DOT 23 CFR PART 668-2011 EMERGENCY RELIEF PROGRAM.pdf

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1、361 Federal Highway Administration, DOT Pt. 668 661.53 What standards should be used for bridge design? (a) ReplacementA replacement structure must meet the current geo-metric, construction and structural standards required for the types and volumes of projected traffic on the fa-cility over its des

2、ign life consistent with 25 CFR part 170, Subpart D, Ap-pendix B and 23 CFR part 625. (b) RehabilitationBridges to be re-habilitated, as a minimum, should con-form to the standards of 23 CFR part 625, Design Standards for Federal-aid Highways, for the class of highway on which the bridge is a part.

3、661.55 How are BIA and Tribal owned IRR bridges inspected? BIA and Tribally owned IRR bridges are inspected in accordance with 25 CFR part 170.504170.507. 661.57 How is a list of deficient bridges to be generated? (a) In consultation with the BIA, a list of deficient BIA IRR bridges will be develope

4、d each fiscal year by the FHWA based on the annual April up-date of the NBI. The NBI is based on data from the inspection of all bridges. Likewise, a list of non-BIA IRR bridges will be obtained from the NBI. These lists would form the basis for identi-fying bridges that would be considered potentia

5、lly eligible for participation in the IRRBP. Two separate master bridge lists (one each for BIA and non- BIA IRR bridges) will be developed and will include, at a minimum, the fol-lowing: (1) Sufficiency rating (SR); (2) Status (structurally deficient or functionally obsolete); (3) Average daily tra

6、ffic (NBI item 29); (4) Detour length (NBI item 19); and (5) Truck average daily traffic (NBI item 109). (b) These lists would be provided by the FHWA to the BIADOT for publica-tion and notification of affected BIA regional offices, Indian Tribal govern-ments (ITGs), and State and local gov-ernments

7、. (c) BIA regional offices, in consulta-tion with ITGs, are encouraged to prioritize the design for bridges that are structurally deficient over bridges that are simply functionally obsolete, since the former is more critical struc-turally than the latter. Bridges that have higher average daily traf

8、fic (ADT) should be considered before those that have lower ADT. Detour length should also be a factor in selection and sub-mittal of bridges, with those having a higher detour length being of greater concern. Lastly, bridges with higher truck ADT should take precedence over those which have lower t

9、ruck ADT. Other items of note should be whether school buses use the bridge and the types of trucks that may cross the bridge and the loads imposed. 661.59 What should be done with a deficient BIA owned IRR bridge if the Indian Tribe does not support the project? The BIA should notify the Tribe and

10、encourage the Tribe to develop and submit an application package to FHWA for the rehabilitation or re-placement of the bridge. For safety of the motoring public, if the Tribe de-cides not to pursue the bridge project, the BIA shall work with the Tribe to either reduce the bridges load rating or clos

11、e the bridge, and remove it from the IRR inventory in accordance with 25 CFR part 170 (170.813). PART 667 RESERVED PART 668EMERGENCY RELIEF PROGRAM Subpart AProcedures for Federal-Aid Highways Sec. 668.101 Purpose. 668.103 Definitions. 668.105 Policy. 668.107 Federal share payable. 668.109 Eligibili

12、ty. 668.111 Application procedures. 668.113 Program and project procedures. Subpart BProcedures for Federal Agencies for Federal Roads 668.201 Purpose. 668.203 Definitions. 668.205 Policy. 668.207 Federal share payable from emer-gency fund. 668.209 Eligibility of work. 668.211 Notification, damage a

13、ssessment, and finding. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-362 23 CFR Ch. I (4111 Edition) 668.1

14、01 668.213 Application procedures. 668.215 Programming and project proce-dures. AUTHORITY: 23 U.S.C. 101, 120(e), 125 and 315; 49 CFR 1.48(b). Subpart AProcedures for Federal-Aid Highways SOURCE: 52 FR 21948, June 10, 1987, unless otherwise noted. 668.101 Purpose. To establish policy and provide pro

15、-gram guidance for the administration of emergency funds for the repair or re-construction of Federal-aid highways, which are found to have suffered seri-ous damage by natural diasters over a wide area or serious damage from cata-strophic failures. Guidance for applica-tion by Federal agencies for r

