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 14:14:3.0.1.3.30.1.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.1 Purpose.,FAA,,,,"This part implements the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes: (a) Notice requirements and procedures for airport operators implementing Stage 3 aircraft noise and access restrictions pursuant to agreements between airport operators and aircraft operators; (b) Analysis and notice requirements for airport operators proposing Stage 2 aircraft noise and access restrictions; (c) Notice, review, and approval requirements for airport operators proposing Stage 3 aircraft noise and access restrictions; and (d) Procedures for Federal Aviation Administration reevaluation of agreements containing restrictions on Stage 3 aircraft operations and of aircraft noise and access restrictions affecting Stage 3 aircraft operations imposed by airport operators." 14:14:3.0.1.3.30.1.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.3 Applicability.,FAA,,,,"(a) This part applies to airports imposing restrictions on Stage 2 aircraft operations proposed after October 1, 1990, and to airports imposing restrictions on Stage 3 aircraft operations that became effective after October 1, 1990. (b) This part also applies to airports enacting amendments to airport noise and access restrictions in effect on October 1, 1990, but amended after that date, where the amendment reduces or limits aircraft operations or affects aircraft safety. (c) The notice, review, and approval requirements set forth in this part apply to all airports imposing noise or access restrictions as defined in § 161.5 of this part." 14:14:3.0.1.3.30.1.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.5 Definitions.,FAA,,,"[Docket 26432, 56 FR 48698, Sept. 25, 1991, as amended by Amdt. 161-2, 66 FR 21067, Apr. 27, 2001]","For the purposes of this part, the following definitions apply: Agreement means a document in writing signed by the airport operator; those aircraft operators currently operating at the airport that would be affected by the noise or access restriction; and all affected new entrants planning to provide new air service within 180 days of the effective date of the restriction that have submitted to the airport operator a plan of operations and notice of agreement to the restriction. Aircraft operator, for purposes of this part, means any owner of an aircraft that operates the aircraft, i.e., uses, causes to use, or authorizes the use of the aircraft; or in the case of a leased aircraft, any lessee that operates the aircraft pursuant to a lease. As used in this part, aircraft operator also means any representative of the aircraft owner, or in the case of a leased aircraft, any representative of the lessee empowered to enter into agreements with the airport operator regarding use of the airport by an aircraft. Airport means any area of land or water, including any heliport, that is used or intended to be used for the landing and takeoff of aircraft, and any appurtenant areas that are used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport noise study area means that area surrounding the airport within the noise contour selected by the applicant for study and must include the noise contours required to be developed for noise exposure maps specified in 14 CFR part 150. Airport operator means the airport proprietor. Aviation user class means the following categories of aircraft operators: air carriers operating under parts 121 or 129 of this chapter; commuters and other carriers operating under part 135 of this chapter; general aviation, military, or government operations. Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, for the period from midnight to midnight, obtained after the addition of ten decibels to sound levels for the periods between midnight and 7 a.m., and between 10 p.m. and midnight, local time, as defined in 14 CFR part 150. (The scientific notation for DNL is L dn ). Noise or access restrictions means restrictions (including but not limited to provisions of ordinances and leases) affecting access or noise that affect the operations of Stage 2 or Stage 3 aircraft, such as limits on the noise generated on either a single-event or cumulative basis; a limit, direct or indirect, on the total number of Stage 2 or Stage 3 aircraft operations; a noise budget or noise allocation program that includes Stage 2 or Stage 3 aircraft; a restriction imposing limits on hours of operations; a program of airport-use charges that has the direct or indirect effect of controlling airport noise; and any other limit on Stage 2 or Stage 3 aircraft that has the effect of controlling airport noise. This definition does not include peak-period pricing programs where the objective is to align the number of aircraft operations with airport capacity. Stage 2 aircraft means an aircraft that has been shown to comply with the Stage 2 requirements under 14 CFR part 36. Stage 3 aircraft means an aircraft that has been shown to comply with the Stage 3 requirements under 14 CFR part 36." 14:14:3.0.1.3.30.1.3.4,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.7 Limitations.,FAA,,,,"(a) Aircraft operational procedures that must be submitted for adoption by the FAA, such as preferential runway use, noise abatement approach and departure procedures and profiles, and flight tracks, are not subject to this part. Other noise abatement procedures, such as taxiing and engine runups, are not subject to this part unless the procedures imposed limit the total number of Stage 2 or Stage 3 aircraft operations, or limit the hours of Stage 2 or Stage 3 aircraft operations, at the airport. (b) The notice, review, and approval requirements set forth in this part do not apply to airports with restrictions as specified in 49 U.S.C. App. 2153(a)(2)(C): (1) A local action to enforce a negotiated or executed airport aircraft noise or access agreement between the airport operator and the aircraft operator in effect on November 5, 1990. (2) A local action to enforce a negotiated or executed airport aircraft noise or access restriction the airport operator and the aircraft operators agreed to before November 5, 1990. (3) An intergovernmental agreement including airport aircraft noise or access restriction in effect on November 5, 1990. (4) A subsequent amendment to an airport aircraft noise or access agreement or restriction in effect on November 5, 1990, where the amendment does not reduce or limit aircraft operations or affect aircraft safety. (5) A restriction that was adopted by an airport operator on or before October 1, 1990, and that was stayed as of October 1, 1990, by a court order or as a result of litigation, if such restriction, or a part thereof, is subsequently allowed by a court to take effect. (6) In any case in which a restriction described in paragraph (b)(5) of this section is either partially or totally disallowed by a court, any new restriction imposed by an airport operator to replace such disallowed restriction, if such new restriction would not prohibit aircraft operations in effect on November 5, 1990. (7) A local action that represents the adoption of the final portion of a program of a staged airport aircraft noise or access restriction, where the initial portion of such program was adopted during calendar year 1988 and was in effect on November 5, 1990. (c) The notice, review, and approval requirements of subpart D of this part with regard to Stage 3 aircraft restrictions do not apply if the FAA has, prior to November 5, 1990, formed a working group (outside of the process established by 14 CFR part 150) with a local airport operator to examine the noise impact of air traffic control procedure changes. In any case in which an agreement relating to noise reductions at such airport is then entered into between the airport proprietor and an air carrier or air carrier constituting a majority of the air carrier users of such airport, the requirements of subparts B and D of this part with respect to restrictions on Stage 3 aircraft operations do apply to local actions to enforce such agreements. (d) Except to the extent required by the application of the provisions of the Act, nothing in this part eliminates, invalidates, or supersedes the following: (1) Existing law with respect to airport noise or access restrictions by local authorities; (2) Any proposed airport noise or access regulation at a general aviation airport where the airport proprietor has formally initiated a regulatory or legislative process on or before October 1, 1990; and (3) The authority of the Secretary of Transportation to seek and obtain such legal remedies as the Secretary considers appropriate, including injunctive relief." 14:14:3.0.1.3.30.1.3.5,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.9 Designation of noise description methods.,FAA,,,,"For purposes of this part, the following requirements apply: (a) The sound level at an airport and surrounding areas, and the exposure of individuals to noise resulting from operations at an airport, must be established in accordance with the specifications and methods prescribed under appendix A of 14 CFR part 150; and (b) Use of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of 14 CFR part 150." 14:14:3.0.1.3.30.1.3.6,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,A,Subpart A—General Provisions,,§ 161.11 Identification of land uses in airport noise study area.,FAA,,,,"For the purposes of this part, uses of land that are normally compatible or noncompatible with various noise-exposure levels to individuals around airports must be identified in accordance with the criteria prescribed under appendix A of 14 CFR part 150. Determination of land use must be based on professional planning, zoning, and building and site design information and expertise." 14:14:3.0.1.3.30.2.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.101 Scope.,FAA,,,,"(a) This subpart applies to an airport operator's noise or access restriction on the operation of Stage 3 aircraft that is implemented pursuant to an agreement between an airport operator and all aircraft operators affected by the proposed restriction that are serving or will be serving such airport within 180 days of the date of the proposed restriction. (b) For purposes of this subpart, an agreement shall be in writing and signed by: (1) The airport operator; (2) Those aircraft operators currently operating at the airport who would be affected by the noise or access restriction; and (3) All new entrants that have submitted the information required under § 161.105(a) of this part. (c) This subpart does not apply to restrictions exempted in § 161.7 of this part. (d) This subpart does not limit the right of an airport operator to enter into an agreement with one or more aircraft operators that restricts the operation of Stage 2 or Stage 3 aircraft as long as the restriction is not enforced against aircraft operators that are not party to the agreement. Such an agreement is not covered by this subpart except that an aircraft operator may apply for sanctions pursuant to subpart F of this part for restrictions the airport operator seeks to impose other than those in the agreement." 14:14:3.0.1.3.30.2.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.103 Notice of the proposed restriction.,FAA,,,"[Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991]","(a) An airport operator may not implement a Stage 3 restriction pursuant to an agreement with all affected aircraft operators unless there has been public notice and an opportunity for comment as prescribed in this subpart. (b) In order to establish a restriction in accordance with this subpart, the airport operator shall, at least 45 days before implementing the restriction, publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport vicinity or airport noise study area, if one has been delineated; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; affected operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing non-scheduled service; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land use control jurisdiction within the vicinity of the airport, or the airport noise study area, if one has been delineated; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each direct notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction, including sanctions for noncompliance and a statement that it will be implemented pursuant to a signed agreement; (3) A brief discussion of the specific need for and goal of the proposed restriction; (4) Identification of the operators and the types of aircraft expected to be affected; (5) The proposed effective date of the restriction and any proposed enforcement mechanism; (6) An invitation to comment on the proposed restriction, with a minimum 45-day comment period; (7) Information on how to request copies of the restriction portion of the agreement, including any sanctions for noncompliance; (8) A notice to potential new entrant aircraft operators that are known to be interested in serving the airport of the requirements set forth in § 161.105 of this part; and (9) Information on how to submit a new entrant application, comments, and the address for submitting applications and comments to the airport operator, including identification of a contact person at the airport. (d) The Federal Aviation Administration will publish an announcement of the proposed restriction in the Federal Register." 14:14:3.0.1.3.30.2.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.105 Requirements for new entrants.,FAA,,,,"(a) Within 45 days of the publication of the notice of a proposed restriction by the airport operator under § 161.103(b) of this part, any person intending to provide new air service to the airport within 180 days of the proposed date of implementation of the restriction (as evidenced by submission of a plan of operations to the airport operator) must notify the airport operator if it would be affected by the restriction contained in the proposed agreement, and either that it— (1) Agrees to the restriction; or (2) Objects to the restriction. (b) Failure of any person described in § 161.105(a) of this part to notify the airport operator that it objects to the proposed restriction will constitute waiver of the right to claim that it did not consent to the agreement and render that person ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years following the effective date of the restriction. The signature of such a person need not be obtained by the airport operator in order to comply with § 161.107(a) of this part. (c) All other new entrants are also ineligible to use lack of signature as ground to apply for sanctions under subpart F of this part for two years." 14:14:3.0.1.3.30.2.3.4,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.107 Implementation of the restriction.,FAA,,,,"(a) To be eligible to implement a Stage 3 noise or access restriction under this subpart, an airport operator shall have the restriction contained in an agreement as defined in § 161.101(b) of this part. (b) An airport operator may not implement a restriction pursuant to an agreement until the notice and comment requirements of § 161.103 of this part have been met. (c) Each airport operator must notify the Federal Aviation Administration of the implementation of a restriction pursuant to an agreement and must include in the notice evidence of compliance with § 161.103 and a copy of the signed agreement." 14:14:3.0.1.3.30.2.3.5,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.109 Notice of termination of restriction pursuant to an agreement.,FAA,,,,An airport operator must notify the FAA within 10 days of the date of termination of a restriction pursuant to an agreement under this subpart. 14:14:3.0.1.3.30.2.3.6,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.111 Availability of data and comments on a restriction implemented pursuant to an agreement.,FAA,,,,The airport operator shall retain all relevant supporting data and all comments relating to a restriction implemented pursuant to an agreement for as long as the restriction is in effect. The airport operator shall make these materials available for inspection upon request by the FAA. The information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA. 14:14:3.0.1.3.30.2.3.7,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,B,Subpart B—Agreements,,§ 161.113 Effect of agreements; limitation on reevaluation.,FAA,,,,"(a) Except as otherwise provided in this subpart, a restriction implemented by an airport operator pursuant to this subpart shall have the same force and effect as if it had been a restriction implemented in accordance with subpart D of this part. (b) A restriction implemented by an airport operator pursuant to this subpart may be subject to reevaluation by the FAA under subpart E of this part." 14:14:3.0.1.3.30.3.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.201 Scope.,FAA,,,,"(a) This subpart applies to: (1) An airport imposing a noise or access restriction on the operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after October 1, 1990. (2) An airport imposing an amendment to a Stage 2 restriction, if the amendment is proposed after October 1, 1990, and reduces or limits Stage 2 aircraft operations (compared to the restriction that it amends) or affects aircraft safety. (b) This subpart does not apply to an airport imposing a Stage 2 restriction specifically exempted in § 161.7 or a Stage 2 restriction contained in an agreement as long as the restriction is not enforced against aircraft operators that are not parties to the agreement." 14:14:3.0.1.3.30.3.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.203 Notice of proposed restriction.,FAA,,,,"(a) An airport operator may not implement a Stage 2 restriction within the scope of § 161.201 unless the airport operator provides an analysis of the proposed restriction, prepared in accordance with § 161.205, and a public notice and opportunity for comment as prescribed in this subpart. The notice and analysis required by this subpart shall be completed at least 180 days prior to the effective date of the restriction. (b) Except as provided in § 161.211, an airport operator must publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction, including a statement that it will be a mandatory Stage 2 restriction, and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection; (3) A brief discussion of the specific need for, and goal of, the restriction; (4) Identification of the operators and the types of aircraft expected to be affected; (5) The proposed effective date of the restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease), and any proposed enforcement mechanism; (6) An analysis of the proposed restriction, as required by § 161.205 of this subpart, or an announcement of where the analysis is available for public inspection; (7) An invitation to comment on the proposed restriction and analysis, with a minimum 45-day comment period; (8) Information on how to request copies of the complete text of the proposed restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice); and (9) The address for submitting comments to the airport operator, including identification of a contact person at the airport. (d) At the time of notice, the airport operator shall provide the FAA with a full text of the proposed restriction, including any sanctions for noncompliance. (e) The Federal Aviation Administration will publish an announcement of the proposed Stage 2 restriction in the Federal Register." 14:14:3.0.1.3.30.3.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.205 Required analysis of proposed restriction and alternatives.,FAA,,,,"(a) Each airport operator proposing a noise or access restriction on Stage 2 aircraft operations shall prepare the following and make it available for public comment: (1) An analysis of the anticipated or actual costs and benefits of the proposed noise or access restriction; (2) A description of alternative restrictions; and (3) A description of the alternative measures considered that do not involve aircraft restrictions, and a comparison of the costs and benefits of such alternative measures to costs and benefits of the proposed noise or access restriction. (b) In preparing the analyses required by this section, the airport operator shall use the noise measurement systems and identify the airport noise study area as specified in §§ 161.9 and 161.11, respectively; shall use currently accepted economic methodology; and shall provide separate detail on the costs and benefits of the proposed restriction with respect to the operations of Stage 2 aircraft weighing less than 75,000 pounds if the restriction applies to this class. The airport operator shall specify the methods used to analyze the costs and benefits of the proposed restriction and the alternatives. (c) The kinds of information set forth in § 161.305 are useful elements of an adequate analysis of a noise or access restriction on Stage 2 aircraft operations." 14:14:3.0.1.3.30.3.3.4,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.207 Comment by interested parties.,FAA,,,,"Each airport operator shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect." 14:14:3.0.1.3.30.3.3.5,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.209 Requirements for proposal changes.,FAA,,,,"(a) Each airport operator shall promptly advise interested parties of any changes to a proposed restriction, including changes that affect noncompatible land uses, and make available any changes to the proposed restriction and its analysis. Interested parties include those that received direct notice under § 161.203(b), or those that were required to be consulted in accordance with the procedures in § 161.211 of this part, and those that have commented on the proposed restriction. (b) If there are substantial changes to the proposed restriction or the analysis during the 180-day notice period, the airport operator shall initiate new notice following the procedures in § 161.203 or, alternatively, the procedures in § 161.211. A substantial change includes, but is not limited to, a proposal that would increase the burden on any aviation user class. (c) In addition to the information in § 161.203(c), new notice must indicate that the airport operator is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction. The effective date of the restriction must be at least 180 days after the date the new notice and revised analysis are made available for public comment." 14:14:3.0.1.3.30.3.3.6,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.211 Optional use of 14 CFR part 150 procedures.,FAA,,,,"(a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.203(b) and 161.209(b), as a means of providing an adequate public notice and comment opportunity on a proposed Stage 2 restriction. (b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall: (1) Ensure that all parties identified for direct notice under § 161.203(b) are notified that the airport's 14 CFR part 150 program will include a proposed Stage 2 restriction under part 161, and that these parties are offered the opportunity to participate as consulted parties during the development of the 14 CFR part 150 program; (2) Provide the FAA with a full text of the proposed restriction, including any sanctions for noncompliance, at the time of the notice; (3) Include the information in § 161.203 (c)(2) through (c)(5) and 161.205 in the analysis of the proposed restriction for the part 14 CFR part 150 program; (4) Wait 180 days following the availability of the above analysis for review by the consulted parties and compliance with the above notice requirements before implementing the Stage 2 restriction; and (5) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with paragraphs (b)(1) and (b)(4) of this section, and the analysis in paragraph (b)(3) of this section, together with a clear identification that the 14 CFR part 150 program includes a proposed Stage 2 restriction under part 161. (c) The FAA determination on the 14 CFR part 150 submission does not constitute approval or disapproval of the proposed Stage 2 restriction under part 161. (d) An amendment of a restriction may also be processed under 14 CFR part 150 procedures in accordance with this section." 14:14:3.0.1.3.30.3.3.7,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,C,Subpart C—Notice Requirements for Stage 2 Restrictions,,§ 161.213 Notification of a decision not to implement a restriction.,FAA,,,,"If a proposed restriction has been through the procedures prescribed in this subpart and the restriction is not subsequently implemented, the airport operator shall so advise the interested parties. Interested parties are described in § 161.209(a)." 14:14:3.0.1.3.30.4.