(a) The provisions of this section apply only to RUS financed electric system facilities.
(1)(i) Any borrower that owns or operates a RUS financed dam must utilize the``Federal Guidelines for Dam Safety,''(Guidelines), as applicable. A dam, as more fully defined in the Guidelines, is generally any artificial barrier which either:
(i) Any borrower that owns or operates a RUS financed dam must utilize the``Federal Guidelines for Dam Safety,''(Guidelines), as applicable. A dam, as more fully defined in the Guidelines, is generally any artificial barrier which either:
(A) Is 25 feet (8 m) or more in height; or
(B) Has an impounding capacity at maximum water storage elevation of 55 acre-feet (68,000 m\3\) or more.
(ii) The``Federal Guidelines for Dam Safety,''FEMA 93, June, 1979, published by the Federal Emergency Management Agency (FEMA), is hereby incorporated by reference. This incorporation by reference is approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the``Federal Guidelines for Dam Safety''may be obtained from the Federal Emergency Management Agency, Mitigation Directorate, PO Box 2012, Jessup, MD 20794. It is also available for inspection during normal business hours at RUS, Electric Staff Division, 1400 Independence Avenue, SW., Washington, DC, Room 1246-S, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr--locations.html.
(2) The borrower shall evaluate the hazard potential of its dams in accordance with Appendix E of the U.S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, July 31, 1995. A summary of the hazard potential criteria is included for information as Appendix A to this subpart. The U.S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, July 31, 1995, published by the United States Army Corps of Engineers, is hereby incorporated by reference. This incorporation by reference is approved by the Director of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the U. S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program may be obtained from the U. S. Army Corps of Engineers, Publications Depot, 2803 52nd Ave., Hyattsville, MD 20781. It is also available for inspection during normal business hours at RUS, Electric Staff Division, 1400 Independence Avenue, SW., Washington, DC, Room 1246-S, and at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(3) For high hazard potential dams, the borrower must obtain an independent review of the design and critical features of construction. The reviewer must have demonstrated experience in the design and construction of dams of a similar size and nature. The reviewer must be a qualified engineer not involved in the original design of the dam or a Federal or State agency responsible for dam safety. The reviewer must be approved by RUS.
(4) The independent review of design must include, but not necessarily be limited to, plans, specifications, design calculations, subsurface investigation reports, hydrology reports, and redesigns which result from encountering unanticipated or unusual conditions during construction.
(5) The independent review of construction shall include:
(i) Foundation preparation and treatment. When the foundation has been excavated and exposed, and before critical structures such as earth embankments or concrete structures are placed thereon, the borrower shall require the reviewer to conduct an independent examination of the foundation to ensure that suitable foundation material has been reached and that the measures proposed for treatment of the foundation are adequate. This examination must extend to the preparation and treatment of the foundation for the abutments.
(ii) Fill placement. During initial placement of compacted fill materials, the borrower shall require the reviewer to conduct an independent examination to ensure that the materials being used in the various zones are suitable and that the placement and compaction procedures being used by the contractor will result in a properly constructed embankment.
(6) If the reviewer disagrees with any aspect of the design or construction which could affect the safety of the dam, then the borrower must meet with the design engineer and the reviewer to resolve the disagreements.
(7) Emergency action plan. For high hazard potential dams, the borrower must develop an emergency action plan incorporating preplanned emergency measures to be taken prior to and following a potential dam failure. The plan should be coordinated with local government and other authorities involved with the public safety and be approved by the borrower's board of directors.
(b)(1) For more information and guidance, the following publications regarding dam safety are available from FEMA:
(1) For more information and guidance, the following publications regarding dam safety are available from FEMA:
(i)``Emergency Action Planning Guidelines for Dams,''FEMA 64.
(ii)``Federal Guidelines for Earthquake Analysis and Design of Dams,''FEMA 65.
(iii)``Federal Guidelines for Selecting and Accommodating Inflow Design Floods for Dams,''FEMA 94.
(iv)``Dam Safety: An Owner's Guidance Manual,''FEMA 145, August, 1987.
(2) These publications may be obtained from the Federal Emergency Management Agency, Mitigation Directorate, PO Box 2012, Jessup, MD 20794. [63 FR 35314, June 29, 1998, as amended at 69 FR 18803, Apr. 9, 2004] Sec. Sec. 1724.56-1724.69 [Reserved]
Sec. Appendix A to Subpart E of Part 1724--Hazard Potential
Classification for Civil Works Projects
The source for this appendix is U.S. Army Corps of Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, Appendix E. Appendix E is available from the address listed in Sec. 1724.55(a)(2). ----------------------------------------------------------------------------------------------------------------
Category \1\ Low Significant High----------------------------------------------------------------------------------------------------------------Direct Loss of Life \2\........ None expected (due to Uncertain (rural location Certain (one or more
rural location with no with few residences and extensive residential,
permanent structures for only transient or commercial or industrial
human habitation). industrial development). development).Lifeline Losses \3\............ No disruption of Disruption of essential Disruption of critical
services--repairs are facilities and access. facilities and access.
cosmetic or rapidly
repairable damage.Property Losses \4\............ Private agricultural Major public and private Extensive public and
lands, equipment and facilities. private facilities.
isolated buildings.Environmental Losses \5\....... Minimal incremental Major mitigation required Extensive mitigation cost
damage. or impossible to
mitigate.----------------------------------------------------------------------------------------------------------------Notes:\1\ Categories are based upon project performance and do not apply to individual structures within a project.\2\ Loss of life potential based upon inundation mapping of area downstream of the project. Analysis of loss of
life potential should take into account the extent of development and associated population at risk, time of
flood wave travel and warning time.\3\ Indirect threats to life caused by the interruption of lifeline services due to project failure, or
operation, i.e., direct loss of (or access to) critical medical facilities or loss of water or power supply,
communications, power supply, etc.\4\ Direct economic impact of value of property damages to project facilities and down stream property and
indirect economic impact due to loss of project services, i.e., impact on navigation industry of the loss of a
dam and navigation pool, or impact upon a community of the loss of water or power supply.\5\ Environmental impact downstream caused by the incremental flood wave produced by the project failure, beyond
which would normally be expected for the magnitude flood event under a without project conditions.