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 14:14:2.0.1.3.21.1.9.1,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,§ 107.1 Applicability.,FAA,,,"[Amdt. 107-8, 86 FR 4381, Jan. 15, 2021]","(a) Except as provided in paragraph (b) of this section, this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States. This part also applies to the eligibility of civil small unmanned aircraft systems to operate over human beings in the United States. (b) This part does not apply to the following: (1) Air carrier operations; (2) Any aircraft subject to the provisions of 49 U.S.C. 44809; (3) Any operation that the holder of an exemption under section 333 of Public Law 112-95 or 49 U.S.C. 44807 elects to conduct pursuant to the exemption, unless otherwise specified in the exemption; or (4) Any operation that a person elects to conduct under part 91 of this chapter with a small unmanned aircraft system that has been issued an airworthiness certificate." 14:14:2.0.1.3.21.1.9.2,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,§ 107.2 Applicability of certification procedures for products and articles.,FAA,,,"[Amdt. 107-8, 86 FR 4381, Jan. 15, 2021]",The provisions of part 21 of this chapter do not apply to small unmanned aircraft systems operated under this part unless the small unmanned aircraft system will operate over human beings in accordance with § 107.140. 14:14:2.0.1.3.21.1.9.3,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,§ 107.3 Definitions.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4381, Jan. 15, 2021]","The following definitions apply to this part. If there is a conflict between the definitions of this part and definitions specified in § 1.1 of this chapter, the definitions in this part control for purposes of this part: Control station means an interface used by the remote pilot to control the flight path of the small unmanned aircraft. Corrective lenses means spectacles or contact lenses. Declaration of compliance means a record submitted to the FAA that certifies the small unmanned aircraft conforms to the Category 2 or Category 3 requirements under subpart D of this part. Small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft. Small unmanned aircraft system (small UAS) means a small unmanned aircraft and its associated elements (including communication links and the components that control the small unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system. Unmanned aircraft means an aircraft operated without the possibility of direct human intervention from within or on the aircraft. Visual observer means a person who is designated by the remote pilot in command to assist the remote pilot in command and the person manipulating the flight controls of the small UAS to see and avoid other air traffic or objects aloft or on the ground." 14:14:2.0.1.3.21.1.9.4,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,§ 107.5 [Reserved],FAA,,,, 14:14:2.0.1.3.21.1.9.5,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,"§ 107.7 Inspection, testing, and demonstration of compliance.",FAA,,,"[Amdt. 107-8, 86 FR 4381, Jan. 15, 2021]","(a) A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must— (1) Have in that person's physical possession and readily accessible the remote pilot certificate with a small UAS rating and identification when exercising the privileges of that remote pilot certificate. (2) Present his or her remote pilot certificate with a small UAS rating and identification that contains the information listed at § 107.67(b)(1) through (3) for inspection upon a request from— (i) The Administrator; (ii) An authorized representative of the National Transportation Safety Board; (iii) Any Federal, State, or local law enforcement officer; or (iv) An authorized representative of the Transportation Security Administration. (3) Make available, upon request, to the Administrator any document, record, or report required to be kept under the regulations of this chapter. (b) The remote pilot in command, visual observer, owner, operator, or person manipulating the flight controls of a small unmanned aircraft system must, upon request, allow the Administrator to make any test or inspection of the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with this part. (c) Any person holding an FAA-accepted declaration of compliance under subpart D of this part must, upon request, make available to the Administrator: (1) The declaration of compliance required under subpart D of this part; and (2) Any other document, record, or report required to be kept under the regulations of this chapter. (d) Any person holding an FAA-accepted declaration of compliance under subpart D of this part must, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small UAS and witness any tests necessary to determine compliance with that subpart." 14:14:2.0.1.3.21.1.9.6,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,A,Subpart A—General,,§ 107.9 Safety event reporting.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Docket FAA-2022-1355, Amdt. 107-10, 87 FR 75846, Dec. 9 2022]","No later than 10 calendar days after an operation that meets the criteria of either paragraph (a) or (b) of this section, a remote pilot in command must report to the FAA, in a manner acceptable to the Administrator, any operation of the small unmanned aircraft involving at least: (a) Serious injury to any person or any loss of consciousness; or (b) Damage to any property, other than the small unmanned aircraft, unless one of the following conditions is satisfied: (1) The cost of repair (including materials and labor) does not exceed $500; or (2) The fair market value of the property does not exceed $500 in the event of total loss." 14:14:2.0.1.3.21.2.9.1,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.11 Applicability.,FAA,,,,This subpart applies to the operation of all civil small unmanned aircraft systems subject to this part. 14:14:2.0.1.3.21.2.9.10,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.27 Alcohol or drugs.,FAA,,,,A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer must comply with the provisions of §§ 91.17 and 91.19 of this chapter. 14:14:2.0.1.3.21.2.9.11,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.29 Operation at night.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4382, Jan. 15, 2021; 86 FR 13631, Mar. 10, 2020]","(a) Except as provided in paragraph (d) of this section, no person may operate a small unmanned aircraft system at night unless— (1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under § 107.65 after April 6, 2021; and (2) The small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so. (b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so. (c) For purposes of paragraph (b) of this section, civil twilight refers to the following: (1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise; (2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and (3) In Alaska, the period of civil twilight as defined in the Air Almanac. (d) After May 17, 2021, no person may operate a small unmanned aircraft system at night in accordance with a certificate of waiver issued prior to April 21, 2021 under § 107.200. The certificates of waiver issued prior to March 16, 2021 under § 107.200 that authorize deviation from § 107.29 terminate on May 17, 2021." 14:14:2.0.1.3.21.2.9.12,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.31 Visual line of sight aircraft operation.,FAA,,,,"(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to: (1) Know the unmanned aircraft's location; (2) Determine the unmanned aircraft's attitude, altitude, and direction of flight; (3) Observe the airspace for other air traffic or hazards; and (4) Determine that the unmanned aircraft does not endanger the life or property of another. (b) Throughout the entire flight of the small unmanned aircraft, the ability described in paragraph (a) of this section must be exercised by either: (1) The remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system; or (2) A visual observer." 14:14:2.0.1.3.21.2.9.13,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.33 Visual observer.,FAA,,,,"If a visual observer is used during the aircraft operation, all of the following requirements must be met: (a) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times. (b) The remote pilot in command must ensure that the visual observer is able to see the unmanned aircraft in the manner specified in § 107.31. (c) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following: (1) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and (2) Maintain awareness of the position of the small unmanned aircraft through direct visual observation." 14:14:2.0.1.3.21.2.9.14,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.35 Operation of multiple small unmanned aircraft.,FAA,,,"[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]",A person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one unmanned aircraft at the same time. 14:14:2.0.1.3.21.2.9.15,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.36 Carriage of hazardous material.,FAA,,,,"A small unmanned aircraft may not carry hazardous material. For purposes of this section, the term hazardous material is defined in 49 CFR 171.8." 14:14:2.0.1.3.21.2.9.16,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.37 Operation near aircraft; right-of-way rules.,FAA,,,,"(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear. (b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard." 14:14:2.0.1.3.21.2.9.17,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.39 Operation over human beings.,FAA,,,"[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]","No person may operate a small unmanned aircraft over a human being unless— (a) That human being is directly participating in the operation of the small unmanned aircraft; (b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or (c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part." 14:14:2.0.1.3.21.2.9.18,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.41 Operation in certain airspace.,FAA,,,,"No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC)." 14:14:2.0.1.3.21.2.9.19,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.43 Operation in the vicinity of airports.,FAA,,,,"No person may operate a small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base." 14:14:2.0.1.3.21.2.9.2,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.12 Requirement for a remote pilot certificate with a small UAS rating.,FAA,,,,"(a) Except as provided in paragraph (c) of this section, no person may manipulate the flight controls of a small unmanned aircraft system unless: (1) That person has a remote pilot certificate with a small UAS rating issued pursuant to subpart C of this part and satisfies the requirements of § 107.65; or (2) That person is under the direct supervision of a remote pilot in command and the remote pilot in command has the ability to immediately take direct control of the flight of the small unmanned aircraft. (b) Except as provided in paragraph (c) of this section, no person may act as a remote pilot in command unless that person has a remote pilot certificate with a small UAS rating issued pursuant to Subpart C of this part and satisfies the requirements of § 107.65. (c) The Administrator may, consistent with international standards, authorize an airman to operate a civil foreign-registered small unmanned aircraft without an FAA-issued remote pilot certificate with a small UAS rating." 14:14:2.0.1.3.21.2.9.20,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.45 Operation in prohibited or restricted areas.,FAA,,,,"No person may operate a small unmanned aircraft in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate." 14:14:2.0.1.3.21.2.9.21,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.47 Flight restrictions in the proximity of certain areas designated by notice to airmen.,FAA,,,,A person acting as a remote pilot in command must comply with the provisions of §§ 91.137 through 91.145 and 99.7 of this chapter. 14:14:2.0.1.3.21.2.9.22,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,"§ 107.49 Preflight familiarization, inspection, and actions for aircraft operation.",FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]","Prior to flight, the remote pilot in command must: (a) Assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air. This assessment must include: (1) Local weather conditions; (2) Local airspace and any flight restrictions; (3) The location of persons and property on the surface; and (4) Other ground hazards. (b) Ensure that all persons directly participating in the small unmanned aircraft operation are informed about the operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards; (c) Ensure that all control links between ground control station and the small unmanned aircraft are working properly; (d) If the small unmanned aircraft is powered, ensure that there is enough available power for the small unmanned aircraft system to operate for the intended operational time; (e) Ensure that any object attached or carried by the small unmanned aircraft is secure and does not adversely affect the flight characteristics or controllability of the aircraft; and (f) If the operation will be conducted over human beings under subpart D of this part, ensure that the aircraft meets the requirements of § 107.110, § 107.120(a), § 107.130(a), or § 107.140, as applicable." 14:14:2.0.1.3.21.2.9.23,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.51 Operating limitations for small unmanned aircraft.,FAA,,,,"A remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system must comply with all of the following operating limitations when operating a small unmanned aircraft system: (a) The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour). (b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft: (1) Is flown within a 400-foot radius of a structure; and (2) Does not fly higher than 400 feet above the structure's immediate uppermost limit. (c) The minimum flight visibility, as observed from the location of the control station must be no less than 3 statute miles. For purposes of this section, flight visibility means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night. (d) The minimum distance of the small unmanned aircraft from clouds must be no less than: (1) 500 feet below the cloud; and (2) 2,000 feet horizontally from the cloud." 14:14:2.0.1.3.21.2.9.3,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.13 Registration.,FAA,,,,A person operating a civil small unmanned aircraft system for purposes of flight must comply with the provisions of § 91.203(a)(2) of this chapter. 14:14:2.0.1.3.21.2.9.4,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.15 Condition for safe operation.,FAA,,,,"(a) No person may operate a civil small unmanned aircraft system unless it is in a condition for safe operation. Prior to each flight, the remote pilot in command must check the small unmanned aircraft system to determine whether it is in a condition for safe operation. (b) No person may continue flight of the small unmanned aircraft when he or she knows or has reason to know that the small unmanned aircraft system is no longer in a condition for safe operation." 14:14:2.0.1.3.21.2.9.5,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.17 Medical condition.,FAA,,,,"No person may manipulate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if he or she knows or has reason to know that he or she has a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system." 14:14:2.0.1.3.21.2.9.6,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.19 Remote pilot in command.