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.301 Scope.,FAA,,,,"(a) This subpart applies to: (1) An airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990. (2) An airport imposing an amendment to a Stage 3 restriction, if the amendment becomes effective after October 1, 1990, and reduces or limits Stage 3 aircraft operations (compared to the restriction that it amends) or affects aircraft safety. (b) This subpart does not apply to an airport imposing a Stage 3 restriction specifically exempted in § 161.7, or an agreement complying with subpart B of this part. (c) A Stage 3 restriction within the scope of this subpart may not become effective unless it has been submitted to and approved by the FAA. The FAA will review only those Stage 3 restrictions that are proposed by, or on behalf of, an entity empowered to implement the restriction." 14:14:3.0.1.3.30.4.3.10,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.319 Withdrawal or revision of restriction.,FAA,,,,"(a) The applicant may withdraw or revise a proposed restriction at any time prior to FAA approval or disapproval, and must do so if substantial changes are made as described in § 161.309. The applicant shall notify the FAA in writing of a decision to withdraw the proposed restriction for any reason. The FAA will publish a notice in the Federal Register that it has terminated its review without prejudice to resubmission. A resubmission will be considered a new application. (b) A subsequent amendment to a Stage 3 restriction that was in effect after October 1, 1990, or an amendment to a Stage 3 restriction previously approved by the FAA, is subject to the procedures in this subpart if the amendment will further reduce or limit aircraft operations or affect aircraft safety. The applicant may, at its option, revise or amend a restriction previously disapproved by the FAA and resubmit it for approval. Amendments are subject to the same requirements and procedures as initial submissions." 14:14:3.0.1.3.30.4.3.11,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.321 Optional use of 14 CFR part 150 procedures.,FAA,,,,"(a) An airport operator may use the procedures in part 150 of this chapter, instead of the procedures described in §§ 161.303(b) and 161.309(b) of this part, as a means of providing an adequate public notice and opportunity to comment on proposed Stage 3 restrictions, including submitted alternatives. (b) If the airport operator elects to use 14 CFR part 150 procedures to comply with this subpart, the operator shall: (1) Ensure that all parties identified for direct notice under § 161.303(b) are notified that the airport's 14 CFR part 150 program submission will include a proposed Stage 3 restriction under part 161, and that these parties are offered the opportunity to participate as consulted parties during the development of the 14 CFR part 150 program; (2) Include the information required in § 161.303(c) (2) through (5) and § 161.305 in the analysis of the proposed restriction in the 14 CFR part 150 program submission; and (3) Include in its 14 CFR part 150 submission to the FAA evidence of compliance with the notice requirements in paragraph (b)(1) of this section and include the information required for a part 161 application in § 161.311, together with a clear identification that the 14 CFR part 150 submission includes a proposed Stage 3 restriction for FAA review and approval under §§ 161.313, 161.315, and 161.317. (c) The FAA will evaluate the proposed part 161 restriction on Stage 3 aircraft operations included in the 14 CFR part 150 submission in accordance with the procedures and standards of this part, and will review the total 14 CFR part 150 submission in accordance with the procedures and standards of 14 CFR part 150. (d) An amendment of a restriction, as specified in § 161.319(b) of this part, may also be processed under 14 CFR part 150 procedures." 14:14:3.0.1.3.30.4.3.12,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.323 Notification of a decision not to implement a restriction.,FAA,,,,"If a Stage 3 restriction has been approved by the FAA and the restriction is not subsequently implemented, the applicant shall so advise the interested parties specified in § 161.309(a) of this part." 14:14:3.0.1.3.30.4.3.13,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.325 Availability of data and comments on an implemented restriction.,FAA,,,,The applicant shall retain all relevant supporting data and all comments relating to an approved restriction for as long as the restriction is in effect and shall make these materials available for inspection upon request by the FAA. This information shall be made available for inspection by any person during the pendency of any petition for reevaluation found justified by the FAA. 14:14:3.0.1.3.30.4.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.303 Notice of proposed restrictions.,FAA,,,,"(a) Each airport operator or aircraft operator (hereinafter referred to as applicant) proposing a Stage 3 restriction shall provide public notice and an opportunity for public comment, as prescribed in this subpart, before submitting the restriction to the FAA for review and approval. (b) Except as provided in § 161.321, an applicant shall publish a notice of the proposed restriction in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area; post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) Aircraft operators providing scheduled passenger or cargo service at the airport; operators of aircraft based at the airport; potential new entrants that are known to be interested in serving the airport; and aircraft operators known to be routinely providing nonscheduled service that may be affected by the proposed restriction; (2) The Federal Aviation Administration; (3) Each Federal, state, and local agency with land-use control jurisdiction within the airport noise study area; (4) Fixed-base operators and other airport tenants whose operations may be affected by the proposed restriction; and (5) Community groups and business organizations that are known to be interested in the proposed restriction. (c) Each notice provided in accordance with paragraph (b) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the proposed restriction (and any alternatives, in order of preference), including a statement that it will be a mandatory Stage 3 restriction; and where the complete text of the restriction, and any sanctions for noncompliance, are available for public inspection; (3) A brief discussion of the specific need for, and goal of, the restriction; (4) Identification of the operators and types of aircraft expected to be affected; (5) The proposed effective date of the restriction, the proposed method of implementation (e.g., city ordinance, airport rule, lease, or other document), and any proposed enforcement mechanism; (6) An analysis of the proposed restriction, in accordance with § 161.305 of this part, or an announcement regarding where the analysis is available for public inspection; (7) An invitation to comment on the proposed restriction and the analysis, with a minimum 45-day comment period; (8) Information on how to request a copy of the complete text of the restriction, including any sanctions for noncompliance, and the analysis (if not included with the notice); and (9) The address for submitting comments to the airport operator or aircraft operator proposing the restriction, including identification of a contact person. (d) Applicants may propose alternative restrictions, including partial implementation of any proposal, and indicate an order of preference. If alternative restriction proposals are submitted, the requirements listed in paragraphs (c)(2) through (c)(6) of this section should address the alternative proposals where appropriate." 14:14:3.0.1.3.30.4.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.305 Required analysis and conditions for approval of proposed restrictions.,FAA,,,,"Each applicant proposing a noise or access restriction on Stage 3 operations shall prepare and make available for public comment an analysis that supports, by substantial evidence, that the six statutory conditions for approval have been met for each restriction and any alternatives submitted. The statutory conditions are set forth in 49 U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed restriction (including alternatives) on Stage 3 aircraft operations that also affects the operation of Stage 2 aircraft must include analysis of the proposals in a manner that permits the proposal to be understood in its entirety. (Nothing in this section is intended to add a requirement for the issuance of restrictions on Stage 2 aircraft to those of subpart C of this part.) The applicant shall provide: (a) The complete text of the proposed restriction and any submitted alternatives, including the proposed wording in a city ordinance, airport rule, lease, or other document, and any sanctions for noncompliance; (b) Maps denoting the airport geographic boundary, and the geographic boundaries and names of each jurisdiction that controls land use within the airport noise study area; (c) An adequate environmental assessment of the proposed restriction or adequate information supporting a categorical exclusion in accordance with FAA orders and procedures regarding compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321); (d) A summary of the evidence in the submission supporting the six statutory conditions for approval; and (e) An analysis of the restriction, demonstrating by substantial evidence that the statutory conditions are met. The analysis must: (1) Be sufficiently detailed to allow the FAA to evaluate the merits of the proposed restriction; and (2) Contain the following essential elements needed to provide substantial evidence supporting each condition for approval: (i) Condition 1: The restriction is reasonable, nonarbitrary, and nondiscriminatory. (A) Essential information needed to demonstrate this condition includes the following: ( 1 ) Evidence that a current or projected noise or access problem exists, and that the proposed action(s) could relieve the problem, including: ( i ) A detailed description of the problem precipitating the proposed restriction with relevant background information on factors contributing to the proposal and any court-ordered action or estimated liability concerns; a description of any noise agreements or noise or access restrictions currently in effect at the airport; and measures taken to achieve land-use compatibility, such as controls or restrictions on land use in the vicinity of the airport and measures carried out in response to 14 CFR part 150; and actions taken to comply with grant assurances requiring that: ( A ) Airport development projects be reasonably consistent with plans of public agencies that are authorized to plan for the development of the area around the airport; and ( B ) The sponsor give fair consideration to the interests of communities in or near where the project may be located; take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land near the airport to activities and purposes compatible with normal airport operations; and not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility (with respect to the airport) of any noise compatibility program measures upon which federal funds have been expended. ( ii ) An analysis of the estimated noise impact of aircraft operations with and without the proposed restriction for the year the restriction is expected to be implemented, for a forecast timeframe after implementation, and for any other years critical to understanding the noise impact of the proposed restriction. The analysis of noise impact with and without the proposed restriction including: ( A ) Maps of the airport noise study area overlaid with noise contours as specified in §§ 161.9 and 161.11 of this part; ( B ) The number of people and the noncompatible land uses within the airport noise study area with and without the proposed restriction for each year the noise restriction is analyzed; ( C ) Technical data supporting the noise impact analysis, including the classes of aircraft, fleet mix, runway use percentage, and day/night breakout of operations; and ( D ) Data on current and projected airport activity that would exist in the absence of the proposed restriction. ( 2 ) Evidence that other available remedies are infeasible or would be less cost-effective, including descriptions of any alternative aircraft restrictions that have been considered and rejected, and the reasons for the rejection; and of any land use or other nonaircraft controls or restrictions that have been considered and rejected, including those proposed under 14 CFR part 150 and not implemented, and the reasons for the rejection or failure to implement. ( 3 ) Evidence that the noise or access standards are the same for all aviation user classes or that the differences are justified, such as: ( i ) A description of the relationship of the effect of the proposed restriction on airport users (by aviation user class); and ( ii ) The noise attributable to these users in the absence of the proposed restriction. (B) At the applicant's discretion, information may also be submitted as follows: ( 1 ) Evidence not submitted under paragraph (e)(2)(ii)(A) of this section (Condition 2) that there is a reasonable chance that expected benefits will equal or exceed expected cost; for example, comparative economic analyses of the costs and benefits of the proposed restriction and aircraft and nonaircraft alternative measures. For detailed elements of analysis, see paragraph (e)(2)(ii)(A) of this section. ( 2 ) Evidence not submitted under paragraph (e)(2)(ii)(A) of this section that the level of any noise-based fees that may be imposed reflects the cost of mitigating noise impacts produced by the aircraft, or that the fees are reasonably related to the intended level of noise impact mitigation. (ii) Condition 2: The restriction does not create an undue burden on interstate or foreign commerce. (A) Essential information needed to demonstrate this statutory condition includes: ( 1 ) Evidence, based on a cost-benefit analysis, that the estimated potential benefits of the restriction have a reasonable chance to exceed the estimated potential cost of the adverse effects on interstate and foreign commerce. In preparing the economic analysis required by this section, the applicant shall use currently accepted economic methodology, specify the methods used and assumptions underlying the analysis, and consider: ( i ) The effect of the proposed restriction on operations of aircraft by aviation user class (and for air carriers, the number of operations of aircraft by carrier), and on the volume of passengers and cargo for the year the restriction is expected to be implemented and for the forecast timeframe. ( ii ) The estimated costs of the proposed restriction and alternative nonaircraft restrictions including the following, as appropriate: ( A ) Any additional cost of continuing aircraft operations under the restriction, including reasonably available information concerning any net capital costs of acquiring or retrofitting aircraft (net of salvage value and operating efficiencies) by aviation user class; and any incremental recurring costs; ( B ) Costs associated with altered or discontinued aircraft operations, such as reasonably available information concerning loss to carriers of operating profits; decreases in passenger and shipper consumer surplus by aviation user class; loss in profits associated with other airport services or other entities: and/or any significant economic effect on parties other than aviation users. ( C ) Costs associated with implementing nonaircraft restrictions or nonaircraft components of restrictions, such as reasonably available information concerning estimates of capital costs for real property, including redevelopment, soundproofing, noise easements, and purchase of property interests; and estimates of associated incremental recurring costs; or an explanation of the legal or other impediments to implementing such restrictions. ( D ) Estimated benefits of the proposed restriction and alternative restrictions that consider, as appropriate, anticipated increase in real estate values and future construction cost (such as sound insulation) savings; anticipated increase in airport revenues; quantification of the noise benefits, such as number of people removed from noise contours and improved work force and/or educational productivity, if any; valuation of positive safety effects, if any; and/or other qualitative benefits, including improvements in quality of life. (B) At the applicant's discretion, information may also be submitted as follows: ( 1 ) Evidence that the affected carriers have a reasonable chance to continue service at the airport or at other points in the national airport system. ( 2 ) Evidence that other air carriers are able to provide adequate service to the airport and other points in the system without diminishing competition. ( 3 ) Evidence that comparable services or facilities are available at another airport controlled by the airport operator in the market area, including services available at other airports. ( 4 ) Evidence that alternative transportation service can be attained through other means of transportation. ( 5 ) Information on the absence of adverse evidence or adverse comments with respect to undue burden in the notice process required in § 161.303, or alternatively in § 161.321, of this part as evidence that there is no undue burden. (iii) Condition 3: The proposed restriction maintains safe and efficient use of the navigable airspace. Essential information needed to demonstrate this statutory condition includes evidence that the proposed restriction maintains safe and efficient use of the navigable airspace based upon: (A) Identification of airspace and obstacles to navigation in the vicinity of the airport; and (B) An analysis of the effects of the proposed restriction with respect to use of airspace in the vicinity of the airport, substantiating that the restriction maintains or enhances safe and efficient use of the navigable airspace. The analysis shall include a description of the methods and data used. (iv) Condition 4: The proposed restriction does not conflict with any existing Federal statute or regulation. Essential information needed to demonstrate this condition includes evidence demonstrating that no conflict is presented between the proposed restriction and any existing Federal statute or regulation, including those governing: (A) Exclusive rights; (B) Control of aircraft operations; and (C) Existing Federal grant agreements. (v) Condition 5: The applicant has provided adequate opportunity for public comment on the proposed restriction. Essential information needed to demonstrate this condition includes evidence that there has been adequate opportunity for public comment on the restriction as specified in § 161.303 or § 161.321 of this part. (vi) Condition 6: The proposed restriction does not create an undue burden on the national aviation system. Essential information needed to demonstrate this condition includes evidence that the proposed restriction does not create an undue burden on the national aviation system such as: (A) An analysis demonstrating that the proposed restriction does not have a substantial adverse effect on existing or planned airport system capacity, on observed or forecast airport system congestion and aircraft delay, and on airspace system capacity or workload; (B) An analysis demonstrating that nonaircraft alternative measures to achieve the same goals as the proposed subject restrictions are inappropriate; (C) The absence of comments with respect to imposition of an undue burden on the national aviation system in response to the notice required in § 161.303 or § 161.321." 14:14:3.0.1.3.30.4.3.4,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.307 Comment by interested parties.,FAA,,,,"(a) Each applicant proposing a restriction shall establish a public docket or similar method for receiving and considering comments, and shall make comments available for inspection by interested parties upon request. Comments must be retained as long as the restriction is in effect. (b) Each applicant shall submit to the FAA a summary of any comments received. Upon request by the FAA, the applicant shall submit copies of the comments." 14:14:3.0.1.3.30.4.3.5,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.309 Requirements for proposal changes.,FAA,,,,"(a) Each applicant shall promptly advise interested parties of any changes to a proposed restriction or alternative restriction that are not encompassed in the proposals submitted, including changes that affect noncompatible land uses or that take place before the effective date of the restriction, and make available these changes to the proposed restriction and its analysis. For the purpose of this paragraph, interested parties include those who received direct notice under § 161.303(b) of this part, or those who were required to be consulted in accordance with the procedures in § 161.321 of this part, and those who commented on the proposed restriction. (b) If there are substantial changes to a proposed restriction or the analysis made available prior to the effective date of the restriction, the applicant proposing the restriction shall initiate new notice in accordance with the procedures in § 161.303 or, alternatively, the procedures in § 161.321. These requirements apply to substantial changes that are not encompassed in submitted alternative restriction proposals and their analyses. A substantial change to a restriction includes, but is not limited to, any proposal that would increase the burden on any aviation user class. (c) In addition to the information in § 161.303(c), a new notice must indicate that the applicant is revising a previous notice, provide the reason for making the revision, and provide a new effective date (if any) for the restriction. (d) If substantial changes requiring a new notice are made during the FAA's 180-day review of the proposed restriction, the applicant submitting the proposed restriction shall notify the FAA in writing that it is withdrawing its proposal from the review process until it has completed additional analysis, public review, and documentation of the public review. Resubmission to the FAA will restart the 180-day review." 14:14:3.0.1.3.30.4.3.6,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.311 Application procedure for approval of proposed restriction.,FAA,,,,"Each applicant proposing a Stage 3 restriction shall submit to the FAA the following information for each restriction and alternative restriction submitted, with a request that the FAA review and approve the proposed Stage 3 noise or access restriction: (a) A summary of evidence of the fulfillment of conditions for approval, as specified in § 161.305; (b) An analysis as specified in § 161.305, as appropriate to the proposed restriction; (c) A statement that the entity submitting the proposal is the party empowered to implement the restriction, or is submitting the proposal on behalf of such party; and (d) A statement as to whether the airport requests, in the event of disapproval of the proposed restriction or any alternatives, that the FAA approve any portion of the restriction or any alternative that meets the statutory requirements for approval. An applicant requesting partial approval of any proposal should indicate its priorities as to portions of the proposal to be approved." 