16、econ-struction of Federal roads that are not part of the Federal-aid highways is contained in 23 CFR part 668, subpart B. 52 FR 21948, June 10, 1987, as amended at 61 FR 67212, Dec. 20, 1996 668.103 Definitions. In addition to others contained in 23 U.S.C. 101(a), the following definitions shall app

17、ly as used in this regulation: Applicant. The State highway agency is the applicant for Federal assistance under 23 U.S.C. 125 for State highways and local roads and streets which are a part of the Federal-aid highways. Betterments. Added protective fea-tures, such as rebuilding of roadways at a hig

18、her elevation or the length-ening of bridges, or changes which modify the function or character of a highway facility from what existed prior to the disaster or catastrophic failure, such as additional lanes or added access control. Catastrophic failure. The sudden fail-ure of a major element or seg

19、ment of the highway system due to an external cause. The failure must not be pri-marily attributable to gradual and pro-gressive deterioration or lack of proper maintenance. The closure of a facility because of imminent danger of collapse is not in itself a sudden failure. Emergency repairs. Those r

20、epairs in-cluding temporary traffic operations undertaken during or immediately fol-lowing the disaster occurrence for the purpose of: (1) Minimizing the extent of the dam-age, (2) Protecting remaining facilities, or (3) Restoring essential traffic. External cause. An outside force or phenomenon whi

21、ch is separate from the damaged element and not pri-marily the result of existing condi-tions. Heavy maintenance. Work usually done by highway agencies in repairing damage normally expected from sea-sonal and occasionally unusual natural conditions or occurrences. It includes work at a site required

22、 as a direct re-sult of a disaster which can reasonably be accommodated by a State or local road authoritys maintenance, emer-gency or contingency program. Natural disaster. A sudden and un-usual natural occurrence, including but not limited to intense rainfall, floods, hurricanes, tornadoes, tidal

23、waves, landslides, volcanoes or earthquakes which cause serious damage. Proclamation. A declaration of emer-gency by the Governor of the affected State. Serious damage. Heavy, major or un-usual damage to a highway which se-verely impairs the safety or usefulness of the highway or results in road clo

24、-sure. Serious damage must be beyond the scope of heavy maintenance. State. Any one of the United States, the District of Columbia, Puerto Rico or the Virgin Islands, Guam, American Samoa or Commonwealth of the North-ern Mariana Islands. 52 FR 21948, June 10, 1987, as amended at 61 FR 67212, Dec. 20

25、, 1996; 65 FR 25444, May 2, 2000 668.105 Policy. (a) The Emergency Relief (ER) pro-gram is intended to aid States in re-pairing road facilities which have suf-fered widespread serious damage re-sulting from a natural disaster over a wide area or serious damage from a catastrophic failure. (b) ER fun

26、ds are not intended to sup-plant other funds for correction of pre-existing, nondisaster related defi-ciencies. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or

27、 networking permitted without license from IHS-,-,-363 Federal Highway Administration, DOT 668.107 (c) The expenditure of ER 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. (d) The approval to use availabl

28、e ER funds to repair or restore highways damaged by a natural disaster shall be based on the combination of the ex-traordinary character of the natural disturbance and the wide area of im-pact as well as the seriousness of the damage. Storms of unusual intensity occurring over a small area may not m

29、eet the above conditions. (e) ER funds shall not duplicate as-sistance under another Federal pro-gram or compensation from insurance or any other source. Partial compensa-tion for a loss by other sources will not preclude emergency fund assistance for the part of such loss not compensated otherwise.

30、 Any compensation for dam-ages or insurance proceeds including interest recovered by the State or po-litical subdivision or by a toll author-ity for repair of the highway facility must be used upon receipt to reduce ER fund liability on the project. (f) Prompt and diligent efforts shall be made by t

31、he State to recover repair costs from the legally responsible par-ties to reduce the project costs particu-larly where catastrophic damages are caused by ships, barge tows, highway vehicles, or vehicles with illegal loads or where damage is increased by im-properly controlled objects or events. (g)

32、The processing of ER requests shall be given prompt attention and shall be given priority over non-emer-gency work. (h) ER projects shall be promptly constructed. Any project that has not advanced to the construction obliga-tion stage by the end of the second fis-cal year following the disaster occu

33、r-rence will not be advanced unless suit-able justification to warrant retention is furnished to the FHWA. (i) Permanent repair and reconstruc-tion work, not accomplished as emer-gency repairs, shall be done by the con-tract method unless the State Highway agency adequately demonstrates that some ot