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]","(a) A remote pilot in command must be designated before or during the flight of the small unmanned aircraft. (b) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system. (c) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the small unmanned aircraft for any reason. (d) The remote pilot in command must ensure that the small UAS operation complies with all applicable regulations of this chapter. (e) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter." 14:14:2.0.1.3.21.2.9.7,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.21 In-flight emergency.,FAA,,,,"(a) In an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet that emergency. (b) Each remote pilot in command who deviates from a rule under paragraph (a) of this section must, upon request of the Administrator, send a written report of that deviation to the Administrator." 14:14:2.0.1.3.21.2.9.8,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.23 Hazardous operation.,FAA,,,,"No person may: (a) Operate a small unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another; or (b) Allow an object to be dropped from a small unmanned aircraft in a manner that creates an undue hazard to persons or property." 14:14:2.0.1.3.21.2.9.9,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,B,Subpart B—Operating Rules,,§ 107.25 Operation from a moving vehicle or aircraft.,FAA,,,,"No person may operate a small unmanned aircraft system— (a) From a moving aircraft; or (b) From a moving land or water-borne vehicle unless the small unmanned aircraft is flown over a sparsely populated area and is not transporting another person's property for compensation or hire." 14:14:2.0.1.3.21.3.9.1,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.52 ATC transponder equipment prohibition.,FAA,,,"[Amdt. 107-7, 86 FR 4513, Jan. 15, 2021]","Unless otherwise authorized by the Administrator, no person may operate a small unmanned aircraft system under this part with a transponder on." 14:14:2.0.1.3.21.3.9.10,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.67 Knowledge tests: General procedures and passing grades.,FAA,,,,"(a) Knowledge tests prescribed by or under this part are given by persons and in the manner designated by the Administrator. (b) An applicant for a knowledge test must have proper identification at the time of application that contains the applicant's: (1) Photograph; (2) Signature; (3) Date of birth, which shows the applicant meets or will meet the age requirements of this part for the certificate and rating sought before the expiration date of the airman knowledge test report; and (4) Permanent mailing address. If the applicant's permanent mailing address is a post office box number, then the applicant must also provide a current residential address. (c) The minimum passing grade for the knowledge test will be specified by the Administrator." 14:14:2.0.1.3.21.3.9.11,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.69 Knowledge tests: Cheating or other unauthorized conduct.,FAA,,,,"(a) An applicant for a knowledge test may not: (1) Copy or intentionally remove any knowledge test; (2) Give to another applicant or receive from another applicant any part or copy of a knowledge test; (3) Give or receive assistance on a knowledge test during the period that test is being given; (4) Take any part of a knowledge test on behalf of another person; (5) Be represented by, or represent, another person for a knowledge test; (6) Use any material or aid during the period that the test is being given, unless specifically authorized to do so by the Administrator; and (7) Intentionally cause, assist, or participate in any act prohibited by this paragraph. (b) An applicant who the Administrator finds has committed an act prohibited by paragraph (a) of this section is prohibited, for 1 year after the date of committing that act, from: (1) Applying for any certificate, rating, or authorization issued under this chapter; and (2) Applying for and taking any test under this chapter. (c) Any certificate or rating held by an applicant may be suspended or revoked if the Administrator finds that person has committed an act prohibited by paragraph (a) of this section." 14:14:2.0.1.3.21.3.9.12,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.71 Retesting after failure.,FAA,,,,An applicant for a knowledge test who fails that test may not reapply for the test for 14 calendar days after failing the test. 14:14:2.0.1.3.21.3.9.13,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.73 Knowledge and training.,FAA,,,"[Amdt. 107-8, 86 FR 4383, Jan. 15, 2021]","An initial aeronautical knowledge test and recurrent training covers the following areas of knowledge: (a) Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation; (b) Airspace classification, operating requirements, and flight restrictions affecting small unmanned aircraft operation; (c) Aviation weather sources and effects of weather on small unmanned aircraft performance; (d) Small unmanned aircraft loading; (e) Emergency procedures; (f) Crew resource management; (g) Radio communication procedures; (h) Determining the performance of the small unmanned aircraft; (i) Physiological effects of drugs and alcohol; (j) Aeronautical decision-making and judgment; (k) Airport operations; (l) Maintenance and preflight inspection procedures; and (m) Operation at night." 14:14:2.0.1.3.21.3.9.14,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.74 Small unmanned aircraft system training.,FAA,,,"[Amdt. 107-8, 86 FR 4383, Jan. 15, 2021]","Training for pilots who hold a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meet the flight review requirements specified in § 61.56 covers the following areas of knowledge: (a) Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation; (b) Effects of weather on small unmanned aircraft performance; (c) Small unmanned aircraft loading; (d) Emergency procedures; (e) Crew resource management; (f) Determining the performance of the small unmanned aircraft; (g) Maintenance and preflight inspection procedures; and (h) Operation at night." 14:14:2.0.1.3.21.3.9.15,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.77 Change of name or address.,FAA,,,,"(a) Change of name. An application to change the name on a certificate issued under this subpart must be accompanied by the applicant's: (1) Remote pilot certificate with small UAS rating; and (2) A copy of the marriage license, court order, or other document verifying the name change. (b) The documents in paragraph (a) of this section will be returned to the applicant after inspection. (c) Change of address. The holder of a remote pilot certificate with small UAS rating issued under this subpart who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the certificate unless the holder has notified the FAA of the change in address using one of the following methods: (1) By letter to the FAA Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125 providing the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder's current residential address; or (2) By using the FAA Web site portal at www.faa.gov providing the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder's current residential address." 14:14:2.0.1.3.21.3.9.16,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.79 Voluntary surrender of certificate.,FAA,,,,"(a) The holder of a certificate issued under this subpart may voluntarily surrender it for cancellation. (b) Any request made under paragraph (a) of this section must include the following signed statement or its equivalent: “I voluntarily surrender my remote pilot certificate with a small UAS rating for cancellation. This request is made for my own reasons, with full knowledge that my certificate will not be reissued to me unless I again complete the requirements specified in §§ 107.61 and 107.63.”" 14:14:2.0.1.3.21.3.9.2,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.53 Automatic Dependent Surveillance-Broadcast (ADS-B) Out prohibition.,FAA,,,"[Amdt. 107-7, 86 FR 4513, Jan. 15, 2021]","Unless otherwise authorized by the Administrator, no person may operate a small unmanned aircraft system under this part with ADS-B Out equipment in transmit mode." 14:14:2.0.1.3.21.3.9.3,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.56 Applicability.,FAA,,,"[ Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016. Redesignated by Amdt. 107-7, 86 FR 4513, Jan. 15, 2021]",This subpart prescribes the requirements for issuing a remote pilot certificate with a small UAS rating. 14:14:2.0.1.3.21.3.9.4,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.57 Offenses involving alcohol or drugs.,FAA,,,,"(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for: (1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of final conviction; or (2) Suspension or revocation of a remote pilot certificate with a small UAS rating. (b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for: (1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that act; or (2) Suspension or revocation of a remote pilot certificate with a small UAS rating." 14:14:2.0.1.3.21.3.9.5,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.59 Refusal to submit to an alcohol test or to furnish test results.,FAA,,,,"A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for: (a) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that refusal; or (b) Suspension or revocation of a remote pilot certificate with a small UAS rating." 14:14:2.0.1.3.21.3.9.6,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.61 Eligibility.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]","Subject to the provisions of §§ 107.57 and 107.59, in order to be eligible for a remote pilot certificate with a small UAS rating under this subpart, a person must: (a) Be at least 16 years of age; (b) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, the FAA may place such operating limitations on that applicant's certificate as are necessary for the safe operation of the small unmanned aircraft; (c) Not know or have reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system; and (d) Demonstrate aeronautical knowledge by satisfying one of the following conditions, in a manner acceptable to the Administrator: (1) Pass an initial aeronautical knowledge test covering the areas of knowledge specified in § 107.73; or (2) If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in § 61.56, complete training covering the areas of knowledge specified in § 107.74." 14:14:2.0.1.3.21.3.9.7,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.63 Issuance of a remote pilot certificate with a small UAS rating.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Docket FAA-2018-0119, Amdt. 107-2, 83 FR 9172, Mar. 5, 2018; Amdt. 107-8, 86 FR 4382, Jan. 15, 2021] ]","An applicant for a remote pilot certificate with a small UAS rating under this subpart must make the application in a form and manner acceptable to the Administrator. (a) The application must include either: (1) Evidence showing that the applicant passed an initial aeronautical knowledge test. If applying using a paper application, this evidence must be an airman knowledge test report showing passage of the knowledge test; or (2) If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in § 61.56, a certificate of completion of an initial training course under this part that covers the areas of knowledge specified in § 107.74. (b) If the application is being made pursuant to paragraph (a)(2) of this section: (1) The application must be submitted to the responsible Flight Standards office, a designated pilot examiner, an airman certification representative for a pilot school, a certificated flight instructor, or other person authorized by the Administrator; (2) The person accepting the application submission must verify the identity of the applicant in a manner acceptable to the Administrator; and (3) The person making the application must, by logbook endorsement or other manner acceptable to the Administrator, show the applicant meets the flight review requirements specified in § 61.56 of this chapter." 14:14:2.0.1.3.21.3.9.8,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.64 Temporary certificate.,FAA,,,,"(a) A temporary remote pilot certificate with a small UAS rating is issued for up to 120 calendar days, at which time a permanent certificate will be issued to a person whom the Administrator finds qualified under this part. (b) A temporary remote pilot certificate with a small UAS rating expires: (1) On the expiration date shown on the certificate; (2) Upon receipt of the permanent certificate; or (3) Upon receipt of a notice that the certificate sought is denied or revoked." 14:14:2.0.1.3.21.3.9.9,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,C,Subpart C—Remote Pilot Certification,,§ 107.65 Aeronautical knowledge recency.,FAA,,,"[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021; 86 FR 13631, Mar. 10, 2021]","A person may not exercise the privileges of a remote pilot in command with small UAS rating unless that person has accomplished one of the following in a manner acceptable to the Administrator within the previous 24 calendar months: (a) Passed an initial aeronautical knowledge test covering the areas of knowledge specified in § 107.73; (b) Completed recurrent training covering the areas of knowledge specified in § 107.73; or (c) If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in § 61.56, completed training covering the areas of knowledge specified in § 107.74. (d) A person who has passed a recurrent aeronautical knowledge test in a manner acceptable to the Administrator or who has satisfied the training requirement of paragraph (c) of this section prior to April 6, 2021 within the previous 24 calendar months is considered to be in compliance with the requirement of paragraph (b) or (c) of this section, as applicable." 14:14:2.0.1.3.21.4.9.1,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.100 Applicability.,FAA,,,,"This subpart prescribes the eligibility and operating requirements for civil small unmanned aircraft to operate over human beings or over moving vehicles in the United States, in addition to those operations permitted by § 107.39(a) and (b)." 14:14:2.0.1.3.21.4.9.10,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.145 Operations over moving vehicles.,FAA,,,,"No person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the following conditions are met: (a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations. (b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the operation— (1) Must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or (2) Must not maintain sustained flight over moving vehicles. (c) For a Category 4 operation, the small unmanned aircraft must— (1) Have an airworthiness certificate issued under part 21 of this chapter. (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings located inside moving vehicles." 14:14:2.0.1.3.21.4.9.11,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.150 Variable mode and variable configuration of small unmanned aircraft systems.,FAA,,,,"A small unmanned aircraft system may be eligible for one or more categories of operation over human beings under this subpart, as long as a remote pilot in command cannot inadvertently switch between modes or configurations." 14:14:2.0.1.3.21.4.9.12,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.155 Means of compliance.,FAA,,,,"(a) Establishment of compliance. To meet the requirements of § 107.120(a) for operations in Category 2, or the requirements of § 107.130(a) for operations in Category 3, the means of compliance must consist of test, analysis, or inspection. (b) Required information. An applicant requesting FAA acceptance of a means of compliance must submit the following information to the FAA in a manner specified by the Administrator: (1) Procedures. Detailed description of the means of compliance, including applicable test, analysis, or inspection procedures to demonstrate how the small unmanned aircraft meets the requirements of § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for operations in Category 3. The description should include conditions, environments, and methods, as applicable. (2) Compliance explanation. Explanation of how application of the means of compliance fulfills the requirements of § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for operations in Category 3. (c) FAA acceptance. If the FAA determines the applicant has demonstrated compliance with paragraphs (a) and (b) of this section, it will notify the applicant that it has accepted the means of compliance. (d) Rescission. (1) A means of compliance is subject to ongoing review by the Administrator. The Administrator may rescind its acceptance of a means of compliance if the Administrator determines that a means of compliance does not meet any or all of the requirements of this subpart. (2) The Administrator will publish a notice of rescission in the Federal Register . (e) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraph (a) of this section." 