14:14:3.0.1.3.30.4.3.7,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.313 Review of application.,FAA,,,,"(a) Determination of completeness. The FAA, within 30 days of receipt of an application, will determine whether the application is complete in accordance with § 161.311. Determinations of completeness will be made on all proposed restrictions and alternatives. This completeness determination is not an approval or disapproval of the proposed restriction. (b) Process for complete application. When the FAA determines that a complete application has been submitted, the following procedures apply: (1) The FAA notifies the applicant that it intends to act on the proposed restriction and publishes notice of the proposed restriction in the Federal Register in accordance with § 161.315. The 180-day period for approving or disapproving the proposed restriction will start on the date of original FAA receipt of the application. (2) Following review of the application, public comments, and any other information obtained under § 161.317(b), the FAA will issue a decision approving or disapproving the proposed restriction. This decision is a final decision of the Administrator for purpose of judicial review. (c) Process for incomplete application. If the FAA determines that an application is not complete with respect to any submitted restriction or alternative restriction, the following procedures apply: (1) The FAA shall notify the applicant in writing, returning the application and setting forth the type of information and analysis needed to complete the application in accordance with § 161.311. (2) Within 30 days after the receipt of this notice, the applicant shall advise the FAA in writing whether or not it intends to resubmit and supplement its application. (3) If the applicant does not respond in 30 days, or advises the FAA that it does not intend to resubmit and/or supplement the application, the application will be denied. This closes the matter without prejudice to later application and does not constitute disapproval of the proposed restriction. (4) If the applicant chooses to resubmit and supplement the application, the following procedures apply: (i) Upon receipt of the resubmitted application, the FAA determines whether the application, as supplemented, is complete as set forth in paragraph (a) of this section. (ii) If the application is complete, the procedures set forth in § 161.315 shall be followed. The 180-day review period starts on the date of receipt of the last supplement to the application. (iii) If the application is still not complete with respect to the proposed restriction or at least one submitted alternative, the FAA so advises the applicant as set forth in paragraph (c)(1) of this section and provides the applicant with an additional opportunity to supplement the application as set forth in paragraph (c)(2) of this section. (iv) If the environmental documentation (either an environmental assessment or information supporting a categorical exclusion) is incomplete, the FAA will so notify the applicant in writing, returning the application and setting forth the types of information and analysis needed to complete the documentation. The FAA will continue to return an application until adequate environmental documentation is provided. When the application is determined to be complete, including the environmental documentation, the 180-day period for approval or disapproval will begin upon receipt of the last supplement to the application. (v) Following review of the application and its supplements, public comments, and any other information obtained under § 161.317(b), the FAA will issue a decision approving or disapproving the application. This decision is a final decision of the Administrator for the purpose of judicial review. (5) The FAA will deny the application and return it to the applicant if: (i) None of the proposals submitted are found to be complete; (ii) The application has been returned twice to the applicant for reasons other than completion of the environmental documentation; and (iii) The applicant declines to complete the application. This closes the matter without prejudice to later application, and does not constitute disapproval of the proposed restriction." 14:14:3.0.1.3.30.4.3.8,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.315 Receipt of complete application.,FAA,,,,"(a) When a complete application has been received, the FAA will notify the applicant by letter that the FAA intends to act on the application. (b) The FAA will publish notice of the proposed restriction in the Federal Register, inviting interested parties to file comments on the application within 30 days after publication of the Federal Register notice." 14:14:3.0.1.3.30.4.3.9,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,D,"Subpart D—Notice, Review, and Approval Requirements for Stage 3 Restrictions",,§ 161.317 Approval or disapproval of proposed restriction.,FAA,,,,"(a) Upon determination that an application is complete with respect to at least one of the proposals submitted by the applicant, the FAA will act upon the complete proposals in the application. The FAA will not act on any proposal for which the applicant has declined to submit additional necessary information. (b) The FAA will review the applicant's proposals in the preference order specified by the applicant. The FAA may request additional information from aircraft operators, or any other party, and may convene an informal meeting to gather facts relevant to its determination. (c) The FAA will evaluate the proposal and issue an order approving or disapproving the proposed restriction and any submitted alternatives, in whole or in part, in the order of preference indicated by the applicant. Once the FAA approves a proposed restriction, the FAA will not consider any proposals of lower applicant-stated preference. Approval or disapproval will be given by the FAA within 180 days after receipt of the application or last supplement thereto under § 161.313. The FAA will publish its decision in the Federal Register and notify the applicant in writing. (d) The applicant's failure to provide substantial evidence supporting the statutory conditions for approval of a particular proposal is grounds for disapproval of that proposed restriction. (e) The FAA will approve or disapprove only the Stage 3 aspects of a restriction if the restriction applies to both Stage 2 and Stage 3 aircraft operations. (f) An order approving a restriction may be subject to requirements that the applicant: (1) Comply with factual representations and commitments in support of the restriction; and (2) Ensure that any environmental mitigation actions or commitments by any party that are set forth in the environmental documentation provided in support of the restriction are implemented." 14:14:3.0.1.3.30.5.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.401 Scope.,FAA,,,,"This subpart applies to an airport imposing a noise or access restriction on the operation of Stage 3 aircraft that first became effective after October 1, 1990, and had either been agreed to in compliance with the procedures in subpart B of this part or approved by the FAA in accordance with the procedures in subpart D of this part. This subpart does not apply to Stage 2 restrictions imposed by airports. This subpart does not apply to Stage 3 restrictions specifically exempted in § 161.7." 14:14:3.0.1.3.30.5.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.403 Criteria for reevaluation.,FAA,,,"[Docket 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct. 10, 1991]","(a) A request for reevaluation must be submitted by an aircraft operator. (b) An aircraft operator must demonstrate to the satisfaction of the FAA that there has been a change in the noise environment of the affected airport and that a review and reevaluation pursuant to the criteria in § 161.305 is therefore justified. (1) A change in the noise environment sufficient to justify reevaluation is either a DNL change of 1.5 dB or greater (from the restriction's anticipated target noise level result) over noncompatible land uses, or a change of 17 percent or greater in the noncompatible land uses, within an airport noise study area. For approved restrictions, calculation of change shall be based on the divergence of actual noise impact of the restriction from the estimated noise impact of the restriction predicted in the analysis required in § 161.305(e)(2)(i)(A)( 1 )( ii ). The change in the noise environment or in the noncompatible land uses may be either an increase or decrease in noise or in noncompatible land uses. An aircraft operator may submit to the FAA reasons why a change that does not fall within either of these parameters justifies reevaluation, and the FAA will consider such arguments on a case-by-case basis. (2) A change in the noise environment justifies reevaluation if the change is likely to result in the restriction not meeting one or more of the conditions for approval set forth in § 161.305 of this part for approval. The aircraft operator must demonstrate that such a result is likely to occur. (c) A reevaluation may not occur less than 2 years after the date of the FAA approval. The FAA will normally apply the same 2-year requirement to agreements under subpart B of this part that affect Stage 3 aircraft operations. An aircraft operator may submit to the FAA reasons why an agreement under subpart B of this part should be reevaluated in less than 2 years, and the FAA will consider such arguments on a case-by-case basis. (d) An aircraft operator must demonstrate that it has made a good faith attempt to resolve locally any dispute over a restriction with the affected parties, including the airport operator, before requesting reevaluation by the FAA. Such demonstration and certification shall document all attempts of local dispute resolution." 14:14:3.0.1.3.30.5.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.405 Request for reevaluation.,FAA,,,,"(a) A request for reevaluation submitted to the FAA by an aircraft operator must include the following information: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the restriction and any sanctions for noncompliance, whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, the date of the approval or agreement, and a copy of the restriction as incorporated in a local ordinance, airport rule, lease, or other document; (3) The quantified change in the noise environment using methodology specified in this part; (4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305; (5) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection; and (6) A description and evidence of the aircraft operator's attempt to resolve the dispute locally with the affected parties, including the airport operator. (b) The FAA will evaluate the aircraft operator's submission and determine whether or not a reevaluation is justified. The FAA may request additional information from the airport operator or any other party and may convene an informal meeting to gather facts relevant to its determination. (c) The FAA will notify the aircraft operator in writing, with a copy to the affected airport operator, of its determination. (1) If the FAA determines that a reevaluation is not justified, it will indicate the reasons for this decision. (2) If the FAA determines that a reevaluation is justified, the aircraft operator will be notified to complete its analysis and to begin the public notice procedure, as set forth in this subpart." 14:14:3.0.1.3.30.5.3.4,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.407 Notice of reevaluation.,FAA,,,,"(a) After receiving an FAA determination that a reevaluation is justified, an aircraft operator desiring continuation of the reevaluation process shall publish a notice of request for reevaluation in an areawide newspaper or newspapers that either singly or together has general circulation throughout the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated); post a notice in the airport in a prominent location accessible to airport users and the public; and directly notify in writing the following parties: (1) The airport operator, other aircraft operators providing scheduled passenger or cargo service at the airport, operators of aircraft based at the airport, potential new entrants that are known to be interested in serving the airport, and aircraft operators known to be routinely providing nonscheduled service; (2) The Federal Aviation Administration; (3) Each Federal, State, and local agency with land-use control jurisdiction within the airport noise study area (or the airport vicinity for agreements where an airport noise study area has not been delineated); (4) Fixed-base operators and other airport tenants whose operations may be affected by the agreement or the restriction; (5) Community groups and business organizations that are known to be interested in the restriction; and (6) Any other party that commented on the original restriction. (b) Each notice provided in accordance with paragraph (a) of this section shall include: (1) The name of the airport and associated cities and states; (2) A clear, concise description of the restriction, including whether the restriction was approved by the FAA or agreed to by the airport operator and aircraft operators, and the date of the approval or agreement; (3) The name of the aircraft operator requesting a reevaluation, and a statement that a reevaluation has been requested and that the FAA has determined that a reevaluation is justified; (4) A brief discussion of the reasons why a reevaluation is justified; (5) An analysis prepared in accordance with § 161.409 of this part supporting the aircraft operator's reevaluation request, or an announcement of where the analysis is available for public inspection; (6) An invitation to comment on the analysis supporting the proposed reevaluation, with a minimum 45-day comment period; (7) Information on how to request a copy of the analysis (if not in the notice); and (8) The address for submitting comments to the aircraft operator, including identification of a contact person." 14:14:3.0.1.3.30.5.3.5,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.409 Required analysis by reevaluation petitioner.,FAA,,,,"(a) An aircraft operator that has petitioned the FAA to reevaluate a restriction shall assume the burden of analysis for the reevaluation. (b) The aircraft operator's analysis shall be made available for public review under the procedures in § 161.407 and shall include the following: (1) A copy of the restriction or the language of the agreement as incorporated in a local ordinance, airport rule, lease, or other document; (2) The aircraft operator's status under the restriction (e.g., currently affected operator, potential new entrant) and an explanation of the aircraft operator's specific objection to the restriction; (3) The quantified change in the noise environment using methodology specified in this part; (4) Evidence of the relationship between this change and the likelihood that the restriction does not meet one or more of the conditions in § 161.305; and (5) Sufficient data and analysis selected from § 161.305, as applicable to the restriction at issue, to support the contention made in paragraph (b)(4) of this section. This is to include either an adequate environmental assessment of the impacts of discontinuing all or part of a restriction in accordance with the aircraft operator's petition, or adequate information supporting a categorical exclusion under FAA orders implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321). (c) The amount of analysis may vary with the complexity of the restriction, the number and nature of the conditions in § 161.305 that are alleged to be unsupported, and the amount of previous analysis developed in support of the restriction. The aircraft operator may incorporate analysis previously developed in support of the restriction, including previous environmental documentation to the extent applicable. The applicant is responsible for providing substantial evidence, as described in § 161.305, that one or more of the conditions are not supported." 14:14:3.0.1.3.30.5.3.6,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.411 Comment by interested parties.,FAA,,,,"(a) Each aircraft operator requesting a reevaluation shall establish a docket or similar method for receiving and considering comments and shall make comments available for inspection to interested parties specified in paragraph (b) of this section upon request. Comments must be retained for two years. (b) Each aircraft operator shall promptly notify interested parties if it makes a substantial change in its analysis that affects either the costs or benefits analyzed, or the criteria in § 161.305, differently from the analysis made available for comment in accordance with § 161.407. Interested parties include those who received direct notice under paragraph (a) of § 161.407 and those who have commented on the reevaluation. If an aircraft operator revises its analysis, it shall make the revised analysis available to an interested party upon request and shall extend the comment period at least 45 days from the date the revised analysis is made available." 14:14:3.0.1.3.30.5.3.7,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.413 Reevaluation procedure.,FAA,,,,"(a) Each aircraft operator requesting a reevaluation shall submit to the FAA: (1) The analysis described in § 161.409; (2) Evidence that the public review process was carried out in accordance with §§ 161.407 and 161.411, including the aircraft operator's summary of the comments received; and (3) A request that the FAA complete a reevaluation of the restriction and issue findings. (b) Following confirmation by the FAA that the aircraft operator's documentation is complete according to the requirements of this subpart, the FAA will publish a notice of reevaluation in the Federal Register and provide for a 45-day comment period during which interested parties may submit comments to the FAA. The FAA will specifically solicit comments from the affected airport operator and affected local governments. A submission that is not complete will be returned to the aircraft operator with a letter indicating the deficiency, and no notice will be published. No further action will be taken by the FAA until a complete submission is received. (c) The FAA will review all submitted documentation and comments pursuant to the conditions of § 161.305. To the extent necessary, the FAA may request additional information from the aircraft operator, airport operator, and others known to have information material to the reevaluation, and may convene an informal meeting to gather facts relevant to a reevaluation finding." 14:14:3.0.1.3.30.5.3.8,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.415 Reevaluation action.,FAA,,,,"(a) Upon completing the reevaluation, the FAA will issue appropriate orders regarding whether or not there is substantial evidence that the restriction meets the criteria in § 161.305 of this part. (b) If the FAA's reevaluation confirms that the restriction meets the criteria, the restriction may remain as previously agreed to or approved. If the FAA's reevaluation concludes that the restriction does not meet the criteria, the FAA will withdraw a previous approval of the restriction issued under subpart D of this part to the extent necessary to bring the restriction into compliance with this part or, with respect to a restriction agreed to under subpart B of this part, the FAA will specify which criteria are not met. (c) The FAA will publish a notice of its reevaluation findings in the Federal Register and notify in writing the aircraft operator that petitioned the FAA for reevaluation and the affected airport operator." 14:14:3.0.1.3.30.5.3.9,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,E,Subpart E—Reevaluation of Stage 3 Restrictions,,§ 161.417 Notification of status of restrictions and agreements not meeting conditions-of-approval criteria.,FAA,,,,"If the FAA has withdrawn all or part of a previous approval made under subpart D of this part, the relevant portion of the Stage 3 restriction must be rescinded. The operator of the affected airport shall notify the FAA of the operator's action with regard to a restriction affecting Stage 3 aircraft operations that has been found not to meet the criteria of § 161.305. Restrictions in agreements determined by the FAA not to meet conditions for approval may not be enforced with respect to Stage 3 aircraft operations." 14:14:3.0.1.3.30.6.3.1,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,F,Subpart F—Failure To Comply With This Part,,§ 161.501 Scope.,FAA,,,,"(a) This subpart describes the procedures to terminate eligibility for airport grant funds and authority to impose or collect passenger facility charges for an airport operator's failure to comply with the Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq. ) or this part. These procedures may be used with or in addition to any judicial proceedings initiated by the FAA to protect the national aviation system and related Federal interests. (b) Under no conditions shall any airport operator receive revenues under the provisions of the Airport and Airway Improvement Act of 1982 or impose or collect a passenger facility charge under section 1113(e) of the Federal Aviation Act of 1958 if the FAA determines that the airport is imposing any noise or access restriction not in compliance with the Airport Noise and Capacity Act of 1990 or this part. Recision of, or a commitment in writing signed by an authorized official of the airport operator to rescind or permanently not enforce, a noncomplying restriction will be treated by the FAA as action restoring compliance with the Airport Noise and Capacity Act of 1990 or this part with respect to that restriction." 14:14:3.0.1.3.30.6.3.2,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,F,Subpart F—Failure To Comply With This Part,,§ 161.503 Informal resolution; notice of apparent violation.,FAA,,,,"Prior to the initiation of formal action to terminate eligibility for airport grant funds or authority to impose or collect passenger facility charges under this subpart, the FAA shall undertake informal resolution with the airport operator to assure compliance with the Airport Noise and Capacity Act of 1990 or this part upon receipt of a complaint or other evidence that an airport operator has taken action to impose a noise or access restriction that appears to be in violation. This shall not preclude a FAA application for expedited judicial action for other than termination of airport grants and passenger facility charges to protect the national aviation system and violated federal interests. If informal resolution is not successful, the FAA will notify the airport operator in writing of the apparent violation. The airport operator shall respond to the notice in writing not later than 20 days after receipt of the notice, and also state whether the airport operator will agree to defer implementation or enforcement of its noise or access restriction until completion of the process under this subpart to determine compliance." 14:14:3.0.1.3.30.6.3.3,14,Aeronautics and Space,I,I,161,PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS,F,Subpart F—Failure To Comply With This Part,,§ 161.505 Notice of proposed termination of airport grant funds and passenger facility charges.,FAA,,,,"(a) The FAA begins proceedings under this section to terminate an airport operator's eligibility for airport grant funds and authority to impose or collect passenger facility charges only if the FAA determines that informal resolution is not successful. (b) The following procedures shall apply if an airport operator agrees in writing, within 20 days of receipt of the FAA's notice of apparent violation under § 161.503, to defer implementation or enforcement of a noise or access restriction until completion of the process under this subpart to determine compliance. (1) The FAA will issue a notice of proposed termination to the airport operator and publish notice of the proposed action in the Federal Register. This notice will state the scope of the proposed termination, the basis for the proposed action, and the date for filing written comments or objections by all interested parties. This notice will also identify any corrective action the airport operator can take to avoid further proceedings. The due date for comments and corrective action by the airport operator shall be specified in the notice of proposed termination and shall not be less than 60 days after publication of the notice. (2) The FAA will review the comments, statements, and data supplied by the airport operator, and any other available information, to determine if the airport operator has provided satisfactory evidence of compliance or has taken satisfactory corrective action. The FAA will consult with the airport operator to attempt resolution and may request additional information from other parties to determine compliance. The review and consultation process shall take not less than 30 days. If the FAA finds satisfactory evidence of compliance, the FAA will notify the airport operator in writing and publish notice of compliance in the Federal Register. (3) If the FAA determines that the airport operator has taken action to impose a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part, the FAA will notify the airport operator in writing of such determination. Where appropriate, the FAA may prescribe corrective action, including corrective action the airport operator may still need to take. Within 10 days of receipt of the FAA's determination, the airport operator shall— (i) Advise the FAA in writing that it will complete any corrective action prescribed by the FAA within 30 days; or (ii) Provide the FAA with a list of the domestic air carriers and foreign air carriers operating at the airport and all other issuing carriers, as defined in § 158.3 of this chapter, that have remitted passenger facility charge revenue to the airport in the preceding 12 months. (4) If the FAA finds that the airport operator has taken satisfactory corrective action, the FAA will notify the airport operator in writing and publish notice of compliance in the Federal Register. If the FAA has determined that the airport operator has imposed a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part and satisfactory corrective action has not been taken, the FAA will issue an order that— (i) Terminates eligibility for new airport grant agreements and discontinues payments of airport grant funds, including payments of costs incurred prior to the notice; and (ii) Terminates authority to impose or collect a passenger facility charge or, if the airport operator has not received approval to impose a passenger facility charge, advises the airport operator that future applications for such approval will be denied in accordance with § 158.29(a)(1)(v) of this chapter. (5) The FAA will publish notice of the order in the Federal Register and notify air carriers of the FAA's order and actions to be taken to terminate or modify collection of passenger facility charges in accordance with § 158.85(f) of this chapter. (c) The following procedures shall apply if an airport operator does not agree in writing, within 20 days of receipt of the FAA's notice of apparent violation under § 161.503, to defer implementation or enforcement of its noise or access restriction until completion of the process under this subpart to determine compliance. (1) The FAA will issue a notice of proposed termination to the airport operator and publish notice of the proposed action in the Federal Register. This notice will state the scope of the proposed termination, the basis for the proposed action, and the date for filing written comments or objections by all interested parties. This notice will also identify any corrective action the airport operator can take to avoid further proceedings. The due date for comments and corrective action by the airport operator shall be specified in the notice of proposed termination and shall not be less than 30 days after publication of the notice. (2) The FAA will review the comments, statements, and data supplied by the airport operator, and any other available information, to determine if the airport operator has provided satisfactory evidence of compliance or has taken satisfactory corrective action. If the FAA finds satisfactory evidence of compliance, the FAA will notify the airport operator in writing and publish notice of compliance in the Federal Register. (3) If the FAA determines that the airport operator has taken action to impose a noise or access restriction in violation of the Airport Noise and Capacity Act of 1990 or this part, the procedures in paragraphs (b)(3) through (b)(5) of this section will be followed." 