failure from any external cause, as a result of which: (1) The Governor of a State has declared an emergency and the Secretary of Transportation has concurred; or (2) The President has declared a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). Emergency operations. The net project cost of temporary service that is outside the scope of an affected recipient's normal operations, including but not limited to: evacuations; rescue operations; bus, ferry, or rail service to replace inoperable service or to detour around damaged areas; additional se… | |||||||
| 49:49:7.1.2.1.3.0.1.4 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.7 Policy. | FTA | (a) The Emergency Relief Program is intended to aid recipients and subrecipients in restoring public transportation service and in repairing and reconstructing public transportation assets to a state of good repair as expeditiously as possible following an emergency or major disaster. (b) Emergency relief funds are not intended to supplant other Federal funds for the correction of preexisting, non-disaster related deficiencies. (c) Following an emergency, affected recipients may include projects that increase the resilience of affected public transportation systems to protect the systems from the effects of future emergencies and major disasters. (d) The expenditure of emergency relief funds for emergency repair shall be in such a manner so as to reduce, to the greatest extent feasible, the cost of permanent restoration work completed after the emergency or major disaster. (e) Emergency relief funds, or funds made available under 49 U.S.C. 5307 (Urbanized Area Formula Program) or 49 U.S.C. 5311 (Rural Area Formula Program) awarded for emergency relief purposes shall not duplicate assistance under another Federal program or compensation from insurance or any other source. Partial compensation for a loss by other sources will not preclude FTA emergency relief fund assistance for the part of such loss not compensated otherwise. Any compensation for damages or insurance proceeds for repair or replacement of the public transit equipment or facility must be used upon receipt to reduce FTA's emergency relief fund participation in the project. (1) If a recipient receives insurance proceeds that are directly attributable to specific assets, the recipient must: (i) Apply those proceeds to the cost of replacing or repairing the damaged or destroyed project property; or (ii) Return to FTA an amount equal to the remaining Federal interest in the lost, damaged, or destroyed project property. (2) If under the terms of its policy a recipient receives insurance proceeds that are not attributable to specific assets, such a… | |||||||
| 49:49:7.1.2.1.3.0.1.5 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.9 Federal share. | FTA | (a) A grant, contract, or other agreement for emergency operations, emergency protective measures, emergency repairs, permanent repairs and resilience projects under 49 U.S.C. 5324 shall be for up to 80 percent of the net project cost. (b) A grant made available under 49 U.S.C. 5307 or 49 U.S.C. 5311 to address an emergency shall be for up to 80 percent of the net project cost for capital projects, and up to 50 percent of the net project cost for operations projects. (c) The FTA Administrator may waive, in whole or part, the non-Federal share required under paragraphs (a) and (b) of this section. | |||||||
| 49:49:7.1.2.1.3.0.1.6 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.11 Pre-award authority. | FTA | (a) Except as provided in paragraph (c) of this section, pre-award authority for the Emergency Relief Program shall be effective beginning on the first day of the incident period, subject to the appropriation of Emergency Relief Program funds. (b) Recipients may use section 5307 or section 5311 formula funds to address an emergency, and, except as provided in paragraph (c) of this section, pre-award authority shall be effective beginning on the first day of the incident period of the emergency or major disaster. (c) For expected weather events, pre-award authority for evacuations and activities to protect public transportation vehicles, equipment and facilities, shall be effective in advance of the event under the following conditions: (1) The Governor of a State declares a state of emergency and requests concurrence by the Secretary of Transportation or makes a request to the President for an emergency declaration, in advance or anticipation of the impact of an incident that threatens such damage as could result in a major disaster; (2) The Governor takes appropriate action under State law and directs execution of the State emergency plan; (3) The activities are required in anticipation of the event; and (4) Assistance for a pre-disaster emergency declaration is limited to Emergency Protective Measures and Emergency Operations. (d) Pre-award authority shall be subject to a maximum amount determined by FTA based on estimates of immediate financial need, preliminary damage assessments, available Emergency Relief funds and other criteria to be determined in response to a particular event. (e) Pre-award authority is not a legal or implied commitment that the subject project will be approved for FTA assistance or that FTA will obligate Federal funds. Furthermore, it is not a legal or implied commitment that all activities undertaken by the applicant will be eligible for inclusion in the project(s). (f) Except as provided in § 602.15, all FTA statutory, procedural, and contractual requirements must be met. (… | |||||||