14:14:2.0.1.3.21.4.9.13,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.160 Declaration of compliance.,FAA,,,,"(a) Required information. In order for an applicant to declare a small unmanned aircraft is compliant with the requirements of this subpart for Category 2 or Category 3 operations, an applicant must submit a declaration of compliance for acceptance by the FAA, in a manner specified by the Administrator, that includes the following information: (1) Applicant's name; (2) Applicant's physical address; (3) Applicant's email address; (4) The small unmanned aircraft make and model name, and series, if applicable; (5) The small unmanned aircraft serial number or range of serial numbers that are the subject of the declaration of compliance; (6) Whether the declaration of compliance is an initial declaration or an amended declaration; (7) If the declaration of compliance is an amended declaration, the reason for the re-submittal; (8) The accepted means of compliance the applicant used to fulfill requirements of § 107.120(a) or § 107.130(a) or both; (9) A declaration that the applicant— (i) Has demonstrated that the small unmanned aircraft, or specific configurations of that aircraft, satisfies § 107.120(a) or § 107.130(a) or both, through the accepted means of compliance identified in paragraph (a)(8) of this section; (ii) Has verified that the unmanned aircraft does not contain any safety defects; (iii) Has satisfied § 107.120(b)(3) or § 107.130(b)(3), or both; and (iv) Will, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small unmanned aircraft and witness any tests necessary to determine compliance with this subpart; and (10) Other information as required by the Administrator. (b) FAA acceptance. If the FAA determines the applicant has demonstrated compliance with the requirements of this subpart, it will notify the applicant that it has accepted the declaration of compliance. (c) Notification of a safety issue. Prior to initiating rescission proceedings pursuant to paragraphs (d)(1) through (3) of this section, the FAA will notify the applicant if a safety issue has been identified for the declaration of compliance. (d) Rescission. (1) No person may operate a small unmanned aircraft identified on a declaration of compliance that the FAA has rescinded pursuant to this subpart while that declaration of compliance is rescinded. (2) The FAA may rescind a declaration of compliance if any of the following conditions occur: (i) A small unmanned aircraft for which a declaration of compliance was accepted no longer complies with § 107.120(a) or § 107.130(a); (ii) The FAA finds a declaration of compliance is in violation of § 107.5(a); or (iii) The Administrator determines an emergency exists related to safety in accordance with the authority in 49 U.S.C. 46105. (3) If a safety issue identified under paragraph (c) of this section has not been resolved, the FAA may rescind the declaration of compliance as follows: (i) The FAA will issue a notice proposing to rescind the declaration of compliance. The notice will set forth the Agency's basis for the proposed rescission and provide the holder of the declaration of compliance with 30 calendar days from the date of issuance of the proposed notice to submit evidentiary information to refute the proposed notice. (ii) The holder of the declaration of compliance must submit information demonstrating how the small unmanned aircraft meets the requirements of this subpart within 30 calendar days from the date of issuance of the proposed notice. (iii) If the FAA does not receive the information required by paragraph (d)(3)(ii) of this section within 30 calendar days from the date of the issuance of the proposed notice, the FAA will issue a notice rescinding the declaration of compliance. (4) If the Administrator determines that an emergency exists in accordance with paragraph (d)(2)(iii) of this section, the FAA will exercise its authority under 49 U.S.C. 46105(c) to issue an order rescinding a declaration of compliance without initiating the process in paragraph (d)(3) of this section. (e) Petition to reconsider the rescission of a declaration of compliance. A person subject to an order of rescission under paragraph (d)(3) of this section may petition the FAA to reconsider the rescission of a declaration of compliance by submitting a request to the FAA in a manner specified by the Administrator within 60 days of the date of issuance of the rescission. (1) A petition to reconsider the rescission of a declaration of compliance must demonstrate at least one of the following: (i) A material fact that was not present in the original response to the notification of the safety issue and an explanation for why it was not present in the original response; (ii) The FAA made a material factual error in the decision to rescind the declaration of compliance; or (iii) The FAA did not correctly interpret a law, regulation, or precedent. (2) Upon consideration of the information submitted under paragraph (e)(1) of this section, the FAA will issue a notice either affirming the rescission or withdrawing the rescission. (f) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (d) and (e) of this section." 14:14:2.0.1.3.21.4.9.14,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.165 Record retention.,FAA,,,,"(a) A person who submits a declaration of compliance under this subpart must retain and make available to the Administrator, upon request, the information described in paragraph (a)(1) of this section for the period of time described in paragraph (a)(2) of this section. (1) All supporting information used to demonstrate the small unmanned aircraft meets the requirements of §§ 107.120(a), for operations in Category 2, and 107.130(a), for operations in Category 3. (2) The following time periods apply: (i) If the person who submits a declaration of compliance produces a small unmanned aircraft, that person must retain the information described in paragraph (a)(1) of this section for two years after the cessation of production of the small unmanned aircraft system for which the person declared compliance. (ii) If the person who submits a declaration of compliance designs or modifies a small unmanned aircraft, that person must retain the information described in paragraph (a)(1) of this section for two years after the person submitted the declaration of compliance. (b) A person who submits a means of compliance under this subpart must retain and make available to the Administrator, upon request, and for as long as the means of compliance remains accepted, the detailed description of the means of compliance and justification showing how the means of compliance meets the requirements of §§ 107.120(a), for operations in Category 2, and 107.130(a), for operations in Category 3." 14:14:2.0.1.3.21.4.9.2,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.105 Limitations on operations over human beings.,FAA,,,,"Except as provided in §§ 107.39(a) and (b) and 107.145, a remote pilot in command may conduct operations over human beings only in accordance with the following, as applicable: § 107.110 for Category 1 operations; §§ 107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140 for Category 4 operations." 14:14:2.0.1.3.21.4.9.3,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.110 Category 1 operations.,FAA,,,"[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021, as amended by 86 FR 62473, Nov. 10, 2021]","To conduct Category 1 operations— (a) A remote pilot in command must use a small unmanned aircraft that— (1) Weighs 0.55 pounds or less on takeoff and throughout the duration of each operation under Category 1, including everything that is on board or otherwise attached to the aircraft; and (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being. (b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter." 14:14:2.0.1.3.21.4.9.4,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.115 Category 2 operations: Operating requirements.,FAA,,,,"To conduct Category 2 operations— (a) A remote pilot in command must use a small unmanned aircraft that— (1) Is eligible for Category 2 operations pursuant to § 107.120(a); (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 2 operations in accordance with § 107.160; and (3) Is labeled as eligible to conduct Category 2 operations in accordance with § 107.120(b)(1). (b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter." 14:14:2.0.1.3.21.4.9.5,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.120 Category 2 operations: Eligibility of small unmanned aircraft and other applicant requirements.,FAA,,,,"(a) To be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced, or modified such that it— (1) Will not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object; (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) Does not contain any safety defects. (b) The applicant for a declaration of compliance for a small unmanned aircraft that is eligible for use in Category 2 operations in accordance with paragraph (a) of this section, must meet all of the following requirements for the applicant's unmanned aircraft to be used in Category 2 operations: (1) Display a label on the small unmanned aircraft indicating eligibility to conduct Category 2 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft. (2) Have remote pilot operating instructions that apply to the operation of the small unmanned aircraft system. The applicant for a declaration of compliance must make available these instructions upon sale or transfer of the aircraft or use of the aircraft by someone other than the applicant who submitted a declaration of compliance pursuant to § 107.160. Such instructions must address, at a minimum— (i) A system description that includes the required small unmanned aircraft system components, any system limitations, and the declared category or categories of operation; (ii) Modifications that will not change the ability of the small unmanned aircraft system to meet the requirements for the category or categories of operation the small unmanned aircraft system is eligible to conduct; and (iii) Instructions for how to verify and change the mode or configuration of the small unmanned aircraft system, if they are variable. (3) Maintain a product support and notification process. The applicant for a declaration of compliance must maintain product support and notification procedures to notify the public and the FAA of— (i) Any defect or condition that causes the small unmanned aircraft to no longer meet the requirements of this subpart; and (ii) Any identified safety defect that causes the small unmanned aircraft to exceed a low probability of casualty." 14:14:2.0.1.3.21.4.9.6,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.125 Category 3 operations: Operating requirements.,FAA,,,"[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021, as amended by 86 FR 62473, Nov. 10, 2021]","To conduct Category 3 operations, a remote pilot in command— (a) Must use a small unmanned aircraft that— (1) Is eligible for Category 3 operations pursuant to § 107.130(a); (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in accordance with § 107.160; and (3) Is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1); (b) Must not operate the small unmanned aircraft over open-air assemblies of human beings; and (c) May only operate the small unmanned aircraft above any human being if operation meets one of the following conditions: (1) The operation is within or over a closed- or restricted-access site and all human beings located within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or (2) The small unmanned aircraft does not maintain sustained flight over any human being unless that human being is— (i) Directly participating in the operation of the small unmanned aircraft; or (ii) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft." 14:14:2.0.1.3.21.4.9.7,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.130 Category 3 operations: Eligibility of small unmanned aircraft and other applicant requirements.,FAA,,,,"(a) To be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it— (1) Will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object; (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) Does not contain any safety defects. (b) The applicant for a declaration of compliance for a small unmanned aircraft that is eligible for use in Category 3 operations in accordance with paragraph (a) of this section, must meet all of the following requirements for the applicant's small unmanned aircraft to be used in Category 3 operations: (1) Display a label on the small unmanned aircraft indicating eligibility to conduct Category 3 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft. (2) Have remote pilot operating instructions that apply to the operation of the small unmanned aircraft system. The applicant for a declaration of compliance must make available these instructions upon sale or transfer of the aircraft or use of the aircraft by someone other than the applicant who submitted a declaration of compliance pursuant to § 107.160. Such instructions must address, at a minimum— (i) A system description that includes the required small unmanned aircraft system components, any system limitations, and the declared category or categories of operation; (ii) Modifications that will not change the ability of the small unmanned aircraft system to meet the requirements for the category or categories of operation the small unmanned aircraft system is eligible to conduct; and (iii) Instructions for how to verify and change the mode or configuration of the small unmanned aircraft system, if they are variable. (3) Maintain a product support and notification process. The applicant for a declaration of compliance must maintain product support and notification procedures to notify the public and the FAA of— (i) Any defect or condition that causes the small unmanned aircraft to no longer meet the requirements of this subpart; and (ii) Any identified safety defect that causes the small unmanned aircraft to exceed a low probability of fatality." 14:14:2.0.1.3.21.4.9.8,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.135 Labeling by remote pilot in command for Category 2 and 3 operations.,FAA,,,,"If a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote pilot in command must label the aircraft in English such that the label is legible, prominent, and will remain on the small unmanned aircraft for the duration of the operation before conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the small unmanned aircraft is qualified to conduct in accordance with this subpart." 