21:21:2.0.1.1.37.1.1.1,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,A,Subpart A—General Provisions,,§ 161.30 Declaration of quantity of contents on labels for canned oysters.,FDA,,,,"(a) For many years packers of canned oysters in the Gulf area of the United States have labeled their output with a declaration of the drained weight of oysters in the containers. Packers in other areas have marketed canned oysters with a declaration of the total weight of the contents of the container. Investigation reveals that under present-day practice consumers generally do not discard the liquid packing medium, but use it as a part of the food. Section 403(e)(2) of the Federal Food, Drug, and Cosmetic Act and the regulations thereunder require food in package form to bear an accurate label statement of the quantity of food in the container. (b) It is concluded that compliance with the label declaration of quantity of contents requirement will be met by an accurate declaration of the total weight of the contents of the can. The requirements of § 161.145(c), establishing a standard of fill of container for canned oysters and specifying the statement of substandard fill for those canned oysters failing to meet that standard remain unaffected by this interpretation." 21:21:2.0.1.1.37.2.1.1,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.130 Oysters.,FDA,,,,"(a) Oysters, raw oysters, shucked oysters, are the class of foods each of which is obtained by shucking shell oysters and preparing them in accordance with the procedure prescribed in paragraph (b) of this section. The name of each such food is the name specified in the applicable definition and standard of identity prescribed in §§ 161.131 to 161.140, inclusive. (b) If water, or salt water containing less than 0.75 percent salt, is used in any vessel into which the oysters are shucked the combined volume of oysters and liquid when such oysters are emptied from such vessel is not less than four times the volume of such water or salt water. Any liquid accumulated with the oysters is removed. The oysters are washed, by blowing or otherwise, in water or salt water, or both. The total time that the oysters are in contact with water or salt water after leaving the shucker, including the time of washing, rinsing, and any other contact with water or salt water is not more than 30 minutes. In computing the time of contact with water or salt water, the length of time that oysters are in contact with water or salt water that is agitated by blowing or otherwise, shall be calculated at twice its actual length. Any period of time that oysters are in contact with salt water containing not less than 0.75 percent salt before contact with oysters, shall not be included in computing the time that the oysters are in contact with water or salt water. Before packing into the containers for shipment or other delivery for consumption the oysters are thoroughly drained and are packed without any added substance. (c) For the purposes of this section: (1) Shell oysters means live oysters of any of the species, Ostrea virginica, Ostrea gigas, Ostrea lurida, in the shell, which, after removal from their beds, have not been floated or otherwise held under conditions which result in the addition of water. (2) Thoroughly drained means one of the following: (i) The oysters are drained on a strainer or skimmer which has an area of not less than 300 square inches per gallon of oysters, drained, and has perforations of at least 1/4 of an inch in diameter and not more than 1 1/4 inches apart, or perforations of equivalent areas and distribution. The oysters are distributed evenly over the draining surface of the skimmer and drained for not less than 5 minutes; or (ii) The oysters are drained by any method other than that prescribed by paragraph (c)(2)(i) of this section whereby liquid from the oysters is removed so that when the oysters are tested within 15 minutes after packing by draining a representative gallon of oysters on a skimmer of the dimensions and in the manner described in paragraph (c)(2)(i) of this section for 2 minutes, not more than 5 percent of liquid by weight is removed by such draining." 21:21:2.0.1.1.37.2.1.2,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.136 Olympia oysters.,FDA,,,,"Olympia oysters, raw Olympia oysters, shucked Olympia oysters, are of the species Ostrea lurida and conform to the definition and standard of identity prescribed for oysters in § 161.130." 21:21:2.0.1.1.37.2.1.3,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.145 Canned oysters.,FDA,,,"[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11832, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24895, June 12, 1989; 58 FR 2884, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]","(a) Identity. (1) Canned oysters is the food prepared from one or any mixture of two or all of the forms of oysters specified in paragraph (a)(2) of this section, and a packing medium of water, or the watery liquid draining from oysters before or during processing, or a mixture of such liquid and water. The food may be seasoned with salt. It is sealed in containers and so processed by heat as to prevent spoilage. (2) The forms of oysters referred to in paragraph (a)(1) of this section are prepared from oysters which have been removed from their shells and washed and which may be steamed while in the shell or steamed or blanched or both after removal therefrom, and are as follows: (i) Whole oysters with such broken pieces of oysters as normally occur in removing oysters from their shells, washing, and packing. (ii) Pieces of oysters obtained by segregating pieces of oysters broken in shucking, washing, or packing whole oysters. (iii) Cut oysters obtained by cutting whole oysters. (3)(i) When the form of oysters specified in paragraph (a)(2)(i) of this section is used, the name of the food is “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea lurida. (ii) When the form of oysters specified in paragraph (a)(2)(ii) of this section is used, the name of the food is “Pieces of ______”, the blank being filled in with the name “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea lurida. (iii) When the form of oysters specified in paragraph (a)(2)(iii) of this section is used, the name of the food is “Cut ______, the blank being filled in with the name “Oysters” or “Cove oysters”, if of the species Ostrea virginica; “Oysters” or “Pacific oysters”, if of the species Ostrea gigas; “Oysters” or “Olympia oysters”, if of the species Ostrea lurida. (iv) In case a mixture of two or all such forms of oysters is used, the name is a combination of the names specified in this paragraph (a)(3) of the forms of oysters used, arranged in order of their predominance by weight. (4) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. (b) [Reserved] (c) Fill of container. (1) The standard of fill of container for canned oysters is a fill such that the drained weight of oysters taken from each container is not less than 59 percent of the water capacity of the container. (2) Water capacity of containers is determined by the general method provided in § 130.12(a) of this chapter. (3) Drained weight is determined by the following method: Keep the un-opened canned oyster container at a temperature of not less than 68° or more than 95 °Fahrenheit for at least 12 hours immediately preceding the determination. After opening, tilt the container so as to distribute its contents evenly over the meshes of a circular sieve which has been previously weighed. The diameter of the sieve is 8 inches if the quantity of the contents of the container is less than 3 pounds, and 12 inches if such quantity is 3 pounds or more. The bottom of the sieve is woven-wire cloth that complies with the specifications for such cloth set forth under “2.38 mm (No. 8)” in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), Table 1, “Nominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),” under the heading “Definitions of Terms and Explanatory Notes,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Without shifting the material on the sieve, so incline the sieve as to facilitate drainage. Two minutes from the time drainage begins, weigh the sieve and the drained oysters. The weight so found, less the weight of the sieve, shall be considered to be the drained weight of the oysters. (4) If canned oysters fall below the standard of fill of container prescribed in paragraph (a) of this section, the label shall bear the general statement of substandard fill specified in § 130.14(b) of this chapter in the manner and form therein specified, followed by the statement, “A can of this size should contain ______ oz. of oysters. This can contains only ______ oz.”, the blanks being filled in with the applicable figures." 21:21:2.0.1.1.37.2.1.4,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.170 Canned Pacific salmon.,FDA,,,"[42 FR 14464, Mar. 15, 1977, as amended at 58 FR 2884, Jan. 6, 1993; 80 FR 41436, July 15, 2015]","(a) Identity. (1) Canned Pacific salmon is the food prepared from one of the species of fish enumerated in paragraph (a)(2) of this section, prepared in one of the forms of pack specified in paragraph (a)(3) of this section, and to which may be added one or more of the optional ingredients specified in paragraph (a)(4) of this section. The food is packed in hermetically sealed containers and so processed by heat as to prevent spoilage and soften bones. The food is labeled in accordance with paragraph (a)(5) of this section. (2)(i) The species of fish which may be used in this food are: (ii) For the purpose of paragraph (a)(5)(i) of this section, the common or usual name or names of each species of fish enumerated in paragraph (a)(2)(i) of this section is (are) the name(s) immediately following the scientific name of each species. (3) The optional forms of canned Pacific salmon are processed from fish prepared by removing the head, gills, and tail, and the viscera, blood, fins, and damaged or discolored flesh to the greatest extent practicable in accordance with good manufacturing practice; and then washing. Canned Pacific salmon is prepared in one of the following forms of pack: (i) “Regular” consists of sections or steaks which are cut transversely from the fish and filled vertically into the can. In preparation, segments of skin or large backbone may be removed. The sections or steaks are so packed that the cut surfaces approximately parallel the ends of the container. A small portion of salmon may be added if necessary to complete the fill of the container. (ii) “Skinless and backbone removed” consists of the regular form of canned salmon set forth in paragraph (a)(3)(i) of this section from which the skin and vertebrae have been removed in accordance with good manufacturing practices. (iii) “Minced salmon” consists of salmon which has been minced or ground. (iv) “Salmon tips or tidbits” consists of small pieces of salmon. (v) “No salt added” consists of canned salmon to which no salt has been added. (4) One or more of the following optional ingredients may be added to the food: (i) Salt. (ii) Edible salmon oil comparable in color, viscosity, and flavor to the oil which would occur naturally in the species of salmon canned. (5)(i) The name of the food is “salmon” together with the common or usual name or names of the species. At least one species name shall be printed in letters of the same style of type and not less in height than those used for the word “salmon”. (ii) Whenever the form of pack is that described in paragraph (a)(3) (ii), (iii), or (iv) of this section, the word or words describing the form of pack shall immediately precede or follow the name of the food without intervening written, printed, or graphic matter in the manner prescribed in § 101.3(c) of this chapter; for example, “red salmon” as the name of the food followed by “skinless and backbone removed”. (iii) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. (b) [Reserved] (c) Fill of container. (1) The standard of fill of container for canned salmon is a fill including all the contents of the container and is not less than the minimum net weight specified for the corresponding can size in the following table: If the can size in question is not listed, calculate the value for Column II as follows: From the list, select as the comparable can size, that one having the nearest water capacity of the can size in question, multiply the net weight listed in Column II by the water capacity of the can size in question, and divide by the water capacity of the comparable can size. Water capacities are determined by the general method provided in § 130.12(a) of this chapter. (2) Sampling and acceptance procedure: The sample size of the sample representing the lot will be selected in accordance with the sampling plan shown in paragraph (c)(2)(ii) of this section. A lot is to be considered acceptable when the average net weight of all the sample units is not less than the minimum net weight stated in paragraph (c)(1) of this section for the corresponding can size. (i) Definitions of terms to be used in the sampling plans in paragraph (c)(2)(ii) of this section are as follows: ( a ) Lot. A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade. ( b ) Lot size. The number of primary containers or units in the lot. ( c ) Sample size ( n ). The total number of sample units drawn for examination from a lot. ( d ) Sample unit. A container, the entire contents of a container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for examination or testing as a single unit. (ii) Sampling plans: 1 Net weight equal to or less than 1 kg. (2.2 lb). n -number of primary containers in sample. 1 Net weight greater than 1 kg (2.2 lb) but not more than 4.5 kgs (10 lb). (3) If canned salmon falls below the standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill specified in § 130.14(b) of this chapter, in the manner and form therein specified." 21:21:2.0.1.1.37.2.1.5,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.173 Canned wet pack shrimp in transparent or nontransparent containers.,FDA,,,"[43 FR 19840, May 9, 1978; 43 FR 25423, June 13, 1978, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan. 6, 1994; 63 FR 14035, Mar. 24, 1998]","(a) Identity. (1) Canned wet pack shrimp is the food consisting of the processed meat of peeled shrimp, free of heads and, to the extent practicable under good manufacturing practice, free of shells, legs, and antennae; in one or any combination of species enumerated in paragraph (a)(2) of this section; prepared in one of the styles specified in paragraph (a)(3) of this section, in sufficient water or other suitable aqueous packing medium to fill the interstices and permit proper processing in accordance with good manufacturing practice. Canned shrimp may contain one or more of the optional ingredients specified in paragraph (a)(4) of this section. It is packed in hermetically sealed transparent or nontransparent containers and so processed by heat as to prevent spoilage. (2) The species of shrimp that may be used in the food are of the families: Penaeidae, Pandalidae, Crangonidae, and Palaemonidae. (3) Styles. Canned shrimp is prepared in one of the following styles: (i) Shrimp with readily visible dark vein (dorsal tract, back vein, or sand vein). (ii) Deveined shrimp containing not less than 95 percent by weight of shrimp prepared by removing the dark vein from the first five segments by deliberate cutting action. (iii) Shrimp, other than “deveined” as described in paragraph (a)(3)(ii) of this section, containing not less than 95 percent by weight of shrimp with no readily visible dark vein within the first five segments. (iv) Broken shrimp, consisting of less than four segments and otherwise conforming to one of the styles described in paragraph (a)(3)(i), (ii), or (iii) of this section. (4) Optional ingredients. The following safe and suitable optional ingredients may be used: (i) Salt. (ii) Lemon juice. (iii) Organic acids. (iv) Nutritive carbohydrate sweeteners. (v) Spices or spice oils or spice extracts. (vi) Flavorings. (vii) Sodium bisulfite. (viii) Calcium disodium EDTA (calcium disodium ethylenediaminetetraacetate), complying with the provisions of § 172.120 of this chapter. (5) Labeling. (i) The name of the food is “shrimp” or “shrimps.” The word “prawns” may appear on the label in parentheses immediately after the word “shrimp” or “shrimps” if the shrimp are of large or extra large size as designated in paragraph (a)(5)(iv) of this section. (ii) When the food is of the style described in paragraph (a)(3)(ii) of this section, the words “cleaned,” “cleaned (deveined),” or “deveined” may be declared on the label. (iii) When the food is of the style described in paragraph (a)(3)(iii) of this section, the words “contain no dark veins” or their equivalent may be declared on the label. (iv) When the food is whole shrimp within a size range designated in table I as “extra large,” “large,” “medium,” or “small” and does not contain broken shrimp as defined in paragraph (a)(3)(iv) of this section in excess of the amount listed in table II for the applicable size, the appropriate size designation may be declared on the label. Table I Table II a Grams of broken shrimp per 100 g of cut-out weight as determined in § 161.173(c) of this section. (v) When the food consists of tiny shrimp, as designated in table I in paragraph (a)(5)(iv) of this section and does not contain broken shrimp as defined in paragraph (a)(3)(iv) of this section in excess of 15 percent by weight, the name of the food on the label shall be accompanied by the word “tiny” in type size equal to that used in the name of the food. (vi) When the food consists of tiny shrimp, as designated in table I in paragraph (a)(5)(iv) of this section and contains more than 15 percent by weight of broken shrimp as defined in paragraph (a)(3)(iv) of this section, the name of the food on the label shall be accompanied by the word “broken” or “pieces” rather than the word “tiny,” in type size equal to that used in the name of the food. (vii) When the food consists wholly or in part of sizes other than tiny, as designated in table I in paragraph (a)(5)(iv) of this section and contains more than 10 percent by weight of broken shrimp as defined in paragraph (a)(3)(iv) of this section, the name of the food on the label shall be accompanied by the word “broken” or “pieces” in type size equal to that used in the name of the food. (viii) The name of the food shall include a declaration of any flavoring that characterizes the food, as specified in § 101.22 of this chapter, and the term “spiced” if spice characterizes the food. (ix) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter. (6) Sampling and acceptance procedure. A lot is to be considered acceptable when the number of defectives does not exceed the acceptance number in the sampling plans given in paragraph (a)(6)(ii) of this section. (i) Definitions of terms to be used in the sampling plans in paragraph (a)(6)(ii) of this section are as follows: ( a ) Lot. A collection of primary containers or units of the same size, type, and style manufactured or packed under similar conditions and handled as a single unit of trade. ( b ) Lot size. The number of primary containers or units in the lot. ( c ) Sample size (n). The total number of sample units drawn for examination from a lot. ( d ) Sample unit. A container, the entire contents of a container, a portion of the contents of a container, or a composite mixture of product from small containers that is sufficient for the examination or testing as a single unit. ( e ) Defective. Any sample unit shall be regarded as defective when it fails to meet the minimum requirements in paragraph (a)(3) (ii) or (iii) of this section for the applicable style, when it exceeds the tolerances in paragraph (a)(5)(iv) of this section for the applicable size, or when the labeling fails to meet the requirements of paragraph (a)(5) (v), (vi), or (vii) of this section of the applicable size. ( f ) Acceptance number (c). The maximum number of defective sample units permitted in the sample in order to consider the lot as meeting the specified requirements. ( g ) Acceptable quality level (AQL). The maximum percent of defective sample units permitted in a lot that will be accepted approximately 95 percent of the time. (ii) Sampling plans: Acceptable Quality Level 6.5 1 n = Number of primary containers in sample. 2 c = Acceptance number. (b) [Reserved] (c) Fill of container. (1) The standard of fill of transparent or nontransparent containers for canned wet pack shrimp is a fill such that the cut-out weight of shrimp taken from each container is not less than 60 percent of the weight of the water required to fill the container. The weight of the water required to fill the container is determined by the general method provided in § 130.12(a) of this chapter. Cut-out weight is determined by the following method: Keep the unopened canned shrimp container at a temperature of not less than 68° nor more than 75 °Fahrenheit for at least 12 hours immediately preceding the determination. After opening, distribute the shrimp evenly over the meshes of a circular sieve that has been previously weighed. The diameter of the sieve is 20.3 centimeters (8 inches) if the quantity of the contents of the container is less than 1.36 kilograms (3 pounds), and 30.5 centimeters (12 inches), if such quantity is 1.36 kilograms (3 pounds) or more. The bottom of the sieve is woven-wire cloth that complies with the specifications for such cloth set forth as a 2.38 mm (No. 8) sieve in the “Definitions of Terms and Explanatory Notes” of the “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Without shifting the material on the sieve, incline the sieve at an angle of approximately 17° to 20° to facilitate drainage. Allow the shrimp to drain for 2 minutes, measured from the moment the product is poured onto the sieve. Weigh the sieve and the drained shrimp. The weight so found, less the weight of the sieve, shall be considered to be the cut-out weight of the shrimp. (2) Sampling and acceptance procedure: A container that falls below the requirement for minimum fill prescribed in paragraph (c)(1) of this section is considered a “defective.” Determine compliance with paragraph (c)(1) of this section as specified in paragraph (a)(6) of this section except that the sample unit shall be the entire contents of the container. (3) If canned wet pack shrimp in transparent or nontransparent containers falls below the applicable standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill provided in § 130.14(b) of this chapter, in the manner and form therein specified." 