1、659 Office of the Secretary of Transportation 41.110 75 FR 8535, Feb. 25, 2010 PART 41SEISMIC SAFETY Sec. 41.100 Purpose and applicability. 41.105 Definitions. 41.110 New DOT owned buildings and addi-tions to buildings. 41.115 New buildings to be leased for DOT occupancy. 41.117 Buildings built with
2、 Federal assist-ance. 41.119 DOT regulated buildings. 41.120 Acceptable model codes. 41.125 Judicial review. AUTHORITY: 42 U.S.C. 7701 et seq.; 49 U.S.C. 322; E.O. 12699, 3 CFR, 1990 Comp., p. 269. SOURCE: 58 FR 32871, June 14, 1993, unless otherwise noted. 41.100 Purpose and applicability. (a) This
3、 part implements the provi-sions of 49 U.S.C. 7701 et seq. and Execu-tive Order (E.O.) 12699, Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction (3 CFR, 1990 Comp., p. 269). Under the Executive Order the DOT is given the responsibility for developing and im-pleme
4、nting its own mission-appro-priate and cost-effective regulations governing seismic safety. (b) This part applies to new DOT owned buildings and to new DOT leased, assisted and regulated build-ings. The purpose of this part is to re-duce risk to lives of the building occu-pants, improve the capabili
5、ties of es-sential buildings to function during or after an earthquake, and to reduce earthquake losses of public buildings and investments. (c) This part may be further imple-mented by the DOT Operating Admin-istrations. 41.105 Definitions. As used in this part Operating Administration includes the
6、 Office of the Secretary. DOT means the U.S. Department of Transportation. 41.110 New DOT owned buildings and additions to buildings. (a) DOT Operating Administrations responsible for the design and con-struction of new DOT Federally owned buildings will ensure that each build-ing is designed and co
7、nstructed in ac-cord with the seismic design and con-struction standards set out in 41.120 of this part. (b) This section pertains to all build-ing projects for which development of detailed plans and specifications was initiated after January 5, 1990. It ap-plies to additions to existing buildings
8、as well as to new buildings. It applies worldwide. (c) For DOT Federally owned build-ings, a certification of compliance with the seismic design and construction re-quirements of this part is required prior to the acceptance of the building. Such statements of compliance may in-clude the engineers a
9、nd architects au-thenticated verifications of seismic de-sign codes, standards, and practices used in the design and construction of the building, construction observation reports, local or state building depart-ment plan review documents, or other VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00
10、000 Frm 00669 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212ER25FE10.017jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-660 49 CFR Subtitle A (10110 Edition) 41.115 documents deemed appropriate by the DOT Operating Admin
11、istration. 41.115 New buildings to be leased for DOT occupancy. (a) DOT Operating Administrations responsible for the design and con-struction of new buildings to be leased for DOT occupancy or use will ensure that each building is designed and con-structed in accord with the seismic de-sign and con
12、struction standards set out in 41.120 of this part. (b) This section pertains to all new building projects for which the agree-ment covering development of detailed plans and specifications was executed after January 5, 1990. (c) For new Federally leased build-ings, a certification of compliance wit
13、h the seismic design and construction re-quirements of this part is required prior to the acceptance of the building. Such statements of compliance may in-clude the engineers and architects au-thenticated verifications of seismic de-sign codes, standards, and practices used in the design and constru
14、ction of the building, construction observation reports, local or state building depart-ment plan review documents, or other documents deemed appropriate by the DOT Operating Administration. 41.117 Buildings built with Federal assistance. (a) Each DOT Operating Administra-tion assisting in the finan
15、cing, through Federal grants or loans, or guaran-teeing the financing, through loan or mortgage insurance programs, of newly constructed buildings will ensure that any building constructed with such as-sistance is constructed in accord with seismic standards set out in 41.120 of this part. (b) This
16、section applies to new build-ings and additions to existing buildings financed in whole or in part through Federal grants or loans administered by DOT Operating Administrations, or through guaranteed financing through loan or mortgage insurance programs administered by DOT Operating Ad-ministrations
17、. (c) Any building constructed with Federal financial assistance, after July 14, 1993 must be designed and con-structed in accord with seismic stand-ards approved by the DOT operating Administration under 41.120 of this part in order to be eligible for Federal financial assistance. (d) For buildings
18、 built with Federal financial assistance, a certification of compliance with the seismic design and construction requirements of this part is required prior to the furnishing of such assistance. Such statements of compliance may include the engineers and architects authenticated verifications of sei
19、smic design codes, standards, and practices used in the de-sign and construction of the building, construction observation reports, local or state building department plan re-view documents, or other documents deemed appropriate by the DOT Oper-ating Administration. 41.119 DOT regulated buildings. (
20、a) Each DOT Operating Administra-tion with responsibility for regulating the structural safety of buildings and additions to existing buildings will en-sure that each DOT regulated building is designed and constructed in accord with seismic design and construction standards as provided by this part.