14:14:2.0.1.3.21.4.9.9,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,D,Subpart D—Operations Over Human Beings,,§ 107.140 Category 4 operations.,FAA,,,"[Amdt. 107-8, 86 FR 4383, Jan. 15, 2021; 86 FR 13633, Mar. 10, 2021]","(a) Remote pilot in command requirements. To conduct Category 4 operations— (1) A remote pilot in command— (i) Must use a small unmanned aircraft that is eligible for Category 4 operations pursuant to paragraph (b) of this section; and (ii) Must operate the small unmanned aircraft in accordance with all operating limitations that apply to the small unmanned aircraft, as specified by the Administrator. (2) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter. (b) Small unmanned aircraft requirements for Category 4. To be eligible to operate over human beings under this section, the small unmanned aircraft must— (1) Have an airworthiness certificate issued under part 21 of this chapter. (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings. (3) Have maintenance, preventive maintenance, alterations, or inspections performed in accordance with paragraph (c)(1) of this section. (c) Maintenance requirements for Category 4. The owner must (unless the owner enters into an agreement with an operator to meet the requirements of this paragraph (c), then the operator must) meet the requirements of this paragraph (c): (1) Ensure the person performing any maintenance, preventive maintenance, alterations, or inspections: (i) Uses the methods, techniques, and practices prescribed in the manufacturer's current maintenance manual or Instructions for Continued Airworthiness that are acceptable to the Administrator, or other methods, techniques, and practices acceptable to the Administrator; (ii) Has the knowledge, skill, and appropriate equipment to perform the work; (iii) Performs the maintenance, preventive maintenance, or alterations on the small unmanned aircraft in a manner using the methods, techniques, and practices prescribed in the manufacturer's current maintenance manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator; (iv) Inspects the small unmanned aircraft in accordance with the manufacturer's instructions or other instructions acceptable to the Administrator; and (v) Performs the maintenance, preventive maintenance, or alterations using parts of such a quality that the condition of the aircraft will be at least equal to its original or properly altered condition. (2) Maintain all records of maintenance, preventive maintenance, and alterations performed on the aircraft and ensure the records are documented in a manner acceptable to the Administrator. The records must contain the description of the work performed, the date the work was completed, and the name of the person who performed the work. (3) Maintain all records containing— (i) The status of life-limited parts that are installed on, or part of, the small unmanned aircraft; (ii) The inspection status of the aircraft; and (iii) The status of applicable airworthiness directives including the method of compliance, the airworthiness directive number, and revision date. If the airworthiness directive involves recurring action, the record must contain the time and date of the next required action. (4) Retain the records required under paragraphs (c)(2) and (3) of this section, as follows: (i) The records documenting maintenance, preventive maintenance, or alterations performed must be retained for 1 year from when the work is completed or until the maintenance is repeated or superseded by other work. (ii) The records documenting the status of life-limited parts, compliance with airworthiness directives, and inspection status of the small unmanned aircraft must be retained and transferred with the aircraft upon change in ownership. (5) Ensure all records under paragraphs (c)(2) and (3) of this section are available for inspection upon request from the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). (d) Compliance with parts 43 and 91 of this chapter. Compliance with part 43 and part 91, subpart E, of this chapter fulfills the requirements in paragraphs (b)(3) and (c) of this section." 14:14:2.0.1.3.21.5.9.1,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,E,Subpart E—Waivers,,§ 107.200 Waiver policy and requirements.,FAA,,,,"(a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in § 107.205 if the Administrator finds that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver. (b) A request for a certificate of waiver must contain a complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of a certificate of waiver. (c) The Administrator may prescribe additional limitations that the Administrator considers necessary. (d) A person who receives a certificate of waiver issued under this section: (1) May deviate from the regulations of this part to the extent specified in the certificate of waiver; and (2) Must comply with any conditions or limitations that are specified in the certificate of waiver." 14:14:2.0.1.3.21.5.9.2,14,Aeronautics and Space,I,F,107,PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS,E,Subpart E—Waivers,,§ 107.205 List of regulations subject to waiver.,FAA,,,"[Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, as amended by Amdt. 107-8, 86 FR 4387, Jan. 15, 2021]","A certificate of waiver issued pursuant to § 107.200 may authorize a deviation from the following regulations of this part: (a) Section 107.25—Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire. (b) Section 107.29(a)(2) and (b)—Anti-collision light required for operations at night and during periods of civil twilight. (c) Section 107.31—Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire. (d) Section 107.33—Visual observer. (e) Section 107.35—Operation of multiple small unmanned aircraft systems. (f) Section 107.37(a)—Yielding the right of way. (g) Section 107.39—Operation over people. (h) Section 107.41—Operation in certain airspace. (i) Section 107.51—Operating limitations for small unmanned aircraft. (j) Section 107.145—Operations over moving vehicles." 21:21:2.0.1.1.7.1.1.1,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,A,Subpart A—General Provisions,,§ 107.1 Status and applicability of the regulations in part 107.,FDA,,,"[79 FR 8074, Feb. 10, 2014]","(a) The criteria in subpart B of this part describe the labeling requirements applicable to infant formula under section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C 343). Failure to comply with any regulation in subpart B of this part will render an infant formula misbranded under section 403 of the Federal Food, Drug, and Cosmetic Act. (b) The criteria in subpart C of this part describe the terms and conditions for the exemption of an infant formula from the requirements of section 412(a), (b), and (c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a(a), (b), and (c)). Failure to comply with any regulations in subpart C of this part will result in withdrawal of the exemption given under section 412(h)(1) of the Federal Food, Drug, and Cosmetic Act. (c) Subpart D of this part contains the nutrient requirements for infant formula under section 412(i) of the Federal Food, Drug, and Cosmetic Act. Failure to comply with any regulation in subpart D of this part will render an infant formula adulterated under section 412(a)(1) of the Federal Food, Drug, and Cosmetic Act. (d) An exempt infant formula is subject to the provisions of § 107.50 and other applicable Food and Drug Administration food regulations." 21:21:2.0.1.1.7.1.1.2,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,A,Subpart A—General Provisions,,§ 107.3 Definitions.,FDA,,,"[50 FR 48186, Nov. 22, 1985, as amended at 79 FR 8074, Feb. 10, 2014]","The following definitions shall apply, in addition to the definitions contained in section 201 of the Federal Food, Drug, and Cosmetic Act (the act): Exempt formula. An exempt infant formula is an infant formula intended for commercial or charitable distribution that is represented and labeled for use by infants who have inborn errors of metabolism or low birth weight, or who otherwise have unusual medical or dietary problems. Manufacturer. A person who prepares, reconstitutes, or otherwise changes the physical or chemical characteristics of an infant formula or packages or labels the product in a container for distribution. The term “manufacturer” does not include a person who prepares, reconstitutes, or mixes infant formula exclusively for an infant under his/her direct care or the direct care of the institution employing such person. References. References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21, unless otherwise noted." 21:21:2.0.1.1.7.2.1.1,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,B,Subpart B—Labeling,,§ 107.10 Nutrient information.,FDA,,,"[50 FR 1840, Jan. 14, 1985, as amended at 67 FR 9585, Mar. 4, 2002; 79 FR 8074, Feb. 10, 2014; 80 FR 35840, June 23, 2015]","(a) The labeling of infant formulas, as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act, shall bear in the order given, in the units specified, and in tabular format, the following information regarding the product as prepared in accordance with label directions for infant consumption: (1) A statement of the number of fluid ounces supplying 100 kilocalories (in case of food label statements, a kilocalorie is represented by the word “Calorie”); and (2) A statement of the amount, supplied by 100 kilocalories, of each of the following nutrients and of any other nutrient added by the manufacturer: (b) In addition the following apply: (1) Vitamin A content may also be declared on the label in units of microgram retinol equivalents, vitamin D content in units of micrograms cholecalciferol, vitamin E content in units of milligram alpha-tocopherol equivalents, and sodium, potassium, and chloride content in units of millimoles, micromoles, or milliequivalents. When these declarations are made they shall appear in parentheses immediately following the declarations in International Units for vitamins A, D, and E, and immediately following the declarations in milligrams for sodium, potassium, and chloride. (2) Biotin, choline, and inositol content shall be declared except when they are not added to milk-based infant formulas. (3) Each of the listed nutrients, and the caloric density, may also be declared on the label on other bases, such as per 100 milliliters or per liter, as prepared for infant consumption. (4) One of the following statements shall appear on the principal display panel, as appropriate: (i) The statement “Infant Formula With Iron”, or a similar statement, if the product contains 1 milligram or more of iron in a quantity of product that supplies 100 kilocalories when prepared in accordance with label directions for infant consumption. (ii) The statement “Additional Iron May Be Necessary”, or a similar statement, if the product contains less than 1 milligram of iron in a quantity of product that supplies 100 kilocalories when prepared in accordance with label directions for infant consumption. (5) Any additional vitamin may be declared at the bottom of the vitamin list and any additional minerals may be declared between iodine and sodium, provided that any additionally declared nutrient: (i) Has been identified as essential by the Food and Nutrition Board of the Institute of Medicine through its development of a Dietary Reference Intake, or has been identified as essential by the Food and Drug Administration through a Federal Register publication; and (ii) Is provided at a level considered in these publications as having biological significance, when these levels are known." 21:21:2.0.1.1.7.2.1.2,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,B,Subpart B—Labeling,,§ 107.20 Directions for use.,FDA,,,"[50 FR 1840, Jan. 14, 1985, as amended at 67 FR 9585, Mar. 4, 2002]","In addition to the applicable labeling requirements in parts 101 and 105 of this chapter, the product label shall bear: (a) Under the heading “Directions For Preparation and Use”, directions for: (1) Storage of infant formula before and after the container has been opened, including a statement indicating that prolonged storage at excessive temperatures should be avoided; (2) Agitating liquid infant formula before opening the container, such as “Shake Well Before Opening”; (3) “Sterilization” of water, bottle, and nipples when necessary for preparing infant formula for use; (4) Dilution of infant formula, when appropriate. Directions for powdered infant formula shall contain the weight and volume of powdered formula to be reconstituted. (b) In close proximity to the “Directions for Preparation and Use” a pictogram depicting the major steps for preparation of that infant formula, such as (for a concentrated formula): (c) A “Use by ______” date, the blank to be filled in with the month and year selected by the manufacturer, packer, or distributor of the infant formula on the basis of tests or other information showing that the infant formula, until that date, under the conditions of handling, storage, preparation, and use prescribed by label directions, will: (1) when consumed, contain not less than the quantity of each nutrient, as set forth on its label; and (2) otherwise be of an acceptable quality (e.g., pass through an ordinary bottle nipple). (d) The statement “Add Water” or “Do Not Add Water”, as appropriate, to appear on the principal display panel of concentrated or ready-to-feed infant formulas. In close proximity to the statement “Add Water”, a symbol such as if the addition of water is necessary. The symbol shall be placed on a white background encircled by a dark border. (e) A warning statement beneath or in close proximity to the “Directions For Preparation and Use” that cautions against improper preparation or use of an infant formula, such as “THE HEALTH OF YOUR INFANT DEPENDS ON CAREFULLY FOLLOWING THE DIRECTIONS FOR PREPARATION AND USE”. (f) A statement indicating that parents should consult their physicians about the use of infant formulas, such as “USE AS DIRECTED BY A PHYSICIAN”." 21:21:2.0.1.1.7.2.1.3,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,B,Subpart B—Labeling,,§ 107.30 Exemptions.,FDA,,,,"When containers of ready-to-feed infant formula, to be sold at the retail level, are contained within a multiunit package, the labels of the individual containers shall contain all of the label information required by section 403 of the Federal Food, Drug, and Cosmetic Act (the act), §§ 107.10 and 107.20, and all appropriate sections of part 101 of this chapter, except that the labels of the individual containers contained within the outer package shall be exempt from compliance with the requirements of section 403 (e)(1) and (i)(2) of the act; and §§ 107.10 (a) and (b)(2) and 107.20 (b), (e), and (f), provided that (a) the multiunit package meets all the requirements of this part; (b) individual containers are securely enclosed within and are not intended to be separated from the retail package under conditions of retail sale; and (c) the label on each individual container includes the statement “This Unit Not Intended For Individual Sale” in type size not less than one-sixteenth inch in height. The word “Retail” may be used in lieu of or immediately following the word “Individual” in the statement." 