21:21:2.0.1.1.37.2.1.6,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.175 Frozen raw breaded shrimp.,FDA,,,"[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 58 FR 2884, Jan. 6, 1993; 63 FR 14035, Mar. 24, 1998]","(a) Frozen raw breaded shrimp is the food prepared by coating one of the optional forms of shrimp specified in paragraph (c) of this section with safe and suitable batter and breading ingredients as provided in paragraph (d) of this section. The food is frozen. (b) The food tests not less than 50 percent of shrimp material as determined by the method prescribed in paragraph (g) of this section, except that if the shrimp are composite units the method prescribed in paragraph (h) of this section is used. (c) The term shrimp means the tail portion of properly prepared shrimp of commercial species. Except for composite units, each shrimp unit is individually coated. The optional forms of shrimp are: (1) Fantail or butterfly: Prepared by splitting the shrimp; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached. (2) Butterfly, tail off: Prepared by splitting the shrimp; tail fins and all shell segments are removed. (3) Round: Round shrimp, not split; the shrimp are peeled, except that tail fins remain attached and the shell segment immediately adjacent to the tail fins may be left attached. (4) Round, tail off: Round shrimp, not split; tail fins and all shell segments are removed. (5) Pieces: Each unit consists of a piece or a part of a shrimp; tail fins and all shell segments are removed. (6) Composite units: Each unit consists of two or more whole shrimp or pieces of shrimp, or both, formed and pressed into composite units prior to coating; tail fins and all shell segments are removed; large composite units, prior to coating, may be cut into smaller units. (d) The batter and breading ingredients referred to in paragraph (a) of this section are the fluid constituents and the solid constituents of the coating around the shrimp. These ingredients consist of suitable substances which are not food additives as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act; or if they are food additives as so defined, they are used in conformity with regulations established pursuant to section 409 of the act. Batter and breading ingredients that perform a useful function are regarded as suitable, except that artificial flavorings, artificial sweeteners, artificial colors, and chemical preservatives, other than those provided for in this paragraph, are not suitable ingredients of frozen raw breaded shrimp. Chemical preservatives that are suitable are: (1) Ascorbic acid, which may be used in a quantity sufficient to retard development of dark spots on the shrimp; and (2) The antioxidant preservatives listed in subpart D of part 182 of this chapter that may be used to retard development of rancidity of the fat content of the food, in amounts within the limits prescribed by that section. (e) The label shall name the food, as prepared from each of the optional forms of shrimp specified in paragraph (c) (1) to (6), inclusive, of this section, and following the numbered sequence of such subparagraph, as follows: (1) “Breaded fantail shrimp.” The word “butterfly” may be used in lieu of “fantail” in the name. (2) “Breaded butterfly shrimp, tail off.” (3) “Breaded round shrimp.” (4) “Breaded round shrimp, tail off.” (5) “Breaded shrimp pieces.” (6) Composite units: (i) If the composite units are in a shape similar to that of breaded fish sticks the name is “Breaded shrimp sticks”; if they are in the shape of meat cutlets, the name is “Breaded shrimp cutlets”. (ii) If prepared in a shape other than that of sticks or cutlets, the name is “Breaded shrimp ______”, the blank to be filled in with the word or phrase that accurately describes the shape, but which is not misleading. In the case of the names specified in paragraphs (e) (1) through (5) of this section, the words in each name may be arranged in any order, provided they are so arranged as to be accurately descriptive of the food. The word “prawns” may be added in parentheses immediately after the word “shrimp” in the name of the food if the shrimp are of large size; for example, “Fantail breaded shrimp (prawns)”. If the shrimp are from a single geographical area, the adjectival designation of that area may appear as part of the name; for example, “Breaded Alaskan shrimp sticks”. (f) The names of the optional ingredients used, as provided for in paragraph (d) of this section, shall be listed on the principal display panel or panels of the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase. If a spice that also imparts color is used, it shall be designated as “spice and coloring”, unless the spice is designated by its specific name. If ascorbic acid is used to retard development of dark spots on the shrimp, it shall be designated as “Ascorbic acid added as a preservative” or “Ascorbic acid added to retard discoloration of shrimp”. If any other antioxidant preservative, as provided in paragraph (d) of this section, is used, such preservative shall be designated by its common name followed by the statement “Added as a preservative”. (g) The method for determining percentage of shrimp material for those forms specified in paragraphs (c) (1) through (5) of this section is as follows: (1) Equipment needed. (i) Two-gallon container, approximately 9 inches in diameter. (ii) Two-vaned wooden paddle, each vane measuring approximately 1 3/4 inches by 3 3/4 inches. (iii) Stirring device capable of rotating the wooden paddle at 120 r.p.m. (iv) Balance accurate to 0.01 ounce (or 0.1 gram). (v) U.S. Standard Sieve No. 20, 30.5 centimeter (12 inch) diameter. The sieves shall comply with the specifications for such cloth set forth in “Official Methods of Analysis of the Association of Official Analytical Chemists” (AOAC), 13th Ed. (1980), Table 1, “Nominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),” under the heading “Definitions of Terms and Explanatory Notes,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (vi) U.S. Standard sieve, 1/2 -inch sieve opening, 12-inch diameter. (vii) Forceps, blunt points. (viii) Shallow baking pans. (ix) Rubber-tipped glass stirring rod. (2) Procedure. (i) Weigh the sample to be debreaded. Fill the container three-fourths full of water at 70°-80 °F. Suspend the paddle in the container, leaving a clearance of at least 5 inches below the paddle vanes, and adjust speed to 120 r.p.m. Add shrimp and stir for 10 minutes. Stack the sieves, the 1/2 -inch mesh over the No. 20, and pour the contents of the container onto them. Set the sieves under a faucet, preferably with spray attached, and rinse shrimp with no rubbing of flesh, being careful to keep all rinsings over the sieves and not having the stream of water hit the shrimp on the sieve directly. Lay the shrimp out singly on the sieve as rinsed. Inspect each shrimp and use the rubber-tipped rod and the spray to remove the breading material that may remain on any of them, being careful to avoid undue pressure or rubbing, and return each shrimp to the sieve. Remove the top sieve and drain on a slope for 2 minutes, then remove the shrimp to weighing pan. Rinse contents of the No. 20 sieve onto a flat pan and collect any particles other than breading (i.e., flesh and tail fins) and add to shrimp on balance pan and weigh. (ii) Calculate percent shrimp material: Percent shrimp material = (Weight of debreaded sample) / (Weight of sample) × 100 + 2 (h) The method for determining percentage of shrimp material for composite units, specified in paragraph (c)(6) of this section, is as follows: (1) Equipment needed. (i) Water bath (for example a 3-liter to 4-liter beaker). (ii) Balance accurate to 0.1 gram. (iii) Clip tongs of wire, plastic, or glass. (iv) Stop-watch or regular watch readable to a second. (v) Paper towels. (vi) Spatula, 4-inch blade with rounded tip. (vii) Nut picker. (viii) Thermometer (immersion type) accurate to ±2 °F. (ix) Copper sulfate crystals (CuSo 4 ·5H 2 O). (2) Procedure. (i) Weigh all composite units in the sample while they are still hard frozen. (ii) Place each composite unit individually in a water bath that is maintained at 63 °F-86 °F, and allow to remain until the breading becomes soft and can easily be removed from the still frozen shrimp material (between 10 seconds to 80 seconds for composite units held in storage at 0 °F). If the composite units were prepared using batters that are difficult to remove after one dipping, redip them for up to 5 seconds after the initial debreading and remove residual batter materials. Several preliminary trials may be necessary to determine the exact dip time required for “debreading” the composite units in a sample. For these trials only, a saturated solution of copper sulfate (1 pound of copper sulfate in 2 liters of tap water) is necessary. The correct dip time is the minimum time of immersion in the copper sulfate solution required before the breading can easily be scraped off: Provided, That the “debreaded” units are still solidly frozen and only a slight trace of blue color is visible on the surface of the “debreaded” shrimp material. (iii) Remove the unit from the bath; blot lightly with double thickness of paper toweling; and scrape off or pick out coating from the shrimp material with the spatula or nut picker. (iv) Weigh all the “debreaded” shrimp material. (v) Calculate the percentage of shrimp material in the sample, using the following formula: Percent shrimp material = (Weight of debreaded shrimp sample) / Weight of sample × 100 Percent shrimp material = (Weight of debreaded shrimp sample) / Weight of sample × 100 (i) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter." 21:21:2.0.1.1.37.2.1.7,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.176 Frozen raw lightly breaded shrimp.,FDA,,,,"Frozen raw lightly breaded shrimp complies with the provisions of § 161.175, except that it contains not less than 65 percent of shrimp material, as determined by the method prescribed in § 161.175 (g) or (h), as appropriate, and that in the name prescribed the word “lightly” immediately precedes the words “breaded shrimp”." 21:21:2.0.1.1.37.2.1.8,21,Food and Drugs,I,B,161,PART 161—FISH AND SHELLFISH,B,Subpart B—Requirements for Specific Standardized Fish and Shellfish,,§ 161.190 Canned tuna.,FDA,,,"[42 FR 14464, Mar. 15, 1977, as amended at 47 FR 11833, Mar. 19, 1982; 49 FR 10102, Mar. 19, 1984; 54 FR 24896, June 12, 1989; 55 FR 45797, Oct. 31, 1990; 56 FR 6263, Feb. 15, 1991; 58 FR 2884, Jan. 6, 1993; 61 FR 14480, Apr. 2, 1996; 63 FR 14035, Mar. 24, 1998; 66 FR 56035, Nov. 6, 2001; 88 FR 53773, Aug. 9, 2023]","(a) Identity. (1) Canned tuna is the food consisting of processed flesh of fish of the species enumerated in paragraph (a)(2) of this section, prepared in one of the optional forms of pack specified in paragraph (a)(3) of this section, conforming to one of the color designations specified in paragraph (a)(4) of this section, in one of the optional packing media specified in paragraph (a)(5) of this section, and may contain one or more of the seasonings and flavorings specified in paragraph (a)(6) of this section. For the purpose of inhibiting the development of struvite crystals, sodium acid pyrophosphate may be added in a quantity not in excess of 0.5 percent by weight of the finished food. It is packed in hermetically sealed containers and so processed by heat as to prevent spoilage. It is labeled in accordance with the provisions of paragraph (a)(8) of this section. (2) The fish included in the class known as tuna fish are: Thunnus thynnus (Linnaeus, 1758)—Northern bluefin tuna Thunnus maccoyii (Castelnau, 1872)—Southern bluefin tuna Thunnus alalunga (Bonnaterre, 1788)—Albacore Thunnus atlanticus (Lesson, 1830)—Blackfin tuna Thunnus obesus (Lowe, 1839)—Bigeye tuna Thunnus albacares (Bonnaterre, 1788)—Yellowfin tuna Thunnus tonggol (Bleeker, 1851)—Longtail tuna Katsuwonus pelamis (Linnaeus, 1758)—Skipjack tuna Euthynnus alletteratus (Rafinesque, 1810)—Spotted tunny Euthynnus lineatus Kishinouye, 1920—Black skipjack tuna Euthynnus affinis (Cantor, 1849)—Kawakawa Allothunnus fallai Serventy, 1948—Slender tuna Auxis rochei (Risso, 1810)—Bullet tuna Auxis thazard (Lacepede, 1800)—Frigate tuna Thunnus thynnus (Linnaeus, 1758)—Northern bluefin tuna Thunnus maccoyii (Castelnau, 1872)—Southern bluefin tuna Thunnus alalunga (Bonnaterre, 1788)—Albacore Thunnus atlanticus (Lesson, 1830)—Blackfin tuna Thunnus obesus (Lowe, 1839)—Bigeye tuna Thunnus albacares (Bonnaterre, 1788)—Yellowfin tuna Thunnus tonggol (Bleeker, 1851)—Longtail tuna Katsuwonus pelamis (Linnaeus, 1758)—Skipjack tuna Euthynnus alletteratus (Rafinesque, 1810)—Spotted tunny Euthynnus lineatus Kishinouye, 1920—Black skipjack tuna Euthynnus affinis (Cantor, 1849)—Kawakawa Allothunnus fallai Serventy, 1948—Slender tuna Auxis rochei (Risso, 1810)—Bullet tuna Auxis thazard (Lacepede, 1800)—Frigate tuna (3) The optional forms of processed tuna consist of loins and other striated muscular tissue of the fish. The loin is the longitudinal quarter of the great lateral muscle freed from skin, scales, visible blood clots, bones, gills, viscera and from the nonstriated part of such muscle, which part (known anatomically as the median superficial muscle) is highly vascular in structure, dark in color because of retained blood, and granular in form. Canned tuna is prepared in one of the following forms of pack, the identity of which is determined in accordance with the methods prescribed in paragraph (c)(2) of this section. (i) Solid or solid pack consists of loins freed from any surface tissue discolored by diffused hemolyzed blood, cut in transverse segments to which no free fragments are added. In containers of 1 pound or less of net contents, such segments are cut in lengths suitable for packing in one layer. In containers of more than 1 pound net contents, such segments may be cut in lengths suitable for packing in one or more layers of equal thickness. Segments are placed in the can with the planes of their transverse cut ends parallel to the ends of the can. A piece of a segment may be added if necessary to fill a container. The proportion of free flakes broken from loins in the canning operation shall not exceed 18 percent. (ii) Chunk, chunks, chunk style consists of a mixture of pieces of tuna in which the original muscle structure is retained. The pieces may vary in size, but not less than 50 percent of the weight of the pressed contents of a container is retained on a 1/2 -inch-mesh screen. (iii) Flake or flakes consist of a mixture of pieces of tuna in which more than 50 percent of the weight of the pressed contents of the container will pass through a 1/2 -inch-mesh screen, but in which the muscular structure of the flesh is retained. (iv) Grated consists of a mixture of particles of tuna that have been reduced to uniform size, that will pass through a 1/2 -inch-mesh screen, and in which the particles are discrete and do not comprise a paste. (v) Any of the specified forms of pack of canned tuna may be smoked. Canned smoked tuna shall be labeled in accordance with the provisions of paragraph (a)(8)(v) of this section. (4) Canned tuna, in any of the forms of pack specified in paragraph (a)(3) of this section, falls within one of the following color designations, measured by visual comparison with matte surface neutral reflectance standards corresponding to the specified Munsell units of value, determined in accordance with paragraph (a)(7) of this section. (i) White. This color designation is limited to the species Thunnus alalunga (albacore), and is not darker than Munsell value 6.3. (ii) Light. This color designation includes any tuna not darker than Munsell value 5.3. (iii) Dark. This color designation includes all tuna darker than Munsell value 5.3. (iv) Blended. This color designation may be applied only to tuna flakes specified in paragraph (a)(3)(iii) of this section, consisting of a mixture of tuna flakes of which not less than 20 percent by weight meet the color standard for either white tuna or light tuna, and the remainder of which fall within the color standard for dark tuna. The color designation for blended tuna is determined in accordance with paragraph (a)(7) of this section. (5) Canned tuna is packed in one of the following optional packing media: (i) Any edible vegetable oil other than olive oil, or any mixture of such oils not containing olive oil. (ii) Olive oil. (iii) Water. (6) Canned tuna may be seasoned or flavored with one or more of the following: (i) Salt. (ii) Monosodium glutamate. (iii) Hydrolyzed protein declared in accordance with the applicable provisions of § 101.22. (iv) Spices or spice oils or spice extracts. (v) Vegetable broth in an amount not in excess of 5 percent of the volume capacity of the container, such broth to consist of a minimum of 0.5 percent by weight of vegetable extractives and to be prepared from two or more of the following vegetables: Beans, cabbage, carrots, celery, garlic, onions, parsley, peas, potatoes, green bell peppers, red bell peppers, spinach, and tomatoes. (vi) Garlic. (vii) Lemon flavoring to be prepared from lemon oil and citric acid together with safe and suitable carriers for the lemon oil which are present at nonfunctional and insignificant levels in the finished canned food. When lemon flavoring is added, a safe and suitable solubilizing and dispersing ingredient may be added in a quantity not exceeding 0.005 percent by weight of the finished food. A substance used in accordance with this paragraph is deemed to be suitable if it is used in an amount no greater than necessary to achieve the intended flavor effect, and is deemed to be safe if it is not a food additive as defined in section 201(s) of the Federal Food, Drug, and Cosmetic Act (the act), or if it is a food additive as so defined, it is used in conformity with regulations established pursuant to section 409 of the act. (viii) Edible vegetable oil, excluding olive oil, used in an amount not to exceed 5 percent of the volume capacity of the container, with or without any suitable form of emulsifying and suspending ingredients that has been affirmed as GRAS or approved as a food additive to aid in dispersion of the oil, as seasoning in canned tuna packed in water. (7) For determination of the color designations specified in paragraph (a)(4) of this section, the following method shall be used: Recombine the separations of pressed cake resulting from the method prescribed in paragraph (c)(2) of this section. Pass the combined portions through a sieve fitted with woven-wire cloth of 1/4 -inch mesh complying with the specifications for such cloth set forth in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), Table 1, “Nominal Dimensions of Standard Test Sieves (U.S.A. Standard Series),” under the heading “Definitions of Terms and Explanatory Notes,” which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Mix the sieved material and place a sufficient quantity into a 307 × 113 size container (bearing a top seam and having a false bottom approximately 1/2 -inch deep and painted flat black inside and outside) so that after tamping and smoothing the surface of the sample the material will be 1/8 -inch to 1/4 -inch below the top of the container. Within 10 minutes after sieving through the 1/4 -inch mesh woven-wire cloth, determine the Munsell value of sample surface. (i) Determine the Munsell value of the sample surface so prepared. The following method may be used, employing an optical comparator, consisting of a lens and prism system which brings two beams of light, reflected from equal areas of sample surface and standard surface, respectively, together, within an eyepiece, so as to show an equally divided optical field. The scanned areas of sample and standard surface are not smaller than 2 square inches. Light reaching the eye is rendered sufficiently diffuse, by design of eyepiece and comparator, so that detail of the sample surface will remain undefined, to a degree such as to avoid visual confusion in observation of a match of over-all intensity of reflected light. The eyepiece contains a color filter centering at a wavelength between 550 mµ and 560 mµ. The filter does not pass appreciable visible radiation of wavelengths below 540 mµ or above 570 mµ. The passed wavelength band is of a monochromaticity sufficient to cause a sample and a neutral standard of equal reflectance to appear of the same hue. The comparator is rigidly mounted on a vertical stand attached to a base in which arrangement is provided for securely and accurately positioning two cans of size 307 × 113 in the two fields of view. Mounted on the base are two shaded lamps, which direct the center of their beams of light at about a 45° angle to the plane of the sample and standard surfaces. The lamps are so positioned that light from one bears mainly upon the sample surface and light from the other mainly on the standard surface, and are so placed in relation to sample and standard that no shadows, as from the can rims, appear in the fields of view. The lamps are strong enough to furnish adequate and convenient illumination through eyepiece and filter. Means are provided to alter the light intensity of one lamp in relation to the other, as may conveniently be achieved by using a 100-watt tungsten filament bulb in one lamp and using, in the other, a similar 150-watt bulb connected with the power source through a suitable rheostat. The stand is equipped with non-glossy black curtains on the side of the observer, to exclude variation in extraneous light reflected from the person of the observer. (ii) To adjust the comparator, place a pair of matte surface standards of Munsell value 5.3, mounted as described in paragraph (a)(7)(iv) of this section, in position in the comparator base, and adjust the intensity of the variable lamp until the two halves of the optical field, viewed through the eyepiece, are of equal brightness. Then remove one of the standards and replace it with the prepared sample. Without altering any other adjustments, observe through the eyepiece whether the sample appears lighter or darker than the standard. In case of examination of albacore designated “white”, conduct the procedure using standards of Munsell value 6.3. (iii) The standards with which comparisons are made are essentially neutral matte-finish standards, equivalent in luminous reflectance of light of 555µ wavelength to 33.7 percent of the luminous reflectance of magnesium oxide (for Munsell value 6.3) and 22.6 percent of the luminous reflectance of magnesium oxide (for Munsell value 5.3), as given by the relationship between Munsell value and luminous reflectance derived by a subcommittee of the Optical Society of America and published in the “Journal of the Optical Society of America,” Vol. 33, page 406 (1943), which is incorporated by reference. Copies are available from the Center for Food Safety and Applied Nutrition (HFS-150), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (iv) These standards shall be cut in circles 3 1/4 inches in diameter and shall be mounted in 307 × 113 size containers, bearing a top seam and painted flat black inside and outside, so that the surfaces of the standards are 3/16 inch below the top of the containers in which they are mounted. (v) In the case of blended tuna, the foregoing method shall be varied by first separating the tuna flakes of the two different colors before passing them through the 1/4 -inch mesh sieve, then proceeding with each portion separately for the determination of its color value, employing, if necessary, a sample container with false bottom greater than 1/2 inch deep. (8)(i) The specified names of the canned tuna for which definitions and standards of identity are prescribed by this section, except where water is the packing medium or where the tuna is smoked, are formed by combining the designation of form of pack with the color designation of the tuna; for example, “Solid pack white tuna”, “Grated dark tuna”, etc. In the case of blended tuna, there shall be used both applicable color designations of the blended flakes, in precedence determined in accordance with the predominating portion found in the container; for example, “Blended white and dark tuna flakes”, “Blended dark and light tuna flakes”. (ii) The specified name of canned tuna when water is used as the packing medium is formed as described in paragraph (a)(8)(i) of this section, followed by the words “in water”; for example, “Grated light tuna in water”. (iii) When the packing medium is vegetable oil or olive oil, the label shall bear the name of the optional packing medium used, as specified in paragraph (a)(5) of this section, preceded by the word “in” or the words “packed in”. In case of the optional ingredient specified in paragraph (a)(5)(i) of this section, the name or names of the oil used may be stated, or the general term “vegetable oil” may be used. (iv) In case solid pack tuna is packed in olive oil, the designation “Tonno” may also appear. (v) In case any of the specified