Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 69 FR 32438, June 10, 2004.

§ 12.34 Approval of independent consultant team. ( a ) The licensee must obtain written approval of the independent consultant team, and the facilitator(s) for a potential failure mode analysis or risk analysis, from the Director of the Division of Dam Safety and Inspections, prior to the performance of a periodic inspection or comprehensive assessment under this subpart D.
( b ) At least 180 days prior to performing a periodic inspection or comprehensive assessment under this subpart D, the licensee must submit to the Director of the Division of Dam Safety and Inspections, with a copy to the Regional Engineer, a detailed part 12D inspection plan that includes an independent consultant team proposal that describes the technical disciplines and level of expertise required to perform the inspection. ( 1 ) If the independent consultant team comprises one person, the detailed independent consultant team proposal must: ( i ) Describe the experience of the independent consultant; and
( ii ) Show that the independent consultant meets the requirements as defined in §§ 12.31(a) and 12.31(b)(3).
( 2 ) If the independent consultant team comprises more than one person, the detailed independent consultant team proposal must: ( i ) Designate one or more persons to serve as independent consultant(s);
( ii ) Describe the experience of each member of the independent consultant team;
( iii ) Show that each independent consultant meets the requirements as defined in § 12.31(a);
( iv ) Show that each member of the independent consultant team who is not designated as an independent consultant meets the requirements as defined in § 12.31(a)(3) through (5); and
( v ) Show that the independent consultant team meets the requirements as defined in § 12.31(b)(3).
( 3 ) If any member of the independent consultant team has performed or substantially contributed to any previous investigation, analysis, or other work product that is required to be reviewed and evaluated by the independent consultant team as part of the inspection being performed, the independent consultant team proposal must include a clear delineation of roles and responsibilities that ensures no team member will be responsible for reviewing and evaluating their own previous work.
( 4 ) If required information about any supporting team member(s) is not available at the time the independent consultant team proposal is submitted to the Director of the Division of Dam Safety and Inspections, the independent consultant team proposal must state that the information will be provided in the preliminary report required by § 12.42.
( 5 ) The 180-day period in paragraph (b) is measured from the scheduled date of the physical field inspection, potential failure mode analysis, or risk analysis, whichever occurs first.
( c ) Regardless of experience and qualifications, any independent consultant may be disapproved by the Director of the Division of Dam Safety and Inspections for good cause, such as having had one or more reports on an inspection under this subpart D rejected by the Commission within the preceding five years.
( d ) The Director of the Division of Dam Safety and Inspections may, for good cause shown, grant a waiver of the 10-year requirement in § 12.31(a)(2). Any petition for waiver under this paragraph must be filed in accordance with § 385.207 of this chapter.