21:21:2.0.1.1.7.3.1.1,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,C,Subpart C—Exempt Infant Formulas,,§ 107.50 Terms and conditions.,FDA,,,"[50 FR 48187, Nov. 22, 1985, as amended at 61 FR 14479, Apr. 2, 1996; 66 FR 17358, Mar. 30, 2001; 66 FR 56035, Nov. 6, 2001; 67 FR 9585, Mar. 4, 2002; 75 FR 32659, June 9, 2010; 79 FR 8074, Feb. 10, 2014]","(a) Terms and conditions. Section 412(f)(1) of the act exempts from the requirements of section 412(a), (b), and (c)(1)(A) of the act infant formulas that are represented and labeled for use by an infant who has an inborn error of metabolism or low birth weight or who otherwise has an unusual medical or dietary problem, if such formulas comply with regulations prescribed by the Secretary. The regulations in this subpart establish the terms and conditions that a manufacturer must meet with respect to such infant formulas. (b) Infant formulas generally available at the retail level. (1) These exempt infant formulas can generally be purchased from retail store shelves that are readily available to the public. Such formulas are also typically represented and labeled for use to provide dietary management for diseases or conditions that are not clinically serious or life-threatening, even though such formulas may also be represented and labeled for use in clinically serious or life-threatening disorders. (2) Except as provided in paragraphs (b)(4) and (5) of this section, an infant formula manufacturer shall, with respect to each formula covered by this paragraph, comply with the nutrient requirements of section 412(g) of the act or of regulations promulgated under section 412(a)(2) of the act, the quality control procedure requirements of part 106, and the labeling requirements of subpart B of this part. (3) To retain the exempt status of an infant formula covered by this paragraph, the manufacturer shall submit to the Food and Drug Administration (FDA), at the address specified in paragraph (e)(1) of this section, on or before May 21, 1986, or on or before the 90th day before the first processing of the infant formula for commercial or charitable distribution, whichever occurs later, the label and other labeling of the infant formula, a complete quantitative formulation for the infant formula, and a detailed description of the medical conditions for which the infant formula is represented. FDA will review the information under paragraph (d) of this section. (4) To retain the exempt status of an infant formula covered by this paragraph, when any change in ingredients or processes that may result in an adverse impact on levels of nutrients or availability of nutrients is instituted, the manufacturer shall submit to FDA at the address specified in paragraph (e)(1) of this section, before the first processing of the infant formula, the label and other labeling of the infant formula, a complete quantitative formulation for the infant formula, a detailed description of the reformulation and the rationale for the reformulation, a complete description of the change in processing, and a detailed description of the medical conditions for which the infant formula is represented. FDA will review that information under paragraph (d) of this section. (5) A manufacturer may deviate from the requirements of paragraph (b)(2) of this section only with respect to those specific requirements for which it submits to FDA, at the address specified in paragraph (e)(1) of this section, the medical, nutritional, scientific, or technological rationale (including any appropriate animal or human clinical studies). FDA will review that information under paragraph (d) of this section. (c) Infant formulas not generally available at the retail level. (1) These exempt infant formulas are not generally found on retail shelves for general consumer purchase. Such formulas typically are prescribed by a physician, and must be requested from a pharmacist or are distributed directly to institutions such as hospitals, clinics, and State or Federal agencies. Such formulas are also generally represented and labeled solely to provide dietary management for specific diseases or conditions that are clinically serious or life-threatening and generally are required for prolonged periods of time. Exempt infant formulas distributed directly to institutions such as hospitals, clinics, and State or Federal agencies that are of the same formulation as those generally available at the retail level are subject to the requirements of paragraph (b) of this section rather than to the requirements of this paragraph. (2) Except as provided for in paragraph (c)(5) of this section, an infant formula manufacturer shall, with respect to each formula covered by this paragraph, comply with the nutrient requirements of section 412(g) of the act or of regulations promulgated under section 412(a)(2) of the act, and the labeling requirements of subpart B of this part. (3) Each manufacturer of an infant formula covered by this paragraph shall establish quality control procedures designed to ensure that the infant formula meets applicable nutrient requirements of this section, including any special nutritional characteristics for the specific disorders or conditions for which the formula is represented for use. Each manufacturer shall maintain records of such quality control procedures sufficient to permit a public health evaluation of each manufactured batch of infant formula and shall permit any authorized FDA employee at all reasonable times to have access to and to copy and verify the records referred to in this paragraph. (4) To retain the exempt status of an infant formula covered by this paragraph, the manufacturer shall submit the information required by paragraphs (b)(3) and (4) of this section. (5) A manufacturer may deviate from the requirements of paragraph (c)(2) of this section only with respect to those specific requirements for which it submits to FDA, at the address specified in paragraph (e)(1) of this section, the medical, nutritional, scientific, or technological rationale (including any appropriate animal or human clinical studies). FDA will review that information under paragraph (d) of this section. (6) The requirements of this section do not apply to an infant formula specially and individually prepared for one or more specific infants on a physician's request. (d) FDA review of exempt status. (1) FDA's Center for Food Safety and Applied Nutrition will review information submitted by infant formula manufacturers under paragraph (b) (3), (b) (4), or (c)(4) of this section. On the basis of such review and other information available to the agency, the Center for Food Safety and Applied Nutrition may impose additional conditions on, or modify requirements for, the quality control procedures, nutrient specifications, or labeling of an infant formula, or withdraw a product's exempt status. Such determinations will be made by the Director of the Center for Food Safety and Applied Nutrition. (2)(i) If after completing its review of all information submitted, the Center for Food Safety and Applied Nutrition concludes that additional or modified quality control, nutrient, or labeling requirements are needed, or that a product's exempt status is withdrawn, the Center for Food Safety and Applied Nutrition will so notify the manufacturer and this notification will specify the reasons therefor. Upon receipt of this notification, the manufacturer has 10 working days to have the decision reviewed under § 10.75 by the office of the Commissioner of Food and Drugs. A determination by the Director of the Center for Food Safety and Applied Nutrition that is not appealed becomes a final agency decision. (ii) After a final decision by the Director or by the office of the Commissioner that a product's exempt status is withdrawn, the manufacturer shall comply with the nutrient requirements of section 412(g) of the act or of regulations promulgated under section 412(a)(2) of the act, the quality control requirements of part 106, and the labeling requirements of subpart B of this part. (iii) The compliance date for the withdrawal of a product's exempt status or the imposition of additional or modified quality control, nutrient, or labeling requirements is 60 calendar days after issuance of the final decision except as otherwise provided for reasons stated in the decision. If the agency determines that a health hazard may exist and so notifies the manufacturer, withdrawal of a product's exempt status shall be effective on the date of receipt of notification from the Director of the Center for Food Safety and Applied Nutrition. Additional or modified requirements, or the withdrawal of an exemption, apply only to those formulas that are manufactured after the compliance date. A postponement of the compliance date may be granted for good cause. (3) FDA may decide that withdrawal of an exemption is necessary when, on the basis of its review under paragraph (d)(1) of this section, it concludes that quality control procedures are not adequate to ensure that the formula contains all required nutrients, that deviations in nutrient levels are not supported by generally accepted scientific, nutritional, or medical rationale, or that deviations from subpart B of this part are not necessary to provide appropriate directions for preparation and use of the infant formula, or that additional labeling information is necessary. (4) FDA will use the following criteria in determining whether deviations from the requirements of this subpart are necessary and will adequately protect the public health: (i) A deviation from the nutrient requirements of section 412(g) of the act or of regulations promulgated under section 412(a)(2) of the act is necessary to provide an infant formula that is appropriate for the dietary management of a specific disease, disorder, or medical condition; (ii) For exempt infant formulas subject to paragraph (b) of this section, a deviation from the quality control procedures requirements of part 106 is necessary because of unusual or difficult technological problems in manufacturing the infant formula; and (iii) A deviation from the labeling requirements of subpart B of this part is necessary because label information, including pictograms and symbols required by those regulations, could lead to inappropriate use of the product. (e) Notification requirements. (1) Information required by paragraphs (b) and (c) of this section shall be submitted to the Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Nutrition, Labeling, and Dietary Supplements, Infant Formula and Medical Foods Staff (HFS-850), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. (2) The manufacturer shall promptly notify the Food and Drug Administration when the manufacturer has knowledge (as defined in section 412(c)(2) of the Federal Food, Drug, and Cosmetic Act) that reasonably supports the conclusion that an exempt infant formula that has been processed by the manufacturer and that has left an establishment subject to the control of the manufacturer may not provide the nutrients required by paragraph (b) or (c) of this section, or when there is an exempt infant formula that may be otherwise adulterated or misbranded and if so adulterated or misbranded presents a risk of human health. This notification shall be made, by telephone, to the Director of the appropriate Food and Drug Administration district office specified in part 5, subpart M of this chapter. After normal business hours (8 a.m. to 4:30 p.m.), contact the Food and Drug Administration Emergency Call Center at 866-300-4374. The manufacturer shall send a followup written confirmation to the Center for Food Safety and Applied Nutrition (HFS-605), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, and to the appropriate FDA district office specified in part 5, subpart M of this chapter." 21:21:2.0.1.1.7.4.1.1,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,D,Subpart D—Nutrient Requirements,,§ 107.100 Nutrient specifications.,FDA,,,"[50 FR 45108, Oct. 30, 1985, as amended at 80 FR 35841, June 23, 2015]","(a) An infant formula shall contain the following nutrients at a level not less than the minimum level specified and not more than the maximum level specified for each 100 kilocalories of the infant formula in the form prepared for consumption as directed on the container: 1 The generic term “niacin” includes niacin (nicotinic acid) and niacinamide (nicotinamide). 2 Required only for non-milk-based infant formulas. (b) Vitamin E shall be present at a level of at least 0.7 International Unit of vitamin E per gram of linoleic acid. (c) Any vitamin K added shall be in the form of phylloquinone. (d) Vitamin B 6 shall be present at a level of at least 15 micrograms of vitamin B 6 for each gram of protein in excess of 1.8 grams of protein per 100 kilocalories of infant formula in the form prepared for consumption as directed on the container. (e) The ratio of calcium to phosphorus in infant formula in the form prepared for consumption as directed on the container shall be no less than 1.1 and not more than 2.0. (f) Protein shall be present in an amount not to exceed 4.5 grams per 100 kilocalories regardless of quality, and not less than 1.8 grams per 100 kilocalories of infant formula in the form prepared for consumption as directed on the container when its biological quality is equivalent to or better than that of casein. If the biological quality of the protein is less than that of casein, the minimum amount of protein shall be increased proportionately to compensate for its lower biological quality. For example, an infant formula containing protein with a biological quality of 75 percent of casein shall contain at least 2.4 grams of protein (1.8/0.75). No protein with a biological quality less than 70 percent of casein shall be used." 21:21:2.0.1.1.7.5.1.1,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.200 Food and Drug Administration-required recall.,FDA,,,,"When the Food and Drug Administration determines that an adulterated or misbranded infant formula presents a risk to human health, a manufacturer shall immediately take all actions necessary to recall that formula, extending to and including the retail level, consistent with the requirements of this subpart." 21:21:2.0.1.1.7.5.1.2,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.210 Firm-initiated product removals.,FDA,,,,"(a) If a manufacturer has determined to recall voluntarily from the market an infant formula that is not subject to § 107.200 but that otherwise violates the laws and regulations administered by the Food and Drug Administration (FDA) and that would be subject to legal action, the manufacturer, upon prompt notification to FDA, shall administer such voluntary recall consistent with the requirements of this subpart. (b) If a manufacturer has determined to withdraw voluntarily from the market an infant formula that is adulterated or misbranded in only a minor way and that would not be subject to legal action, such removal from the market is deemed to be a market withdrawal, as defined in § 7.3(j) of this chapter. As required by § 107.240(a), the manufacturer shall promptly notify FDA of such violative formula and may, but is not required to, conduct such market withdrawal consistent with the requirements of this subpart pertaining to product recalls." 21:21:2.0.1.1.7.5.1.3,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.220 Scope and effect of infant formula recalls.,FDA,,,,"(a) The requirements of this subpart apply: (1) When the Food and Drug Administration has determined that it is necessary to remove from the market a distributed infant formula that is in violation of the laws and regulations administered by the Food and Drug Administration and that poses a risk to human health; or (2) When a manufacturer has determined that it is necessary to remove from the market a distributed infant formula that: (i) Is no longer subject to the manufacturer's control; (ii) Is in violation of the laws and regulations administered by the Food and Drug Administration and against which the agency could initiate legal or regulatory action; and (iii) Does not present a human risk. (b) The Food and Drug Administration will monitor continually the recall action and will take appropriate actions to ensure that the violative infant formula is removed from the market." 