forms of canned tuna are smoked, the word “smoked” shall appear as a part of the name on the label; for example, “Smoked light tuna flakes”. (vi) Where the canned tuna contains one or more of the ingredients provided for in paragraph (a)(6) of this section, the label shall bear the statement “Seasoned with ______”, the blank being filled in with the name or names of the ingredient or ingredients used, except that if the ingredient designated in paragraph (a)(6)(v) of this section is used, the blank shall be filled in with the term “vegetable broth”, and if the ingredients designated in paragraph (a)(6)(viii) of this section are used, the blank may be filled in with the term “oil”, and if the ingredient designated in paragraph (a)(6)(iv) of this section is used alone, the label may alternatively bear either the statement “spiced” or the statement “with added spice”; and if salt is the only seasoning ingredient used, the label may alternatively bear any of the statements “salted”, “with added salt”, or “salt added”. If the flavoring ingredients designated in paragraph (a)(6)(vii) of this section are used, the words “lemon flavored” or “with lemon flavoring” shall appear as part of the name on the label; for example, “lemon flavored chunk light tuna”. Citric acid and any optional solubilizing and dispersing agent used as specified in paragraph (a)(6)(vii) of this section in connection with lemon flavoring ingredients or emulsifying and suspending ingredients used as specified in paragraph (a)(6)(viii) of this section shall be designated on the label by their common or usual name. (vii) Where the canned tuna contains the optional ingredient sodium acid pyrophosphate as provided in paragraph (a)(1) of this section, the label shall bear the statement “pyrophosphate added” or “with added pyrophosphate”. (viii) Wherever the name of the food appears on the label so conspicuously as to be easily seen under customary conditions of purchase, the names of the optional ingredients used, as specified in paragraphs (a)(8)(iii), (vi), and (vii) of this section (except if lemon flavoring is added, this subparagraph applies only to the terms “lemon flavored” or “with lemon flavoring”, not to the constituent ingredients of that flavoring or to any optional solubilizing or dispersing ingredient used in connection with lemon flavoring ingredients), shall immediately and conspicuously precede or follow such name without intervening, written, printed, or graphic matter except that the common name of the species of tuna fish may so intervene; but the species name “albacore” may be employed only for canned tuna of that species which meets the color designation “white” as prescribed by paragraph (a)(4)(i) of this section. (ix) Statements of optional ingredients present required by paragraph (a)(8)(vi) of this section, but not subject to the provisions of paragraph (a)(8)(viii) of this section shall be set forth on the label with such prominence and conspicuousness as to render them likely to be read and understood by the ordinary individual under customary conditions of purchase. (b) [Reserved] (c) Fill of container. (1) The standard of fill of container for canned tuna is a fill such that the average weight of the pressed cake from 24 cans, as determined by the method prescribed by paragraph (c)(2) of this section, is not less than the minimum value specified for the corresponding can size and form of tuna ingredient in the following table: If the can size in question is not listed, calculate the value for column II as follows: From the list select as the comparable can size that one having nearest the water capacity of the can size in question, multiply the value listed in column II for the same form of tuna ingredient by the water capacity of the can size in question, and divided by the water capacity of the comparable can size. Water capacities are determined by the general method provided in § 130.12(a) of this chapter. For the purposes of this section, cans of dimensions 211 × 109 shall be deemed to have a water capacity at 68 °F of 3.55 avoirdupois ounces of water; cans of dimensions 307 × 113, a water capacity of 7.05 avoirdupois ounces of water; cans of dimensions 401 × 206, a water capacity of 13.80 avoirdupois ounces of water; and cans of dimensions 603 × 408, a water capacity of 68.15 avoirdupois ounces of water. (2) The methods referred to in paragraph (c)(1) of this section for determining the weight of the pressed cake and referred to in paragraph (a)(3)(i) of this section for determining the percent of free flakes and the percent of pieces that pass through a 1/2 -inch-mesh sieve are as follows: (i) Have each of the 24 cans and contents at a temperature of 75 °F within ±5 °F. Test each can in turn as follows: (ii) Cut out the top of the can (code end), using a can opener that does not remove nor distort the double seam. (iii) With the cut top held on the can contents, invert the can, and drain the free liquid by gentle finger pressure on the cut lid so that most of the free liquid drains from the can. (iv) With the cut lid still in place, cut out the bottom of the can with the can opener, then turn the can upright and remove the cut can top (code end). Scrape off any adhering tuna particles into the tuna mass in the can. (v) Place the proper size of press cylinder as provided in paragraph (c)(3)(i) of this section in a horizontal position on a table; then, using the cut bottom of the can as a pusher, gently force the can contents from the can into the cylinder so that the flat side of the can contents lies in contact with the bottom of the cylinder. Remove the bottom of the can that was used as the pusher and scrape any adhering particles from the can body and bottom of the can, and put them in the cylinder. (vi) Place the cylinder plunger on top of the can contents in the cylinder. Remove the eyebolt and put the cylinder and plunger in position on the press (paragraph (c)(3)(iii) of this section). (vii) Begin the operation of the press and as soon as liquid is observed coming from the cylinder start timing the operation. Apply pressure to the plunger slowly and at a uniform rate, so that a full minute is used to reach a pressure of 384 pounds per square inch of plunger face in contact with the can contents. Hold this pressure for 1 additional minute and then release the pressure and disengage the plunger from the press shaft. Tip the press cylinder so that any free liquid is drained out. (viii) Remove press cylinder with plunger from the press, insert eyebolt in plunger and withdraw it from the cylinder. Loosen the pressed cake from the cylinder with a thin blade and remove the entire pressed cake as gently as possible, to keep the mass in a single cake during this operation. Place the pressed cake and any pieces that adhered to the plunger and cylinder in a tared receiving pan and determine the weight of the pressed material. (ix) For cans larger than 401 × 206, cut out the top of the can and drain off free liquid from the can contents as in operations described in paragraphs (c)(2)(ii) and (iii) of this section. Determine the gross weight of the can and remaining contents. Using a tared core cutter as provided for in paragraph (c)(3)(ii) of this section, cut vertically a core of the drained material in the can. Determine the weight of the core. With a thin spatula transfer the core to the pressing cylinder for 401 × 206 cans. Determine the weight of the pressed cake as in the operations described in paragraphs (c)(2)(v) through (viii) of this section. Remove the remaining drained contents of the can, reserving the contents for the determination of free flakes (paragraph (c)(2)(xi) of this section), weigh the empty can, and calculate the weight of the total drained material. Calculate the weight of pressed cake on the entire can basis by multiplying the weight of the pressed cake of the core by the ratio of the weight of the drained contents of the can to the weight of the core before pressing. (x) Repeat the determination of weight of pressed cake on the remainder of the 24 cans and determine the average weight of pressed cake for the purpose of paragraph (c)(1) of this section. (xi) Determination of free flakes: If the optional form of tuna ingredient is solid pack, determine the percent of free flakes. Any flakes resulting from the operations described in this paragraph (c)(2)(xi) or in other parts of this paragraph are to be weighed as free flakes. Only fragments that were broken in the canning procedure are considered to be free flakes. If the can is of such size that its entire drained contents were pressed as described in paragraphs (c)(2)(i) to (viii) of this section, inclusive, examine the pressed cake carefully for free flakes. Using a spatula, scrape free flakes gently from the outside of the cake. Weigh the aggregate free flakes that were broken from the loin segments in the canning procedure and calculate their percentage of the total weight of pressed cake. If the can is of such size that a core was cut for pressing as described in paragraph (c)(2)(ix) of this section, make the examination for free flakes on a weighed portion of the drained material remaining after the core was removed. The weight of the portion examined should approximately equal the weight of the core before pressing. Calculate the weight of the free flakes that were broken from the loins in the canning procedure as a percentage of the weight of the portion examined. (xii) Determination of particle size: If the optional form of tuna ingredient is chunks, flakes, or grated, the pressed cake resulting from the operations described in paragraphs (c)(2)(i) to (ix) of this section, inclusive, is gently separated by hand, care being taken to avoid breaking the pieces. The separated pieces are evenly distributed over the top sieve of the screen separation equipment described in paragraph (c)(3)(iv) of this section. Beginning with the top sieve, lift and drop each sieve by its open edge three times. Each time, the open edge of the sieve is lifted the full distance permitted by the device. Combine and weigh the material remaining on the three top sieves (1 1/2 -inch, 1-inch, 1/2 -inch screens), and determine the combined percentage retention by weight in relation to the total weight of the pressed cake. (3)(i) The press cylinder and plunger referred to in paragraph (c)(2) of this section are made of stainless steel. The press cylinders are made with a lip to facilitate drainage of the liquid. Plungers have a threaded center hole, about half as deep as the thickness of the plunger, for receiving a ringbolt to assist in removing the plunger from the press cylinder. Dimensions for press cylinders and plungers are as follows: For can size 211 × 109 Press cylinder: Inside depth, approximately 3 3/4 inches. Inside diameter, 2.593 inches. Wall thickness, approximately 3/8 inch. Plunger: Thickness, approximately 1 inch. Diameter, 2.568 inches. For can size 307 × 113 Press cylinder: Inside depth, approximately 4 inches. Inside diameter, 3.344 inches. Wall thickness, approximately 3/8 inch. Plunger: Thickness, approximately 1 1/4 inches. Diameter, 3.319 inches. For can size 401 × 206 Press cylinder: Inside depth, approximately 4 1/8 inches. Inside diameter, 3.969 inches. Wall thickness, approximately 1/2 inch. Plunger: Thickness, approximately 1 1/4 inches. Diameter, 3.944 inches. Press cylinder: Inside depth, approximately 3 3/4 inches. Inside diameter, 2.593 inches. Wall thickness, approximately 3/8 inch. Plunger: Thickness, approximately 1 inch. Diameter, 2.568 inches. Press cylinder: Inside depth, approximately 4 inches. Inside diameter, 3.344 inches. Wall thickness, approximately 3/8 inch. Plunger: Thickness, approximately 1 1/4 inches. Diameter, 3.319 inches. Press cylinder: Inside depth, approximately 4 1/8 inches. Inside diameter, 3.969 inches. Wall thickness, approximately 1/2 inch. Plunger: Thickness, approximately 1 1/4 inches. Diameter, 3.944 inches. For can sizes where the diameter is greater than 401, the core cutter described in paragraph (c)(3)(ii) of this section shall be used and the resulting core pressed in the press cylinder for can size 401 × 206. For can sizes differing from those specified in this paragraph (c)(3)(i), special press cylinders and plungers may be used. Special press less than the outside diameters, at the cylinders have inside diameters 1/10 -inch double seam, for the can sizes for which the cylinders are used; plunger diameters are 0.025-inch less than the inside diameters of the press cylinders. (ii) The core cutter referred to in paragraph (c)(2) (ix) and (xi) of this section and paragraph (c)(3)(i) of this section is made from a previously sealed 300 × 407 can. The cover, including the top seam, is cut out. The edge is smoothed and sharpened. A small hole to permit passage of air is made in the bottom. (iii) The hydraulic press referred to in paragraph (c)(2) (vi) to (x) of this section, inclusive, is made by so mounting a hydraulic jack, in a strong frame, that it will press horizontally against the center of the plunger in the press cylinder used. The frame is so braced that it does not change shape when pressure is applied. The gauge on the hydraulic jack is so calibrated that it will indicate, for the plunger being used, when the plunger is pressing against the contents of the press cylinder with a pressure of 384 pounds per square inch of plunger face. (iv) The sieving device referred to in paragraph (c)(2)(xii) of this section consists of three sieves, each approximately 1 foot square, loosely mounted, one above the other, in a metal frame. The mesh in the top sieve complies with the specifications for 1 1/2 -inch woven-wire cloth as prescribed in paragraph (a)(7) of this section. The meshes in the sieves below comply with similar specifications for 1-inch and 1/2 -inch woven-wire cloth as set forth in the same publication. The sides of each sieve are formed, in a raised rim, from 3/4 -inch × 1/8 -inch metal strap. The frame has tracks made of 3/8 -inch angle metal to support each sieve under each side. The tracks are so positioned as to permit each sieve a free vertical travel of 1 3/4 inches. (4) If canned tuna falls below the applicable standard of fill of container prescribed in paragraph (c)(1) of this section, the label shall bear the general statement of substandard fill provided in § 130.14(b) of this chapter, in the manner and form therein specified." 33:33:2.0.1.6.28.1.197.1,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.1 Purpose and Intent.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]","(a) The purpose of this part is to promulgate regulations implementing and enforcing certain sections of the 46 U.S.C. Chapter 700 “Ports and Waterways Safety setting up a national system of Vessel Traffic Services that will enhance navigation, vessel safety, and marine environmental protection, and promote safe vessel movement by reducing the potential for collisions, rammings, and groundings, and the loss of lives and property associated with these incidents within VTS areas established hereunder. (b) Vessel Traffic Services provide the mariner with information related to the safe navigation of a waterway. This information, coupled with the mariner's compliance with the provisions set forth in this part, enhances the safe routing of vessels through congested waterways or waterways of particular hazard. Under certain circumstances, a VTS may issue directions to control the movement of vessels in order to minimize the risk of collision between vessels, or damage to property or the environment. (c) The owner, operator, charterer, master, or person directing the movement of a vessel remains at all times responsible for the manner in which the vessel is operated and maneuvered, and is responsible for the safe navigation of the vessel under all circumstances. Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of safe navigation. (d) Nothing in this part is intended to relieve any vessel, owner, operator, charterer, master, or person directing the movement of a vessel from the consequences of any neglect to comply with this part or any other applicable law or regulation (e.g., the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules) or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case." 33:33:2.0.1.6.28.1.197.2,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.2 Definitions.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR 39364, July 1, 2003; USCG-1998-4399, 75 FR 66314, Oct. 28, 2010; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; 80 FR 17327, Apr. 1, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019]","For the purposes of this part: Center means a Vessel Traffic Center or Vessel Movement Center. Cooperative Vessel Traffic Services (CVTS) means the system of vessel traffic management established and jointly operated by the United States and Canada within adjoining waters. In addition, CVTS facilitates traffic movement and anchorages, avoids jurisdictional disputes, and renders assistance in emergencies in adjoining United States and Canadian waters. Hazardous Vessel Operating Condition means any condition related to a vessel's ability to safely navigate or maneuver, and includes, but is not limited to: (1) The absence or malfunction of vessel operating equipment, such as propulsion machinery, steering gear, radar system, gyrocompass, depth sounding device, automatic radar plotting aid (ARPA), radiotelephone, Automatic Identification System equipment, navigational lighting, sound signaling devices or similar equipment. (2) Any condition on board the vessel likely to impair navigation, such as lack of current nautical charts and publications, personnel shortage, or similar condition. (3) Vessel characteristics that affect or restrict maneuverability, such as cargo or tow arrangement, trim, loaded condition, underkeel or overhead clearance, speed capabilities, power availability, or similar characteristics, which may affect the positive control or safe handling of the vessel or the tow. Navigable waters means all navigable waters of the United States including the territorial sea of the United States, extending to 12 nautical miles from United States baselines, as described in Presidential Proclamation No. 5928 of December 27, 1988. Precautionary Area means a routing measure comprising an area within defined limits where vessels must navigate with particular caution and within which the direction of traffic may be recommended. Towing Vessel means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. Published means available in a widely-distributed and publicly available medium (e.g., VTS User's Manual, ferry schedule, Notice to Mariners). Vessel Movement Center (VMC) means the shore-based facility that operates the vessel tracking system for a Vessel Movement Reporting System (VMRS) area or zone within such an area. The VMC does not necessarily have the capability or qualified personnel to interact with marine traffic, nor does it necessarily respond to traffic situations developing in the area, as does a Vessel Traffic Service (VTS). Vessel Movement Reporting System (VMRS) means a mandatory reporting system used to monitor and track vessel movements. This is accomplished by a vessel providing information under established procedures as set forth in this part in the areas defined in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). Vessel Movement Reporting System (VMRS) User means a vessel, or an owner, operator, charterer, Master, or person directing the movement of a vessel that is required to participate in a VMRS. Vessel Traffic Center (VTC) means the shore-based facility that operates the vessel traffic service for the Vessel Traffic Service area or zone within such an area. Vessel Traffic Services (VTS) means a service implemented by the United States Coast Guard designed to improve the safety and efficiency of vessel traffic and to protect the environment. The VTS has the capability to interact with marine traffic and respond to traffic situations developing in the VTS area. Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of service. This area of service may be subdivided into zones for the purpose of allocating responsibility to individual Vessel Traffic Centers or to identify different operating requirements. Although regulatory jurisdiction is limited to the navigable waters of the United States, certain vessels will be encouraged or may be required, as a condition of port entry, to report beyond this area to facilitate traffic management within the VTS area. VTS Special Area means a waterway within a VTS area in which special operating requirements apply. VTS User means a vessel or an owner, operator, charterer, Master, or person directing the movement of a vessel within a VTS Area that is: (1) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; (2) Required to participate in a VMRS; or (3) Equipped with a required Coast Guard type-approved Automatic Identification System (AIS). VTS User's Manual means the manual established and distributed by the VTS to provide the mariner with a description of the services offered and rules in force for that VTS. Additionally, the manual may include chartlets showing the area and zone boundaries, general navigational information about the area, and procedures, radio frequencies, reporting provisions and other information which may assist the mariner while in the VTS area." 33:33:2.0.1.6.28.1.197.3,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.3 Applicability.,USCG,,,,"The provisions of this subpart shall apply to each VTS User and may also apply to any vessel while underway or at anchor on the navigable waters of the United States within a VTS area, to the extent the VTS considers necessary." 33:33:2.0.1.6.28.1.197.4,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.4 Requirement to carry the rules.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2018-0874, 84 FR 30880, June 28, 2019]","Each VTS User shall carry on board and maintain for ready reference a copy of these rules. These rules are contained in the applicable U.S. Coast Pilot, the VTS User's Manual which may be obtained by contacting the appropriate VTS or downloaded from the Coast Guard Navigation Center website ( https://www.navcen.uscg.gov )." 33:33:2.0.1.6.28.1.197.5,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.5 Deviations from the rules.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531, 70 FR 36350, June 23, 2005; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; USCG-2018-0874, 84 FR 30880, June 28, 2019]","(a) Requests to deviate from any provision in this part, either for an extended period of time or if anticipated before the start of a transit, must be submitted in writing to the appropriate District Commander. Upon receipt of the written request, the District Commander may authorize a deviation if it is determined that such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances. An application for an authorized deviation must state the need and fully describe the proposed alternative to the required measure. (b) Requests to deviate from any provision in this part due to circumstances that develop during a transit or immediately preceding a transit may be made to the appropriate VTC. Requests to deviate must be made as far in advance as practicable. Upon receipt of the request, the VTC may authorize a deviation if it is determined that, based on vessel handling characteristics, traffic density, radar contacts, environmental conditions and other relevant information, such a deviation provides a level of safety equivalent to that provided by the required measure or is a maneuver considered necessary for safe navigation under the circumstances." 33:33:2.0.1.6.28.1.197.6,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.6 Preemption.,USCG,,,"[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended by USCG-2020-0304, 85 FR 58280, Sept. 18, 2020]","The regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v. Locke, 529 U.S. 89 (2000), that by enacting 46 U.S.C. Chapter 700 'Ports and Waterways Safety', Congress intended that Coast Guard regulations preempt State laws or regulations regarding vessel traffic services in United States ports and waterways." 33:33:2.0.1.6.28.1.198.10,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.13 VTS Special Area operating requirements.,USCG,,,,"The following operating requirements apply within a VTS Special Area: (a) A VTS User shall, if towing astern, do so with as short a hawser as safety and good seamanship permits. (b) A VMRS User shall: (1) Not enter or get underway in the area without prior approval of the VTS; (2) Not enter a VTS Special Area if a hazardous vessel operating condition or circumstance exists; (3) Not meet, cross, or overtake any other VMRS User in the area without prior approval of the VTS; and (4) Before meeting, crossing, or overtaking any other VMRS User in the area, communicate on the designated vessel bridge-to-bridge radiotelephone frequency, intended navigation movements, and any other information necessary in order to make safe passing arrangements. This requirement does not relieve a vessel of any duty prescribed by the International Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland Navigation Rules." 