21、 (b) This section pertains to all new building projects for which develop-ment of detailed plans and specifica-tions begin after July 14, 1993. (c) Any building for which a DOT Op-erating Administration responsible for regulating the structural safety must comply with the seismic design and construc
22、tion standards in this part. (d) For DOT regulated buildings a certification of compliance with the seismic design and construction re-quirements of this part is required prior to the acceptance of the building. Such statements of compliance may in-clude the engineers and architects au-thenticated v
23、erification of seismic de-sign codes, standards, and practices used in the design and construction of the building, construction observation reports, local or state building depart-ment plan review documents, or other documents deemed appropriate by the DOT Operating Administration. 41.120 Acceptabl
24、e model codes. (a) This section describes the stand-ards that must be used to meet the VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00670 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted wit
25、hout license from IHS-,-,-661 Office of the Secretary of Transportation Pt. 71 seismic design and construction re-quirements of this part. (b)(1) The following are model codes which have been found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 Nati
26、onal Earthquake Hazards Reduction Program (NEHRP) Rec-ommended Provisions (Copies are available from the Office of Earth-quakes and Natural Hazards, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.): (i) The 1991 International Conference of Building Officials (ICBO) Unif
27、orm Building Code, published by the Inter-national Conference of Building Offi-cials, 5360 South Workman Mill Rd., Whittier, Cal. 90601; (ii) The 1992 Supplement to the Build-ing Officials and Code Administrators International (BOCA) National Build-ing Code, published by the Building Of-ficials and
28、Code Administrators, 4051 West Flossmoor Rd., Country Club Hills, Ill. 604785795; and (iii) The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, pub-lished by the Southern Building Code Congress International, 900 Montclair Rd., Birmingham, Ala. 352131206. (2) Ve
29、rsions of the NEHRP seismic maps have been adopted along with the NEHRP Recommended Provisions into the BOCA National and SBCC Standard building codes. The seismic zone map in the ICBO Uniform Building Code is also based on one of the USGS maps of horizontal ground acceleration. How-ever, the ICBO m
30、ap should be used only with the ICBO code. Also, it is not ap-propriate to use the NEHRP maps with the ICBO Uniform Building Code, be-cause the design requirements of build-ing codes are keyed to the numerical values of the map they reference. (c) Revisions to the model codes list-ed in paragraph (b
31、) of this section that are substantially equivalent to or ex-ceed the then current or immediately preceding edition of the NEHRP rec-ommended provisions, as it is updated, may be approved by a DOT Operating Administration to meet the require-ments in this part. (d) State, county, local, or other ju-
32、risdictional building ordinances adopt-ing and enforcing the model codes, list-ed in paragraph (b) of this section, in their entirety, without significant revi-sions or changes in the direction of less seismic safety, meet the requirements in this part. For ordinances that do not adopt the model cod
33、es listed in para-graph (b) of this section, substantial equivalency of the ordinances to the seismic safety level contained in the NEHRP recommended provisions must be determined by the DOT Operating Administration before the ordinances may be used to meet the requirements of this part. (e) DOT Ope
34、rating Administrations that, as of January 5, 1990, required seismic safety levels higher than those imposed by this part in new building construction programs will continue to maintain such levels in force. (f) Emergencies. Nothing in this part applies to assistance provided for emer-gency work or
35、for assistance essential to save lives and protect property and public health and safety performed pur-suant to sections 402, 403, 502, and 503 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Staf-ford Act), 42 U.S.C. 5170a, 5170b, 5192, and 5193, or for temporary housing as-
36、sistance programs and individual and family grants performed pursuant to Sections 408 and 411 of the Stafford Act, 42 U.S.C. 5174 and 5178. However, this part applies to other provisions of the Stafford Act after a Presidentially declared major disaster or emergency when assistance actions involve n
37、ew construction or total replacement of a building. 41.125 Judicial review. Nothing in this part is intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the DOT, its Operating Administrations, its officers, or any person. PART 71STANDARD TIME ZONE
38、 BOUNDARIES Sec. 71.1 Limits defined; exceptions authorized for certain rail operating purposes only. 71.2 Annual advancement of standard time. 71.3 Atlantic zone. 71.4 Eastern zone. 71.5 Boundary line between eastern and cen-tral zones. VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00671 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