21:21:2.0.1.1.7.5.1.4,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.230 Elements of an infant formula recall.,FDA,,,"[54 FR 4008, Jan. 27, 1989, as amended at 66 FR 17358, Mar. 30, 2001; 69 FR 17291, Apr. 2, 2004]","A recalling firm shall conduct an infant formula recall with the following elements: (a) The recalling firm shall evaluate in writing the hazard to human health associated with the use of the infant formula. This health hazard evaluation shall include consideration of any disease, injury, or other adverse physiological effect that has been or that could be caused by the infant formula and of the seriousness, likelihood, and consequences of the diseases, injury, or other adverse physiological effect. The Food and Drug Administration will conduct its own health hazard evaluation and promptly notify the recalling firm of the results of that evaluation if the criteria for recall under § 107.200 have been met. (b) The recalling firm shall devise a written recall strategy suited to the individual circumstances of the particular recall. The recall strategy shall take into account the health hazard evaluation and specify the following: The extent of the recall; if necessary, the public warning to be given about any hazard presented by the infant formula; the disposition of the recalled infant formula; and the effectiveness checks that will be made to determine that the recall is carried out. (c) The recalling firm shall promptly notify each of its affected direct accounts about the recall. The format of a recall communication shall be distinctive, and the content and extent of a recall communication shall be commensurate with the hazard of the infant formula being recalled and the strategy developed for the recall. The recall communication shall instruct consignees to report back quickly to the recalling firm about whether they are in possession of the recalled infant formula and shall include a means of doing so. The recalled communication shall also advise consignees how to return the recall infant formula to the manufacturer or otherwise dispose of it. The recalling firm shall send a followup recall communication to any consignee that does not respond to the initial recall communication. (d) If the infant formula presents a risk to human health, the recalling firm shall request that each establishment, at which such infant formula is sold or available for sale, post at the point of purchase of such formula a notice of such recall at such establishment. The notice shall be provided by the recalling firm after approval of the notice by the Food and Drug Administration. The recalling firm shall also request that each retail establishment maintain such notice on display until such time as the Food and Drug Administration notifies the recalling firm that the agency considers the recall completed. (e) The recalling firm shall furnish promptly to the appropriate Food and Drug Administration district office listed in part 5, subpart M of this chapter, as they are available, copies of the health hazard evaluation, the recall strategy, and all recall communications (including, for a recall under § 107.200, the notice to be displayed at retail establishments) directed to consignees, distributors, retailers, and members of the public." 21:21:2.0.1.1.7.5.1.5,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.240 Notification requirements.,FDA,,,"[79 FR 8074, Feb. 10, 2014]","(a) Telephone report. When a determination is made that an infant formula is to be recalled, the recalling firm shall telephone within 24 hours the appropriate Food and Drug Administration district office listed in § 5.115 of this chapter and shall provide relevant information about the infant formula that is to be recalled. (b) Initial written report. Within 14 days after the recall has begun, the recalling firm shall provide a written report to the appropriate FDA district office. The report shall contain relevant information, including the following cumulative information concerning the infant formula that is being recalled: (1) Number of consignees notified of the recall and date and method of notification, including recalls required by § 107.200, information about the notice provided for retail display, and the request for its display. (2) Number of consignees responding to the recall communication and quantity of recalled infant formula on hand at each consignee at the time the communication was received. (3) Quantity of recalled infant formula returned or corrected by each consignee contacted and the quantity of recalled infant formula accounted for. (4) Number and results of effectiveness checks that were made. (5) Estimated timeframes for completion of the recall. (c) Status reports. The recalling firm shall submit to the appropriate FDA district office a written status report on the recall at least every 14 days until the recall is terminated. The status report shall describe the steps taken by the recalling firm to carry out the recall since the last report and the results of these steps." 21:21:2.0.1.1.7.5.1.6,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.250 Termination of an infant formula recall.,FDA,,,"[54 FR 4008, Jan. 27, 1989, as amended at 61 FR 14479, Apr. 2, 1996; 66 FR 17359, Mar. 30, 2001; 69 FR 17291, Apr. 2, 2004; 79 FR 8075, Feb. 10, 2014]","The recalling firm may submit a recommendation for termination of the recall to the appropriate FDA district office for transmittal to the Recall Coordinator, Division of Enforcement (HFS-605), Office of Compliance, Center for Food Safety and Applied Nutrition, 5001 Campus Dr., College Park, MD 20740, or by email to CFSAN.RECALL@fda.hhs.gov , for action. Any such recommendation shall contain information supporting a conclusion that the recall strategy has been effective. The Agency will respond within 15 days of receipt by the Division of Enforcement of the request for termination. The recalling firm shall continue to implement the recall strategy until it receives final written notification from the Agency that the recall has been terminated. The Agency will send such notification, unless the Agency has information from FDA's own audits or from other sources demonstrating that the recall has not been effective. The Agency may conclude that a recall has not been effective if: (a) The recalling firm's distributors have failed to retrieve the recalled infant formula; or (b) Stocks of the recalled infant formula remain in distribution channels that are not in direct control of the recalling firm." 21:21:2.0.1.1.7.5.1.7,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.260 Revision of an infant formula recall.,FDA,,,,"If after a review of the recalling firm's recall strategy or periodic reports or other monitoring of the recall, the Food and Drug Administration concludes that the actions of the recalling firm are deficient, the agency shall notify the recalling firm of any serious deficiency. The agency may require the firm to: (a) Change the extent of the recall, if the agency concludes on the basis of available data that the depth of the recall is not adequate in light of the risk to human health presented by the infant formula. (b) Carry out additional effectiveness checks, if the agency's audits, or other information, demonstrate that the recall has not been effective. (c) Issue additional notifications to the firm's direct accounts, if the agency's audits, or other information demonstrate that the original notifications were not received, or were disregarded in a significant number of cases." 21:21:2.0.1.1.7.5.1.8,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.270 Compliance with this subpart.,FDA,,,"[54 FR 4008, Jan. 27, 1989, as amended at 65 FR 56479, Sept. 19, 2000]",A recalling firm may satisfy the requirements of this subpart by any means reasonable calculated to meet the obligations set forth in this Subpart E. The recall guidance in subpart C of part 7 of this chapter specify procedures that may be useful to a recalling firm in determining how to comply with these regulations. 21:21:2.0.1.1.7.5.1.9,21,Food and Drugs,I,B,107,PART 107—INFANT FORMULA,E,Subpart E—Infant Formula Recalls,,§ 107.280 Records retention.,FDA,,,"[54 FR 4008, Jan. 27, 1989, as amended at 67 FR 9585, Mar. 4, 2002]",Each manufacturer of an infant formula shall make and retain such records respecting the distribution of the infant formula through any establishment owned or operated by such manufacturer as may be necessary to effect and monitor recalls of the formula. Such records shall be retained for at least 1 year after the expiration of the shelf life of the infant formula. 24:24:1.2.1.1.4.0.67.1,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.10 Purpose.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]","These regulations are to carry out the requirements of E.O. 11063 that all action necessary and appropriate be taken to prevent discrimination because of race, color, religion (creed), sex or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof where such property or facilities are owned or operated by the Federal Government, or provided with Federal assistance by the Department of Housing and Urban Development and in the lending practices with respect to residential property and related facilities of lending institutions insofar as such practices relate to loans insured, guaranteed or purchased by the Department. These regulations are intended to assure compliance with the established policy of the United States that the benefits under programs and activities of the Department which provide financial assistance, directly or indirectly, for the provision, rehabilitation, or operation of housing and related facilities are made available without discrimination based on race, color, religion (creed), sex or national origin. These regulations are also intended to assure compliance with the policy of this Department to administer its housing programs affirmatively, so as to achieve a condition in which individuals of similar income levels in the same housing market area have a like range of housing choices available to them regardless of their race, color, religion (creed), sex or national origin." 24:24:1.2.1.1.4.0.67.10,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.45 Resolution of matters.,HUD,,,,"(a) Attempts to resolve and remedy matters found in a complaint investigation or a compliance review shall be made through the methods of conference, conciliation, and persuasion. (b) Resolution of matters pursuant to this section and § 107.40 need not be attempted where similar efforts by another Federal agency have been unsuccessful in ending and remedying the violation found with respect to the same respondent. (c) Efforts to remedy matters shall be directed toward achieving a just resolution of the probable violation and obtaining assurance(s) that the respondent will satisfactorily remedy any violation of E.O. 11063 and will take actions to eliminate the discriminatory practices and prevent reoccurrences. Compensation to individuals from the respondent may also be considered. (d) The terms of settlements shall be reduced to a written agreement, signed by the respondent and the Assistant Secretary for FH&EO or a designee. Such settlements shall seek to protect the interests of the complainant, if any, other persons similarly affected, and the public interest. A written notice of the disposition of matters pursuant to this section and of the terms of settlements shall be given to the Area Manager by the Assistant Secretary for FH&EO or a designee and to the complainant, if any. When the Assistant Secretary or a designee determines that there has been a violation of a settlement agreement, the Assistant Secretary immediately may take action to impose sanctions provided under this part, including the referral of the matter to the Attorney General for appropriate action." 24:24:1.2.1.1.4.0.67.11,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.50 Compliance reviews.,HUD,,,,"(a) Compliance reviews shall be conducted by the Director of the Office of Regional FH&EO or a designee. Complaints alleging a violation(s) of this part or information ascertained in the absence of a complaint indicating apparent failure to comply with this part shall be referred immediately to the Director of the Office of Regional FH&EO. The Regional Director of the Office having jurisdiction over the programs involved and the Area Manager shall be notified of all alleged violations of the regulations. A complaint is not a prerequisite for the initiation of compliance review. (b) The purpose of a compliance review is to determine whether the respondent is in compliance with the Executive order and this part. Where allegations may also indicate a violation of the provisions of title VIII of the Civil Rights Act of 1968, HUD regulations issued thereunder and Affirmative Fair Housing Marketing requirements, a review may be undertaken to determine compliance with those requirements. The respondent shall be given at least five (5) days notice of the time set for any compliance review and the place or places for such review. The complainant shall also be notified of the compliance review." 24:24:1.2.1.1.4.0.67.12,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.51 Findings of noncompliance.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]","(a) A finding of noncompliance shall be made when the facts disclosed during an investigation or compliance review, or other information, indicate a failure to comply with the provisions of E.O. 11063 or this part. In no event will a finding of noncompliance precede the completion of the compliance meeting procedures set forth in § 107.40. (b) Determinations of noncompliance with E.O. 11063 shall be made in any case in which the facts establish the existence of a discriminatory practice under § 107.15(g) (c) The existence or use of a policy or practice, or any arrangement, criterion or other method of administration which has the effect of denying equal housing opportunity or which substantially impairs the ability of persons, because of race, color, religion (creed), sex or national origin, to apply for or receive the benefits of assistance shall be a basis for finding a discriminatory practice unless the respondent can establish that: (1) The policy or practice is designed to serve a legitimate business necessity or governmental purpose of the respondent; (2) The policy or practice effectively carries out the interest it is designed to serve; and (3) No alternative course of action could be adopted that would enable respondent's interest to be served with a less discriminatory impact." 24:24:1.2.1.1.4.0.67.13,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.55 Compliance report.,HUD,,,,"(a) Following completion of efforts under this part, the Director of the Office of Regional FH&EO or a designee shall prepare a compliance report promptly and the Assistant Secretary for FH&EO shall make a finding of compliance or noncompliance. If it is found that the respondent is in compliance, all persons concerned shall be notified of the finding. Where a finding of noncompliance is made, the report shall specify the violations found. The Director of the Office of Regional FH&EO shall send a copy of the report to the respondent by certified mail, return receipt requested, together with a Notice that the matter will be forwarded to the Assistant Secretary for FH&EO for a determination as to whether actions will be initiated for the imposition of sanctions. The Regional Director of the Office having jurisdiction over the programs involved and the Area Manager shall also receive a copy of the report and the notice of intention to refer the matter to the Assistant Secretary for FH&EO. (b) The Notice will provide that the respondent shall have seven (7) days to respond to the violations found and resolve and remedy matters in the compliance report. At the expiration of the seven (7) day period the matter shall be referred to the Assistant Secretary for FH&EO. (c) The complainant shall be sent a copy of the findings and compliance report and shall have seven (7) days to comment thereon." 24:24:1.2.1.1.4.0.67.14,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.60 Sanctions and penalties.