33:33:2.0.1.6.28.1.198.7,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.10 Services.,USCG,,,,"To enhance navigation and vessel safety, and to protect the marine environment, a VTS may issue advisories, or respond to vessel requests for information, on reported conditions within the VTS area, such as: (a) Hazardous conditions or circumstances; (b) Vessel congestion; (c) Traffic density; (d) Environmental conditions; (e) Aids to navigation status; (f) Anticipated vessel encounters; (g) Another vessel's name, type, position, hazardous vessel operating conditions, if applicable, and intended navigation movements, as reported; (h) Temporary measures in effect; (i) A description of local harbor operations and conditions, such as ferry routes, dredging, and so forth; (j) Anchorage availability; or (k) Other information or special circumstances." 33:33:2.0.1.6.28.1.198.8,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.11 VTS measures.,USCG,,,,"(a) A VTS may issue measures or directions to enhance navigation and vessel safety and to protect the marine environment, such as, but not limited to: (1) Designating temporary reporting points and procedures; (2) Imposing vessel operating requirements; or (3) Establishing vessel traffic routing schemes. (b) During conditions of vessel congestion, restricted visibility, adverse weather, or other hazardous circumstances, a VTS may control, supervise, or otherwise manage traffic, by specifying times of entry, movement, or departure to, from, or within a VTS area." 33:33:2.0.1.6.28.1.198.9,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,A,Subpart A—Vessel Traffic Services,,§ 161.12 Vessel operating requirements.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994]","(a) Subject to the exigencies of safe navigation, a VTS User shall comply with all measures established or directions issued by a VTS. (b) If, in a specific circumstance, a VTS User is unable to safely comply with a measure or direction issued by the VTS, the VTS User may deviate only to the extent necessary to avoid endangering persons, property or the environment. The deviation shall be reported to the VTS as soon as is practicable. (c) When not exchanging voice communications, a VTS User must maintain a listening watch as required by § 26.04(e) of this chapter on the VTS frequency designated in Table 1 to § 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VTS User must respond promptly when hailed and communicate in the English language. As stated in 47 CFR 80.148(b), a very high frequency watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. Table 1 to § 161.12( c )—VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas Notes: 1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in § 161.21. The requirements set forth in §§ 161.21 and 164.46 of this subchapter apply in those areas denoted with an MMSI number, except for Louisville and Los Angeles/Long Beach. 2 In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Channel 67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13) is used in certain monitoring areas where the level of reporting does not warrant a designated frequency. 3 All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 4 Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148. 5 In addition to the vessels denoted in § 161.16, requirements set forth in subpart B of this part also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter. 6 Until otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS frequency to request advisories, but are not required to monitor the VTS frequency in this zone. 7 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction. Note: the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies. (d) As soon as is practicable, a VTS User shall notify the VTS of any of the following: (1) A marine casualty as defined in 46 CFR 4.05-1; (2) Involvement in the ramming of a fixed or floating object; (3) A pollution incident as defined in § 151.15 of this chapter; (4) A defect or discrepancy in an aid to navigation; (5) A hazardous condition as defined in § 160.202 of this chapter; (6) Improper operation of vessel equipment required by part 164 of this chapter; (7) A situation involving hazardous materials for which a report is required by 49 CFR 176.48; and (8) A hazardous vessel operating condition as defined in § 161.2." 33:33:2.0.1.6.28.2.199.1,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.15 Purpose and intent.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003; USCG-2011-0257, 76 FR 31838, June 2, 2011]","(a) A Vessel Movement Reporting System (VMRS) is a system used to monitor and track vessel movements within a VTS or VMRS area. This is accomplished by requiring that vessels provide information under established procedures as set forth in this part, or as directed by the Center. (b) To avoid imposing an undue reporting burden or unduly congesting radiotelephone frequencies, reports shall be limited to information which is essential to achieve the objectives of the VMRS. These reports are consolidated into three reports (sailing plan, position, and final)." 33:33:2.0.1.6.28.2.199.2,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.16 Applicability.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003]","Unless otherwise stated, the provisions of this subpart apply to the following vessels and VMRS Users: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating; (b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating; or (c) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade." 33:33:2.0.1.6.28.2.199.3,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.17 [Reserved],USCG,,,, 33:33:2.0.1.6.28.2.199.4,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.18 Reporting requirements.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003; USCG-2015-0433, 80 FR 44282, July 27, 2015]","(a) A Center may: (1) Direct a vessel to provide any of the information set forth in Table 161.18(a) (IMO Standard Ship Reporting System); Table 161.18( a )—The IMO Standard Ship Reporting System (2) Establish other means of reporting for those vessels unable to report on the designated frequency; or (3) Require reports from a vessel in sufficient time to allow advance vessel traffic planning. (b) All reports required by this part shall be made as soon as is practicable on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). (c) When not exchanging communications, a VMRS User must maintain a listening watch as described in § 26.04(e) of this chapter on the frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition, the VMRS User must respond promptly when hailed and communicate in the English language. As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. (d) A vessel must report: (1) Any significant deviation from its Sailing Plan, as defined in § 161.19, or from previously reported information; or (2) Any intention to deviate from a VTS issued measure or vessel traffic routing system. (e) When reports required by this part include time information, such information shall be given using the local time zone in effect and the 24-hour military clock system." 33:33:2.0.1.6.28.2.199.5,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.19 Sailing Plan (SP).,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2011-1024, 78 FR 51671, Aug. 21, 2013; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015]","Unless otherwise stated, at least 15 minutes before navigating a VTS area, a vessel must report the: (a) Vessel name and type; (b) Position; (c) Destination and ETA; (d) Intended route; (e) Time and point of entry; and (f) Dangerous cargo on board or in its tow, as defined in § 160.202 of this chapter." 33:33:2.0.1.6.28.2.199.6,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.20 Position Report (PR).,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757, 68 FR 39366, July 1, 2003]","A vessel must report its name and position: (a) Upon point of entry into a VMRS area; (b) At designated reporting points as set forth in subpart C; or (c) When directed by the Center." 33:33:2.0.1.6.28.2.199.7,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.21 Automated reporting.,USCG,,,"[USCG-2003-14757, 68 FR 39366, July 1, 2003]","(a) Unless otherwise directed, vessels equipped with an Automatic Identification System (AIS) are required to make continuous, all stations, AIS broadcasts, in lieu of voice Position Reports, to those Centers denoted in Table 161.12(c) of this part. (b) Should an AIS become non-operational, while or prior to navigating a VMRS area, it should be restored to operating condition as soon as possible, and, until restored a vessel must: (1) Notify the Center; (2) Make voice radio Position Reports at designated reporting points as required by § 161.20(b) of this part; and (3) Make any other reports as directed by the Center." 33:33:2.0.1.6.28.2.199.8,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.22 Final Report (FR).,USCG,,,,"A vessel must report its name and position: (a) On arrival at its destination; or (b) When leaving a VTS area." 33:33:2.0.1.6.28.2.199.9,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,B,Subpart B—Vessel Movement Reporting System,,§ 161.23 Reporting exemptions.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003]","(a) Unless otherwise directed, the following vessels are exempted from providing Position and Final Reports due to the nature of their operation: (1) Vessels on a published schedule and route; (2) Vessels operating within an area of a radius of three nautical miles or less; or (3) Vessels escorting another vessel or assisting another vessel in maneuvering procedures. (b) A vessel described in paragraph (a) of this section must: (1) Provide a Sailing Plan at least 5 minutes but not more than 15 minutes before navigating within the VMRS area; and (2) If it departs from its promulgated schedule by more than 15 minutes or changes its limited operating area, make the established VMRS reports, or report as directed." 33:33:2.0.1.6.28.3.199.1,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.25 Vessel Traffic Service New York Area.,USCG,,,"[CGD 92-052, 61 FR 45327, Aug. 29, 1996]","The area consists of the navigable waters of the Lower New York Harbor bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at latitude 40°25′ N.; then west into waters of the Raritan Bay to the Raritan River Rail Road Bridge; and then north including the waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.9′ N.; and then east including the waters of the Kill Van Kull and Upper New York Bay north to a line drawn east-west from the Holland Tunnel Ventilator Shaft at latitude 40°43.7′ N., longitude 74°01.6′ W. in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River. Although mandatory participation in VTSNY is limited to the area within the navigable waters of the United States, VTSNY will provide services beyond those waters. Prospective users are encouraged to report beyond the area of required participation in order to facilitate advance vessel traffic management in the VTS area and to receive VTSNY advisories and/or assistance." 33:33:2.0.1.6.28.3.199.10,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.70 Vessel Traffic Service Port Arthur.,USCG,,,"[78 FR 51671, Aug. 21, 2013, as amended by USCG-2018-0874, 84 FR 30881, June 28, 2019]","(a) The VTS area consists of the navigable waters of the United States to the limits of the territorial seas bound by the following points: 30°10.00′ N., 92°37.00′ W.; then south to 29°10.00′ N., 92°37.00′ W.; then west to 29°10.00′ N., 93°52.25′ W.; then northwest to 29°33.70′ N., 94°21.25′ W.; then north to 30°10.00′ N., 94°21.25′ W.; then east along the 30°10′ N. latitude to the origination point. Although mandatory participation in VTS Port Arthur is limited to the area within the navigable waters of the United States, prospective users are encouraged to report at the safe water marks in order to facilitate vessel traffic management in the VTS Area and to receive advisories or navigational assistance. (b) Precautionary areas. Table 161.70( b )—VTS Port Arthur Precautionary Areas 1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway. (c) Reporting points (Inbound). Table 161.70( c )—Inbound (d) Reporting points (Outbound). Table 161.70( d )—Outbound (e) Reporting points (Eastbound). Table 161.70( e )—Eastbound (ICW) (f) Reporting points (Westbound). Table 161.70( f )—Westbound (ICW) (g) Reporting points (Offshore Safety Fairway). Table 161.70( g )—Offshore Safety Fairway" 33:33:2.0.1.6.28.3.199.2,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.30 Vessel Traffic Service Louisville.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]","The VTS area consists of the navigable waters of the Ohio River between McAlpine Locks (Mile 606.8) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at 13.0 feet or above." 33:33:2.0.1.6.28.3.199.3,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.35 Vessel Traffic Service Houston/Galveston.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28331, May 31, 1995; USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG-2007-27887, 72 FR 45904, Aug. 16, 2007]","(a) The VTS area consists of the following major waterways and portions of connecting waterways: Galveston Bay Entrance Channel; Outer Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile 352; Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport Channel; Bayport Turning Basin; Houston Turning Basin; and the following precautionary areas associated with these waterways. (b) Precautionary areas. Table 161.35( b )—VTS Houston/Galveston Precautionary Areas Note: Each Precautionary Area encompasses a circular area of the radius denoted. (c) Reporting points. Table 161.35( c )—VTS Houston/Galveston Reporting Points" 33:33:2.0.1.6.28.3.199.4,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.40 Vessel Traffic Service Berwick Bay.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2009-0416, 74 FR 27441, June 10, 2009]","(a) The VTS area consists of the navigable waters of the following segments of waterways: the Intracoastal Waterway (ICW) Morgan City to Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL; the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute mile along Bayou Shaffer; and from Berwick Lock northwest one statute mile along the Lower Atchafalaya River. (b) VTS Special Area. The Berwick Bay VTS Special Area consists of those waters within a 1000 yard radius of the Burlington Northern/Santa Fe Railroad Bridge located at Mile .03 MC/PA. (c) Reporting Points. Table 161.40( c )—VTS Berwick Bay Reporting Points" 33:33:2.0.1.6.28.3.199.5,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.45 Vessel Traffic Service St. Marys River.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2016-0498, 82 FR 35088, July 28, 2017]","(a) The VTS area consists of the navigable waters of the St. Marys River and lower Whitefish Bay from 45°57′ N. (De Tour Reef Light) to the south, to 46°38.7′ N. (Ile Parisienne Light) to the north, except the waters of the St. Marys Falls Canal, and to the east along a line from La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay. (b) Reporting Points. Table 1 to § 161.45( b )—VTS St. Marys River Reporting Points" 33:33:2.0.1.6.28.3.199.6,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.50 Vessel Traffic Service San Francisco.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-2016-0498, 82 FR 35088, July 28, 2017]","The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge and the Petaluma River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel Light 20 and north of the Dumbarton Bridge; its seaward approaches within a 38 nautical mile radius of Mount Tamalpais (37°55.8′ N., 122°34.6′ W.); and its navigable tributaries as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River." 33:33:2.0.1.6.28.3.199.7,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel Traffic Service for the Juan de Fuca Region.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2011-1024, 78 FR 51671, Aug. 21, 2013; USCG-2014-0410, 79 FR 38442, July 7, 2014; USCG-2016-0498, 82 FR 35088, July 28, 2017; USCG-2018-0874, 84 FR 30880, June 28, 2019]","The Vessel Traffic Service Puget Sound area consists of the U.S. navigable waters of the Salish Sea from a line drawn from the Washington State coastline at 48°23.133′ N., 124°43.616′ W. on Cape Flattery to the Cape Flattery Light at 48°23.5′ N., 124°44.2′ W. on Tatoosh Island, due west to the U.S. Territorial Sea Boundary; thence northward along the U.S. Territorial Sea Boundary to its intersection with the U.S./Canada International Boundary; thence east along the U.S./Canada International Boundary to 49°00.1′ N., 122°45.3′ W. (International Boundary Range C Rear Light). (a) Vessel Traffic Service Puget Sound participates in a U.S./Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca Region consists of all navigable waters of the Salish Sea, bounded on the northwest by 48°35.749′ N.; and on the southwest by 48°23.5′ N.; and on the west by the rhumb line joining 48°35.749′ N., 124°47.5′ W. with 48°23.5′ N., 124°48.616′ W.; and on the northeast by a line drawn along 49° N. from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point on the Quimper Peninsula to Point Partridge on Whidbey Island. Canadian and United States Vessel Traffic Centers (Prince Rupert, B.C., Canada; Vancouver, B.C., Canada; and Seattle, WA) manage traffic within the CVTS area irrespective of the International Boundary. (b) VTS Special Area: The Eastern San Juan Island Archipelago VTS Special Area consists of all waters of the eastern San Juan Island Archipelago including: Rosario Strait bounded to the south by latitude 48°26.40′ N. (the center of the Precautionary Area “RB”) extending from Lopez Island to Fidalgo Island, and to the north by latitude 48°40.57′ N. (the center of the Precautionary Area “C”) extending from Orcas Island to Lummi Island; Guemes Channel; Bellingham Channel; Padilla Bay and southern Bellingham Bay (Samish Bay) south of latitude 48°38.42′N. The center of precautionary area “RB” is not marked by a buoy. All precautionary areas are depicted on National Oceanic and Atmospheric Administration (NOAA) nautical charts. (c) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Eastern San Juan Island Archipelago VTS Special Area: (1) A vessel engaged in towing shall not impede the passage of a vessel of 40,000 dead weight tons or more. (2) A vessel of less than 40,000 dead weight tons is exempt from the provision set forth in § 161.13(b)(1) of this part. (3) A vessel of less than 100 meters in length is exempt from the provisions set forth in § 161.13(b)(3) of this part. (4) Approval will not be granted for: (i) A vessel of 100 meters or more in length to meet or overtake a vessel of 40,000 dead weight tons or more; (ii) A vessel of 40,000 dead weight tons or more to meet or overtake a vessel of 100 meters or more in length; (iii) A vessel of 100 meters or more in length to cross or operate within 2,000 yards (except when crossing astern) of a vessel of 40,000 deadweight tons or more; or (iv) A vessel of 40,000 dead weight tons or more to cross or operate within 2,000 yards (except when crossing astern) of a vessel of 100 meters or more in length. (d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca upon crossing 124-W." 33:33:2.0.1.6.28.3.199.8,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.60 Vessel Traffic Service Prince William Sound.,USCG,,,"[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2001-10254, 67 FR 53742, Aug. 19, 2002; USCG-2015-0433, 80 FR 44282, July 27, 2015; USCG-2023-0759, 89 FR 22948, Apr. 3, 2024]","(a) The VTS area consists of the navigable waters of the United States north of a line drawn from Cape Hinchinbrook Light to Schooner Rock Light, comprising that portion of Prince William Sound between 146°30′ W. and 147°20′ W. and includes Valdez Arm, Valdez Narrows and Port Valdez. (b) The Valdez Arm VTS Special Area consists of the waters of the Valdez Arm Traffic Separation Scheme (described in § 167.1703 of this chapter); the waters northeast of a line drawn from shoreline to shoreline through the points 60°58.04′ N, 146°46.52′ W and 60°58.93′ N, 146°48.86′ W; and southwest of a line bearing 307° True from Tongue Point at 61°02.10′ N, 146°40.00′ W. (c) The Valdez Narrows VTS Special Area consists of those waters of Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing 307° True from Tongue Point at 61°02′06″ N., 146°40′ W.; and southwest of a line bearing 307° True from Entrance Island Light at 61°05′06″ N., 146°36′42″ W. (d) Additional VTS Special Area Operating Requirements. The following additional requirements are applicable in the Valdez Narrows VTS Special Area: (1) No VMRS User shall proceed north of 61° N. without prior approval of the VTS. (2) For a vessel listed in paragraph (d)(3) of this section— (i) Approval to enter this area will not be granted to a vessel when a tank vessel of more than 20,000 deadweight tons is navigating therein; (ii) A northbound vessel shall remain south of 61° N. until the VTS has granted permission to proceed; and (iii) A southbound vessel shall remain in Port Valdez east of 146°35′ W. and north of 61°06′ N. until the VTS has granted permission to proceed. (3) Paragraph (d)(2) of this section applies to— (i) A vessel of 1600 gross tons or more; and (ii) A towing vessel of 8 meters or more in length, except for a vessel performing duties as an escort vessel as defined in 33 CFR part 168. (e) Reporting Points. Table 161.60( d )—VTS Prince William Sound Reporting Points" 33:33:2.0.1.6.28.3.199.9,33,Navigation and Navigable Waters,I,P,161,PART 161—VESSEL TRAFFIC MANAGEMENT,C,Subpart C—Vessel Traffic Service and Vessel Movement Reporting System Areas and Reporting Points,,§ 161.65 Vessel Traffic Service Lower Mississippi River.,USCG,,,"[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended at 76 FR 31230, May 31, 2011]","(a) The Vessel Traffic Service (VTS) area consists of navigable waters of the Lower Mississippi River (LMR) below 30°38.7′ N 91°17.5′ W (Port Hudson Light at 254.5 miles Above Head of Passes (AHP)), the Southwest Pass, and those within a 12-nautical mile radius around 28°54.3′ N 89°25.7′ W (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes). (b) The Algiers Point VTS Special Area consists of the navigable waters of the LMR bounded on the north by a line drawn from 29°57.62′ N 90°02.61′ W to 29°57.34′ N 90°02.60′ W and on the south by a line drawn from 29°56.89′ N 90°03.72′ W to 29°56.93′ N 90°03.34′ W (95.0 and 93.5 miles AHP) during periods of high water—that is, when the Carrolton Gage reads 8.0 feet or above on a rising stage or 9.0 feet or above on a falling stage, or under any other water conditions the Captain of the Port (COTP) deems necessary. (c) Additional Algiers Point VTS Special Area Operating Requirements. The following additional requirements are applicable in the Algiers Point VTS Special Area: (1) A vessel movement reporting system (VMRS) user must abide by the signals of the Governor Nicholls Street Wharf, 29°57.6′ N 90°03.4′ W, and Gretna, 29°55.5′ N 90°03.7′ W, Control Lights (94.3 and 96.6 miles AHP, respectively) in the following manner: (i) Green Light —May proceed as intended. (ii) Red Light —Do not proceed, unless otherwise directed by the VTS. (iii) No Light —Do not proceed, immediately notify VTS and await further directions. To provide advance notification to downbound vessels, a traffic repeater signal of Gretna Light is located at Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 miles AHP). (2) A vessel awaiting a signal change or VTS directions must keep clear of other vessels transiting the area. (d) The Eighty-one Mile Point VTS Special Area consists of navigable waters of the LMR between 167.5 miles AHP and 187.9 miles AHP. (e) Additional Eighty-one Mile Point VTS Special Area Operating Requirements. The following additional requirements are applicable in the Eighty-one Mile Point VTS Special Area: (1) Prior to proceeding upriver past 167.5 miles AHP, Sunshine Bridge, vessels must contact VTS New Orleans on VHF Channel 5A to check-in. Vessels must provide name and destination, confirm proper operation of their automated identification system (AIS) if required under 33 CFR 164.46, and, if applicable, size of tow and number of loaded and empty barges. At 173.7 miles AHP, Bringier Point Light, ascending vessels must contact VTS New Orleans and provide a follow-on position check. At both check-in and follow-on position check, VTS New Orleans will advise the vessel on traffic approaching Eighty-one Mile Point. (2) Prior to proceeding downriver past 187.9 miles AHP COS-MAR