34、her method is more cost effec-tive as described in 23 CFR 635.204. Emergency repair work may be accom-plished by the contract, negotiated contract or highway agency force ac-count methods as determined by the Highway agency as best suited to pro-tect the public health and safety. (j) ER program fund

35、ing is only to be used to repair highways which have been seriously damaged and is not in-tended to fund heavy maintenance or routine emergency repair activities which should normally be funded as contingency items in the State and local road programs. An application for ER funds in the range of $70

36、0,000 or less must be accompanied by a showing as to why the damage repair involved is considered to be beyond the scope of heavy maintenance or routine emer-gency repair. As a general rule, wide-spread nominal road damages in this range would not be considered to be of a significant nature justifyi

37、ng approval by the FHWA Division Administrator for ER funding. 52 FR 21948, June 10, 1987, as amended at 61 FR 67212, Dec. 20, 1996; 65 FR 25444, May 2, 2000 668.107 Federal share payable. (a) The Federal share payable on ac-count of any repair or reconstruction provided for by funds made available

38、under 23 U.S.C. 125 of this title on ac-count of any project on a Federal-aid highway system, including the Inter-state System, shall not exceed the Fed-eral share payable on a project on such system as provided in 23 U.S.C. 120; ex-cept that the Federal share payable for eligible emergency repairs

39、to minimize damage, protect facilities, or restore essential traffic accomplished within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the costs thereof. (b) Total obligations of ER funds in any State, excluding the Virgin Is-lands,

40、 Guam, American Samoa or Com-monwealth of the Northern Mariana Is-lands, for all projects (including projects on both the Federal-aid sys-tems and those on Federal roads under 23 CFR part 668, subpart B), resulting from a single natural disaster or a sin-gle catastrophic failure, shall not ex-ceed $

41、100 million per disaster or cata-strophic failure. The total obligations for ER projects in any fiscal year in the Virgin Islands, Guam, American VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by I

42、HSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-364 23 CFR Ch. I (4111 Edition) 668.109 Samoa and the Commonwealth of the Northern Mariana Islands shall not ex-ceed $20 million. 52 FR 21948, June 10, 1987, as amended at 52 FR 32540, Aug. 28, 1987; 61 FR 67212, De

43、c. 20, 1996; 65 FR 25444, May 2, 2000 668.109 Eligibility. (a) The eligibility of all work is con-tingent upon approval by the FHWA Division Administrator of an applica-tion for ER and inclusion of the work in an approved program of projects. (1) Prior FHWA approval or author-ization is not required

44、 for emergency repairs and preliminary engineering (PE). (2) Permanent repairs or restoration must have prior FHWA program ap-proval and authorization, unless done as part of the emergency repairs. (b) ER funds may participate in: (1) Repair to or reconstruction of se-riously damaged highway element

45、s as necessary to restore the facility to pre- disaster conditions, including nec-essary clearance of debris and other de-posits in drainage courses within the right-of way (ROW); (2) Restoration of stream channels outside the highway ROW when: (i) The public highway agency has re-sponsibility for t

46、he maintenance and proper operation of the stream channel section, and (ii) The work is necessary for satis-factory operation of the highway sys-tem involved; (3) Actual PE and construction engi-neering costs on approved projects; (4) Emergency repairs; (5) Temporary operations, including emergency

47、traffic services such as flag-ging traffic through inundated sections of highways, undertaken by the appli-cant during or immediately following the disaster; (6) Betterments, only where clearly economically justified to prevent fu-ture recurring damage. Economic jus-tification must weigh the cost of

48、 bet-terment against the risk of eligible re-curring damage and the cost of future repair; (7) Temporary work to maintain es-sential traffic, such as raising roadway grade during a period of flooding by placing fill and temporary surface ma-terial; (8) Raising the grades of critical Fed-eral-aid hig

49、hways faced with long-term loss of use due to basin flooding as de-fined by an unprecedented rise in basin water level both in magnitude and time frame. Such grade raises are not con-sidered to be a betterment for the pur-pose of 23 CFR 668.109(b)(6); and (9) Repair of toll facilities when the provisions of 23 U.S.C. 129 are met. If a toll facility does not have an executed toll agreement with the FHWA at the time of the disaster, a toll agreement may be e