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 72 FR 73493, Dec. 27, 2007]","(a) Failure or refusal to comply with E.O. 11063 or the requirements of this part shall be proper basis for applying sanctions. Violations of title VIII of the Civil Rights Act of 1968 or a state or local fair housing law, with respect to activities covered by the Executive order, or of the regulations and requirements under E.O. 11063 of other Federal Departments and agencies may also result in the imposition of sanctions by this Department. (b) Such sanctions as are specified by E.O. 11063, the contract through which federal assistance is provided, and such sanctions as are specified by the rules or regulations of the Department governing the program under which federal assistance to the project is provided shall be applied in accordance with the relevant regulations. Actions that may be taken include: cancellation or termination, in whole or in part, of the contract or agreement; refusal to approve a lender or withdrawal of approval; or a determination of ineligibility, suspension, or debarment from any further assistance or contracts; provided, however, that sanctions of debarment, suspension, and ineligibility are subject to the Department's regulations under 2 CFR part 2424, and, further, that no sanction under section 302 (a), (b), and (c) of Executive Order 11063 shall be applied by the Assistant Secretary for Fair Housing and Equal Opportunity without the concurrence of the Secretary. (c) The Department shall use its good offices in order to promote the abandonment of discriminatory practices with regard to residential property and related facilities provided with assistance prior to the effective date of E.O. 11063 and take appropriate actions permitted by law including the institution of appropriate litigation to provide such equal housing opportunities. (d) In any case involving the failure of a lender to comply with the requirements of the Executive order or this part, the Assistant Secretary for FH&EO shall notify the Federal financial regulatory agency having jurisdiction over the lender of the findings in the case." 24:24:1.2.1.1.4.0.67.15,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.65 Referral to the Attorney General.,HUD,,,,"If the results of a complaint investigation or a compliance review demonstrate that any person, or specified class of persons, has violated E.O. 11063 or this part, and efforts to resolve the matter(s) by informal means have failed, the Assistant Secretary for FH&EO in appropriate cases shall recommend that the General Counsel refer the case to the Attorney General of the United States for appropriate civil or criminal action under section 303 of E.O. 11063." 24:24:1.2.1.1.4.0.67.2,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.11 Relation to other authorities.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]","(a) Where allegations of discrimination on the grounds of race, color, or national origin are made in a program or activity of Federal financial assistance of the Department which does not involve a contract of insurance or guaranty, the provisions of title VI of the Civil Rights Act of 1964 and regulations implementing title VI, Nondiscrimination in Federally Assisted Programs, under part 1 of this title shall apply. Any complaint alleging discrimination on the basis of race, color, religion (creed), sex or national origin in a program or activity of the Department involving a contract of insurance or guaranty will be received and processed according to this part. (b) Where a complaint filed pursuant to this part alleges a discriminatory housing practice which is also covered by title VIII of the Civil Rights Act of 1968, the complainant shall be advised of the right to file a complaint pursuant to section 810 of that title and of the availability of Department procedures regarding fair housing complaints under part 105 of this title. The complainant shall also be advised of the right to initiate a civil action in court pursuant to section 812 of the Civil Rights Act of 1968 without first filing a complaint with HUD." 24:24:1.2.1.1.4.0.67.3,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.15 Definitions.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985; 61 FR 5205, Feb. 9, 1996]","(a) Department and Secretary are defined in 24 CFR part 5. (b) State means each of the fifty states, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Marianas, and the territories of the United States. (c) Assistance includes (1) grants, loans, contributions, and advances of Federal funds; (2) the grant or donation of Federal property and interests in property; (3) the sale, lease, and rental of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration or at a consideration which is reduced for the purpose of assisting the recipient or in recognition of the public interest to be served by such sale or lease to the recipient, when such order granting permission accompanies the sale, lease, or rental of Federal properties; (4) loans in whole or in part insured, guaranteed, or otherwise secured by the credit of the Federal Government; and (5) any Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance. (d) Person includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives or agents, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and public entities. (e) Public entity means a government or governmental subdivision or agency. (f) Discriminatory practice means: (1) Any discrimination on the basis of race, color, religion (creed), sex or national origin or the existence or use of a policy or practice, or any arrangement, criterion or other method of administration which has the effect of denying equal housing opportunity or which substantially impairs the ability of persons to apply for or receive the benefits of assistance because of race, color, religion (creed), sex or national origin, in the sale, rental or other disposition of residential property or related facilities (including land to be developed for residential use), or in the use or occupancy thereof, where such property or related facilities are: (i) Owned or operated by the Secretary; (ii) Provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Department after November 20, 1962; (iii) Provided in whole or in part by loans insured, guaranteed or otherwise secured by the credit of the Department after November 20, 1962; or (iv) Provided by the development or the redevelopment of real property purchased, leased, or otherwise obtained from a State or local public agency or unit of general purpose local government receiving Federal financial assistance from the Department under a loan or grant contract entered into after November 20, 1962. (2) Any discrimination on the basis of race, color, religion (creed), sex or national origin or the existence or use of a policy, practice, or any arrangement, criterion or other method of administration which has the effect of denying equal housing opportunity or which substantially impairs the ability of persons to apply for or receive the benefits of assistance because of race, color, religion (creed), sex or national origin in lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans, insured or guaranteed, by the Department after November 20, 1962. Examples of discriminatory practices under subsections (1) and (2) include but are not limited to the following when based on race, color, religion (creed), sex or national origin: (i) Denial to a person of any housing accommodations, facilities, services, financial aid, financing or other benefit provided under a program or activity; (ii) Providing any housing accommodations, facilities, services, financial aid, financing or other benefits to a person which are different, or are provided in a different manner, from those provided to others in a program or activity; (iii) Subjecting a person to segregation or separate treatment in any matter related to the receipt of housing, accommodations, facilities, services, financial aid, financing or other benefits under a program or activity; (iv) Restricting a person in any way in access to housing, accommodations, facilities, services, financial aid, financing or other benefits, or in the enjoyment of any advantage or privilege enjoyed by others in connection with such housing, accommodations, facilities, services, financial aid, or other benefits under a program or activity; (v) Treating persons differently in determining whether they satisfy any occupancy, admission, enrollment, eligibility, membership, or other requirement or condition which persons must meet in order to be provided any housing, accommodations, facilities, services, financial aid, financing or other benefits under a program or activity; and (vi) Denying a person opportunity to participate in a program or activity through the provision of services or otherwise, or affording the person an opportunity to do so which is different from that afforded others in a program or activity. (3) Noncompliance with relevant affirmative fair housing marketing requirements contained in Department programs and regulations. (4) A formal finding of a violation of title VIII of the Civil Rights Act of 1968 or a state or local fair housing law with respect to activities also covered by E.O. 11063." 24:24:1.2.1.1.4.0.67.4,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.20 Prohibition against discriminatory practices.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]","(a) No person receiving assistance from or participating in any program or activity of the Department involving housing and related facilities shall engage in a discriminatory practice. (b) Where such person has been found by the Department or any other Federal Department, agency, or court to have previously discriminated against persons on the ground of race, color, religion (creed), sex or national origin, he or she must take affirmative action to overcome the effects of prior discrimination. (c) Nothing in this part precludes such person from taking affirmative action to prevent discrimination in housing or related facilities where the purpose of such action is to overcome prior discriminatory practice or usage or to overcome the effects of conditions which resulted in limiting participation by persons of a particular race, color, religion (creed), sex or national origin." 24:24:1.2.1.1.4.0.67.5,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.21 Prevention of discriminatory practices.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 31360, Aug. 2, 1985]","All persons receiving assistance from, or participating in any program or activity of the Department involving housing and related facilities shall take all action necessary and proper to prevent discrimination on the basis of race, color, religion (creed), sex or national origin." 24:24:1.2.1.1.4.0.67.6,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.25 Provisions in legal instruments.,HUD,,,,"(a) The following documents shall contain provisions or statements requiring compliance with E.O. 11063 and this part: (1) Contracts, grants and agreements providing Departmental assistance for the provision of housing and related facilities, (2) Contracts, grants and agreements regarding the sale, rental or management of properties owned by the Secretary, (3) Corporate charters and regulatory agreements relating to multifamily and land development projects assisted by the Department, (4) Approvals of financial institutions and other lenders as approved FHA mortgagees, (5) Requests for subdivision reports under home mortgage procedures and for preapplication analysis of multifamily and land development projects, and (6) Contracts and agreements providing for Departmental insurance or guarantee of loans with respect to housing and related facilities. (b) The provision or statement required pursuant to this section shall indicate that the failure or refusal to comply with the requirements of E.O. 11063 or this part shall be a proper basis for the imposition of sanctions provided in § 107.60." 24:24:1.2.1.1.4.0.67.7,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.30 Recordkeeping requirements.,HUD,,,"[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 52442, Dec. 24, 1985]","(a) All persons receiving assistance through any program or activity of the Department involving the provision of housing and related activities subject to Executive Order 11063 shall maintain racial, religious, national origin and sex data required by the Department in connection with its programs and activities. (b) All lenders participating in Departmental mortgage insurance programs, home improvement loan programs, GNMA mortgage purchase programs, or special mortgage assistance programs, shall maintain data regarding the race, religion, national origin and sex of each applicant and joint applicant for assistance with regard to residential property and related facilities. Racial data shall be noted in the following categories: American Indian/Alaskan Native, Asian/Pacific Islander, Black, White, Hispanic. If an applicant or joint applicant refuses to voluntarily provide the information or any part of it, that fact shall be noted and the information shall be obtained, to the extent possible, through observation. Applications shall be retained for a period of at least twenty-five (25) months following the date the record was made. (c) If an investigation or compliance review under this part reveals a failure to comply with any of the requirements of paragraph (a) or (b) of this section, the respondent shall have the burden of establishing its compliance with this part and with the equal housing opportunity requirements of the Executive order." 24:24:1.2.1.1.4.0.67.8,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.35 Complaints.,HUD,,,,"(a) The Assistant Secretary for FH&EO, or designee, shall conduct such compliance reviews, investigations, inquiries, and informal meetings as may be necessary to effect compliance with this part. (b) Complaints under this part may be filed by any person and must be filed within one year of date of the alleged act of discrimination unless the time for filing is extended by the Assistant Secretary for FH&EO. Complaints must be signed by the complainant and may be filed with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410, or any Regional or Area Office of the Department. All complaints shall be forwarded to the Director, Office of Regional Fair Housing and Equal Opportunity in the appropriate Regional Office which has jurisdiction in the area in which the property is located. (c) Upon receipt of a timely complaint, the Director of the Office of Regional FH&EO shall determine whether the complaint indicates a possible violation of the Executive Order or this part. The Director of the Office of Regional FH&EO or a designee within a reasonable period of time shall conduct an investigation into the facts. The complainant shall be notified of the determination." 