| 49:49:7.1.2.1.3.0.1.7 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.13 Eligible activities. | FTA | (a) An affected recipient may apply for emergency relief funds on behalf of itself as well as affected subrecipients. (b) Eligible uses of Emergency Relief funds include: (1) Emergency operations; (2) Emergency protective measures; (3) Emergency repairs; (4) Permanent repairs; (5) Actual engineering and construction costs on approved projects; (6) Repair or replacement of spare parts that are the property of an affected recipient or subrecipient and held in the normal course of business that are damaged or destroyed; and (7) Resilience projects. (c) Ineligible uses of Emergency Relief funds include: (1) Heavy maintenance; (2) Project costs for which the recipient has received funding from another Federal agency; (3) Project costs for which the recipient has received funding through payments from insurance policies; (4) Except for resilience projects that have been approved in advance, projects that change the function of the original infrastructure; (5) Projects for which funds were obligated in an FTA grant prior to the declared emergency or major disaster; (6) Reimbursements for lost revenue due to service disruptions caused by an emergency or major disaster; (7) Project costs associated with the replacement or replenishment of damaged or lost material that are not the property of the affected recipient and not incorporated into a public transportation system such as stockpiled materials or items awaiting installation; and (8) Other project costs FTA determines are not appropriate for the Emergency Relief Program. | |||||||
| 49:49:7.1.2.1.3.0.1.8 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.15 Grant requirements. | FTA | (a) Funding available under the Emergency Relief program is subject to the terms and conditions FTA determines are necessary. (b) The FTA Administrator shall determine the terms and conditions based on the circumstances of a specific emergency or major disaster for which funding is available under the Emergency Relief Program. (1) In general, projects funded under the Emergency Relief Program shall be subject to the requirements of chapter 53 of title 49, United States Code, as well as cross-cutting requirements, including but not limited to those outlined in FTA's Master Agreement. (2) The FTA Administrator may determine that certain requirements associated with public transportation programs are inapplicable as necessary and appropriate for emergency repairs, permanent repairs, emergency protective measures and emergency operating expenses that are incurred within 45 days of the emergency or major disaster, or longer as determined by FTA. If the FTA Administrator determines any requirement is inapplicable, the determination shall apply to all eligible activities undertaken with funds authorized under 49 U.S.C. 5324 within the 45-day period, as well as funds authorized under 49 U.S.C. 5307 and 5311 and used for eligible emergency relief activities. (3) FTA shall publish a notice on its Web site and in the emergency relief docket established under 49 CFR part 601 regarding the grant requirements for a particular emergency or major disaster. (c) In the event an affected recipient or subrecipient believes an FTA requirement limits its ability to respond to the emergency or major disaster, the recipient or subrecipient may request that the requirement be waived in accordance with the emergency relief docket process as outlined in 49 CFR part 601, subpart D. Applicants should not proceed on projects assuming that requests for such waivers will be granted. (d) In accordance with Executive Order 11988, Floodplain Management, recipients shall not use grant funds for any activity in an area delineated as a special … | |||||||
| 49:49:7.1.2.1.3.0.1.9 | 49 | Transportation | VI | 602 | PART 602—EMERGENCY RELIEF | § 602.17 Application procedures. | FTA | (a) As soon as practical after an emergency, major disaster or catastrophic failure, affected recipients shall make a preliminary field survey, working cooperatively with the appropriate FTA Regional Administrator and other governmental agencies with jurisdiction over affected public transportation systems. The preliminary field survey should be coordinated with the Federal Emergency Management Agency, if applicable, to eliminate duplication of effort. The purpose of this survey is to determine the general nature and extent of damage to eligible public transportation systems. (1) The affected recipient shall prepare a damage assessment report. The purpose of the damage assessment report is to provide a factual basis for the FTA Regional Administrator's finding that serious damage to one or more public transportation systems has been caused by a natural disaster affecting a wide area, or a catastrophic failure. As appropriate, the damage assessment report should include by political subdivision or other generally recognized administrative or geographic boundaries— (i) The specific location, type of facility or equipment, nature and extent of damage; (ii) The most feasible and practical method of repair or replacement; (iii) A preliminary estimate of cost of restoration, replacement, or reconstruction for damaged systems in each jurisdiction. (iv) Potential environmental and historic impacts; (v) Photographs showing the kinds and extent of damage and sketch maps detailing the damaged areas; (vi) Recommended resilience projects to protect equipment and facilities from future emergencies or major disasters; and (vii) An evaluation of reasonable alternatives, including change of location, addition of resilience/mitigation elements, and any other alternative the recipient considered, for any damaged transit facility that has been previously repaired or reconstructed as a result of an emergency or major disaster. (2) Unless unusual circumstances prevail, the initial damage assessment report should be prepared w… |
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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);