Lights, vessels must contact VTS New Orleans on VHF Channel 5A to check-in. Vessels must provide name and destination, confirm proper operation of their AIS if required under 33 CFR 164.46, and, if applicable, size of tow and number of loaded and empty barges. At 183.9 miles AHP, Wyandotte Chemical Dock Lights, descending vessels must contact VTS New Orleans and provide a follow-on position check. At both check-in and follow-on position check, VTS New Orleans will advise the vessel on traffic approaching Eighty-one Mile Point. (3) All vessels getting underway between miles 167.5 and 187.9 AHP must check-in with VTS New Orleans on VHF Channel 5A immediately prior to getting underway and must comply with the respective ascending and descending check-in and follow-on points listed in paragraphs (e)(1) and (2) of this section. (4) Fleet vessels must checkin with VTS New Orleans if they leave their respective fleet or if they move into the main channel. Fleet vessels are not required to checkin if they are operating exclusively within their fleet. (f) Reporting Points. Table 161.65(f) lists the VTS Lower Mississippi River Reporting Points. Table 161.65( f )—VTS Lower Mississippi River Reporting Points" 46:46:6.0.1.1.4.2.1.1,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-1 Incorporation by reference.,USCG,,,"[USCG-2012-0196, 81 FR 48274, July 22, 2016]","(a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Lifesaving and Fire Safety Division (CG-ENG-4), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) FM Global, 1151 Boston-Providence Turnpike, P.O. Box 9102, Norwood, MA 02062, 781-762-4300, http://www.fmglobal.com. (1) ANSI/FM Approvals 3260, American National Standard for Radiant Energy-Sensing Fire Detectors for Automatic Fire Alarm Signaling, February 2004 (“ANSI/FM 3260”), IBR approved for § 161.002-6(b). (2) [Reserved] (c) International Electrotechnical Commission (IEC), 3, rue de Varembe, P.O. Box 131, CH-1211 Geneva 20—Switzerland, +41 22 919 02 11, http://www.iec.ch. (1) IEC 60092-504:2001(E), Electrical Installations in Ships—Part 504: Special Features—Control and Instrumentation, Third edition, March 2001, IBR approved for § 161.002-6(c) and (d), and § 161.002-15(d). (2) [Reserved] (d) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, http://www.imo.org. (1) FSS Code, International Code for Fire Safety Systems, Second Edition, 2007 Edition (Resolution MSC.98(73)), IBR approved for § 161.002-15(b). (2) [Reserved] (e) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169, 617-770-3000, http://www.nfpa.org. (1) NFPA 72, National Fire Alarm and Signaling Code, 2010 Edition, effective August 26, 2009 (“NFPA 72”), IBR approved for § 161.002-10(b). (2) [Reserved] (f) UL (formerly Underwriters Laboratories), 12 Laboratory Drive, P.O. Box 13995, Research Triangle Park, NC 27709, 919-549-1400, http://www.ul.com. (1) UL 38, Standard for Safety for Manual Signaling Boxes for Fire Alarm Systems, Eighth Edition, dated July 3, 2008, as amended through December 11, 2008, IBR approved for § 161.002-6(b). (2) UL 268, Standard for Safety for Smoke Detectors for Fire Alarm Systems, Sixth Edition, dated August 14, 2009, IBR approved for § 161.002-6(b). (3) UL 464, Standard for Safety for Audible Signal Appliances, Ninth Edition, dated April 14, 2009, as amended through April 16, 2012, IBR approved for § 161.002-6(b). (4) UL 521, Standard for Safety for Heat Detectors for Fire Protective Signaling Systems, Seventh Edition, dated February 19, 1999, as amended through October 3, 2002, IBR approved for § 161.002-6(b). (5) UL 864, Standard for Safety for Control Units and Accessories for Fire Alarm Systems, Ninth Edition, dated September 30, 2003, as amended through January 12, 2011, IBR approved for §§ 161.002-6(b) and 161.002-15(d). (6) UL 1480, Standard for Safety for Speakers for Fire Alarm, Emergency, and Commercial and Professional Use, Fifth Edition, dated January 31, 2003, as amended through June 23, 2010, IBR approved for § 161.002-6(b). (7) UL 1971, Standard for Safety for Signaling Devices for the Hearing Impaired, Third Edition, approved November 29, 2002, as amended through October 15, 2008, IBR approved for § 161.002-6(b)." 46:46:6.0.1.1.4.2.1.10,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-17 Equivalents.,USCG,,,"[CGD 94-108, 61 FR 28292, June 4, 1996]","The Commandant may approve any arrangement, fitting, appliance, apparatus, equipment, calculation, information, or test that provides a level of safety equivalent to that established by specific provisions of this subpart. Requests for approval must be submitted to Commandant (CG-ENG). If necessary, the Commandant may require engineering evaluations and tests to demonstrate the equivalence of the substitute." 46:46:6.0.1.1.4.2.1.11,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-18 System method of applications for equipment approval.,USCG,,,"[CGD 94-108, 61 FR 28292, June 4, 1996, as amended by USCG-1999-6216, 64 FR 53228, Oct. 1, 1999; USCG-2013-0671, 78 FR 60160, Sept. 30, 2013; USCG-2012-0196, 81 FR 48276, July 22, 2016; USCG-2020-0519, 89 FR 76703, Sept. 18, 2024]","(a) The manufacturer must submit the following material to the Commandant (CG-ENG), according to § 159.001-5 of this subchapter: (1) A formal written request that the system be reviewed for approval. (2) The system's instruction manual, including information concerning installation, maintenance, limitations, programming, operation, and troubleshooting. (3) Proof of listing the system devices meeting the requirements of § 161.002-6(a). (4) The complete test report(s) meeting the requirements of § 161.002-6 generated by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard-accepted laboratories may be obtained from the following website: https://cgmix.uscg.mil/eqlabs/. (5) A list prepared by the manufacturer that contains the name, model number, and function of each major component and accessory, such as the main control cabinet, remote annunciator cabinet, detector, zone card, isolator, central processing unit, zener barrier, special purpose module, or power supply. This list must be identified by the following information assigned by the manufacturer: (i) A document number; (ii) A revision number (the original submission being revision number 0); and (iii) The date that the manufacturer created or revised the list. (b) The Coast Guard distributes a copy of the approved instruction manual to the manufacturer and to the Coast Guard Marine Safety Center (MSC). (c) The manufacturer must maintain an account of the equipment offered for approval. The list identification information in paragraphs (a)(5)(i) through (a)(5)(iii) of this section appears on the Certificate of Approval and indicates the official compilation of components for the approved system. If the manufacturer seeks to apply subsequently for the approval of a revision (because of, for example, additional accessories becoming available, replacements to obsolete components, or a change in materials or standards of safety), changes to the approved list must be submitted for review and approval. (d) To apply for a revision, the manufacturer must submit— (1) A written request under paragraph (a) of this section; (2) An updated list under paragraph (a)(5) of this section; and (3) A report by an independent laboratory accepted by the Commandant under part 159 of this chapter, or an NRTL as set forth in 29 CFR 1910.7 to document compliance with § 161.002-6. (e) If the Coast Guard approves the system or a revision to a system, it issues a certificate, normally valid for a 5-year term, containing the information in paragraphs (a)(5)(i) through (a)(5)(iii) of this section." 46:46:6.0.1.1.4.2.1.12,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-19 Device method of application for equipment approval.,USCG,,,"[USCG-2012-0196, 81 FR 48276, July 22, 2016, as amended by USCG-2020-0519, 89 FR 76703, Sept. 18, 2024]","(a) The manufacturer must submit the following material to the Commandant (CG-ENG) according to § 159.001-5 of this subchapter: (1) A formal written request that the device be reviewed for approval; (2) The device's instruction manual, including information concerning installation, maintenance, limitations, programming, operation, and troubleshooting; (3) Proof of listing the device meeting the requirements of § 161.002-6(a); and (4) The complete test report(s) meeting the requirements of § 161.002-6 generated by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7. A current list of Coast Guard accepted laboratories may be obtained from the following website: https://cgmix.uscg.mil/eqlabs/. (b) To apply for a revision, the manufacturer must submit— (1) A written request under paragraph (a) of this section; (2) Updated documentation under paragraph (a)(2) of this section; (3) Proof of listing the device meeting the requirements of § 161.002-6(a); and (4) A report by an independent laboratory accepted by the Commandant under part 159 of this subchapter or an NRTL as set forth in 29 CFR 1910.7 is required to document compliance with § 161.002-6. (c) If the Coast Guard approves the device or a revision to a device, it issues a Certificate of Approval, normally valid for a 5-year term." 46:46:6.0.1.1.4.2.1.2,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-2 Definitions.,USCG,,,"[USCG-2012-0196, 81 FR 48274, July 22, 2016]","In this subpart, the term— Device means individual components ( e.g. detectors, control panels, alarms, etc.) that are used to comprise a fire detection system. Devices may receive Coast Guard approval in accordance with § 161.002-19. Fire detection or fire detection and alarm systems system means a complete detection system that is designed to give warning of the presence of fire or smoke in the protected spaces. A complete system includes normal and emergency power supplies, control units, remote annunciator panels, fire detectors and/or smoke detectors, manual pull stations, and audible and visual alarms, which are distinct from the alarms of any other system not indicating fire. Listed means equipment or materials included in a list published by an organization that is an accepted independent laboratory, as defined in 46 CFR 159.010, or a nationally recognized testing laboratory, as set forth in 29 CFR 1910.7, whose listing states that either the equipment or material meets appropriate designated standards. Nationally recognized testing laboratory (NRTL) means an organization that the Occupational Safety and Health Administration (OSHA) has recognized as meeting the requirements in 29 CFR 1910.7. These requirements are for the capability, control programs, complete independence, and reporting and complaint-handling procedures to test and certify specific types of products for workplace safety. This means, in part, that an organization must have the necessary capability both as a product safety testing laboratory and as a product certification body to receive OSHA recognition as an NRTL. Sample extraction smoke detection systems means systems that collect and analyze air samples from protected spaces in order to detect products of combustion. A complete system includes a control unit, a blower box, accumulators, and a piping system with associated fittings." 46:46:6.0.1.1.4.2.1.3,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-3 [Reserved],USCG,,,, 46:46:6.0.1.1.4.2.1.4,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-4 General requirements.,USCG,,,"[USCG-2012-0196, 81 FR 48275, July 22, 2016]","(a) The purpose of fire detection systems is to give warning of the presence of fire in the protected spaces. To meet this end, the basic requirements of these systems are reliability, sturdiness, simplicity of design, ease of servicing, and the ability to withstand shipboard shock and vibration and the adverse effects of sea humidity. All fire detection systems must be designed, constructed, tested, marked, and installed according to the applicable standards as incorporated by reference in § 161.002-1 and 46 CFR chapter I, subchapter J (Electrical Engineering) of this chapter. (b) Approvals for detection systems issued before July 22, 2017 will remain valid until July 22, 2021. (c) Detection systems installed, with a valid approval, before July 22, 2021 may be maintained onboard vessels and repaired as indicated in 46 CFR 76.27-80(d)." 46:46:6.0.1.1.4.2.1.5,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-6 Testing requirements.,USCG,,,"[USCG-2012-0196, 81 FR 48275, July 22, 2016]","(a) Devices must be tested and listed for fire service by an accepted independent laboratory, as accepted in accordance with § 159.010 of this subchapter, or by a NRTL as set forth in 29 CFR 1910.7. (b) Each fire detection device must comply with the following standards (incorporated by reference, see § 161.002-1) as appropriate: (1) Control units—UL 864; (2) Heat detectors—UL 521; (3) Smoke detectors—UL 268; (4) Flame detectors—ANSI/FM 3260; (5) Audible alarms—UL 464 or UL 1480; (6) Visual alarms—UL 1971; and (7) Manual Signaling Boxes—UL 38. (c) All devices must be tested by an accepted independent laboratory, as defined in § 159.010 of this subchapter, to meet the marine environment testing requirements in Table 161.002-6(c) of this section. The test parameters are found in IEC 60092-504 (incorporated by reference, see § 161.002-1). Table 161.002-6( c )—Marine Environmental Testing Requirements 1 This test only needs to be completed if the device is in a location with moving mechanical parts. (d) All fire detection system control units and remote annunciators must have enclosure protection as outlined in part 5 of IEC 60092-504 (incorporated by reference, see § 161.002-1) if the requirements exceed those of 46 CFR 111.01-9. Otherwise, 46 CFR 111.01-9 must be complied with." 46:46:6.0.1.1.4.2.1.6,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,"§ 161.002-8 Automatic fire detecting systems, general requirements.",USCG,,,"[21 FR 9032, Nov. 21, 1956, as amended by CGD 94-108, 61 FR 28292, June 4, 1996; USCG-2012-0196, 81 FR 48276, July 22, 2016]","(a) General. A fire detection system must consist of a power supply; a control unit on which visible and audible fire and trouble signaling indicators are located; fire and/or smoke detectors; and fire and/or smoke detector circuits, as required, originating from the control unit. Power failure alarm devices may be separately housed from the control unit and may be combined with other power failure alarm systems when specifically approved. (b) [Reserved]" 46:46:6.0.1.1.4.2.1.7,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,"§ 161.002-9 Fire detection system, power supply.",USCG,,,"[USCG-2012-0196, 81 FR 48276, July 22, 2016]",The power supply for a fire detection system must meet the requirements of § 113.10-9 of this chapter. 46:46:6.0.1.1.4.2.1.8,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-10 Fire detection system control unit.,USCG,,,"[USCG-2012-0196, 81 FR 48276, July 22, 2016]","(a) General. The fire detection system control unit must meet the requirements of § 111.01-9 of this chapter. (b) Electrical supervision — Circuits. The circuits must comply with Chapter 23 of NFPA 72 (incorporated by reference, see § 161.002-1), and must be Class A or Class X pathway." 46:46:6.0.1.1.4.2.1.9,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.002,Subpart 161.002—Fire Detection Systems,,§ 161.002-15 Sample extraction smoke detection systems.,USCG,,,"[USCG-2012-0196, 81 FR 48276, July 22, 2016]","(a) General. The sample extraction smoke detection system must consist of a means for continuously exhausting an air sample from the protected spaces and testing the air for contamination with smoke, together with visual and audible alarms for indicating the presence of smoke. (b) Design. The sample extraction smoke detection system must be designed and capable of being installed in accordance with 46 CFR chapter I, subchapter J (Electrical Engineering) and the FSS Code (incorporated by reference, see § 161.002-1). (c) Power supply. The power supply for the sample extraction smoke detection system must meet the requirements of § 113.10-9 of this chapter. (d) Control unit standards. The control unit must be listed by either a NRTL as set forth in 29 CFR 1910.7 or an independent laboratory that is accepted by the Commandant under part 159 of this chapter. The listing must be to the standards specified in UL 864 and tested to the parameters found in IEC 60092-504 (both incorporated by reference, see § 161.002-1)." 46:46:6.0.1.1.4.3.1.1,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.006,"Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels",,§ 161.006-1 Applicable specifications.,USCG,,,"[CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999]","(a) The following specifications, of the issue in effect on the date motor lifeboat searchlights are manufactured, form a part of this subpart: (1) Navy Department specifications: 42S5—Screws, machine, cap and set, and nuts. 43B11—Bolts, nuts, studs, and tap-rivets (and materials for same). 42S5—Screws, machine, cap and set, and nuts. 43B11—Bolts, nuts, studs, and tap-rivets (and materials for same). (2) Federal specification: QQ-B-611—Brass, Commercial; bars, plates, rods, shapes, sheets, and strip. QQ-B-611—Brass, Commercial; bars, plates, rods, shapes, sheets, and strip. (3) Standards of ASTM: ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) Apparatus—161.006-5 ASTM B 456-95, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium—161.006-4 You may obtain these standards from The American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM B 117-97, Standard Practice for Operating Salt Spray (Fog) Apparatus—161.006-5 ASTM B 456-95, Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium—161.006-4 You may obtain these standards from The American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (4) Underwriters' Laboratories, Inc.: Standard for flexible cord and fixture wire, third edition, October, 1935. Standard for flexible cord and fixture wire, third edition, October, 1935. (b) Copies of the above specifications shall be kept on file by the manufacturer, together with the approved plans and certificate of approval." 46:46:6.0.1.1.4.3.1.2,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.006,"Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels",,§ 161.006-2 Type.,USCG,,,,"(a) The motor lifeboat searchlight shall be of the incandescent type equipped with a lamp of approximately 90 watts of proper voltage for use with the electric power installation of the lifeboat, usually a 12-volt radio storage battery. (b) [Reserved]" 46:46:6.0.1.1.4.3.1.3,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.006,"Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels",,§ 161.006-3 Materials and workmanship.,USCG,,,,"(a) Materials. The materials shall be of best quality and suitable in every respect for the purpose intended. All materials shall be corrosion resistant. The use of acid flux in making joints shall not be permitted. (b) Workmanship. The workmanship shall be first class in every respect." 46:46:6.0.1.1.4.3.1.4,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.006,"Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels",,§ 161.006-4 Requirements.,USCG,,,"[CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999]","(a) Corrosion-resisting materials. Silver, corrosion-resisting steel, copper, brass, bronze and copper-nickel alloys are considered satisfactory corrosion-resistant materials within the intent of this subpart. (b) Searchlight parts. The motor lifeboat searchlight shall, in general consist of the following parts: Yoke and pedestal. Housing. Front door. Reflector. Lamp socket. Supply cable. Yoke and pedestal. Housing. Front door. Reflector. Lamp socket. Supply cable. (c) Weight and dimensions. The height of the motor lifeboat searchlight shall not exceed 19 inches and the weight shall not exceed 16 pounds, unless otherwise approved. (d) Wiring. The motor lifeboat searchlight shall be wired with a five-foot length of rubber-jacketed hard service flexible cord, Underwriters' Laboratories, Inc., Type S, or equivalent, of a size not less than No. 16 AWG. At the point where the cable enters the searchlight, a waterproof entrance bushing with packing gland and cord grip shall be provided. (e) Lamp and socket. The motor lifeboat searchlight shall be provided with a lamp of not less than 80 watts nor more than 100 watts, and a suitable lamp socket. Means shall be provided for adjusting and securing the lamp socket at any position between the focal point and a point not less than 1/4 inch away from the focal point in either direction in the axis of the beam. (f) Housing. The housing shall be constructed of brass, Federal Specification QQ-B-611, Composition E, copper alloy, or other suitable corrosion-resistant material as approved, of a thickness not less than No. 20 AWG. The housing shall be capable of free movement of at least 60 degrees above and 20 degrees below the horizontal, and of a free movement of 360 degrees in a horizontal plane. It shall be possible to lock the barrel in any desired position, vertically or horizontally, without the use of tools. A sturdy metal hand grip shall be provided at the back of the housing for housing-adjusting purposes. (g) Front door. A front door shall be attached to the housing in such a manner that it can be readily opened or removed, without the use of tools, for the purpose of relamping. The door, when closed, shall be waterproof. Clear front door glass shall be used. (h) Reflector. The reflector shall be paraboloidal. It shall be constructed of brass, Federal Specification QQ-B-611 Composition E, finished and with electroplated coatings of nickel and chromium in accordance with ASTM B 456 (incorporated by reference, see § 161.006-1), Service Condition 1, or as otherwise approved. The reflector shall furnish a minimum average illumination of 100 foot candles, when measured as specified in § 161.006-5 (b) (2). (i) Yoke and pedestal. The yoke and pedestal shall be of rugged construction. The pedestal shall be suitable for bolting to a flat surface with not less than four 3/8 -inch diameter bolts. (j) Beam spread. The beam shall be at least 60 feet in diameter at 200 yards. The edge of the beam shall be defined as a point at which the intensity of the light is 10 percent of the maximum intensity. (k) Bolts, nuts, and screws. Bolts and nuts shall conform to the requirements of Navy Department Specification 43B11. Screws shall conform to the requirements of Navy Department Specification 42S5. (l) Name plate. The motor lifeboat searchlight shall be provided with a permanent metallic name plate giving the name of manufacturer, type designation, and drawing number." 46:46:6.0.1.1.4.3.1.5,46,Shipping,I,Q,161,PART 161—ELECTRICAL EQUIPMENT,161.006,"Subpart 161.006—Searchlights, Motor Lifeboat, for Merchant Vessels",,"§ 161.006-5 Sampling, inspections and tests.",USCG,,,"[CGFR 49-43, 15 FR 127, Jan. 11, 1950, as amended by USCG-1999-5151, 64 FR 67185, Dec. 1, 1999]","(a) General. Motor lifeboat searchlights specified by this subpart are not inspected at regularly scheduled factory inspections of production lots, but the Commander of the Coast Guard District may detail an inspector at any time to visit any place where such searchlights are manufactured to check materials and construction methods and to conduct such tests and examinations as may be required to satisfy himself that the searchlights are being manufactured in compliance with the requirements of this specification and with the manufacturer's plans and specifications approved by the Commandant. (b) Methods of test —(1) Waterproof test. The searchlight shall be subjected for 5 minutes to a stream of water under a head of approximately 35 feet from a hose not less than 1 inch in diameter from a distance of approximately 10 feet. The hose nozzle shall be adjusted to give a solid stream at the enclosure. No leakage shall occur in this test. (2) Beam candlepower. All light except that produced from the searchlight under test shall be excluded from the room in which measurements are made. The searchlight shall be operated at rated voltage with a seasoned lamp as specified in § 161.006-4(e). Measurements of beam candlepower shall be made at the corners of a 6-inch square located in the center of the beam at a distance of 32 feet immediately in front of the searchlight. (3) Corrosion resistance. The searchlight shall be subjected to a 200-hour salt spray test in accordance with ASTM B 117 (incorporated by reference, see § 161.006-1). There shall be no evidence of corrosion that will be detrimental to the operation of the searchlight. (4) Heat run. The searchlight, completely assembled, shall be operated continuously for 2 hours at rated voltage following which the waterproof test shall be conducted. This cycle shall be repeated 3 times. The ambient temperature shall be approximately 25 °C. The water stream shall be from an ordinary cold water tap."