24:24:1.2.1.1.4.0.67.9,24,Housing and Urban Development,I,,107,PART 107—NONDISCRIMINATION AND EQUAL OPPORTUNITY IN HOUSING UNDER EXECUTIVE ORDER 11063,,,,§ 107.40 Compliance meeting.,HUD,,,,"(a) Where preliminary analysis of a complaint, a compliance review initiated by the Assistant Secretary for FH&EO, or other information indicates a possible violation of E.O. 11063, or this part, the person allegedly in violation ( respondent ) shall be sent a Notice of Compliance Meeting and requested to attend a compliance meeting. The Notice shall advise the respondent of the matters to be addressed in the Compliance Meeting and the allegations contained in a complaint received pursuant to § 107.35. The purpose of the compliance meeting is to provide the respondent with the opportunity to address matters raised and to remedy such possible violations speedily and informally, to identify possible remedies; and to effect a resolution as provided in § 107.45. (b) The Notice of Compliance Meeting shall be sent to the last known address of the person allegedly in violation, by certified mail, or through personal service. The Notice will advise such person of the right to respond within seven (7) days to the matters and to submit information and relevant data evidencing compliance with E.O. 11063, the Affirmative Fair Housing Marketing Regulations, 24 CFR 200.600, the Fair Housing Poster Regulations, 24 CFR part 110, the Advertising Guidelines for Fair Housing, 37 FR 6700, April 1, 1972, other affirmative marketing requirements applicable to the program or activity and any revisions thereto. Further, the person will be offered an opportunity to be present at the meeting in order to submit any other evidence showing such compliance. The date, place, and time of the scheduled meeting will be included in the Notice. (c) Whenever a compliance meeting is scheduled as a result of a complaint, the complainant shall be sent a copy of the Notice of Compliance Meeting and shall be provided an opportunity to attend the meeting. (d) The Area Office having jurisdiction over the program will prepare a report concerning the status of the respondent's participation in Department programs to be presented to the respondent at the meeting. The Area Manager shall be notified of the meeting and may attend the meeting. (e) At the Compliance Meeting the respondent and the complainant may be represented by counsel and shall have a fair opportunity to present any matters relevant to the complaint. (f) During and pursuant to the Compliance Meeting, the Director of the Office of Regional FH&EO shall consider all evidence relating to the alleged violation, including any action taken by the person allegedly in violation to comply with E.O. 11063. (g) If the evidence shows no violation of the Executive order or this part, the Director of the Office of Regional FH&EO shall so notify the person(s) involved within ten (10) days of the meeting. A copy of this notification shall be sent to the complainant, if any, and shall be submitted to the Assistant Secretary for FH&EO. (h) If the evidence indicates an apparent failure to comply with the Executive order or this part, and the matter cannot be resolved informally pursuant to § 107.45, the Director of the Office of Regional FH&EO shall so notify the respondent and the complainant, if any, no later than ten (10) days after the date on which the compliance meeting is held, in writing by certified mail, return receipt requested, and shall advise the complainant, if any, and the respondent whether the Department will conduct a compliance review pursuant to § 107.50 or, where appropriate, refer the matter to the Assistant Secretary for FH&EO for possible imposition of sanctions. A copy of this notification shall be submitted to the Assistant Secretary for FH&EO. The compliance review shall be conducted to determine whether the respondent has complied with the provisions of E.O. 11063, title VIII of the Civil Rights Act of 1968, Department regulations and the Department's Affirmative Fair Housing Marketing requirements. (i) If the respondent fails to attend a compliance meeting scheduled pursuant to this section, the Director of the Office of Regional FH&EO shall notify the respondent no later than ten (10) days after the date of the scheduled meeting, in writing by certified mail, return receipt requested, as to whether the Department will conduct a compliance review or, where appropriate, refer the matter to the Assistant Secretary for FH&EO for possible imposition of sanctions. A copy of this notification shall be submitted to the Assistant Secretary for FH&EO and sent to the complainant, if any." 33:33:1.0.1.8.56.2.26.1,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.200 Definitions.,USCG,,,"[Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]","Unless otherwise specified, as used in this subpart: Auxiliary vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water attached to, or embarked in, another vessel to which this subpart applies. Cuban territorial waters means the territorial sea and internal waters of Cuba determined in accordance with international law. Owner, agent, master, officer, or person in charge means the persons or entities that maintain operational control over any vessel subject to the requirements of this subpart. U.S. territorial waters has the same meaning as provided in 46 U.S.C. 70054. Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, including auxiliary vessels. Vessel of the United States means— (1) A vessel documented under chapter 121 of title 46 or a vessel numbered as provided in chapter 123 of that title; (2) A vessel owned in whole or part by— (i) The United States or a territory, commonwealth, or possession of the United States; (ii) A State or political subdivision thereof; (iii) a citizen or national of the United States; or (iv) A corporation, partnership, association, trust, joint venture, limited liability company, limited liability partnership, or any other legal entity, created and authorized to own vessels under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 5 of the 1958 Convention on the High Seas and a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of United States law; (3) A vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation; (4) A vessel without nationality as defined in 46 U.S.C. Appendix 1903(c)(2)-(3); or (5) A vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas." 33:33:1.0.1.8.56.2.26.2,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.205 Purpose and delegation.,USCG,,,,"The purpose of this subpart is to implement Presidential Proclamation 7757, and Secretary of Homeland Security Order 2004-001. All powers and authorities granted to officers of the Coast Guard by this subpart may be delegated to other officers and agents of the Coast Guard unless otherwise prohibited by law." 33:33:1.0.1.8.56.2.26.3,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.210 Applicability.,USCG,,,"[Order 2004-001, 69 FR 41372, July 8, 2004 , as amended by USCG-2024-1103, 90 FR 52877, Nov. 24, 2025]","(a) This subpart applies to: (1) Vessels of the United States less than 100 meters (328 feet) in length (and all associated auxiliary vessels) and the owners, agents, masters, officers, persons in charge, and members of the crew of such vessels, that depart U.S. territorial waters and thereafter enter Cuban territorial waters, regardless of whether such entry is made after an intervening entry into, passage through, or departure from any other foreign territory or territorial waters; (2) Vessels of the United States less than 100 meters (328 feet) in length (and all associated auxiliary vessels) and the owners, agents, masters, officers, persons in charge, and members of the crew of such vessels that are located at or get underway from a berth, pier, mooring, or anchorage in U.S. territorial waters, or depart U.S. territorial waters with the intent to enter Cuban territorial waters; and (3) Any person who knowingly fails to comply with this subpart or order given under this subpart, or knowingly obstructs or interferes with the exercise of any power conferred by this subpart. (b) This subpart does not apply to the following: foreign vessels, as defined by 46 U.S.C. 110; public vessels, as defined by 46 U.S.C. 2101, when they are being operated for non-commercial purposes; or to vessels of the United States, as defined by 46 U.S.C. 116, when entering Cuban territorial waters under force majeure." 33:33:1.0.1.8.56.2.26.4,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.215 Regulations.,USCG,,,"[ Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2025-0716, 90 FR 47586, Oct. 2, 2025]","(a) Each person or vessel to which this subpart applies may not get underway or depart from U.S. territorial waters without a written permit from the Commander, USCG Southeast District, or the District Commander's designee. Permits may be obtained pursuant to the process established in § 107.220. The owner, agent, master, or person in charge of the vessel must maintain the written permit for the vessel on board the vessel. (b) Each person or vessel to which this subpart applies must obey any oral or written order issued by a Coast Guard Area or District Commander, or their designees, who may issue oral or written orders to control the anchorage or movement of such vessels and persons. Designees include Captains of the Port, and commissioned, warrant and petty officers of the Coast Guard. (c) No person or vessel to which this subpart applies may obstruct or interfere with the exercise of any power conferred by this subpart. (d) Coast Guard commissioned, warrant and petty officers may go or remain on board a vessel subject to this subpart, may place guards on the subject vessel, may remove all persons not specifically authorized by the Coast Guard to go or remain on board the subject vessel, and may take full or partial possession or control of any such vessel or part thereof, or person on board. Such actions to be taken are in the discretion of the Coast Guard Area or District Commander, or their designees, as deemed necessary to ensure compliance with this subpart and any order given pursuant thereto. (e) Where there is a reasonable, articulable basis to believe a vessel to which this subpart applies intends to enter Cuban territorial waters, any Coast Guard commissioned, warrant, or petty officer may require the owners, agents, masters, officers, or persons in charge, or any member of the crew of any such vessel to provide verbal assurance that the vessel will not enter Cuban territorial waters as a condition for a vessel to get underway from a berth, pier, mooring, or anchorage in U.S. territorial waters, or to depart from U.S. territorial waters. A Coast Guard commissioned, warrant, or petty officer may require the owners, agents, masters, officers, or persons in charge of the vessel to identify all persons on board the vessel and provide verbal assurances that all persons on board have received actual notice of these regulations. The failure of an owner, agent, master, officer, or person in charge, or any member of the crew of any vessel (including all auxiliary vessels) to which this subpart applies to provide requested verbal assurances shall not be used as the sole basis for seizing the vessel for forfeiture under this subpart. (f) The provisions of this subpart are in addition to any powers conferred by law upon Coast Guard commissioned, warrant, or petty officers, and not in limitation of any powers conferred by law or regulation upon such officers, or any other officers of the United States." 33:33:1.0.1.8.56.2.26.5,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.220 Permits.,USCG,,,"[Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2011-0257, 76 FR 31833, June 2, 2011; USCG-2025-0716, 90 FR 47586, Oct. 2, 2025]","(a) Applications for a permit may be obtained by writing or calling the Chief of Response at Commander, USCG Southeast District (dr), 909 SE First Avenue, Miami, FL 33131, telephone (305) 415-6800, or by such other means as the District Commander may make available to the public. The completed application may be returned via regular mail or facsimile to the Chief of Response at Commander, USCG Southeast District (dr), 909 SE First Avenue, Miami, FL 33131, facsimile (305) 415-6809, or by other means prescribed by the District Commander for the convenience of the applicant. (b) All applications must be written in English and legible. (c) The information and documentation in this paragraph must be provided with the application in order for it to be complete and considered by the Coast Guard: (1) The name, address, and telephone number of the applicant; (2) A copy of the valid vessel registration; (3) A copy of a valid and applicable license issued to the applicant by the U.S. Department of Commerce, Bureau of Industry and Security, pursuant to the Export Administration Regulations, 15 CFR chapter VII, subchapter C, parts 730-774 for the export of the vessel to Cuba; and (4) A copy of a valid and applicable specific license issued by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), pursuant to the Cuban Assets Control Regulations, 31 CFR part 515, authorizing the applicant's travel-related transactions in Cuba. Applicants who do not require such an OFAC specific license shall make a written certification to that effect identifying which OFAC general license applies or explaining why no OFAC license is required. (d) Such applications must provide the documentation required by § 107.220(c) for each person to which this subpart applies on board the particular vessel. (e) Upon receiving an application for a permit, the USCG Southeast District Commander (dr) has ten (10) calendar days from the receipt of the application to decide whether the application is complete and, if so, whether a permit will be issued or denied. Applicants will be notified in writing of the decision to issue or deny a permit. Incomplete applications will be returned to the applicant, along with the reasons why such application was deemed incomplete." 33:33:1.0.1.8.56.2.26.6,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.225 Appeals.,USCG,,,"[ Order 2004-001, 69 FR 41372, July 8, 2004, as amended by USCG-2025-0716, 90 FR 47586-7, Oct. 2, 2025]","(a) Upon written notification by the Coast Guard that an application has been denied, the applicant may request the USCG Southeast District Commander to reconsider. The request to reconsider must be in writing, must be made within five (5) business days from the date of receipt of the initial denial, and must contain complete supporting documentation and evidence which the applicant wishes to have considered. Requests for reconsideration must be mailed to Commander, USCG Southeast District (d), 909 SE First Avenue, Miami, FL 33131. (b) Upon receipt of the request to reconsider, the USCG Southeast District Commander may direct a representative to gather and submit documentation or other evidence, which, in the judgment of the USCG Southeast District Commander, would be necessary or helpful to a resolution of the request. If gathered and submitted, a copy of this documentation and evidence shall be made available to the applicant. The applicant shall be afforded five (5) business days from the date of receipt of documentation and evidence gathered by the USCG Southeast District Commander's representative to submit rebuttal materials. On or before the fifteenth (15th) calendar day following submission of all materials, the USCG Southeast District Commander shall issue a ruling, in writing, on the request to reconsider. The ruling may reverse the initial denial, or, if the denial is upheld, must contain the specific basis for denial of the application upon reconsideration. (c) The USCG Southeast District Commander's denial of a request for reconsideration taken under paragraph (b) of this section constitutes final agency action." 33:33:1.0.1.8.56.2.26.7,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.230 Enforcement.,USCG,,,,"(a) Unauthorized departure or entry, or both. (1) Vessels and persons to whom this subpart applies, as described in § 107.210(a)(1), that do not comply with § 107.215(a), or any order issued pursuant to this subpart may be subject to a civil penalty of not more than $25,000 for each day of violation. (2) Vessels and persons to whom § 107.230(a)(1) applies shall be held to a standard of strict liability for any entry into Cuban territorial waters without a permit or for failure to maintain the permit for the vessel on board the vessel as required under this subpart, except that strict liability will not be imposed if the failure to obtain or carry a permit results primarily from an act of war, force majeure, or the negligence of the United States. (b) Knowing failure to comply. Any person to whom this subpart applies as described in §§ 107.210(a)(2) or (a)(3) who knowingly fails to comply with this subpart or order given under this subpart, or knowingly obstructs or interferes with the exercise of any power conferred by this subpart may be subject to: (1) Imprisonment for not more than 10 years; (2) A monetary penalty of not more than $10,000; (3) Seizure and forfeiture of the vessel; and (4) A civil penalty of not more than $25,000 for each day of violation. (c) False Statements. Violation of 18 U.S.C. 1001 may result in imprisonment for not more than five years or a fine, or both. (d) Other enforcement. The civil penalties provided for in this subpart are separate from and in addition to any enforcement action that any other agency may seek for violations of the statutes and regulations administered by such agencies." 33:33:1.0.1.8.56.2.26.8,33,Navigation and Navigable Waters,I,H,107,PART 107—NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED ACCESS AREAS,B,Subpart B—Unauthorized Entry Into Cuban Territorial Waters,,§ 107.240 Continuation.,USCG,,,,"This subpart will continue to be enforced so long as the national emergency with respect to Cuba, and the emergency authority relating to the regulation of the anchorage and movement of vessels declared in Proclamation 6867, and expanded in scope by Proclamation 7757, continues."